The Roberti-Roos Assault Weapons Control Act of 1989 is a California, United States, law that made illegal the ownership and transfer of over fifty specific brands and models of semi-automatic firearms classified as assault weapons. While mostly rifles, some were pistols and shotguns. The law was amended in 1999 to restrict acquisition and transfer of magazines that could hold more than 10 rounds of ammunition. Firearms and magazines that were legally owned at the time the law was passed were grandfathered in if they were registered with the California Department of Justice DOJ.
Proponents
The co-author of the legislation, California State Senate President pro temDavid Roberti, 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 who retired in 1991, was the other co-author.
There are three categories of assault weapons under California law:
Category I are those firearms specified on the original Roberti-Roos assault weapons list. They are identified by make and model in Penal Code §30510.
Category II are those firearms specified in the AK and AR-15 series weapons list. They are also listed in Penal Code §30510.
Category III are firearms defined as such based on specific generic characteristics, also referred to as "SB 23 assault weapons." They are defined in Penal Code §12276.1 and §30515.
The 'Roberti-Roos Assault Weapons Control Act of 1989, was augmented in 1999. It has also inspired follow-on legislation such as.50 Caliber BMG Regulation Act of 2004 and further restrictions on semi-automatic firearms. From the website of the California Attorney General's office:
Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code.
Firearms prohibited by make and model (Category I & II)
The following designated semiautomatic firearms are defined as assault weapons by Penal Code section 30510: The following specified rifles: The following specified pistols: The following specified shotguns:
Firearms prohibited by configuration (Category III)
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: The amended legislation included the following:
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 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.
''Harrott v. Kings County''
In June 2001, the California Supreme Court handed down its decision in Harrott v. County of Kings Determination of "series" inclusion is difficult enough that owners and law enforcement should merely have to consult a list of specific makes and models 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 must promulgate this list. c) DOJ has authority to 'identify' and promulgate new members of the AR & AK "series" itself. This authority is limited to AR and AK series firearms/receivers. d) DOJ cannot prohibit other firearms outside the AR/AK series and must begin an "add-on" procedure filed in certain superior courts, as specified in Penal Code 30520. The DOJ can first seek a temporary declaration that given firearms are assault weapon before categorizing it permanently. e) DOJ determinations of AR/AK "series" membership are subject to challenge and verification.
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 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". 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. Alternatively, several "magazine lock" devices are available which replace the magazine release button with an inset pin that requires the use of a special tool to release the magazine, thereby, disallowing a readily "detachable magazine", to be compliant with California state firearms law.
Featureless rifle
If a rifle has none of the prohibited features, 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 features listed in CA PC 30515.
Off-list lower receivers
Most AR-15 manufacturers now make lower receivers which qualify as "Off-List" Lower receivers which are legal to possess and use in the state of California. With regard to standard capacity magazine devices, after January 1, 2000, it is illegal to offer for sale, import, manufacture, give, or lend any detachable box magazine with a capacity exceeding 10 cartridges. Individuals possessing such magazines at a lawful location such as a gun range may only allow use of their lawfully owned standard-capacity magazines by another if they are in the immediate vicinity of the person using such items. State of California Department of Justice – Office of the Attorney General. Retrieved December 16, 2015.
