California, already known throughout the United States for its relatively strict gun laws, updated its regulations to ban the sale or purchase of assault weapons with a ban in 2018. However, it is still legal for gun enthusiasts to own an assault rifle if they purchased their weapon prior to the passing of the new gun restrictions. There are limited exceptions for those who have been issued a special license to manufacture and sell assault weapons to approved law enforcement officers or agencies but selling guns without a license is illegal.
At Simmrin Law Group, we’ve helped many clients defend their rights to own assault rifles even after the ban. If you’ve been charged with giving away or selling your assault rifle, our Los Angeles unlicensed/illegal sale of firearms defense lawyers can help.
What Is an ‘Assault Weapon?’
The Department of Justice has clear guidelines available online regarding what constitutes an assault weapon under the ban on assault weapons. In fact, the DOJ keeps a list of all weapons so that there can be no confusion. However, if you are not sure whether a certain type of gun can be considered an assault weapon, the following criteria are a useful guide:
- A semiautomatic, centerfire rifle or pistol with a detachable magazine of more than ten rounds.
- A semiautomatic, centerfire rifle, shotgun, or pistol with a detachable magazine and certain features such as stocks, forward pistol grips, flash suppressors, or grenade launchers.
- Semiautomatic, centerfire rifle that is fewer than 30 inches long.
- Semiautomatic, centerfire shotgun that features a revolving cylinder.
What Are The Restrictions on Owning a Registered Assault Rifle?
If you own and have registered your assault rifle with the Department of Justice, you must still meet certain conditions to avoid breaking the law. You may possess the firearm under these conditions:
- The weapon is kept on the property you own or with the property owner’s permission.
- The weapon can be used at specific gun clubs or shooting ranges.
- The weapon can be possessed on public land if you have permission from the governing body.
- The weapon can be transported to the above places and to a licensed gun dealer for repair.
This means that any time you wish to carry an assault rifle, you must have permission from the owner of the property. You cannot simply walk around with an assault rifle.
If you already owned an assault rifle and have registered it with the Department of Justice, you do not have to get rid of it. However, now that assault rifles are banned, you cannot purchase a new one.
What About Ammunition?
If you’re planning a trip to the shooting range with your assault rifle, it won’t be very fun unless you have ammunition. Under the new law, you can still purchase ammo online or via catalog, but there is one new and significant change to buying ammo.
You cannot have the ammunition, such as magazines, sent directly to your place of residence. Instead, you must ship the ammo to a licensed vendor and pick it up from there. This law went into effect on January 1, 2018.
Penalties for Breaking the New Assault Rifle Ban
Possessing an illegal assault weapon can be punished as a misdemeanor or a felony at the discretion of the prosecutor. If convicted, a person faces some serious consequences. In both cases, a conviction will destroy the weapon, as semiautomatic firearms are legally considered a public nuisance under the new law. Here are the possible penalties for convictions:
- A misdemeanor charge can result in a maximum of one year of jail time as well as a fine of up to $1,000.
- A felony conviction can lead to jail time of 16 months to three years and a fine of up to $10,000.
Additional consequences could be the loss of your legal ability to own any firearms. Of course, using a semiautomatic firearm while committing another crime, such as robbery or a mass shooting, will result in even harsher penalties.
How an Illegal Sale of Firearms Defense Lawyer Can Help You
If you have been charged with an illegal sale or possession of assault weapons banned under California law, an experienced Los Angeles criminal defense lawyer focusing on firearms cases can offer valuable assistance. With knowledge of the complex state and federal gun statutes as well as relevant case law, a lawyer can:
- Review the specific firearm and features, such as flash suppressors, threaded barrels, thumbhole stock, and pistol grips, to determine if it legally meets the definition of a weapon banned by California’s regulations on Colt AR-15 and similar rifles.
- Identify legal features on your rifle, such as telescoping stocks, that are not a threat to public safety.
- Investigate possible defenses like claims the ban on semiautomatic weapons infringes on Second Amendment rights; the gun was legally purchased or configured before the 2018 update, or lack of intent to break the law due to ambiguous statutes.
- Negotiate with prosecutors to reduce charges by submitting case mitigation or seeking dismissal if evidence suggests no violation occurred.
- Prepare suppression motions to exclude illegally obtained evidence, such as magazines, that could be the result of an unconstitutional search and seizure of ammo.
- Present a strong defense at trial by coordinating with experts and trial strategies to raise reasonable doubt for any charges involving illegal possession or sales of assault weapons under California’s strict ban.
Learn More About California’s Assault Rifle Ban
Due to the serious nature of the penalties for breaking the new gun laws, it is advisable to seek the counsel of an experienced criminal defense attorney if you have been accused of owning an illegal semiautomatic rifle. The knowledgeable criminal defense lawyers at Simmrin Law Group are available to help and offer a FREE initial consultation on your case.
Having a criminal defense attorney on your side could be the difference between a harsh conviction and an acquittal, so do not hesitate to contact our experienced team.