California Supreme Court Decision Regarding
Roberti-Roos Assault Weapons Control Act

INFORMATION BULLETIN
No.: For further information contact:
2000-04-FD Firearms Division
Date: (916) 227-3703
08-22-2000

TO: ALL LAW ENFORCEMENT AGENCIES
ALL FIREARMS DEALERS AND MANUFACTURERS
ALL PRESIDING JUDGES OF THE SUPERIOR COURTS
ALL DISTRICT ATTORNEYS

Summary

Effective August 16, 2000, copycat/clone “series” AK and AR-15 assault weapons can not be
offered for sale, sold, manufactured, or imported into California. Additionally, such assault
weapons possessed prior to August 16, 2000, must be registered on or before December 31, 2000.
This bulletin addresses issues surrounding these changes.

Supreme Court Findings / Opinion

On August 16, 2000, the California Supreme Court’s long awaited decision in Kasler v. Lockyer, a
case which addresses the 1989 Roberti-Roos Assault Weapons Control Act (AWCA), became
final. The California Supreme Court reversed an earlier Court of Appeal decision which had
determined there were constitutional infirmities in the AWCA. In Kasler, the California Supreme
Court upheld the constitutionality of the AWCA in its entirety.
An integral part of the AWCA is the provision in Penal Code section 12276.5, which allows the
Attorney General to add-on additional weapons which are similar to those listed in subdivisions
(a), (b) and (c) of section 12276. In addition, and separate from the add-on provision, Penal Code
section 12276, subdivisions (e) and (f), state that all AK “series” and AR-15 “series” weapons
are controlled assault weapons even if they are “other models that are only variations, with minor
differences, regardless of manufacturer.” There are many copycat/clone “series” AK and AR-15
assault weapons.

The add-on provision of Penal Code section 12276.5 was a major subject of the Kasler litigation
which began in 1992. During the pendency of the litigation and due to questions about the
constitutionality of the AWCA, Attorney General Daniel Lungren, and later Attorney General Bill
Lockyer, did not use the add-on provision to regulate other weapons, nor did the Department of
Justice identify the “series” weapons listed in the separate provisions of Penal Code section 12276,
subdivisions (e) and (f). “Series” weapons continued to be manufactured, imported into California,
sold, purchased and possessed within California without regard to Penal Code section 12276,
subdivisions (e) and (f).

In 1999 the Legislature expanded the assault weapons definition by adding Penal Code section
12276.1, which identifies assault weapons by characteristics. The Kasler decision has affirmed the
Attorney General’s authority to identify assault weapons with both the add-on provisions of Penal
Code section 12276.5 and identify the “series” AK and AR-15 assault weapons pursuant to Penal
Code section 12276 (e) and (f). Removal of assault weapon characteristics does not eliminate
the need to register AK and AR-15 “series” weapons.

Department of Justice Obligation

To date, multiple legislative sessions have passed legislation to control assault weapons under
three governors. Now with the concurrence of the California Supreme Court, the legislative,
executive and judicial branches of government have directly addressed the control of assault
weapons. In light of the recent Supreme Court’s determination that the Act is constitutional, the
Department of Justice is obligated to identify and enforce the statute with respect to AK and AR-15
copycat/clone “series” weapons. To assist the public in identifying these assault weapons, the
Department of Justice has identified the attached list of “series” weapons. The Department of
Justice, with the assistance of experts and other interested parties in the assault weapons field,
plans to publish a more current list by October 1, 2000. Thereafter, individuals who lawfully
possessed these copycat/clone “series” weapons will have 90 days, October 2, 2000, through
December 31, 2000, to register these “series” assault weapons with the Department of Justice.
For those who are currently in possession of these assault weapons, the Department of Justice will
begin accepting registrations for these copycat/clone “series” assault weapons immediately.
Peace officers owning personal assault weapons are not exempt from these requirements.

Effective Dates / Deadlines for “Series” Assault Weapons

On August 16, 2000, the Supreme Court’s decision in Kasler became final as the result of the
Supreme Court’s denial for rehearing. As of that date, copycat/clone AK and AR-15 “series”
weapons can no longer be manufactured within the state, imported into the state, offered for sale or
sold within California.

Individual Owner Obligations

In order to comply with the law, an individual who lawfully acquired an AK or AR-15 “series” assault
weapon on or before August 16, 2000 (starting the DROS process by August 16, 2000 through a
firearms dealer licensed pursuant to Penal Code section 12071) must do one of the following on or
before December 31, 2000:

• Register the weapon with the Department of Justice;
• Render the weapon permanently inoperable;
• Sell the weapon to a licensed assault weapons dealer;
• Remove the weapon from this state;
• Relinquish the weapon to law enforcement.

Licensed Firearms Dealer Obligations

In order to comply with the law, a firearms dealer licensed pursuant to Penal Code section 12071
who has an AK or AR-15 “series” assault weapon in lawful possession as of August 16, 2000, in
business inventory must:

• Have lawfully sold or transferred the “series” assault weapon via the Dealer Record
of Sale (DROS) process on or before midnight August 16, 2000. The DROS must
include both an assignment of a transaction number and the submission of the
purchaser’s information. Delivery must take place prior to midnight September 14,
2000. DROS transactions initiated August 17, 2000 and after must be canceled.

OR

• Dispose of the “series” assault weapon by December 31, 2000, or obtain a permit
from the Department of Justice in the same manner as specified by Penal Code
section 12230, et seq.

A weapon can be disposed of by any one of the following ways:

• Render the weapon permanently inoperable;
• Sell the weapon to a licensed assault weapons dealer;
• Remove the weapon from this state;
• Relinquish the weapon to law enforcement.

“Series” assault weapons can not be transferred to the firearms dealer’s personal collection after
August 16, 2000.

Senate Bill (SB) 23 , Penal Code section 12276.1, in light of Kasler
Senate Bill 23, Penal Code section 12276.1, does not apply to AK and AR-15 “series” assault
weapons. These assault weapons must be registered. Removal of a characteristic will not change
their status as assault weapons.

Questions

In an effort to assist you in identifying Roberti-Roos and AK and AR-15 “series” weapons, the
Department of Justice will publish an Assault Weapon Identification Guide in the near future. If
you have any questions, please feel free to visit the Firearms Division’s web site at
caag.state.ca.us/firearms, or speak with a Firearms Division Field Representative at
916-227-3703. For more information on SB 23, you may visit the www.regagun.org website or
call the toll-free information line at 877-734-2486.

Sincerely,
RANDY ROSSI, Director
Firearms Division
For BILL LOCKYER
Attorney General
Attachment
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