California Ar-15 Laws: Do They Apply To Visitors?

do california laws on ar 15 apply to non residents

California has some of the strictest gun control laws in the United States, and AR-15s are classified as assault weapons in the state. As such, there are many restrictions on the sale, manufacture, and possession of AR-15s in California. This raises the question: do these laws apply to non-residents? The answer is yes; California's gun laws apply to anyone within the state, regardless of their residency. So, if you're a non-resident and want to own, buy, or build an AR-15 in California, you must comply with the state's laws and regulations.

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California's AR-15 restrictions

California has some of the strictest gun control laws in the US, and these laws apply to both residents and non-residents. The state has specific restrictions on AR-15 rifles, which are deemed "assault weapons" under California law. Here is an overview of the key restrictions:

Registration Requirements

California law requires owners of AR-15 rifles to register their firearms with the state's Department of Justice. This registration process involves providing detailed information, including receipts and multiple photos of the gun, which some gun owners consider overly intrusive. The registration is meant to deter ownership of these weapons and encourage compliance with the law.

"Bullet Button" Ban

California has banned the use of "bullet buttons" on AR-15 rifles. A bullet button is a device that requires a pointed tool, such as the tip of a bullet, to release the rifle magazine. By outlawing this feature, the state aims to slow down the reloading process and make it more cumbersome for gun owners.

"Featureless" AR-15 Requirements

To be legal in California, an AR-15 rifle must be "featureless," meaning it cannot have certain specific components. Prohibited features include a folding or telescoping stock, an underbarrel grenade or flare launcher, a vertical pistol grip, a thumbhole stock, and a forward pistol grip or vertical grip on the handguard. Gun owners must either remove or modify these features to comply with the law.

Ammunition Restrictions

California has also imposed restrictions on the purchase of ammunition. As of 2018, Californians can no longer order ammunition online and must instead purchase it from a state-licensed firearms dealer. Additionally, starting in 2019, ammunition purchasers must pass a background check to buy bullets and shotgun shells.

Impact of Restrictions

The impact of California's AR-15 restrictions has been mixed. While gun control proponents argue that these laws are necessary to enhance public safety and reduce the lethality of mass shooting events, gun rights advocates have found workarounds to comply with the laws without giving up their firearms. Some gun owners have chosen to modify their AR-15s to be "featureless", while others have opted for different types of guns or workarounds to maintain the functionality of their weapons.

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AR-15 registration

California has strict gun control laws and was the first state in the US to enact legislation regulating the sale, manufacture, and possession of what are considered "assault weapons". AR-15s fall into this category and are subject to specific restrictions.

To lawfully own an AR-15 in California, the firearm must be registered with the California Department of Justice (DOJ). The registration period for AR-15s ended on June 30, 2018, and owners were required to register their weapons electronically through the California Firearms Application Reporting System (CFARS). A federal court ruling (Sharp v. Becerra, E.D. Cal. Mar. 29, 2021) reopened the registration window for 90 days, from January 13, 2022, to April 12, 2022, for those who were unable to register due to technical difficulties.

To be eligible for registration, individuals must have lawfully possessed the AR-15 before January 1, 2017, and must have attempted to register the weapon prior to the original deadline.

AR-15 Restrictions in California

California law defines AR-15s as restricted assault weapons due to their specific features. To be compliant, an AR-15 in California must be "featureless", meaning it cannot include the following:

  • Folding/telescoping stock
  • Underbarrel grenade or flare launcher
  • Vertical pistol grip
  • Thumbhole stock
  • Folding/adjustable stock
  • Forward pistol grip or vertical grip along the handguard

Additionally, certain parts and accessories are prohibited, such as flash hiders and 80% lowers, which can no longer be registered.

Lawful Use of Registered AR-15s

California places important limitations on the use of lawfully registered AR-15s to protect public safety. Owners of registered AR-15s are generally permitted to possess their weapons only under specific circumstances, such as:

  • At their residence, place of business, or other owned property, or on property with the owner's express permission
  • While on certain target ranges and shooting clubs
  • While on publicly owned land with specific permission from the managing agency
  • While properly transporting the firearm between any of the above locations or to a licensed gun dealer for servicing and repair

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AR-15 transportation laws

California has some of the strictest gun control laws in the US, and AR-15s are highly regulated due to their semi-automatic capabilities and military-style features. If you are a resident of California or are temporarily in the state, you must follow certain rules when transporting an AR-15. Firstly, the firearm must be unloaded and locked in a hard-sided container, with ammunition stored separately. This container must be fully enclosed and locked with a combination lock or other locking device to prevent unauthorised access. When going to and from the vehicle, the firearm must be carried in a locked container, and the owner must walk directly to and from the vehicle without deviating.

If you are driving a vehicle without a trunk, such as a pickup truck, the firearm must be inside the vehicle. For example, an unloaded handgun in a locked case can be placed on the passenger seat, while an unloaded rifle can be stored in a range bag in the crew cab. It's important to note that California requires rifles and shotguns that cannot be concealed to be unloaded during transport, but they do not have to be in a locked container unless in a school zone.

Additionally, there are specific rules for transporting assault weapons in California. These firearms must be stored in a locked container and can only be transported to and from specific locations, such as a licensed gun dealer for servicing or repair, the gun owner's private property, or public land with the permission of the managing agency.

It's crucial to understand that individual states have the authority to impose restrictions on firearm transportation. Therefore, if you are transporting an AR-15 across state lines, you must research and comply with the laws of each state you travel through or visit. These laws can include permits, licenses, magazine capacity restrictions, and specific features of the rifle.

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California's assault weapon laws

California has some of the strictest gun control laws in the United States. In 1989, California was the first state in the country to enact legislation regulating the sale, manufacture, and possession of particularly dangerous firearms classified as assault weapons.

There are three categories of assault weapons under California law:

Category One:

Firearms specified on the original Roberti-Roos assault weapons list. This includes the Beretta AR-70, Springfield Armory BM59 and SAR-48, Steyer AUG, Sterling MK-6, and the Bushmaster Assault Rifle.

Category Two:

Firearms that are variations of the AK or AR-15, with only minor differences from those two models.

Category Three:

Firearms defined as assault weapons based on specific generic characteristics, often called “SB 23 assault weapons.” This includes any semi-automatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

  • A pistol grip that protrudes conspicuously beneath the weapon
  • A thumbhole stock
  • A folding or telescoping stock
  • A grenade or flare launcher
  • A flash suppressor
  • A forward pistol grip

California law also generally prohibits the sale of large-capacity magazines (i.e., magazines able to accept more than ten rounds).

California also has strict laws regarding the manufacture and assembly of firearms, including AR-15s. Certain parts and features are prohibited, and some parts may classify your gun as an assault weapon. It is important to stay up to date with California's gun laws, as they are subject to change.

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California's gun control restrictions

California's gun control laws are among the most restrictive in the country. The state has a comprehensive array of gun laws that seek to ban the illegal use and possession of firearms. Here is a detailed overview of California's gun control restrictions:

Gun Purchases and Sales

California requires gun buyers to obtain a Firearm Safety Certificate (FSC) to purchase a firearm. The criteria for the FSC include passing a written exam administered by a certified instructor with the California Department of Justice (DOJ) and being at least 18 years of age. Only licensed gun dealers can sell firearms at retail, and there is a mandatory 10-day waiting period between the sale and delivery of the firearm while a background check is conducted. A licensed firearms dealer cannot deliver a gun unless the buyer or transferee performs a safe-handling demonstration in the presence of a certified instructor. California also has strict regulations regarding gun shows, requiring organisers to obtain a certificate of eligibility from the DOJ and ensuring that all sales and purchases adhere to the state's gun laws.

Restrictions on Gun Possession

California has laws prohibiting certain categories of people from possessing or purchasing firearms. These include convicted felons, individuals addicted to drugs, individuals with certain misdemeanor convictions (including domestic violence), and individuals subject to restraining orders or protective orders. The state also imposes a ban on the possession of firearms and ammunition by individuals who are not US citizens.

Concealed Weapons License

California requires individuals who want to carry a concealed handgun to obtain a license or permit. To qualify for a concealed carry permit, individuals must be at least 21 years old, pass a background check, complete an approved firearms safety course, and meet state residency requirements, among other criteria. California law also places restrictions on public places where individuals can carry or possess a concealed weapon.

Assault Weapons and Magazine Capacity Restrictions

California bans the possession of several dangerous weapons, including assault weapons, 50-caliber rifles, undetectable firearms, and accessories like large-capacity magazines (capable of accepting more than 10 rounds) and bump stocks. The California Penal Code provides a detailed list of prohibited assault weapons, which may be identified by specific make and model or by certain features commonly found in assault weapons.

Safe Storage and Motor Vehicle Regulations

California has strict laws regarding the safe storage of firearms to prevent access by children under 18 years of age and prohibited persons. The state also has detailed laws related to the transportation of firearms in motor vehicles, requiring that concealable firearms be unloaded and stored in a locked container or the vehicle's trunk. Long guns, such as rifles and shotguns, can be transported in a motor vehicle as long as they are unloaded.

Penalties for Illegal Firearm Possession

California imposes strict penalties for the illegal possession of firearms. For example, possession of a firearm with a felony conviction or while addicted to a narcotic drug can result in a felony charge punishable by up to three years in prison and a fine of up to $10,000. Possession of an assault weapon can also be charged as a felony, carrying similar penalties.

Gun Violence Restraining Orders

California has enacted laws allowing certain individuals, including family members, law enforcement, and school personnel, to petition the court for a gun violence restraining order. If the court finds that an individual poses a significant risk of harm to themselves or others, it can issue an order to remove firearms and prohibit the purchase or possession of firearms for up to five years.

Frequently asked questions

There are three categories of assault weapons under California law: firearms on the Roberti-Roos assault weapons list, firearms on the AK and AR-15 series weapons list, and firearms defined as assault weapons based on specific generic characteristics.

With limited exceptions, California prohibits anyone from possessing an assault weapon unless they lawfully possessed the firearm before it was classified as an assault weapon and registered it with the California Department of Justice within specified timeframes.

Possessing an assault weapon in violation of California law is a public nuisance, and can result in criminal prosecution or a civil action. Individuals found in possession of an unregistered "Other" assault weapon may face misdemeanor or felony charges.

Yes, non-residents can transport a registered assault weapon into California as long as it is transported in accordance with specified Penal Code sections.

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