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Assault Weapons '=.l,. ~ For use by Secretary of State only STATEOFCAUPORNIA—OFPICEOFADMINISTRAT '~. f ~ i ~ ~ ~ ` tee instructions on N~JT'i~~ PUBLICATION/f~~~~L~~'IO~~-~~E~IV9$~-51C3f~ ~'~ ~ `' ~~~ reverse) STD.400 (REV. 07-20131 REGULATORY ACTION NUMBER p EMERGENCY NUMBER OAL FILE NOTICE FILE NUMBER NUMBERS 7. 1 ~ ~ ~ f ~ iJ ~{" 6~ For use by Office of Administrative Law (OAS)only `~~~ ~ ~. ~q NOTICE ~ REGULATIONS ' _ AGENCY FILE NUMBER (if any) AGENCY WITH RULEMAKING AUTHORITY Department of Justice (DOJ-17-005 A. PUBLICATION OF NOTICE {Complete for publitation in Notice Register) --- FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE 1. SUBJECT OF NOTICE TITLES) TELEPHONE NUMBER I- FAX NUMBER (Optional) 3. NOTICE TYPE 4. AGENCY CONTACT PERSON Notice re'Proposed Other ~ Re ulator Acton ❑ ACTION ON PROPOSED NOTICE NOTICE RFGISI FR NUMEIEk Pt1BUCf1itQN DATE OAL I.JSE ~~'1 ApP~ `~ -5 ~'—} r r~pprnved as r ', D1sa Purovea' Ot~lL ti Subrr ~,~ Modlfieo ~~ wtharawn _ B. SUBMISSION OF REGULATIONS(Complete when submitting regulations) 1b. ALl PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) 1a. SUBJECT OF REGULATIONS) Bullet-Button Assault Weapons 2. SPECIFY CALIFORNIA CODE OF REGUTATiONS TITLE(5) AND SECTION(5} pncluding title 26,if mxics related} A~oPr SEC'TIOFd(5)/dFFECTED 5474, 5474.1, 5474.2, 5475, 5476,5477, and 5478 (List all section numbers) Sections 5470,5471, 5472, individually. Attach AME"° additional sheet i~ e~eeded.) Sections 5469 and 5473 TITLES) REPEAL 11 3. 7YPEOPFILING Regular Rulemaking (Gov. ~ Certificate of Compliance: The agency officer named ❑Emergency Readopt {Gov. ❑Changes Without Regulatory Code §71346} below certifies that this agency complied with the Code, §11346.1(h}) Effect teal. Code Regs., title Resubmittai of disapproved or provisions of Gov. Code §§7 7346.2-113473 either 1,§100) O withdrawn nonemergency before the emergency regulation was adopted or ~ File &Print ~ Print Only Oiling (Gov. Code §§71349,3, within the time period required by staTute. 11349.4) disapproved or withdrawn Emergency iGov. Code, ~ Resubmittal of ❑Other i5pecify) §11346.1{b)) emergency filing (Gov. Code, §71346.1) Regs. title 7, 444 and Gov. Code 577347.1) 4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGt1LA710N5.AND/ORMATERIAL ADDEDTOTHE RULEMAKING FILE (Gal, Code N/A 5. EFFECTIVE DATE OF CHANGES(Gov. Code,§4 1.7343.4, 7 7346.1(d); CaI. Code Regs., title 1, §100) - Effective January 1, April 1, July 1, or ~ Effective on filing with ❑ §100 Changes Without ~ Effective y ❑ October 1 (Gov. Code §11343A(a)) Secretary of State Regulatory Effect other(Specif ) CONCURRENCE BY, ANOTHER AGENCY OR E 6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR Marshal ~ Fair Political Practices Commission ~ State Fire Department of Finance(Form STD. 399)(SAM §6660) Other (Specify) AIL ADDRESS (Optlo~a~) 7. CONTACT PERSON FAX Jacqueline Dosch 16) 227-5417 [email protected] For use by Office of Administrative Law (UAL)only $• I certify that the attached copy of the regulation{s)is a true and correct copy of the regulations)identified on thisfarm, that the information specified on this form is true and correct, and that 1 am the head of the agency taking this action, or a designee of the head of the agency,and am authorized to make this certification. DATE -~^~ SIGNA RE OF~A/G~ENCY HEAD OR DEfSIGNEE / i(~ f ~ ~ f A ~ ~..~. ~1. ". ~ _~_ ~ Sean McCluskie, Chief Deputy Attorney General California Code of Regulations Title 11, Division 5 Chapter 39 Assault Weapons and Large-Capacity Magazines r,o~;Yf14'1AN[~ ~~To,.,~,~ TTn~,a +~ T,ao~+;~, n ~r,,,,~,- t~zo.,~,.r~ Article Z. LL VV 1~,FVlil~tl L 1~J ~J 1 Registration Requirement, What Qualifies for Registration, and Definitions § 5469. ~~~~ s Registration of Assault Weapons Pursuant to Penal Code Section 30900 b~(1)• Who Must Re ig ster. .. _. _ .. .. _ e ... .. ... - - - - - - _ .~~. Andperson who from Januar~l 2001 to December 31 2016 inclusive, lawfully possessed an assault weapon that does not have a fixed magazine as defined in Penal Code section 30515, including those weapons with an ammunition feedingdevice that can be readily removed from the firearm with the use of a tool(commonlX referred to as a bullet-button weapon) must register the firearm before January 1, 2018. Note: Authority cited: Section ~1~8 30900, Penal Code. Reference: Sections ~ E~}; ~3-5~ 1 t i l~T:T~T~~KlT~T~L'itl~T_~L~=[t1►1~7lZ~1"Yl~~a~ii7/G~1aT'~v~orTfs~~r~~~~urs+~ Page 1 of 15 X5470 Registration of Assault We~ons Pursuant to Penal Code Section 30900(b)(1); Which We~ons Must be Re List~ erect• Department before 3anuary 1, 2018. (b) A semiautomatic centerfire or rimfire pistol with an aillmunition feeding device that can be readily removed from the firearm with the use of a tool, commonly referred to as a bullet-button weapon that has one or more specified features identified in Penal Code section 30515 is included in the category of firearms that must be registered. ~) A semiautomatic centerfire rifle with an ammunition feeding device that can be readily removed from the firearm with the use of a tool commonly referred to as a bullet-button weapon that has one or more specified .features identified in Penal Code section 30515 is included in the cate~or~of firearms that must be registered. (d) A semiautomatic shotgun with an ammunition feeding device that can be readily removed from the firearm with the use of a tool commanl~referred to as abullet-button weapon, is included in the cate~or~of firearms that must be re ist~ erect• Note• Authority cited Section 30900 Penal Code Reference: Sections 30515 and 30900, Penal Code. § 5471 Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(11; Explanation of Terms Related to Assault Weapon Designation. The following definitions a~ply to terms used in the identification of assault weapons pursuant to Penal Code section 30515 and for purposes of Articles 2 and 3 of this Chapter: ~) "Abi1i to accept a detachable magazine" means with respect to a semiautomatic shotgun, it does not have a fixed ma Lag zine• fib) "Action" means the working mechanism of a semiautomatic firearm, which is the combination of the receiver or frame and breech bolt together with the other parts of the mechanism by which a firearm is loaded fired and unloaded. ~c~ `Barrel" means the tube usually metal and cylindrical through which a projectile or shot charge is fired Barrels may have a rifled or smooth bare._ ~d) "Barrel length" means the length of the barrel measuxed as follows: Without consideration Page 2 of 15 of a as or electric steel-seal temperature (' 1100°F) silver soldering,,_ or blind pinning with the pin head welded over. Barrels are measured b~inse~tin,~a dowel rod into the barrel until the rod stops a~ainSt the closed bolt or breech-.face. The rod is then marked at the furthermost end of tie barrel or permanently attached muzzle device, withdrawn from the barrel, azld measured. "Bullet" means th~roaectile expelled from a gun. It snot synonymous with a cartrid Bullets can be of many materials, shapes, weights, and constructions such as sand lea lead with a jacket of harder metal, round-nosed, flat-nosed, hollow-pointed, et cetera. "Bullet-button" means a product reauirin~ a tool to remove an ammunition feeding de bullet-button equipped fizlly functional semiautomatic firearm does not meet the fixed ma azine definition under Penal Code section 30515(b). (g,,) "Bare" means the interior of a firearm's barrel excluding the chamber. hundreds of an inch;'in Great Britain in thousandths of an inch; in Europe and elsewhere in millimeters. (i} "Cartridge" means a complete round of ammunition that consists ofa primer, a case, propellant powder and one or more projectiles. ~j,) "Centerfire" means a cartridge with its primer located in the center of the base of the case. ~k) "Contained in" means that the magazine cannot be released from the firearm while the action is assembled. For AR-15 style firearms this means the magazine cannot'be released from the firearm while the Wiper receiver and lower receiver are joined to eg ther. (1) "Department" means the California Department of Justice. gym) "Detachable magazine" means any amil~unition feeding device that can be removed readies from the firearm without disassembly of the firearm action or use of a tool. A bullet or ammunition cartridge is considered a tool. An ammunition feedin d~ evice includes any belted or linked ammunition, but:does not include .clips, en<bloe clips, or striper clips that load cartridges into the magazine. An AR-15 style firearm that has abullet-button style magazine release with a ma peg t left on the bullet-button constitutes a detachable magazine. An AR-15 style firearm lackin~a magazine catch assembly(magazine catch, magazine catch sprin,~ and magazine release buttons constitutes a detachable magazine. An AK-47 style firearm lacking a magazine catch assemblesmagazine catch springyand rivetlpinZ constitutes a detachable magazine. Page 3 of 15 fin) "Disassembly of the firearm action" means the fire control assembly is detached from the action in such a wav that the action has been :interrupted and will not function. For example, disassembling the action on a twapart receiver, like that on an AR-15 style firearm, would require the rear take down pin to be removed,the upper receiver lifted upwards and awa~from the lower receiver using the front pivot pin as the fulcnun, be~are the magazine may be removed, ~cteristics associated with that weapon, as listed in Penal Code sectio (q) "Flare launcher" means a device used to launch signal flares.
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