What Are Assault Weapons and Are They Illegal?
While the right to bear arms is guaranteed by the Second Amendment to the United States Constitution, Californians can still face punishment for having assault weapons. The laws surrounding what each state can and cannot prohibit regarding firearms are continually changing. As a gun owner, it’s essential that you make sure you stay informed of what is allowed to stay on the right side of the law.
What Is an Assault Weapon?
California law has a specific list of firearms it classifies as assault weapons. Note that California’s classification does not merely include high-capacity long guns, but also certain pistols and handguns
Examples of firearms defined as assault weapons in California include:
- Shotguns with a revolving magazine cylinder
- Any gun that is a part of the AK series of rifles
- Semi-automatic guns with a fixed magazine capacity greater than 10 rounds
- Semi-automatic guns that do not reach a total length of greater than 30 inches
The California Attorney General’s website includes a comprehensive list of all the firearms that are considered illegal assault weapons, complete with pictures of the banned guns.
Possession of an Assault Weapon Is Illegal
It is your responsibility to know what is and what is not allowed under California law. If you are found in possession of an assault weapon, you can be prosecuted, regardless of whether you knew the gun was illegal.
Under the law, you do not need to actually hold a banned weapon to be charged with a crime. Instead, if you are deemed to constructively possess the gun, you can face punishment. This means you had control of the weapon, possibly by locking it in your car or your house.
The punishment for being found in possession of an illegal assault weapon varies widely. On rare occasions, you may only get away with a mere infraction and a $500 fine. More likely, you’ll face misdemeanor charges that can lead to a year in county jail and a $1,000 fine. Depending on your criminal background, you can also face felony charges and up to three years in county jail.
Manufacturing or Distributing an Assault Weapon Is Prohibited
California has a separate law beyond possession that deals with other ways of handling assault weapons. The law bans anyone from doing any of the following with a prohibited assault weapon:
- Manufacturing
- Distributing
- Selling
- Giving away
- Importing
- Transporting
- Lending
Crucially, to be found guilty of illegal manufacture or distribution of an assault weapon, you must know what you were doing. Additionally, you also must have reasonably known that the gun had characteristics that may make it a prohibited assault weapon. This means that you have not committed a crime if you transport an assault weapon without knowing it. For example, if you drive your truck without knowing your brother put his AK-47 in the trunk, you are not guilty under this statute.
Anyone convicted under California’s assault weapon manufacturing and distribution ban is guilty of a felony. The maximum punishment includes up to 8 years in county jail, though the judge could order felony probation instead.
If you’ve been arrested for possessing, manufacturing, or distributing an illegal assault weapon in Fullerton, California, you should partner with an experienced criminal defense attorney to fight for your constitutional rights. The knowledgeable legal team at the Chambers Law Firm has years of experience defending people charged with gun crimes in the Los Angeles greater area. Call us today at 714-760-4088 or email dchambers@clfca.com to schedule a free consultation.
