regulations - cloudfront.net

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~~TIGE RI~Bl,ICATION/R~~i~L~.~`iON~ S€~~f~i~SSf~~
TD.400(REV. C1-1073)
OAL FILE NOTICE FILE NUMBER
NUMBERS Z-
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REGULATORY ACTION NUMBEN
instructions on
For use by Secretary of State only
~ ' reverse)
E ERGENCY NUMBER
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For use by Once of Administrative Law (OAL)only
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NOTICE
REGULATIONS
AGENCY WITH RULEMAKING AUTHORITY
Department ofJustice
~. PUBLICATION OF NOTICE (Camplete for publocation in Notice Register)
. SUBJECT OF NOTICE
TITLES)
3ullet-Button Assault Weapons
11
~. NOTICE TYPE
4. AGENCY CONTACT PERSON
Notice re Proposed ❑
X Other
Re ulatory Action
DAL USE
~~ ~Y
Jacq ueline Dosch
~A~TION ON PROPOSED NOTlCF
' —'- ApprovecJ as
~~ Approve6 es
I~ Submitted
L_J >vlod~fied
FIRST SECTION AFFECTED
5469
Disapproved!
~ Withdrawr,
2. REQUESTED PUBLICATION DATE
ASAP
TELEPHONE NUMBER
FAX NUMBER (Optional)
(916)227-5419
~ NOT!CE REGfSTFR NUMBER
~
PUBLICATION DATE
B. SUBMISSION OF REGULATIONS(Complete when submitting regulations)
la. SUBJECT OF ftEGULATION(S)
1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)
Bullet-Button Assault Weapons
2. SPECIFY CALIFORNIA CODE DEREGULATIONS TITLES)AND SECTIONS)(Including title 26,if toxics related)
---
ADOPT
SECTIOl1!(5)AFFECTED
(List ail section numbers) Sections 5470,5471,5472,5474,5474.7,5474.2,5475,5476,5477, and 547$
AMEND
indevie9esa6fy. A4R~GIt
Sections
5469 and 5473
additional sheet if needed.)
TITLES)
REPEAL
11
3. TYPE OF PILING
Regular Rulemaking {Gov.
Code §11346)
❑ Resubmittal of disapproved or
withdrawn nonemergency
filing (Gov,Code §§11349.3,
11349.4)
Emergency(Gov. Code,
§71346.1.(b))
~ Certificate of Compliance:The agency officer named
pelow certifies that this agency complied with the
provisions of Gov.Code ~§17346.2-11347.3 either
before the emergency regulation was adopted or
within the time period required by statute.
~ Resubmittal of disapproved or withdrawn
emergency filing (Gov.Code, §11346.1)
❑Emergency Readopt(Gov.
Code, §11346.1(h))
~
Fiie &Print
❑Changes Without Regulatory
Effect (Gal. Code Regs., title
1,§100)
~
Print OnI
Y
~ Other (Specify)
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND(OR MATERIAL ADDED TO THE~RULEMAKING FILE {Cal. Code Regs. title t,§44 and Gov.Code §i 1347.1)
N/A
5. EFFECTIVE DATE OF CHANGES(Gov.lode,§~ 11343.4, 11346.1(d); Cal. Code Regs.,title i,§700)
Effective January 1, April 1, July 1, or
Effective on filing with
§100 Changes Without
Effective
October 1 {Gov. Code 41 i 343A(a))
~ Secretary of State
~ other(Specify) ,JdtlUary 1 ~ 2017.
~ Regulatory Effect
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO,OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY
Department of Finance (Form STD.399)(SAM §6660)
~ Fair Political Practices Commission
~ State Fire Marshal
Other (Specify)
7. CONTACT PERSON
TELEPHONE NUMBER
Jacqueline Dosch
(916) 227-5419
$•
FAX NUMBER (Optional)
1 certify that thea#tached copy of the regulations)is a true and correct copy
of the regulations)identified on this form,that the information specified an this form
is true and correct,and that 1 am the head of the agency taking this action,
or a designee ofthe head of the.agency,and am authorized to make this certification.
TYPED NAME-AND TITLE OF SIGNATORY
Nathan R. Barankin, Chief Deputy Attorney General
E-MAIL ADDRESS (Optional)
[email protected]
For use by Office of Administrative Law(DAL)only
California Code of Regulations
Title 11, Division 5
Chapter 39 Assault Weapons and Large-Capacity Magazines
Article. 2. ~o_~v~i4i~v~n ~'T'os.mn TTc~oia t~ Ta~v~4~~cr /~ c~c.n~~~t ~xTonv~~v~n Rp
Requirement, What Qualifies for Registration, and Definitions
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§ 5469.~~~~
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Registration of Assault Weapons Pursuant to Penal Code Section
34900fb~(1); Who Must Register.
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Any_persan who,from January 1, 2001. to December 31,2016,inclusive. lawfully bossessed an
assault weabon that does not have a fixed magazine as defined in Penal Code section 3QS1S
including~those weapons with an ammunition feeding device that can be readily removed fram
the firearm with the use of a tool(commonly referred to as a bullet=button weabonl must register
the firearm before January 1, 2018.
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Page 1 of 15
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, 5470. Registration of Assault Weapons Pursuant to Penal Code Section 309Q0(bZ(1 ;Which
Weapons Must be Registered.
~a~
Except as provided in section 5472, an assault weapon that does not have a fixed
magazine, as defined by Penal Code section 30515, must be registered with the
Department before January 1, 2018.
bbl
A semiautomatic, centerfire firearm (rifle, pistol, shot)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 3051 ~ is included in the category offirearms that must be re ist~ erect•
(cl
A semiautomatic, rimfire pistol 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, which has one or more specified features identified in Penal Code section 30515
is included in the category offirearms that must be re ist~ erect•
Note: Authority cited: Section 3Q900,Penal Code. Reference: Sections 30515, 30680, 30900 and
30950,Penal Code.
& 5471. Registration of Assault Weapons Pursuant to Penal-Code Section 30900(b)(1);
Explanation of Terms Related to Assault Weapon Desi nab tion•
For purposes of Penal Code section 30515 and this Chapter the following definitions shall apply:
(a)
"Ability to accept a detachable magazine" means with respect to a semiautomatic shot un;
it does not have a fixed ma azine.
(b)
"Action" means the working mechanism of a semiautomatic firearm, which is the
combination ofthe receiver or frame and breech bolt tether with the other parts ofthe
.mechanism by which a firearm is loaded, fired, and unloaded.
(c)
"Barrel" means the tube~usually metal and c~indrical, through which a projectile or shot
charge is fired. Barrels may have a rifled or smooth bore,
{d)
"Barrel len thg 'means the length ofthe barrel measured as follows: Without consideration
of env extensions or protrusions rearward ofthe closed bolt or breech-face the approved
procedure for measuring barrel length is to measure from the closed bolt(or breech-face)
to the furthermost end ofthe barrel or permanently attached muzzle device. Permanent
methods of attachment include full-fusion gas or electric steel- seam welding hi~htemperature(1100°F1 silver soldering, or blind pinning with the pin head welded over.
Barrels are measured by inserting a dowel rod into the barrel until the rod stops against
the closed bolt or breech-face. The rod is then marked at the furthermost end ofthe barrel
or t~ermanently attached muzzle device, withdrawn from the barrel, and measured:
Page 2 of Z5
~eZ
"Bullet" means the ~aro~ectile exbelled from a gun. It is not svnonvmous with a cartridge.
Bullets can be of manv materials, shapes, wei ht~s, and constructions such as solid lead,
lead with a jacket of harder metal, round-nosed, flat-nosed, hollow-bointed, et cetera.
~fl
`Bullet-button" means a product requiring a tool to remove an ammunition feedin d~ evice
or magazine by depressing a recessed button or lever shielded by a magazine lock. A
bullet-button equipped fully functional semiautomatic firearm does not meet the fixed
magazine definition under Penal Code section 30515(b~.
~~)
`Bore" means the interior of a firearm's barrel excluding; the chamber.
~h)
"Caliber" means the nominal diameter of a ~roiectile of a rifled firearm or the diameter
between lands in a rifled barrel. In the United States, caliber is usually expressed in
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 aininunition that consists of a primer, a case,
propellant powder and one ar more projectiles.
{il
"Centerfire" means a cartridge with its primer located in the center ofthe base ofthe 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 ma~;azine cannot be
released from the firearm while the upper receiver and lower receiver are joined to eg ther.
~l)
"Department" means the California Department of Justice.
includes any belted or linked ammunition but does not include clips, en bloc clips, or
stripper clips that load cartridges into the ma ag zine•
An AR-15 style firearm that has abullet-button style magazine release with a ma Lne~ t left
on the bullet-button constitutes a detachable magazine. An AR-15 style firearm lacking a
magazine catch assembly (magazine catch magazine catch siring and magazine release
buttonLconstitutes adetachable magazine. An AK-47 style firearm lacking a magazine
catch assembly {magazine catch s~rin~and rivetlpin} constitutes a detachable ma ag zine.
fin}
"Disassembly ofthe firearm action" means the fire control assembly is detached from the
action in such a way that the action has been interrupted and will nat fiznction. For
example disassembling the action on a two part receiver like that on an AR-15 style
firearm would require the rear take dawn pin to be removed the upper receiver lifted
upwards and away from the lower receiver using the front divot din as the fulcrum
before the magazine may be removed.
Page 3 of 15
~o)
"Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe
characteristics listed in California Penal Code section 30515.
~)
"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.
(q)
"Flare launcher" means a device used to launch signal flares.
~r~ "Flash suppressor" means.any device attached to the end ofthe banel, that is desi ned,
intended, or functions to perceptibly reduce or redirect muzzle flash from the shooter`s
field of vision. A hybrid device that has either advertised flash suppressingproperties or
functionally has flash su~ressin~properties would be deemed a flash suppressor. A
device labeled or identified by its manufacturer as a flash hider would be deemed a flash
su~~ressor.
(s)
"FMBUS" means a Firearm Manufactured BY Unlicensed Subject.
fit)
"Forward pistol grip" means a grip that allows far a pistol st~grasp forward ofthe
trier.
ul
"Frame" means the receiver of a pistol.
vl
"Grenade launcher" means a device capable oflaunching a grenade.
w1
"Permanently attached to" means the magazine is welded. epoxied. or riveted into the
magazine well. A firearm with a magazine housed in a sealed magazine well and then
welded, epoxied, or riveted into the sealed magazine will meet the definition of
"permanently attached to".
{x) "Overall length of less than 30 inches" with respect to a centerfire rifle means the rifle has
been measured in the shortest possible configuration that the weapon will function/fire
and the measurement is less than 30 inches. Folding and telescoping stocks shall be
collapsed prior to measurement. The approved method for measuring the len~;th ofthe
rifle is to measure the firearm from the end ofthe barrel, or permanentl, a~ached muzzle
device, if so ec~ui~ped to that part ofthe stock that is furthest from the end of.the barrel, or
permanently attached muzzle device.(Prior to taking ameasurement- the owner must.also
check any muzzle devices for how they are attached to the barrel.
"Pistol" means any device designed to be used as a weabon,from which a praiectile is
expelled by the force of andplosion, or other farm of combustion, and that has a barrel
less than 16 inches in length. This definition includes AR-15 style pistols with pistol buffer
tubes attached. Pistol buffer tubes tv~ically have smooth metal with no guide on the
bottom for rifle stocks to be attached, and they sometimes have a foam pad on the end of
the tube farthest from the receiver.
Page 4 of 15
(zZ
"Pistol ~~ip that protrudes cons icuously beneath the action ofthe weapon" means a grip
:that.allows for a pistol stye rasp in which the web of.the trier hand (between the thumb
and index finger can be placed beneath or below the top ofthe exposed portion ofthe
tri~~er while firing. This definition includes ip stol gips on bullpup firearm designs
~aa~ "Receiver" means the basic unit ofa firearm which houses the firing and breech
ebb) "Receiver,lower" means the lower part of a two mart receiver.
~cc) "Receiver, unfinished" means a precursor part to a firearm that is not vet le~allv a firearm
worked on and the magazine well.has been machined open. Firearms Manufactured bX
Unlicensed Subiects(FMBUSI began as unfinished receivers.
(dd) "Receiver, upper" means the tomportion of a two part receiver.
(ee) "Rifle" means a weapon designed or redesigned made or remade and intended to be fired
from the shoulder and designed or redesigned and made or remade to use the energ o~ fthe
explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each
sin lie dull of the trig er.
off)
"Rimfire" means a rimmed or flanged cartridge with the priming mixture located in
the rim ofthe case.
(gg) "Second hand~,ri~" means a grip that allows the shooter to grip the pistol with their nontri~ger hand. The second hand ~ri~ often has a grid texture to assist the shooter in weapon
control.
~hh) "Semiautomatic" means a firearm functionally able to fire a single cartridge eject the
empty case and reload the chamber each time the trigger is dulled and released Further
.certain necessary mechanical parts that will allow a firearm to function in a semiautomatic
nature must be present for a weapon to be deemed semiautomatic. A weapon clearlX
designed to be semiautomatic but lacking a firing pin bolt carrier gas tube or some other
crucial dart of the firearm is not semiautomatic for ~ur~oses of Pedal Code section 30515
30600 and 34605(a) and 3Q900.
(1} A mechanically whole semiautomatic firearm merely lackin~,_aininunition and a
proffer magazine is a semiautomatic firearm.
(2) A mechanically whole semiautomatic firearm disabled b~~un lock or other firearm
safety device is a semiautomatic firearm (All necessaryparts are present once the
dun lock or firearm safety device is removed and weapon can be loaded with a
Page 5 of 15
magazine and prober ammunition.)
(3) With regards to an AR-15 style firearm if a complete upper receiver and a complete
lower receiver are completely detached from one another, but still in the possession or
.under the custody or control ofthe same person the firearm is not a semiautomatic
firearm.
~4 A stri~~ed AR-15 lower receiver when sold at a California gun store is not
a semiautomatic firearm.(The action type among other think is undetermined ~
(ii
"Shogun with a revolving cylinder" means a shogun that holds its a~ilmunition in a
cylinder that acts as a chamber much like a revolver. To meet this definition the shogun's
cylinder must mechanically revolve or rotate each time the weapon is fired. A cylinder
that must be manually rotated by the shooter does not qualify as a revolvin~cvlinder.
(jj) "Shroud" means a heat shield that is attached to, or partially or completely encircles the
barrel, aliowin~ the shooter to fire the weapon and hold the barrel component without
burning the shooter's hand. A slide that encloses the barrel is not a shroud.
(kk) "S~igot" means a muzzle device on some firearms that are intended to fire grenades The
s~i~ot is what the grenade is attached to prior to the launching of agrenade.
(11)
"Stock" means the part of a rifle, carbine, or shotgun to which the receiver is attached and
which provides a means for holding the weapon to the shoulder. A stock maybe fixed
folding, or telescoping,
(mm~ "Stock fixed" means a stock that does not move fold or telescope
inn) "Stock, folding' means a stock which is hinged in some fashion to the receiver to allow
the_stock to be folded next to the receiver to reduce the overall len t~h ofthe firearm. This
definition includes under folding and over foldin stocks.
boo) "Stock,telesco~in~" means a stock which is shortened or len hened by allowing one
section to teiesco~e into another portion. On AR-15 style firearms the buffer tube ar
receiver extension acts as the fixed part ofthe stock on which the telescoping butt stock
slides or telescopes.
{pp~ "Those weapons with an ammunition feeding device that can be readily removed from the
firearm with the use of a tool" means functional semiautomatic rifles pistols and shotguns
with bullet-button style magazine releases and one or more features as defined in Penal
Code section 30515 and. these regulations. These weapons do not have a fixed magazine
(qql "Thumbhole stock" means a stock with a hole that allows the thumb ofthe trigger hand to
penetrate into or through the stock while firing
(rr)
"Threaded barrel capable of accepting a flash su~pbressor forward hand~rip or silencer"
Page 6 of 15
means a threaded barrel able to accept a flash suppressor forward handgrip or silencer
.and includes a threaded barrel with any one ofthose features already mounted on it Some
firearms have "lugs" in lieu ofthreads on the end ofthe barrel These lugs are- used to
attach some versions of silencers. For bur~oses ofthis definition a lugged barrel is the
same as a threaded barrel.
Note: Authority cited: Section 3Q900, Penal Code. Reference• Sections 16200L16350 16460
Article 3. Assault Weapon Registration
5472. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1)• Weapons
That Will Not be Registered as Assault Wea~ans
(a)
The Department will nat register as an assault weapon a firearm that has been sold after
January 1, 2017.
fib)
The Department will not register a firearm that was rectuired to be registered under prior
assault weapon registration laws in effect before January 1 2017 These wea~ans include
firearms known as "named assault weapons" and are listed in Penal Code section 30510
and sections 5495 and 5499 of Chapter 40
(cl
The Department will not register a firearm as an assault weapon if the firearm is "
featureless.
{d)
The Department will not register a firearm as an assault weapon if the firearm has a fixed
magazine that holds ten rounds or less.
~e~
The Department will not register a firearm as an assault weapon unless the firearm is fully
assembled and fully functional.
The Department will not.register as an assault weapon a firearm manufactured by a
Federally-licensed manufacturer if the firearm does not have a serial number applied
pursuant to federal law.
~l
The Department will not register as an assault weapon a firearm manufactured bean
unlicensed subject if the firearm does not have a serial number assi n~ ed by the
Detaartment and applied by the owner or agent pursuant to section 5474 2
Page 7 of 15
Note: Authority cited: Sections 30900,Penal Code. Reference: Sections 34515, 30680, 30900
and 30950 Penal Code.
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§ 5473. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b~(l~; California
Firearms Application Reportin~5 stem "CFARS"l; Account Requirements.
(a
Assault Weapon registrations must be filed electronicall~g the Department's
California Firearms Application Reportin~Svstem (CFARS), at the follawin~website:
https:Ucfars.doj.ca. og vlla ig n•do.
(b)
A CFARS account must be created to use the electronic registration system. To create a
CFARS account, assault weapon registrants will be required to agree to the following
conditions of use:
1) Non-Liability: The Department is not responsible far and will have no liability for an
hardware, software information, or other items or any services provided bey
:persons other than the Department. In no event shall either party be liable to the other
or any third ~artv, under andtheory of liability, including, but not limited to, any
contract or tort claim for any.cause whatsoever,for any indirect, incidental, special, or
consequential damages, including loss ofrevenue or profits, even if aware of the
Page 8 of 15
possibility thereof.
(21 Authorization: I am authorized to use CFARS for the purpose of reporting firearm
information to the Department in order to com~ly with California firearm laws and
regulations. IfI become aware of an unauthorized user obtaining access to my
CFARS account, I will notify the Customer Support Center immediately at(916 227_
7527, or via email at: firearms.bureau(cr~doj.ca.~ov.
(3~ Fees: Notwithstanding such notification, the Department shall not be liable for
transaction charges fraudulently incurred. It will be the cardholder's responsibilit~o
pay an~ges. The Department will not provide refunds after the submission of a
transaction.
~4~ True and Accurate Information: All ofthe information I submit to the Department
through CFARS sha11 be truer accurate, and complete to the best of my knowledge.
{cl
The following information must be provided b~e~istrants in order to create a CFARS
account:
(11 Full Name
(2) Email Address
(3} Three Security Questions and Answers
(4) Password
Note: Authority cited: Section ~8~-~8 30900,Penal Code. Reference: Sections 30515, 306$0
~zn~~n ~nn~ ~n~~n ~n~~c and 3495.0, ~9~93-5;
~nnnc main ~na~~ ~no~n ~no~c~~~~~~~-,~~-,~
30900,~~~~~-~~,
Penal Code.
§ 5474 Registration of Assault Weapons Pursuant to Penal Code Section 30900(bZ(1~Applicant
and Firearms information.
Once a CFARS account has been created registrants must provide the following information:
{a)
The registrant's full name address telephone number date of birth sex hei h~ t weight
eve color hair color military identification number (if applicable) California Driver
License number or California Identification Card number U.S. citizenship status, dace of
birth country of citizenshit~ and alien registration number or I-94 if a~~licable.
Page 9 of 15
b)
(c)
A describtion ofthe firearm that identifies it uniquely, including but not limited to:
firearm type, make, model caliber firearm color barrel length serial number all
identification marks,firearm country of or ~inhnanufacturer the date tie firearm was
acquired,the name and address ofthe individual from whom or business from which the
firearm was acquired.
Clear digital photos offirearms listed on the application One~hoto shall depict the bulletl~utton style magazine release installed on the firearm One photo shall depict the firearm
from the end ofthe barrel to the end ofthe stock if it is a long~gun or the point fiirthest
from the end ofthe barrel if it is a pistol. The other two photos shall show the left side of
the receiverlframe and right side ofthe receiver/frame These locations are typically
..firearms are marked when manufacturin ig s complete At the discretion ofthe Department
the last two photos shall be substituted for photos of identification markings at some other
:locations on the firearm.
and 30950 Penal Code
~ 5474.1. Registration of Assault VVea~ons Pursuant to Penal Code Section 30900(bl(1,~~ Joint
Registration of Assault Weapons
{a)
If a firearm will be 'ointl~re.~istered one family member must be identified as the ,primary
registrant and the name and relationship of each joint registrant must be provided
~b~
All ioint registrants must be 18 ~ors of a e~bv December 31 2017 Joint registrations are
only authorized for the following family relationship
1
Spouse
~2) Parent to Child
{3} Child to Parent
~4) Grandparent to Grandchild
~5) Grandchild to Grandparent
~6) Domestic Partner
(7
{c}
Siblings
Proof of address for each joint registrant shall be brovided at the time of electronic
Page 10 of 15
submission. Acceptable forms of proof of address are as follows:
(l) Carry Concealed Weapon(CCW Permit
X21 Curio an~i Relic(C & R1 Federal firearm license with name:and address
~3
Utility Bill: Cable, electricity garbage, gas,~ elp ine" propane, alarm/securit~or
water bill with :purchaser's name on it and dated within .three months of a~lication
for re ist~ ration.
4) Military permanent duty station orders indicating assignment within California:
active duty military spouse ID is not acce~table~
(5) Property Deed: Valid deed or trust for the individual's property or a certificate of title
~6~ Resident Hunting License
(7) Signed.and dated rental agreement/contract or residential lease
~8) Trailer certification of title
(9) DMV Vehicle Registration
X10) Certificate of Eligibility, as defined in section 4031, subdivision (g; o) f Chapter 3.
~nr,,,o• n,,-~,,.,.;,-t,,.;~o,~. co,.+;,,,., ~n~nn va.,.,a r,,,ao vow,.o~,.o. co,.+;,,H~ ~nci c ~ntiQn ~nonn
3U~SU and 30y55 Yenal Code
5474.2. Registration of Assault Weapons Pursuant to Penal Code Section 3p9p0{b~(11; Firearm
Manufactured B~Unlicensed Subject(FMBUS~
A person seeking assault weapon registration for this tyke offirearm shall seek a Department
issued serial number at: dojserialnumber(c~doj.ca.gov prior to initiating the assault weapon
registration process.
(a)
Firearms lackin~~overnment-issued serial numbers that have been engraved or otherwise
applied to the firearm pursuant to federal law at the time of application, shall not be
registered b~De~artment until such time as a Department provided serial number has
been applied as follows:
(11 .The Department shall issue a unique serial number to the applicant. The serial
number issuance is a separate process and must be done before the assault weapon
Page 11 of 15
,application will be accepted by the Department Applicants seeking a FMBUS
related serial number shall complete a New Serial Number application Form BOF
1008,(Rev 12/201 hereby incorporated by reference and submit it to the
Department prior to the initiation ofthe registration of this type offirearm.
~2) Once the a~~licant has received a DOJ issued serial number the a~licant may
contact a Federal Firearms Licensed Manufacturer(ty~)to have the serial
number applied in a manner consistent with this section and federal law However a
Federal Firearms Licensee is under no obligation to perform this work. Persons who
have manufactured their own firearm may also use non-licensed parties to ap~ly the
serial number and other required markings; however, the owner of the weapon must
.not leave the firearm unattended with an unlicensed part immolation offirearms
transfer and/or lending laws. Proof ofthe serial number being applied to the firearm
shall be given to the Department in the form of one or more di i~ta1 ~hato~ra~hs ofthe
newly serialized firearm being submitted in accordance with the ~ahoto requirement
noted in section 5474 fc).
(3) An unlicensed manufacturer offirearms must legibly and unic~uely identi , each
firearm manufactured as follows:
(A~ By en r~ avin ,casting; stam~in~(impressing) or otherwise conspicuously
removed, and must not duplicate any serial number placed by the unlicensed
manufacturer on anv other firearm. The en rg avin~, casting, or stamping
~im~ressin~,) ofthe serial number must be to a minimum depth of.003 inch
and in a print size no smaller than 111 b inch; and
~B~y en r~ avin~; casting stam~in~~impressin~ or otherwise conspicuously
placing or causing;to be engraved, cast, stamp
impressed) or placed on the
frame receiver or barrel thereof certain additional information. This
information must be placed in a manner not susceptible of bein r~ eadily
obliterated altered or removed The additional information must include•
(i) The model ofthe firearm, if such designation has been made;
ii) The caliber or gauge of the firearm;
iiil The manufacturer's first and last name as provided to the Department for
registration bur~oses, when applicable;
Page 12 of 15
Div The city and state (or reca~nized abbreviation thereofl where the
manufacturer made the firearm and
~v) Measurement of height and depth of markings. The depth of all
markings rewired by this section will be measured from the flat
surface ofthe metal and not the peaks or ridges. The height of serial
numbers required by para~raph~a)~3)(A} ofthis section will be measured
as the distance between the latitudinal ends ofthe character impression
bottoms(bases
~4) The department- shall dery assault weapon registration applications if it determines
the above described marking requirements have not been met.
Note: Authority cited: Section 30900,Penal Code. Reference: Sections 23900,23910,23915,
23920 3Q105 30515 30680 and 30900 Penal Code.
5475. Registration of Assault Weapons Pursuant to Penal Code Section 30900(bZ1); Fees.
(a)
The fee to register an assault weapon is $15.00 per erp son,der transaction. There is no
limit to the number of assault weapons.a person can register in a single transaction.
(bl
The fee must be paid by debit or credit card at the time the registration is submitted to the
Department for processing. If the fee is not paid, the registration will not be ~racessed.
(c)
A $5 fee is required to obtain a copy ofthe on i~ nal registration disposition letter.
Note: Authority cited: Section 30520. 30900 and 31660. Penal Code. Reference: Sections 30904,
30905 and 31660 Penal Code,
5476. Registration of Assault Weaaons Pursuant to Penal Code Section 30900(b)(1);
Processing of A~,plications
~a~A~plications for assault weapon registration must be received between January 1, 2417,
and December 31 2017 and will be processed in the order in.which then are received.
(b~
Once the re i~ stration has been submitted electronically and fees have been laid, the
Department will inform the applicant, via email, that the application: has been received
and accebted for nrocessin~; is being returned as incomplete and specify what information
is required; or has been rejected.
Page 13 of 15
{c~
If the Department deems an application incomplete and notifies the applicant via email of
the incomplete determination, the applicant shall provide the requested information or
documentation within 30 days. If the Department does nat receive the-additional
information or documentation within 30 days, the a~lication will be rejected and the
application fee will not be refunded. The applicant may complete a new a~~lication before
December 31, 201?, subject to a new application fee.
~dl
Once the Department determines that all necessary information has been received and the
`firearm qualifies for registration, the firearms eligibilitycheck shall commence. The
Department will inform the applicant ofthe results ofthe check.
fie)
Ifthe firearms eli ig;'bility check is successful, the registrant shall receive an assault weapon
registration disposition letter via U.S. mail.
Note: Authority cited: Section 30900, Penal Code. Reference: Sections 30515, 30680, 30900,
and 3Q950 Penal Code
5477. Registration of Assault Weapons Pursuant to Penal Code Section 30900(bl(11; PostRegistration Modification of Re isg tered Assault Weapons,Prohibition.
(a1
The release mechanism for an aulrnunition feedingdevice on an assault weapon re is~tered
pursuant to Penal Code section 30900, subdivision fbZ(1) shall not be changed after the
assault weapon is re istg ered•
(b
The prohibition in subdivision (a~does not extend to the repair or like-kind replacement of
the mechanism.
~c
This prohibition in subdivision.(al does not extend to a firearm that is undergoing the
deregistration process pursuant to section 5478. Written confirmation from the
Department that acknowledges the owner's intent to dere~ister his or her assault weapon
pursuant to section 5478 shall be goofthe deregistration process has been initiated.
Note: Authority cited: Section 30900 Penal Code. Reference: Sections 30515, 30680, 30900,
and 30950 Penal Code
5478. Registration of Assault Weapons Pursuant to Penal Code Section 30900fb1(11; Voluntar
Dere~istration.
(al
The DOJ will accept voluntary ^n~~~"~~~~„~ deregistration requests for assault weapons
:that are no longer possessed b the registrant. Deregistration requests will also be
accepted for assault weapons defined and re istered pursuant to Penal Code section
30515,that have been modified or reconfigured to no Longer meet the assault
Page 14 of 15
weapon definition. ~'~„~~"~*~~r Deregistration requests must be in writing, signed, dated,
and provide the following information:
unknown,the request must be notarized.
~2) Tf the firearm has been modified or reconfi u~ red to no longer meet the definition of
assault weapon, one or more photographs claarly depicting the firearm in its current
configuration shall be attached to the written dere~istration request. Additional
.information, photographs, or inspection ma~ec~uested by the Department before
determining eli i~ b lity for dere~istrat on.
~3) If the registrant is no lon eg~r in possession ofthe firearm, proof of sale or transfer of
the firearm shall be attached to the written dere~istration request. Acceptable proof
the seizure andlor destruction ofthe firearm(s).
fb~~on determining eligibility:tor deregistratiQn, the Department will delete the assault
weapon registration for the specified firearm(5), and, if the weapon is still in the possession
ofthe registrant, will convert the information to a Fireai~n Owilerslup Record.
(c)
If the registrant has sold the weapon to a party outside ofthe State of California or
:otherwise lawFully disposed ofthe weapon, or if the weapon was seized bv~law
enforcement, the Department will create a"No Longer In Possession".entry in the
Automated Firearms S. s
(d)
U an completion ofthe assault weapon dere~istration, the Department will mail
confirmation of deregistration and updated firearm ownership information to the re ism tram
at the address provided on the request.
Note: Authority cited: Section 30900. Penal.Code. Reference: Sections 2$000, 30515, 30680,
30900 and 30950 Penal Code
Fage Z5 of 15
i3EPAI2TN9ENT'OF .tUSTICE
PAGE 7 of 3
BOF~ODB(R~12t2t16)
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C~L~F~F~tA DEPAR.T~l1Ei~T ~F.~t~ST~~E
BUREAU t3F ~iR~AR1~tt~
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er ~~ria~ t~umb~~- Appic~ir~r~
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~pPiicant In#orn'~atian
Las# Name: ~
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First Name:
Middle dame:
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Physir~i Residence Address.
pity:
Late:
dip ~od~:
Mailing Address.{if different):
City.
Sta#e:
Zip Code:
Date taf Birth {mmltic#~yYYY):
Place ~~ Birth (state or country):
Sex:
P#~ta~e h~~a. {inct~cte area rode):
U.S.
~^ yes If no,eater A1ier~ Registra~ian T+IQ. or ~-94 ~o.:
Country ~f Citiz s~tip_
Gifizer►?
~"'° 3~Io
Enteryour Ga~t~ornia driverlicense (CC►L),
ID Type {check nne):
1D Number;
Nandgur~ ~a#ety
~aiifarnia!D ~GID,i, orA~litifary l£} MIL)number.
Certificate
(HSC)~r
in the ID numberbnx fc~ the rigf~t tfusing
Fii~arm Safety ~ettifi~a#e
military identification yot~ mustsend a copy of {GDL~ ~IL3 ~ ~lIIL ~
your permanent duty stafion orders stating you
{FS~~ i~io.:
are stationed in t=ali~Carnia.
FiI'4'r~~Yt I~lfO(fT18~IC9tl - U~ to three Finarms cart tie lister+ on this application. For additional
firearms, an additiaaal appiicatinn may be attached.
Date of Manufacture: Make:(Pursuan# i~ ~~74.~, the Ntake ~ Model.
Shad Be ~'o~r first an t Last Name}
Ty~se:
Ga{iber. Go~or:
From i~lhorr~ Acquired cif appti~abl~):
~ersonatfBusiness Address:
City:
City, Sta#e, and country of Where the
firearm was Manufactured.
~#dditional ~dentift~a#ion Marlc(s):
Mater~~l(s):
Barrel Length;.
~tat~; Zip Code:.
---r-------,-- ----r------ r--_ --.—
Date of Manufiacture~ !Make:(Pursuan# to 5~7a2. the Make ' ModeL
~ Type:
~ Calber: !color. ~ Barrel Leng#h:~
{ 5ha11 Be Your first an~i Last Name)
~
I
{
~Fram Whom Acquired (i# applTcable~:
- -r----~~
Pers~nallBusiness Address:
~
~ pity_
~
~------{-----------_.—__~-City; State, and country of Where the
;Additional Identification Mark(sj:
Firearm was Manufactured:
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-~-r~ Stat~~Zip Code:
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.SFAS OF CALIFORNIA
~tiOF 7 WA fRev_ ~2f201$}
~ALI~~C~11A ~PARTd~E~`T C3~ JL~T~E
BUREAU ~F ~tREAF~F~t~
F~
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DEPARTMEM OF JUS'i10E
PAGE 2of3
~~~~~
ale
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4~
Trial Number ~p~Ii+~~fi~o~
ri
I
I~nt7~'~35a~arl..Cira~rm 1r.fnrws~3i,Ar.l
Date of tvfanufactt~re. Ntaks:{Pursuant ~0 547~4.~, ate ~Iak~
Steal! Be ~'crur first ar~d Las# ~lam~j
i+/lodel~
Type:
~afi~er: ~~lor:
Frain Whom ~~gc~i~ect ~~f ~apfica~l~~_
Pers~naUBusiness Adc[ress=
~Ey:
City, State, and Coun~r cif L~here the
Frearm ryas Nlanu€actur~i_
Addifi4nal Identification Markts):
Nlat~ri~~~sj.
Additional lnfarmaf►on
Barrel:Length..
State: Zip Code;
~
~~-
~-- ;
(Jnce your Serial Numher.appti~aft~tt f~as teen ~r~cAssed„ the Departmentv~rill provide your new ~epartmenl Serial Number
uia US mail
Upon receipt of your se~ia~ n~mEaer,tau may t~ntact a federal Firearms Licensed Mar~~afacturer (#ype l~'~)#o have your
Depar#ment issued serial ~tumEaer applies! in a ~r►~nn~r insistent vrith the requirement outl~n~d in the Cafift~m~a Cede ofi
.Regulations, title 1'~, ~~c~ic~n 7~_2. However,~ ~~tlera) Firearms Licensee is under no obligation to perform this wor~C. A
person who has mart ctt~r~ed ~~ir owra firearm array also use non licensed parties to apply the serial number and atf~er
required markings, however,thte ~v~ter Via# #ate weapt~n mast not heave the firearr~-~ una#tended wi#h an unlicensed patty
because of firearm ins#er ar~cflc~r let~~int~ haws. Fran ~ssa[alt weapon registrations pursuant zo Penal Code section 3D900(b~,
proof of the serial nt~t~tt~er being applied'kt~ the ftrearrr steal{ be given to the Depa~trner~t in tt~~ form ~f one ~~- mare digital
photcagraphs of the newly se~aiiz~d fireat~rt. P~~tos steal[ be submitted in accordance with the req~irer~ents cru#l~r~~d in the
Caltf~mia Cade oaf ~egut~tions,title "[ ~,section ~47~1.2. Please mail this app(icatiar~ t+~~
~a~ifc~rnia Department of Justice
Bureau of Firearms
Firearms Records, Licensing, and Perr3t~it Sec#i+~n
P.O. Box 1fi0367
Sacramento, CA 9 $16-0367
Eleciarat~c~n
~
—
~
---—
.declare under penalty of~etjury ~rnderthe laws of~e State of ~Califomia that the fQr~gair~~ is #rr~e and cQrr~ct.
rgr~af~are
arte
t3~ciat l}se t3~1v
Date Received:
Aufh. Lfr. Attached
Initials:
lnifiais;
date Fro~es~ed:
aeraal I~Q:
Initials:
~30F7700fl{R~7Zl2t16}
~1~~~~
CA~IFC3R[~1A DEPA6~TiV{El~l~' ~QF ~t,~~'1C~
3JREAU OF FtREA4fiS
OEPAR7MEf~7i OFJUSTIGE
PAGE3of3
'~h<«-~
~~r ~eri~~ Number PPl~~at~~~t
~;,
As E~ec~~ir~d tay ~iv~! Gc~c~ ~ ~ ~9s.'~~
~allection and ~s~e c~fi ~~rs~n~1 tnfor~atian: ~'t~e Division ~+f ~~v~ E f~rc~ e t, ~3urea~ cif Firearms ire
the Department of Justice co1[ects the infarmatian ort t~tis appt~ca~i~n p~r~~ant t~ ~'~na1 Cade s~~~ cans
239 0 and 3fl9C~t~{b}~1 ~ ar~d G~lifomia Code ofi Regulations, ti#le ~1 ~, s~cti~n ~~~4~~. ~"he Bureau of
Firearms uses this nfc~rmati~n to .process and assign serial nur~ber~s~ t~ rearrr~{s~ ~~ar an ap~lica~at_ #rr
addition, any ~rs~na( infc~rrnati~n cot{~cte~3 by ~tat~ ~gecies ~ sub~~~t ~~ the ~imifiat~os in the.
Information Practices ~c~ ar~d ~tat~ policy. ~'he Depat nen~ of Justice's ~~r~eral pri~ac~ ~ac~~icy is
available ~t ~ttp:~`lo~~.ca.gc~vlprivacy-policy.
Providing Pers~~~1 in€o~afic~n: A[I et~onal ~raf~rr~tatic~n ors his ~p ~i~ati~~ is ~~adat~ry. Failure t~
provide tl~e r~ar~~atory pees4na~ inf~rrna~c~r~ witl ~-esu~t in y~wur ~ppl~~ati~ ~~t bey ~ pr~ac~s~~d.
cuss #o Y~u~- I~f~r~aatic~n: Yoe may review the r~cc~rds ~~ir~ta~r~~~i by tie ~ivisic~ ~f ~a~
Enfiorcem~n~, ~ reap of ~~rearms in the D~partr~ent ~f,Justice. ~t cc►r~~~i~ ~~+ur ~ersor~a~ i~f~rmation, s
permitted by tie In~or~na~ic~n Prac#ices Act_ fee belo~nr fc~r nt~ct ink nab on.
Passible Discl~asu~e cif '~r~~nat Ir~f~rmati~n ~n~~ar~er t~ pr~~+e~s aid assign se~a3 ra~rr~ er{sj to
firearm s)for:~~ ~pplic~r~t, we rr~ay reed tc~ sfi~are the ir~form~~on y~~ pr+~vide ~s i~ any B~ar~~tt crfi
Firearms repres~nta ire ter any other per~c~n designated by the.~,i~t~rn~e~ general ~o~ r~que~t. Thy
information yon pr~~id~: r ay also ~e ~iiscic~s~~~ try #h~ follcawi~g cir~u~~t~nces:
■ Wrth ~th~r per~~r~~ or ~g~r~~~s whey rtec~~sary tt~ ~~r~~~n their ~ ~~ duties, any! their use ~f
~~c~ur ~r~f~rr~~►ati~at~ is ~ompatibl~ any! cc~mpl ~s with Mate law, s oh ~s for i~ves~ ga~4ns,
1ic~r~~ir~g, ~ert[ic~tit~~, ~r regulatory ~urpc~ses;
g Tc~ ~n~th~r c~o~e~nment agency as required by s~a~~ ~r ~~e~i~ra! ~av~.
~r~n ct Ir~for~a~i~n: ~~ar qu~stic~ns about this r~c~ti~e ~r access ~fl your ~~~~rds, you may contact ~#~e
Staff 5erviees Ar~atyst in the ~ustc~m~er Supper# tenter at{916)~2~-~~2~,vii ~rn~ l at
rearms_bureau do'.~a. ov, gar try mail ~t P,~. Bc~x '~~~}3fi7 ~acr~mer~#c~, ~ ~58~3~-~1~~~.