“bullet button” / “assault weapon” quick reference guide

“BULLET BUTTON” / “ASSAULT WEAPON” QUICK REFERENCE GUIDE

QUICK TIPS

On January 1, 2017, the deni-

tion of an “assault weapon” (“AW”)

under California law was changed to

include rearms which were required

to be equipped with a “bullet button”

or similar magazine locking device.

This change does not affect ex-

isting denitions of other types of

AWs, including: make/model, AWs;

semiautomatic, centerre ries with

an overall length less than 30 inches;

semiautomatic, centerre ries with

xed magazines capable of accept-

ing more than 10 rounds; semiauto-

matic pistols with xed magazines

capable of accepting more than 10

rounds; shotguns with revolving cyl-

inders; and semiautomatic shotguns

with both a folding telescoping stock

and a pistol grip that protrudes con-

spicuously beneath the action of the

weapon, thumbhole stock, or vertical

handgrip.

A complete list of rearms which

are prohibited by make/model can be

found in the California Code of Reg-

ulations or in the “Assault Weapon

Identication Guide” on DOJ’s web-

site at: https://oag.ca.gov/sites/all/

files/agweb/pdfs/firearms/forms/aw-

guide/pdf.

The following owchart will help

gun owners who own rearms not

already registered as an “assault

weapon” to determine if the rearm

is classied as such, either under

the new law or existing law. Several

denitions are also provided for key

terms used in the owchart, but some

of these denitions are from now re-

jected regulations and are subject to

change.

If after reviewing this owchart

you believe you are in possession of

an illegal “assault weapon,” contact a

skilled rearms attorney immediately.

The Penal Code now classies the following as an

AW:

“FIXED MAGAZINE” - An ammunition feeding device contained in, or permanently to, a rearm in such a manner that the device cannot be removed without disassembly

of the rearm action.

“DISASSEMBLY OF THE FIREARM ACTION” - “The re control assembly is detached from the action in such a way that the action has been interrupted and will not

function. For example, disassembling the action on a two-part receiver, like that on AR-15 style rearm, would require the rear take down pin to be removed, the upper

receiver lifted upwards and away from the lower receiver using the front pivot pin as the fulcrum, before the magazine may be removed.”

Produced as another member benet by the CRPA and NRA. To join, donate, or volunteer, visit www.StandandFightCalifornia.org and www.

cpra.org, or email [email protected]. Permission to reprint is granted so long as this material is copied in its entirety. This is not legal advice.

Consult with a qualied attorney to account for your individual circumstances.

1. REGISTER: A rearm that was lawful to acquire and possess last year but

now is considered an AW can be registered on or before July 1, 2018. Once the

registration system is active, you can register at https://cfars.doj.ca.gov/login.do.

NOTE: Any AW may be “jointly” registered with another family member over the

age of 18 (including a parent, grandparent, child, grandchild, or sibling) who re-

sides with you. But they must separately complete the AW registration.

2. MODIFICATION: You can modify your rearm so that it is no longer an AW.

This can generally be accomplished in two ways:

A. “Featureless Build:” If a rie (while still semiautomatic, centerre, and not hav-

ing a xed magazine) does not have any of the features listed in A-F above; or

if a pistol, (while still semiautomatic and lacking xed magazine), does not have

any of the features listed in G-J, then it isn’t an AW under the recent change to

California law. Removing or changing all of these features may prevent the rearm

from meeting the denition of an AW. For example, one may replace the pistol grip

with an aftermarket grip like the “Monsterman Grip;” pin or rivet their telescoping

stock in place; or remove the “ash suppressor” or replace it with a muzzle brake.

B. “California Compliant Build:” If you remove one of the three prerequisite features

for the new “assault weapon” denition (i.e., for ries: semiautomatic, centerre, or

not having a xed magazine) the rearm can then still have all of the features listed

in A-F (with the exception of the grenade launcher). Most rearm owners choose

to install an aftermarket device on their rie that causes the rearm to have a “xed

magazine.” The parts replace the “bullet button” magazine lock. The device prevent

the magazine’s release unless/until the upper receive is pivoted up from the lower

receiver of the rearm. Because removal of the magazine requires “disassembling

the rearm’s action,” the magazine is considered “xed.”

Some owners are choosing to afx their magazine to the rearm by welding

or epoxying the magazine to the receiver and then loading the rearm through the

chamber breech. Some are converting their ries from centerre to rimre. While

others are restricting their rearm’s ability to function as a semiautomatic.

3. DISASSEMBLY: A rearm has to be assembled and functioning to be an AW.

Consequently, disassembling the rearm, or removing a crucial part of the rearm

that will prevent it from functioning, or even taking the upper receiver off from the

lower receiver, should take the rearm out from under the “AW” denition. But

once disassembled, the rearm can never be reassembled in California into a

conguration that meets the denition of an “AW,” and you should never manifest

the intent to reassemble the rearm in an “AW” conguration in California (never

discuss your rearm or how it might be reassembled with anyone). CAUTION: If a

rearm is lacking a non-essential part, like a magazine, or a part not required for

the rearm to function, or if the rearm is disabled by a gun lock but can otherwise

still function properly, it is NOT a “disassembled” rearm. The rearm would still

be considered an AW.

4. SALE/SURRENDER: AWs can be surrendered to law enforcement, or sold

to properly licensed “assault weapon” dealers, or sold out of state to out of state

dealers.

5. REMOVAL FROM CALIFORNIA: Some rearm owners are taking their

rearms out of California. Firearm owners choosing this route should be mindful of

other state laws and federal transfer requirements, particularly if the rearms are

in a location where others may access them. And once removed from the state, it

cannot be brought back into the state in an AW conguration.

RIFLES: A semiautomatic, centerre rie that

does not have a xed magazine but has any

one of the following: (A) A pistol grip that pro-

trudes conspicuously beneath the action of the

weapon, (B) A thumbhole stock, (C) A folding

or telescoping stock, (D) A grenade launcher or are

launcher, (E) A ash suppressor, or (F) A forward pistol

grip.

PISTOLS: A semiautomatic pistol that does not

have a xed magazine but has anyone of the

following: (G) A threaded barrel, capable of ac-

cepting a ash suppressor, forward handgrip, or

silencer; (H) A second handgrip; (I) A shroud that

is attached to, or partially or completely encir-

cles, that barrel that allows the bearer to re the

weapon without burning the bearer’s hand, except

a slide that encloses the barrel; (J) The capacity to ac-

cept a detachable magazine at some location outside

of the pistol grip.

SHOTGUNS: While the change in the Penal Code af-

fects certain ries and pistols, the DOJ has taken the

position that semiautomatic shotguns required to be

equipped with “bullet buttons” are also affected.

FOR GUN OWNERS WITH

FIREARMS NOW

CLASSIFIED AS

“ASSAULT WEAPONS”

PREREQUISITE FEATURES

OF AN ASSAULT WEAPON (AW)

KEY DEFINITIONS

WHAT ARE MY OPTIONS TO STAY OUT OF TROUBLE

IF I OWN A NEWLY DEFINED “ASSAULT WEAPON”?