Ding126
07-28-2008, 05:46 PM
For the purpose of filing criminal charges against a defendant involving assault weapons or .50
BMG rifles, distinct and separate offenses may be filed for each assault weapon or .50 BMG rifle,
except in the case of a first violation involving not more than two firearms. (Penal Code § 12280.)
As of January 1, 2007, the legislature has repealed DOJ’s authority under Penal Code § 12276.1
to identify Colt AR-15 and AK-47 type “series” assault weapons by name, or to seek a judicial
declaration that a firearm is identical to an assault weapon listed in Penal Code section 12276.
The legislature has authorized the Attorney General, or any district attorney, or any city attorney
to bring an action in superior court, in lieu of criminal prosecution, to enjoin the possession of the
assault weapon or .50 BMG rifle, seek destruction of the weapon as a public nuisance, and to obtain
civil fines (Penal Code § 12282(b)).
As of January 1, 2007, California state law requires the destruction of any assault weapon or .50
BMG rifle declared by a court to be a public nuisance, or upon a conviction for “any misdemeanor
or felony involving the illegal possession or use of an assault weapon.” (Penal Code § 122882(c);
12282(d)).
As of January 1, 2007, the legislature has authorized law enforcement to obtain a court order to
preserve an assault weapon or .50 BMG rifle for law enforcement purposes “in the interests of
justice” (Penal Code § 12282(c)).
California Firearms
BMG rifles, distinct and separate offenses may be filed for each assault weapon or .50 BMG rifle,
except in the case of a first violation involving not more than two firearms. (Penal Code § 12280.)
As of January 1, 2007, the legislature has repealed DOJ’s authority under Penal Code § 12276.1
to identify Colt AR-15 and AK-47 type “series” assault weapons by name, or to seek a judicial
declaration that a firearm is identical to an assault weapon listed in Penal Code section 12276.
The legislature has authorized the Attorney General, or any district attorney, or any city attorney
to bring an action in superior court, in lieu of criminal prosecution, to enjoin the possession of the
assault weapon or .50 BMG rifle, seek destruction of the weapon as a public nuisance, and to obtain
civil fines (Penal Code § 12282(b)).
As of January 1, 2007, California state law requires the destruction of any assault weapon or .50
BMG rifle declared by a court to be a public nuisance, or upon a conviction for “any misdemeanor
or felony involving the illegal possession or use of an assault weapon.” (Penal Code § 122882(c);
12282(d)).
As of January 1, 2007, the legislature has authorized law enforcement to obtain a court order to
preserve an assault weapon or .50 BMG rifle for law enforcement purposes “in the interests of
justice” (Penal Code § 12282(c)).
California Firearms