This is correct, to the best of my knowledge.
@mshunter @av8tr1 should read this carefully.
Saying "OMG OMG OMG HE BANNED ALL GUNS WITH DETACHABLE MAGAZINES!!!!11111" is simple hyperbole. Read below for how to hold intelligent dialog on the new legislation:
And to that, I can firmly say that I'm definitely not a fan of the new legislation, and would be strongly inclined to support efforts to reexamine or repeal, but it's not the freaking gunpocalypse any more than the previous California assault weapon stuff has been.
Also, while you guys weren't looking, they outlawed nunchucks.
Just sayin'.
-Fox
Sigh.....
@Acrofox I most certainly did read it and understand it. I never said it outlaws ALL guns. There are still some guns that the public can own. But at this point based on California law, you can not own ANY firearm with either a detachable magazine, or any pistol with a detachable magazine that can carry more than 10 rounds of ammo.
This severely limits California's citizens constitutional right to keep and bear arms. It is not legal under the 2nd amendment and I am positive it will be eventually tossed through the federal court system.
But since reading comprehension is an issue here let me walk you though this. I will give you credit that there isn't a clear single answer to what you are looking for. You have to know the law and how to read the law. Much like the FARs you have to go to a couple of different places for the correct answer.
The Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), its augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004 have led to many restrictions on semi-automatic firearms. In addition to a list of specific firearms that are banned by name, the following firearms are banned by characteristic (from Penal Code §12276.1):
(1) A
semiautomatic, centerfire rifle that has the
capacity to accept a detachable magazine and 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.
Previously this was by specific name of the gun. This was the original Roberti-Roos assault weapons list. With the new laws passed recently under California Assembly Bill No. 1135, this means
ANY center fire rifle with a detachable magazine is now outlawed in the state of California.
Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of several specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip.
This new bill would revise this definition of “assault weapon” to mean "ANY" semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean 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.
So if you have a rifle that has a fixed magazine and does not accept more than 10 rounds you are "possibly" legal. But now lets add in a few more laws.
Also under Penal Code §12276.1
(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 [762 mm].
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip.
(B) A second handgrip.
(C) A shroud 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 has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
In addition, (Penal Code §12001.5) bans, by definition, short-barreled shotguns and short-barreled rifles. Defined in Penal Code §12020; a short-barreled shotgun is defined as a firearm (designed, redesigned, or altered) to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches or an overall length of less than 26 inches. A short-barreled rifle is defined as a semiautomatic, center fire rifle with a barrel length of less than 16 inches or an overall length of less than 26 inches.
This means two of my regular carry guns the Judge and the Governor are outlawed as they are considered short barreled shotguns. I think the Judge was named specifically as not legal in the state of California.
(Not yelling here but Highlighted text to have the question stand out)
Now show me what would be considered a legal "Rifle" with a detachable magazine in the state of California. There isn't one that works for home defense. You're certainly not going to want to use a Remington 700 for obvious reasons. So what are you left with?