SENIOR COUNSEL C. D. MICHEL* MANAGBG PARTNER SPECIAL COUNSEL ERICM.NASV W. LEE SMITH OF COUNSEL Jt..i I\ BATrLEGROUNLWA MeIII 1SSOCIAufrJ.?,. Attojrneys atlaw Firearms - Environmental - Land Use Employment Law Civil Litigation- Criminal Defense ASSOCIATES ANNA M. BARVIR MICHELLE BIGLARIAN SEAN A. BRADY MA11HEW ICUBE1RO I 80 EAST OCEAN BOULEVARD SUITE 200 MARGARET E. LEIDY LONG BEACH CALIFORNIA 90802 BEN A. MACHIDA 562-2 I 6-4444 WWW.MICHELLAWYERS.COM CLINT B. MONFORT JOSEPH A. SiLvoso, III Los ANGELES, CA MATTHEWM. HORECZKO Los ANGELES, CA * ALSO ADMITrED IN TEXAS AND THE WRITER S DIRECT CONTACT: DISTRICT OF COLUMBIA 562-2 8-446 JSILVOSO@MICHELLAWYER5.COM September 9, 2016 Re: What aspects of California firearms law should Cowboy Action Shooting participants be concerned about, and how can they ensure that they are in compliance with California law? To participants of SASS Western Divisional Championship of Cowboy Action Shooting: Our office was recently contacted by The Cowboys in association with their upcoming SASS Western Division Championship for Cowboy Action Shooting ( CAS ). Michel & Associates represents, amongst other individuals, corporations, and members of the firearm community, the National Rifle Association and the California Rifle and Pistol Association. While we can t cover every single eventuality that may occur when a person visits California, the following is an overview of some of the major things to look out for. This memorandum will also address some of the concerns that people usually have when coming to California with firearms. CAS participants usually have nothing to worry about when it comes to possessing the firearms they intend to use for competition in California. As explained in further detail below, the firearms used for CAS competitions (i.e., cowboy guns ) usually fall outside the definitions of highly regulated firearms (like assault weapons, machineguns, or short-barreled rifles/shotguns). For the same reason, the new California laws that CAS may have heard about, such as the expansion of the scope of the assault weapon restrictions and large-capacity magazine bans, should not apply to the firearms CAS participants use during the events. California does not, and will not as a result of the new laws, limit the amount of ammunition a person can possess or restrict the amount of ammunition that individuals who reside outside of California can bring into the state. As for the remaining firearms restrictions applicable to CAS participants, CAS participants can easily comply with California law if they just follow the following information. I. Cowboy Guns Often Fall Outside the Definitions of Highly Regulated Firearms (i.e., Assault Weapons ) Under California Law However, Participants Should be Mindful of California s Restrictions When it Comes to Other Firearms They may Bring With Them With few exceptions, anyone in California who manufactures, distributes, transports, imports, sells, gives, or lends any assault weapon or.50 BMG rifle is guilty of a felony. (Cal. Pen. Code
Page 2 of 6 30600(a)). Mere possession of an assault weapon or.50 BMG rifle may also result in a felony or misdemeanor conviction for assault weapons and a misdemeanor for.50 BMG rifles. (Cal. Pen. Code 30605, 30610.) Fortunately the firearms CAS participants use in their events, like single action revolvers, lever action rifles, and break action shotguns, do not fall under California s definition of an assault weapon. However, CAS participants who plan on bringing other firearms into California should ensure that their firearms are not considered to be assault weapons under California law. There are two ways a firearm can fall under the classification of an assault weapon. First, a firearm is classified as an assault weapon if it is listed by make and model in Penal Code section 30510 and sections 5495 and 5499 of title 11 of the California Code of Regulations. A list of these firearms can be found in the California Attorney General s Assault Weapon Identification Guide ( AWIG ). A firearm may also fall under the definition of an assault weapon if it possesses a certain combination of features. (Cal. Pen. Code 30515.) The below definition of assault weapon will change for rifles and pistols next year. However, for the time being the following applies. To be classified as an assault weapon by virtue of its features, a rifle must: (1) Be semiautomatic, (2) Fire centerfire cartridges, and (3) Have any one of the following: (a) A fixed magazine capable of accepting more than 10 rounds, or (b) An overall length of less than 30 inches, or (c) The capacity to accept a detachable magazine, coupled with any one or more of the following: (i) A pistol grip that protrudes conspicuously beneath the action of the weapon, (ii) A thumbhole stock, (iii) A folding or telescoping stock, (iv) A grenade launcher or flare launcher, (v) A flash suppressor, or (vi) A forward pistol grip. (Cal. Pen. Code 305 15(a)(1)(A-F), (2), (3).) To be classified as an assault weapon under California law, a pistol must: (1) Be semiautomatic, (2) Have any one of the following: (a) A fixed magazine with capacity to accept more than 10 rounds, or The Attorney General s AWIG is available at: http://ag.ca.gov/firearms/forms/pdflawguide.ydf.
Page 3 of 6 (b) The capacity to accept a detachable magazine, coupled with any one or more of the following: (i) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; (ii) A second handgrip; (iii) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer s hand, except a slide that encloses the barrel; or (iv) The capacity to accept a detachable magazine at some location outside of the pistol grip. (Cal. Pen. Code 305 15(a)(4)(A-D), (5).) To be classified as an assault weapon under California law, a shotgun must: (1) Have a revolving cylinder or (2) Be semiautomatic and have the following: (a) The ability to accept a detachable magazine, or (b) Both of the following: (i) A folding or telescoping stock, and (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip (Cal. Pen. Code 30515(a)(6), (7), (8).) If your firearm meets the definition of an assault weapon, leave the firearm at home. B. California s Definition of.50 BMG Rifle A.50 BMG rifle is defined as a centerfire rifle that can fire a.50 BMG cartridge and that is not already an assault weapon or a machinegun. A.50 BMG cartridge means a cartridge that is designed and intended to be fired from a centerfire rifle and that meets all of the following criteria: (1) It has an overall length of 5.54 inches from the base to the tip of the bullet, (2) The bullet diameter for the cartridge is from.510 to, and including,.511 inch, (3) The case base diameter for the cartridge is from.800 inch to, and including,.804 inch, and (4) The cartridge case length is 3.91 inches. (Cal. Pen. Code 30525.) C. California s Handgun Roster Does Not Prohibit Possession of Handguns People often hear about California s handgun roster and believe it is a list of handguns people can only possess in California. This is incorrect. The roster is a list of handguns that firearm dealers can sell to Californians. It does not restrict what handguns can be possessed or brought into California (provided the handgun isn t brought into California for purposes of sales). Additionally, there are a number of
These laws amend California Penal Code sections 16150, 17315, 30000 & 30306 and adding sections 30355-30357 & 30360-30370. Page 4 of 6 exceptions to the roster restriction. Private party transfers and transfers between immediate family members are exempt from the roster requirement. But speaking generally, the roster is not an area of concern for people visiting California from another state. D. California s Unique Definition of Short-Barreled Shotgun California has a unique definition of a short-barreled shotgun that is different from the federal definition. (See P.C. 17180.) As a result, some handguns that are legal to possess in other states might not be legal to possess in California. For example, revolvers that are designed to fire.410 shotshells, such as the Taurus Judge handgun, are considered short-barreled shotguns in California and are generally illegal to possess. So, keep these types of firearms at home. II. As a General Rule, Do Not Bring Large-Capacity Magazines into California A large-capacity magazine is any ammunition feeding device with the capacity to accept more than 10 rounds, but it does not include: (1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds; (2) A.22 caliber tube ammunition feeding device; or (3) A tubular magazine that is contained in a lever-action firearm. (Cal. Pen. Code 16740.) Remember, it is generally illegal to manufacture, import, sell, give, lend, buy, or receive a largecapacity magazine in California. (Cal. Pen. Code 32310.) Barring limited exception, after July 1, 2017, it will be illegal to possess a large-capacity magazine. (SB 1446, 2015-2016 Leg., Reg. Sess. (Cal. 2016).) The possession of large-capacity magazines is currently restricted in certain cities in California; notably Los Angeles and San Francisco. As a result, do not bring in any large-capacity magazines into California. There are exceptions to these restrictions but they are few and far between. If you are interested, exceptions to these restrictions can be found in California Penal Code sections 17700-17745 and 32400-32450. III. California s New Laws Restricting Ammunition Do Not Go into Effect Until 2018 and 2019, So They Do Not Affect CAS Participants Now 3 has alarmed firearms owners because The passing of California Senate Bill ( SB ) 1235 into law SB 1235 places certain restrictions on the sale, importation, and transfer of ammunition within California. However, SB 1235 s transfer restrictions do not start to go into effect until January 1, 2018 and SB 1235 s background checks and personal information requirements do not go into effect until July 1, 1019. More importantly, the ammunition importation ban does apply to non-caljfornia residents. Therefore, CAS participants from out of state need not worry about bringing ammunition into California. There are no
Page 5 of 6 restrictions on how much ammunition an out-of-state person may bring into California and there is no restriction on how much ammunition a person can possess in California. To comply with California law on ammunition, all CAS participants need to do is to ensure that they do not bring in tracer ammunition, explosive ammunition, or flechette ammunition. IV. How to Transport Your Firearms via Car to California Whenever transporting firearms in California our first suggestion is that you unload your firearm. Stated generally, California restricts the transportation and carrying of a firearm loaded. (P.C. 25850(a).) We often suggest that you go one step further and remove ammunition from your magazines. While California law does not require this once the magazine is outside of the firearm for purposes of the loaded firearm restriction, you do not want law enforcement to be concerned if you are ever stopped while transporting or carrying a firearm. Second, handguns must be transported in a locked container (Cal. Pen. Code 256 10(a)). While the locked container does not need to be a hard case (although it doesn t hurt) it must be a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. A locked container is not a utility or glove compartment of a motor vehicle. (Cal. Pen. Code 16850.) When transporting a handgun, we suggest placing the unloaded handgun in the locked container before leaving your residence or place where you are staying and placing the firearm in its case in the trunk or as far away from the occupants of the vehicle as possible. When you arrive at your location (for instance, a range) take the firearm in its case into the range before removing it. This process should be reversed when you are finished with the event. Third, long guns should also be transported in a gun case or (preferably) in a locked container. Although California law allows non-handguns to be left open and unlocked within a vehicle, federal law requires that all firearms (including long guns) be in a locked container or a locked firearms rack in the motor vehicle when in a school zone. (18 U.S.C. 922(q)(2)(B).) Additionally, once the long gun is outside the vehicle, in certain locations, it cannot be carried openly, therefore we suggest the long gun be transported in a closed gun case or, preferably, in a locked gun case (which are exceptions to the restrictions on carrying long guns in public). (Cal. Pen. Code 26405.) When transporting long guns we suggest you follow the above information for transporting handguns concerning how to get the firearm from your place of residence to the location where the firearm will be used. Lastly, remember that California law does not honor or recognize CCW licenses issued outside this state. (Frequently Asked Questions Public, CAL. DEPT. OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, https://oag.ca.gov/firearms/pubfaqs#10 [last visited Sept. 1, 2016]), so you cannot rely on your CCW if you get stopped by a member of law enforement. However, the Law Enforcement Officers Safety Act ( LEOSA ) still applies in California, so you can still enjoy its protections if you qualify. V. CONCLUSION As can be seen, it is not difficult to comply with California s firearms laws if you are a CAS participant as long as you follow the following rules:
Page 6 of 6 1. While firearms commonly used in CAS events do not meet the definitions of certain firearms that are heavily regulated under California law (e.g., assault weapons, machineguns, or short-barreled rifles/shotguns), CAS participants may often own or possess other firearms that are restricted in California. If you plan on attending the event and bringing other firearms into California, confirm that they are legal to possess here. 2. If coming from another state leave magazines that hold more than 10 rounds ( large capacity magazines ) at home. 3. Do not fear the pending ammunition restrictions. They do not prevent a person who resides outside of California from bringing ammunition into California, and no California law limits the amount of ammunition a person may own. 4. ALWAYS transport firearms unloaded (preferably removing the ammunition from the magazine). Handguns and (preferably) long guns should be transported in a locked container. As mentioned above, we can t account for every eventuality someone may run into when coming into California. However, the foregoing are some of the most common areas of concern for visitors of the state of California who wish to participate in a CAS event. If you have any questions or concerns. There is a book, entitled Calfornia Gun Laws: A Guide to State and Federal Firearm Regulations written by C.D. Michel and myself that addresses the foregoing, and much more, in detail. Additionally, the law firm of Michel & Associates would be happy to address questions or concerns for a modest cost. Sincerely, MICHEL & ASSOCIATES, P.C. 7oseph A. Silvoso, III at Law t,/attorney Disclaimer: The information contained in this memorandum has been prepared for general information purposes only. The information contained herein is not legal advice, should not to be acted on as such, may not be current, and is subject to change without notice. Michel & Associates, P.C., does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in this memorandum, Users of information from this memorandum do so at their own risk. This memorandum does not create an attorney-client relationship. Individual facts and circumstances may alter the conclusion(s) drawn. For legal advice consult an attorney.