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DOJ Submission of Regulation .pdf


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STATEOFCAUPORNIA—OFPICEOFADMINISTRAT '=.l,. ~

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N~JT'i~~ PUBLICATION/f~~~~L~~'IO~~-~~E~IV9$~-51C3f~ ~'~ ~
STD.400(REV. 07-20131
NOTICE FILE NUMBER
OAL FILE

NUMBERS 7.

REGULATORY ACTION NUMBER

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tee

For use by Secretary of State only

instructions on
reverse)

EMERGENCY NUMBER

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For use by Office of Administrative Law (OAS)only

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REGULATIONS

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NOTICE

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AGENCY FILE NUMBER (if any)

AGENCY WITH RULEMAKING AUTHORITY

(DOJ-17-005

Department of Justice
A. PUBLICATION OF NOTICE {Complete for publitation in Notice Register)
--1. SUBJECT OF NOTICE

2. REQUESTED PUBLICATION DATE

FIRST SECTION AFFECTED

TITLES)

4. AGENCY CONTACT PERSON
3. NOTICE TYPE
Notice re'Proposed
Other

Re ulator Acton
ACTION ON PROPOSED NOTICE
OAL I.JSE
~~'1 ApP~
~'—}r r~pprnved as
`~ -5
r ', D1sa Purovea'
Ot~lL
~~ wtharawn
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t
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~ Modlfieo
Subrr

I- FAX NUMBER (Optional)

TELEPHONE NUMBER

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Pt1BUCf1itQN DATE

NOTICE RFGISI FR NUMEIEk

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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
5470,5471,5472,5474,5474.1,5474.2, 5475,5476,5477,and 5478
Sections
(List all section numbers)
AME"°
individually. Attach
additional sheet i~ e~eeded.) Sections 5469 and 5473
REPEAL

TITLES)

11
3. 7YPEOPFILING
Regular Rulemaking (Gov.
Code §71346}
of disapproved
O Resubmittai
withdrawn nonemergency

or

Oiling (Gov.Code §§71349,3,
11349.4)

~ Certificate of Compliance:The agency officer named
below certifies that this agency complied with the
provisions of Gov.Code §§7 7346.2-113473 either
before the emergency regulation was adopted or
within the time period required by staTute.
~ Resubmittal of disapproved or withdrawn
emergency filing (Gov. Code, §71346.1)

Emergency iGov. Code,
§11346.1{b))

❑Emergency Readopt {Gov.
Code, §11346.1(h})

❑Changes Without Regulatory
Effect teal. Code Regs.,title
1,§100)

~ File &Print

~ Print Only

❑Other i5pecify)

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGt1LA710N5.AND/ORMATERIAL ADDEDTOTHE RULEMAKING FILE (Gal, Code

Regs.title 7, 444 and Gov. Code 577347.1)

N/A
5. EFFECTIVE DATE OF CHANGES(Gov. Code,§4 1.7343.4, 7 7346.1(d); CaI.Code Regs., title 1, §100)
~ Effective y
❑ §100 Changes Without
Effective January 1, April 1, July 1, or
~ Effective on filing with
other(Specif )
Regulatory Effect
October 1 (Gov. Code §11343A(a))
Secretary of State
CONCURRENCE BY, ANOTHER AGENCY OR E
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR
~ State Fire Marshal
~ Fair Political Practices Commission
Department of Finance(Form STD.399)(SAM §6660)



Other (Specify)
FAX

7. CONTACT PERSON

$•

SIGNA

I certify that theattached copy ofthe regulation{s)is a true and correct copy
of the regulations)identified on thisfarm,that the information specified on thisform
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.
/
G~ENCY HEAD OR DEfSIGNEE
RE OF~A

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Sean McCluskie, Chief Deputy Attorney General

DATE
~1.

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".

AIL ADDRESS (Optlo~a~)

ulations@doj.ca

16)227-5417

Jacqueline Dosch

~ _~_ ~

/

For use by Office of Administrative Law (UAL)only

California Code of Regulations
Title 11, Division 5
Chapter 39 Assault Weapons and Large-Capacity Magazines
Article Z. r,o~;Yf14'1AN[~ ~~To,.,~,~ TTn~,a +~ T,ao~+;~, n ~r,,,,~,- t~zo.,~,.r~ Registration
Requirement, What Qualifies for Registration, and Definitions
LL

VV 1~,FVlil~tl

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1

s Registration of Assault Weapons Pursuant to Penal Code Section
§ 5469. ~~~~
30900 b~(1)• Who Must Re ig ster.

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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 ~
1t

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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
ist~ erect•
We~ons Must be Re L

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 offirearms 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~offirearms 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 ofthis 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 ofthe 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 ofthe barrel measuxed as follows: Without consideration
Page 2 of 15

as or electric steel-seal
of a
pinning with the pin head welded over.
blind
or
temperature ('1100°F) silver soldering,,_
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 toolto 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 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 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 ofthe 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 ofthe 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.

(r)

"Flash suppressor" means anv device attached to the'end ofthe barrel, that is designed,
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 su~pressin~properties or
functionally has flash suppressingproperties would be deemed a flash suppressor. A
device labeled or identified by its manufacturer as a flash hider would be deemed a flash
suppressor.

~)

"FMBUS" means a Firearm Manufactured By Unlicensed Subject.

fit)

"Forward pistol drip" means a ri that allows for a pistol style grasp forward ofthe
tiger.

~u)

"Frame" means the receiver of a ip stol•

(vim "Grenade launcher" means a device capable oflaunching a renade.
(w) "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 well meets the definition of
`<permanentl~attached to".
fix)

"Overall len~,th of less than 30 inches" with resbect to a centerfire rifle means the rifle has
been measured in the shortestpossible confi oration 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 length ofthe
rifle is to measure the firearm from the end ofthe barrel., or ~ermanently attached muzzle
device if so equipped to that~aart ofthe stock that is firthest from the end of the barrel, or
Page 4 of 15

~ --

permanently attached muzzle device (Prior to taking a measurement the owner must also
check anv muzzle devices for'how then are attached to the barrel.}
(y}

"Pistol" means anv device designed to be used as a weapon from which a projectile is
expelled by the force of anv explosion or other form of combustion, and that leas a barn
less than 16 inches in length This definition includes AR-15 style pistols with pistol butte:
tubes attached Pistol buffer tubes typically have smooth metal with no wide 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.

~z~

"Pistol grip that protrudes conspicuously beneath the action ofthe weapon" means a grip
____.

and index finer)can be placed beneath or below the top;of the exposed portion oft]
~rig~er while firing This definition includes pistol fps on bullpup firearm designs.
~aa) "Receiver" means the basic unit of a firearm which houses the firing and breech
mechanisms and to which the barrel and stock are assembled.
ebb) "Receiver lower" means the lower part of a two part receiver.

Unlicensed Subjects(FMBUS} began as unfinished receivers.
~ddZ "Receiver upper" means the toyportion of a two part receiver.
ee

(ffl

"Rifle" means a wea on desi ned or redesi ned made ar remade and intended to be fired
from the shoulder and designed or redesigned and made or remade to use the enemy ofthe
explosive in a fixed cartridge to fire only a single~projectile throu~h~a rifled bore for each
single pull ofthe trigger.
"Rimfire" means a rimmed or flamed cartridge with the priming mixture located in
the rim ofthe case.

~gg.,~ "Second hand rip" means a grip that allows the shooter to drip the pistol with their nontri~~er hand The second hand drip often has a grip texture to assist the shooter in weabon
control
~hh) "Semiautomatic" means a firearm functionally able to fire a single cartridge, eject the
empty case and reload the chamber each time the tri~~er is bulled and released. Further,
certain necessary mechanical parts that will allow a firearm to function in a semiautomatic
nature must bedresent far a weapon to be deemed semiautomatic. A weapon clearly
designed to be semiautomatic but lackin~a firingpin bolt carrier gas tube or some other
Page 5 of 15

crucial art ofthe firearm is not semiautomatic for purposes ofPenal Cade sections
30515 30600 30605fa), and 30900.
(1) ~ mechanically whole semiautomatic firearm merely lacking ammunition and a
proper magazine is a semiautomatic firearm.

gun lock or firearm safety device is removed, and weapon can he loaded with a
magazine and proper ammunition.}
With regards to an AR-15 style firearm if a complete upper receiver and a complete

firearm.
i~Uvu r-~i~-

(ii) "Shogun with a revolving cylinder" means a shogun that holds its ammunition 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 revolving cylinder.
(y) "Shroud" means a heat shield that is attached to or partially or comvletely encircles the
barrel allowing the shooter to fire the weapon with one hand and gasp the firearm over
the barrel with the other hand without burning the shooter's hand. A slide that encloses
the barrel is not a shroud.

spigot is what the grenade is attached to prior to the launching ofa grenade.
X11)

"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 may be fixed,
folding, or telescoping.

(mm} "Stock fixed" means a stock that does not move,fold, or telescope.
~jjjj)

tJ lUlilt

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ll1CiA.l1J Q JI.V~+11 YY1ll411 1.7 lllil~vu itt ~vaaav au.~saay... ..v_

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the stock to be folded next to the receiver to reduce the overall length ofthe firearm. This
definition includes under folding and over foldin stg~ocks.
boo) "Stock telescoping" means a stock which is shortened or lengthened by allowing one
section to telescope into another~ortion On AR-15 style firearms the buffer tube or
receiver extension acts as the fixed part of the stock on which the telescoping butt stock
slides or telescopes.
Page 6 of 15

magazine.
(qa) "Thumbhole stock" means a stock with a hole that allows the thumb of the trigger hand to
T
penetrate into or through the stock while firing.
err)

"Threaded barrel cable of accepting,a flash suppTeSsor forward hand~rip or silencer"
means a threaded barrel able to accept a flash suppressor forward hand~p 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 purposes ofthis definition a lu~~ed barrel is the
same as a threaded barrel

Note• Authoritycited• Section 30900 Penal Code Reference: Sections 3Q515 and 30900,Penal
Code.

Article 3. Assault Weapon Registration
~ 5472 Registration of Assault Weans Pursuant to Penal Code Section 30900Cb)(1); Weapons
That Will Not Be Registered as Assault Weapons.
Via)

The Department will not register as an assault weapon a firearm unless it was lawfully
possessed on or before December 31,20T6.

(b)

The Department will not register a firearm that was required to be registered under prior
assault weapon registration laws in effect before January 1 2017 These weapons include
but are not limited to firearms known as "named assault weapons" and are listed in Penal
Code section 30510 and sections 5495 and 5499 of Chapter 40.

~)

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 fizliv functional.

Page 7 of 15

(f)

The Department will not register as an assault weat~on a firearm manufactured by a
federaliv-licensed manufacturer if the firearm does not have a serial number applied
pursuant to federal law.

~) The Department will not register as an assault weapon a FMBUS if the firearm does not
have a serial number assigned by the De artment and applied by the owner or went
pursuant to section 5474.2.
ion 30900,Penal Code. Reference: Sections_3__0515__and 30900,Penal

_

'~

.. -

-.

..

§.5473. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1); California
Firearms A~blication Reporting_Svstem ("CFARS")• Account Requirements.
~a)

Assault weapon registrations must be filed electronicall~usin~ the Department's
California Firearms Application Reportin~S sty em(CFARS~ at the following website:
https://cfars.doica.gov/lo~in.do.

fib)

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
Page 8 of 15


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