The Roberti–Roos Assault Weapons Control Act of 1989 (AWCA) is a

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

law that bans the ownership and transfer of over 50 specific brands and models of firearms, which were classified as

assault weapons In the United States, ''assault weapon'' is a controversial term used to define firearms with specified characteristics. The definition varies among regulating jurisdictions, but usually includes semi-automatic firearms with a detachable ma ...

. Most were rifles, but some were pistols and shotguns. The law was amended in 1999 to classify assault weapons by features of the firearm. Firearms that were legally owned at the time the law was passed were grandfathered if they were registered with the

California Department of Justice The California Department of Justice is a statewide investigative law enforcement agency and legal department of the California executive branch under the elected leadership of the California Attorney General (AG) which carries out complex cri ...

. The law was overturned in June 2021 in ''

Miller v. Bonta ''Miller v. Bonta'' is a pending court case before Judge Roger Benitez of the U.S. District Court for the Southern District of California concerning California's assault weapon ban, the Roberti–Roos Assault Weapons Control Act of 1989 (AWCA). J ...

''; the ruling is stayed pending appeal.

Proponents

The act was a direct response to the deaths of five schoolchildren in the Cleveland Elementary School shooting in

Stockton Stockton may refer to: Places Australia * Stockton, New South Wales * Stockton, Queensland, a locality in the Cassowary Coast Region New Zealand *Stockton, New Zealand United Kingdom *Stockton, Cheshire *Stockton, Norfolk *Stockton, Chirbu ...

that year. The co-author of the legislation,

California State Senate The California State Senate is the upper house of the California State Legislature, the lower house being the California State Assembly. The State Senate convenes, along with the State Assembly, at the California State Capitol in Sacramento, Cal ...

President ''pro tem''

David Roberti David A. Roberti (born May 4, 1939) served as a Senator in the California legislature and as President pro tempore of the California State Senate from 1981 to 1993. He co-authored the Roberti-Roos Assault Weapons Control Act of 1989, Roberti-Roos ...

, found himself the subject of a recall attempt by the gun lobby in 1994. He survived that, but later that year lost a Democratic primary election for the office of California State Treasurer. The loss was considered a result of the immense campaign finance costs of defending against the recall, and the draining of those finances. Assembly Speaker pro tem,

Mike Roos Michael Roos (born August 6, 1945) is an American political strategist and former legislative leader in the California State Assembly, which he served for over 14 years (1977-1991). Career Early career Before his election to the Californi ...

who retired in 1991, was the other co-author.

California penal code categories

Firearms are identified as assault weapons by statute in Penal Code sections §30510 and §30515. *The original Roberti–Roos assault weapons list identified assault weapons by make and model in Penal Code §30510. The law originally was numbered § Penal Code 12276 was passed into law in 1989. It was renumbered in 2010 with the identical text. *In 1999, Penal Code § 12276.1 was added to California State Law ("SB23"), defining assault weapons by characteristics. This law was renumbered in 2010 to the current Penal Code § 30515. *In 2016, Penal Code § 30515 was amended following the San Bernardino Terrorist Attack. The characteristics used to identify assault weapons in pistols and rifles changed to ban the "bullet-button" feature: "nondetachable" magazines were no longer considerable as "fixed' magazines. *In 2020, Penal Code § 30515 was amended the characteristics of shotguns in order to ban the "bullet-button" feature. Sub-sections 9, 10, and 11 were added to address "Other" (ATF Title 1) firearms that did not fall under the classification of pistol, rifle, or shotgun. The Roberti–Roos Assault Weapons Control Act of 1989 was augmented in 1999 with SB23. It also inspired follow-on legislation such as

.50 Caliber BMG Regulation Act of 2004 The .50 Caliber BMG Regulation Act of 2004 is a law in the state of California that effectively banned all .50 BMG-caliber rifles from being sold in the state. The law took effect on January 1, 2005.

Firearms prohibited by make and model

The following designated semiautomatic firearms are defined as assault weapons by Penal Code section 30510:
(a) ''The following specified

rifle A rifle is a long-barreled firearm designed for accurate shooting, with a barrel that has a helical pattern of grooves ( rifling) cut into the bore wall. In keeping with their focus on accuracy, rifles are typically designed to be held with ...

s:''
:(1) All AK series including, but not limited to, the models identified as follows: ::(A) Made in China AK,

AKM The AKM () is an assault rifle designed by Soviet small arms designer Mikhail Kalashnikov in 1959. It is the most ubiquitous rifle of the Kalashnikov rifles. It was developed as a replacement to the AK-47 introduced a decade prior. Introduced ...

, AKS,

AK47 The AK-47, officially known as the ''Avtomat Kalashnikova'' (; also known as the Kalashnikov or just AK), is a gas-operated assault rifle that is chambered for the 7.62×39mm cartridge. Developed in the Soviet Union by Russian small-arms des ...

, AK47S, AK56, AK56S, AK84S, and AK86S. ::(B)

Norinco China North Industries Group Corporation Limited, doing business internationally as Norinco Group (North Industries Corporation), and known within China as China Ordnance Industries Group Corporation Limited (), is a Chinese state-owned defense ...

56, 56S, 84S, and 86S. ::(C) Poly Technologies AKS and AK47. ::(D) MAADI AK47 and ARM. :(2)

IMI IMI may refer to: Companies and organizations * IMI plc, a British engineering company * IMI Systems, an Israeli weapons manufacturer * Indian Music Industry, a trust that represents the recording industry distributors in India * Indonesian Motor ...

UZI The Uzi (; he, עוזי, Ūzi; officially cased as UZI) is a family of Israeli open-bolt, blowback-operated submachine guns and machine pistols first designed by Major Uziel "Uzi" Gal in the late 1940s, shortly after the establishment of the ...

and Galil. :(3) Beretta AR-70. :(4) CETME Sporter. :(5) Colt AR-15 series. :(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C. :(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. :(8) MAS 223. :(9) Heckler & Koch

HK-91 The Heckler & Koch HK41 is a semi-automatic version of the Heckler & Koch G3 battle rifle; it was produced by Heckler & Koch for the civilian market in the 1960s.

, HK-93, HK-94, and HK-PSG-1. :(10) The following MAC types: ::(A) RPB Industries Inc, sM10 and sM11. ::(B) SWD Incorporated M11. :(11)

SKS The SKS (russian: Самозарядный карабин системы Симонова, Samozaryadny Karabin sistemy Simonova, 1945, self-loading carbine of (the) Simonov system, 1945) is a semi-automatic rifle designed by Soviet small arms ...

with detachable magazine. :(12) SIG AMT, PE-57,

SG 550 The SG 550 is an assault rifle manufactured by Swiss Arms AG (formerly a division of Schweizerische Industrie Gesellschaft, now known as SIG Holding AG) in Switzerland. "SG" is an abbreviation for ''Sturmgewehr'' ("assault rifle"). The rifle ...

, and SG 551. :(13) Springfield Armory BM59 and SAR-48. :(14) Sterling MK-6. :(15)

Steyr AUG The Steyr AUG () is an Austrian bullpup assault rifle chambered for the 5.56×45mm NATO intermediate cartridge, designed in the 1960s by Steyr-Daimler-Puch, and now manufactured by Steyr Arms GmbH & Co KG. It was adopted by the Austrian Arm ...

. :(16) Valmet M62S, M71S, and M78S. :(17) Armalite AR-180. :(18) Calico M-900. :(19) J&R ENG M-68. :(20) Weaver Arms Nighthawk. (b) ''The following specified

pistol A pistol is a handgun, more specifically one with the chamber integral to its gun barrel, though in common usage the two terms are often used interchangeably. The English word was introduced in , when early handguns were produced in Europe, an ...

s:''
:(1) IMI UZI. :(2) Encom MP-9 and MP-45. :(3) The following MAC types: ::(A) RPB Industries Inc, sM10 and sM11. ::(B) SWD Incorporated M-11. ::(C) Advance Armament Inc. M-11. ::(D) Military Armament Corp. Ingram —11. :(4)

Intratec TEC-9 The Intratec TEC-9, TEC-DC9, KG-99 and AB-10 are a line of blowback-operated semi-automatic pistols. They were developed by Intratec, an American subsidiary of the Swedish firearms manufacturer Interdynamic AB. Introduced in 1984, the TEC-9 was ...

. :(5) Sites Spectre. :(6) Sterling MK-7. :(7) Calico M-950. :(8) Bushmaster Pistol. (c) ''The following specified

shotgun A shotgun (also known as a scattergun, or historically as a fowling piece) is a long gun, long-barreled firearm designed to shoot a straight-walled cartridge (firearms), cartridge known as a shotshell, which usually discharges numerous small p ...

s:''
:(1) Franchi SPAS 12 and

LAW 12 Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

. :(2) Striker 12. :(3) The Streetsweeper type S/S Inc, SS/12. (see Striker)

Firearms prohibited by configuration

Other firearms are banned from sale or possession by certain characteristics or configuration as determined by parts or features. If an undefined firearm is modified with any of the following characteristics, it can subsequently be classified as a banned assault weapon. These are as given in Penal Code section 12276.1 and 30515:
:''(1) A semiautomatic, centerfire

that does not have a fixed magazine but has any one of the following:'' ::(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. ::(B) A

thumbhole stock A gunstock or often simply stock, the back portion of which is also known as a shoulder stock, a buttstock or simply a butt, is a part of a long gun that provides structural support, to which the barrel, action, and firing mechanism are attache ...

. ::(C) A folding or telescoping stock. ::(D) A

grenade launcher A grenade launcher is a weapon that fires a specially-designed large-caliber projectile, often with an explosive, smoke or gas warhead. Today, the term generally refers to a class of dedicated firearms firing unitary grenade cartridges. The mos ...

or flare launcher. ::(E) A flash suppressor. ::(F) A forward pistol grip. :''(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.'' :''(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches 62 mm'' : :''(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: '' ::(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer (suppressor). ::(B) A second handgrip. ::(C) A

shroud Shroud usually refers to an item, such as a cloth, that covers or protects some other object. The term is most often used in reference to ''burial sheets'', mound shroud, grave clothes, winding-cloths or winding-sheets, such as the famous Shr ...

that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel. ::(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. :''(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. '' :''(6) A semiautomatic shotgun that has both of the following: '' ::(A) A folding or telescoping stock. ::(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. : :(7) A semiautomatic shotgun that does not have a fixed magazine. :(8) Any shotgun with a revolving cylinder. : :(9) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following: ::(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. ::(B) A thumbhole stock. ::(C) A folding or telescoping stock. ::(D) A grenade launcher or flare launcher. ::(E) A flash suppressor. ::(F) A forward pistol grip. ::(G) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. ::(H) A second handgrip. ::(I) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. ::(J) The capacity to accept a detachable magazine at some location outside of the pistol grip. :(10) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds. :(11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches. :(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. : The amended legislation included the following: :(A) "Assault weapon" does not include any antique firearm. :(B) The following definitions shall apply under this section: ::#"Magazine" shall mean any ammunition feeding device. ::#"Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. ::#"Antique firearm" means any firearm manufactured prior to January 1, 1899.

Related court cases

''Kasler v. Lockyer''

The California Supreme Court handed down its decision in ''Kasler v. Lockyer'' in August 2000. The original suit, in the mid-1990s, challenged the constitutionality of California's 1989 Roberti–Roos assault weapons ban. The Court found in favor of the defendants, Attorney General

Bill Lockyer William Westwood Lockyer (born May 8, 1941) is a retired American politician from California, who held elective office from 1973 to 2015, as State Treasurer of California, California Attorney General, and President Pro Tempore of the California ...

and the State of California; one resulting aspect of this decision was that the AWCA '89 "series" terminology used for AR and AK type weapons applied to all similar weapons, regardless of nomenclature (manufacturer, model number, version, variant, etc.). The result of the Kasler v. Lockyer was a list of AR and AK-style firearms that are banned in California by name. These firearms include the

Armalite ArmaLite, or Armalite, is an American small arms engineering company, formed in the early 1950s, in Hollywood, California. Many of its products, as conceived by chief designer Eugene Stoner, relied on unique foam-filled fiberglass butt/stock fur ...

AR-15,

Bushmaster XM-15 The Bushmaster XM-15 series (or XM15) is a line of AR-15 style semi-automatic rifles and carbines previously manufactured by Bushmaster Firearms International, LLC. Variants include the Bushmaster M4-type Carbine, Patrolman series, QRC series, B ...

Colt AR-15 The Colt AR-15 is a lightweight, magazine-fed, gas-operated semi-automatic rifle. It is a semi-automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Colt's Manufacturing Company currently ...

, Kalashnikov USA Hunter Rifle, MAADI CO AK-47, ARM, MISR, and MISTR, to name a few. There are a total of 84 firearms that are banned by name on this list. While the SB23 "by features" assault weapons registration window was open throughout 2000, the ''Kasler'' decision (whose case was filed several years prior) triggered DOJ to open a 90-day overlapping registration window for "series" guns - regardless of configured features suite - ending 31 Dec 2000. However, due to a printing error in the Secretary of State's office - related to "12/31" morphing into "01/23" - the ''Kasler'' registration window with California DOJ for AR/AK "series" guns was administratively extended to 23 Jan 2001.

''Harrott v. Kings County''

In June 2001, the California Supreme Court handed down its decision in ''Harrott v. County of Kings'' (No. S055064, 25 P.3d 649 (Cal. 2001), contravening portions of the ''Kasler'' decision. This determined the following: a) Determination of "series" membership is difficult enough that, for due process clarity, owners and law enforcement should merely have to consult a list of specific makes and models (in California Code of Regulation) to know if their gun is a prohibited firearm. b) Trial courts cannot determine if a given firearm/receiver is of the AR or AK "series". Prohibited weapons in AR/AK "series" must be specifically identified by make and model, and the Department of Justice (DOJ) must

promulgate Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...

this list. c) DOJ has authority to 'identify' and promulgate new members of the AR & AK "series" itself, only. This authority is limited solely to AR and AK series firearms/receivers. d) DOJ cannot prohibit, on its own, other firearms outside the AR/AK series; ''Harrott'' only addresses "series" membership clarity. e) The original "add-on" procedure - where the DOJ (Attorney General) filed in certain superior courts (as originally specified in PC 12275.5) - was nullified by passage of AB2728 in 2006, becoming active 1 Jan 2007. After that date, the only way to ban specific non-AR/AK semiautomatic firearms as 'assault weapons' by make/model listing is via creation & passage of new legislation. o such new legislation has been created; the SB23 (as amended) features ban is the primary method of restricting 'assault weapons' in California. The DOJ/AG cannot alone assert "series" membership for any other weapons type because the term "series" was solely used in the Roberti-Roos statute for AR and AK firearms. f) DOJ determinations of AR/AK "series" membership are subject to challenge and verification.

''Miller v. Bonta''

On June 4, 2021, Senior Judge Roger Benitez of the United States District Court for the Southern District of California ruled that the Act was an unconstitutional restriction on Second Amendment rights. The ruling was stayed for 30 days pending appeal. On 29 Aug 2022, in a proceeding also held before Judge Roger T. Benitez, both parties have 45 days to file simultaneous additional briefs and 15 days thereafter to file responsive briefs in light of ''NYSRPA v. Bruen''. The Court will then decide whether to schedule any hearings or decide the case on the record.

Rifles

Fixed-magazine rifle

This style of rifle is made by combining an AR-15 upper receiver with an AR-15 lower receiver which has not been banned by specific name, and which has a fixed, non-detachable 10-round (maximum, anything above 10 is a felony) magazine. In such a configuration, otherwise prohibited features such as a telescoping stock, pistol grip, and flash hider may be present. While formerly prohibited under the now-expired federal assault weapon ban of 1994–2004, the presence of a bayonet lug is not prohibited by California state law and can be present on firearms without violation. However, the magazine cannot be detachable, so to load the rifle the shooter must "top load" or load into a special fixed magazine compliance device which has a special loading slot. To top-load, the shooter pulls the rear takedown pin, hinges the upper receiver on the front pivot pin, and loads the now exposed magazine. Until 2016, bullet button magazine lock devices were available which replaced the magazine release button. These "bullet button" devices had an inset pin requiring use of a special tool to release the magazine, thereby, disallowing a readily "detachable magazine", to be compliant with California state firearms law. With the advent of SB880 in 2016 (and a required registration window in 2017), guns using a "bullet button" as a compliance device transitioned into 'assault weapon' status. Future guns sold legally in CA would require a true fixed magazine, and not merely one that is "nondetachable." ''California Code of Regulations 5471'' (p) “Fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

Featureless rifle

If a rifle has none of the prohibited features (pistol grip, telescoping or folding stock, flash hider, grenade/flare launcher, forward pistol grip), there are several products available on the market to configure featureless rifles. The California DOJ Bureau of Firearms has attested under oath that the U-15 stock, the Hammerhead Grip and the MonsterMan Grip do not constitute a pistol grip and are therefore legal when used on a detachable magazine semiautomatic centerfire rifle with none of the other features listed in CA PC 30515(a)(1-11).Sworn testimony of Frank Navarro, California DOJ Bureau of Firearms Special Agent, in the case of ''People vs. Haack and Haack'', California County of Tulare Superior Court, November 3, 2010. The Thordsen Customs stock has similar attributes to the devices above, and the owner Alan Thordsen reports CA DOJ has allowed registered assault weapons to be 'de-registered' when re-configured with his product. The specific definitions for assault weapon features are listed in the California Code of Regulations 5471; other definitions are not applicable.

Off-list lower receivers

Most AR-15 and many AK manufacturers now make lower receivers which qualify as "Off-List" Lower (OLL) receivers which are legal to possess and use in the state of California. Before trying to acquire one, ensure that it's not marked with any make/model combination appearing on the Roberti-Roos list (30510 PC) or its regulatory echo in 11 CCR 5495, or in the "Kasler list", 11 CCR 5499.

References

External links

* : General Provisions : Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles : SKS Rifles : Assault Weapon or .50 BMG Rifle Constituting Nuisance : Registration of Assault Weapons and .50 BMG Rifles and Related Rules : Permits for Assault Weapons and .50 BMG Rifles : Licensed Gun Dealers : Miscellaneous Provisions {{DEFAULTSORT:Roberti-Roos Assault Weapons Control Act of 1989 1989 in California 1989 in American law California statutes United States firearms law