What Qualifies as an Assault Weapon Under California Law?
November 21, 2025 | Nafiz M. Ahmed
In California, an assault weapon is defined primarily by statute and includes firearms explicitly named by make and model or characteristics. This definition is one of the strictest in the United States, reflecting California’s comprehensive gun control laws.
California’s broad definition and strict regulation of assault weapons contribute to its status as having the nation’s strongest gun laws. It ranked number one for gun safety in 2021. The state has one of the lowest firearm death rates in the country.
California Penal Code § 30605 makes it illegal to possess an assault weapon in many cases. Understanding what qualifies as an assault weapon under California law can help you avoid an arrest and criminal conviction for weapons charges.
Categories of Assault Weapons
California has three general categories to define assault weapons, each of which can qualify a firearm as an assault weapon.
Category One – Specific Makes and Models
Certain firearms are banned by name, including:
- Beretta AR-70
- Springfield Armory BM59
- Steyr AUG
- Calico M-900
- J&R ENG M-68
- Weaver Arm Nighthawk
- Sterling MK-6
- Bushmaster Assault Rifle
- Colt AR-15 series
- UZI and Galil
- SKS with detachable magazine
The code lists over 21 specific semiautomatic firearms by name that are banned as assault weapons. However, any other models that are only variations of those weapons with minor differences, regardless of the manufacturer, are typically also banned.
Category Two – Series and Variants
Variations of the AK-series and Colt AR-15 series rifles, which include minor modifications but otherwise retain core design characteristics, are banned. The firearms listed by name in Categories One and Two are banned regardless of whether they have any features listed in Category Three.
Category Three – Firearms Defined by Features
California law bans specific weapons by general characteristics.
For example, a semiautomatic, centerfire rifle without a fixed magazine is banned as an assault weapon if it has any of the following:
- A folding or telescoping stock
- A protruding pistol grip beneath the action of the weapon
- A flare or grenade launcher
- A thumbhole stock
- A flash suppressor
- A forward pistol grip
A semiautomatic pistol without a fixed magazine is banned as an assault weapon if it has any of the following:
- A second handgrip
- The capacity to have a detachable magazine outside of the pistol grip
- A threaded barrel that can accept a flash suppressor, silencer, or forward handgrip
- A shroud that allows a person to fire the pistol without causing a burn to their hand, except for a slide that encloses the barrel
- A fixed magazine that can accept more than 10 rounds.
Any shotgun with a revolving cylinder is an assault weapon. A semiautomatic shotgun that does not have a fixed magazine or has both a telescoping/folding stock and a pistol grip that protrudes is also considered a banned assault weapon.
Starting August 6, 2020, Senate Bill 118 changed the definition of what constitutes an “assault weapon.” Now, it also includes certain semi-automatic firearms that aren’t rifles, pistols, or shotguns.
These are considered assault weapons if they either:
- Don’t have a permanent magazine, but have features typically found on assault weapons (like certain grips or stocks).
- Have a permanent magazine that can hold more than 10 bullets.
- Are shorter than 30 inches in total length.
Other firearms may also be included in the statutory definition of an assault weapon based on their characteristics. A complete list of banned assault weapons can also be found on the California Attorney General’s website.
What Are the Potential Penalties for Assault Weapon Charges?
Gun owners, sellers, manufacturers, and other parties with access to firearms should be familiar with the laws and restrictions for assault weapons in California. Ignorance of the law may not be a defense to criminal charges.
Manufacturing, selling, transporting, or possessing assault weapons in California is generally illegal. It is a wobbler that can be charged either as a felony or a misdemeanor. Additionally, a person may face federal gun charges if the weapon was brought into California across state lines.
The penalties for a conviction of possessing an assault weapon depend on the specific charges and whether there are aggravating factors present. A person could be sentenced to up to 3 years in state prison and fined up to $10,000. The court may impose probation and mandatory surrender of all firearms. A conviction could also result in the permanent loss of gun rights.
Contact Ahmed & Sukaram Criminal Defense Attorneys Today to Speak With a San Jose Weapons Charges Attorney
If you are facing an assault weapon offense, it is crucial to speak with a San Jose criminal defense lawyer as soon as possible.
If you have questions about an arrest for possession of assault weapons, Ahmed & Sukaram, Criminal Defense Attorneys, can help. A San Jose weapons charges lawyer from our firm can explain your legal rights and any potential defenses available.
For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500