Roberti-Roos Assault Weapons Control Act of 1989
The Roberti-Roos Assault Weapons Control Act of 1989 or AWCA, was a bit of buffoonery enacted by the state of California that banned over fifty specific brands and models of firearms – while mostly rifles, some were pistols and shotguns.
Many other similar models from other manufacturers existed at the time, these were not banned: AWCA banned only specifically named assault weapons. A few of these weapons, in fact, were not even pistol-gripped ‘ugly’ guns: for example, the Springfield Armory BM59 (essentially an M-1 Garand with detachable magazine), and the SKS with detachable magazine were both banned by this act. Yet these firearms are topologically similar to current California-legal detachable-magazine rifles like the M1A, Ruger Mini 14, and Kel-Tec SU-16.
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[edit] California Penal Code References
California Penal Code references used to describe various assault weapons.
Category I assault weapons are those specifically named by make and model in Penal Code §12276 (and echoed in California Code of Regulation §979.10). These firearms are assault weapons at even the bare receiver/frame level – regardless of any particular characteristic features. Thus an Uzi receiver would be banned by name, but a similar Group Industries receiver would be legal (as long as offending Category III features were not added).
Category II assault weapons consist of the AR15 and AK "series" of firearms. While AR and AK series were named in the original Roberti-Roos laws, due to various key court decisions about "series" membership it’s useful to refer to them as their own category, those these guns really have just fallen back into the Roberti-Roos list once listed by CalJustice.
Category III assault weapons are defined by characteristic features listed in PC 12276.1: The 'Roberti-Roos Assault Weapons Control Act of 1989, its subsequent augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004 has led to many restrictions on semi-automatic firearms.
[edit] Named Weapons banned
[edit] Weapons banned by Characteristics
In addition to a lengthy list of specific firearms that are banned by name, the following firearms are banned by characteristic:
- (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and 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.
- (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
- (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches [762 mm].
- (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
- (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
- (B) A second handgrip.
- (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
- (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
- (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
- (6) A semiautomatic shotgun that has both of the following:
- (A) A folding or telescoping stock.
- (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
- (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
- (8) Any shotgun with a revolving cylinder.
[edit] Kasler Decision
The California Supreme Court handed down its decision in Kasler v. Lockyer in August 2000. The original suit, in the mid-1990s, attacked the constitutionality of California’s 1989 Roberti-Roos assault weapons ban. The Court held against the plaintiffs; one resulting aspect of this decision was that the AWCA ’89 “series” terminology used for AR and AK type weapons applied to all similar weapons, regardless of nomenclature (manufacturer, model number, version, variant, etc.) This was of significance because, during the 1990s, tens of thousands of AR15-style and AK-style firearms were sold in California quite legally. For example, Colt sold the "Sporter" and "Match Target" rifles after the AR15 itself was banned by AWCA ‘89. The Kasler decision declared all such guns as assault weapons, triggering a requirement that they be specially registered with CalJustice. For intents and purposes Kasler declared all AK-style receivers and AR-style lower receivers as "named" assault weapons – regardless of presence of any attached characteristic features (pistol grips, folding stocks, etc.).
[edit] See also
- Assault Weapons Ban and Law Enforcement Protection Act of 2007
- Firearm case law
- Violent Crime Control and Law Enforcement Act
- Gun laws in the United States (by state)
- Gun Control Act of 1968
- Gun politics in the United States
- Political arguments of gun politics in the United States
