Assault Weapons
RC Phillips DDA (Ret.)
October, 2021
In 2020, the California legislature passed Senate Bill 118 expanding the definition of "assault weapon" to include a category of "other assault weapons." Recently, the California Department of Justice announced the opening of a registration period to run from October 1, 2021 through December 31, 2021 for those individuals who wish to remain in lawful possession of those covered firearms without making any modifications to remove them from the covered category. For those who intend to comply with this registration requirement, please see the below information provided on the California Department of Justice Website https://oag.ca.gov/firearms:
"Other" Assault Weapon Registration
Penal Code section 30900, as amended, requires any person who, prior to September 1, 2020, lawfully possessed an assault weapon as defined by Penal Code Section 30515 subdivision (a) paragraphs (9), (10), and (11), and is eligible to register an assault weapon as set forth in Penal Code Section 30900, subdivision (c), to submit an application to the DOJ to register the firearm before January 1, 2022. The regulations for Other Assault Weapon Registration that contain additional information regarding registration requirements are now available on the Firearms Regulations/Rulemaking Activities webpage.
Please Note: The “Other” assault weapons registration is NOT affiliated with or an extension to previous registrations, including the “SB 23” and “Bullet Button” assault weapons registrations. Therefore, registrations submitted for assault weapons that do not meet the definition under Penal Code section 30515, subdivision (a), of paragraphs (9), (10), or (11) will be rejected.
Beginning October 1, 2021 at 9:00 AM PST, registration applications may be submitted electronically at https://oawr.doj.ca.gov or by submitting the Other Assault Weapon Registration Form (BOF 1039), available for download from the Forms and Publications webpage. All registration applications, whether submitted electronically or through the mail, must be submitted during the registration period beginning October 1, 2021 at 9:00 AM PST through December 31, 2021 at 11:59 PM PST. The registration fee is $37.19 for one firearm and an additional $5 for each additional firearm registered in a single transaction.
Please Note: Registration applications received or postmarked after December 31, 2021 will not be accepted.
What is considered an “Other” assault weapon?
Pursuant to Penal Code section 30900, subdivision (c), paragraph (1), effective September 1, 2020, an “Other” assault weapon is defined in Penal Code section 30515, subdivision (a), paragraphs (9), (10), or (11), as:
9. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:
A. A pistol grip that protrudes conspicuously beneath the action of the weapon.
B. A thumbhole stock.
C. A folding or telescoping stock.
D. A grenade launcher or flare launcher.
E. A flash suppressor.
F. A forward pistol grip.
G. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
H. A second handgrip.
I. 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.
J. The capacity to accept a detachable magazine at some location outside of the pistol grip.
10. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.
11. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.
For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action