“OTHER” “ASSAULT WEAPON” REGISTRATION OPENING OCT. 1

[Dirtlaw]

A question regarding shotguns. I apologize but I'm dealing with several firefights so time is precious. You attorneys understand what I mean. Anyway, assuming you want to establish that something is a shotgun and not an "other" what is the cite in this board (or better yet in the law) for the definition of shotgun (including required physical characteristics). I am thanking responders in advance.

[Quiet]

Penal Code 16640
(b) Nothing shall prevent a device defined as a “handgun” from also being found to be a short-barreled rifle or a short-barreled shotgun.

Penal Code 17180
As used in this part, “short-barreled shotgun” means any of the following:
(a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length.
(b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.

Penal Code 17190
As used in Sections 16530, 16640, 16870, and 17180, Sections 17720 to 17730, inclusive, Section 17740, Section 30215, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.

Penal Code 30515
(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but 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.
(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.
(4) A semiautomatic pistol that does not have a fixed magazine but has 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 the bearer’s 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 does not have a fixed magazine.
(8) Any shotgun with a revolving cylinder.
(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.

[bugsy714]

Interesting about having a barrel in your possession that would fit a legal shotgun and turn it into a short barrel shotgun and get your busted


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[Dirtlaw]

Effective date of Penal Code 30515 please. Also relationship to "other" legislation. Response highly appreciated.

[Dirtlaw]

Effective date of Penal Code 30515 please. Also relationship to "other" legislation. Response highly appreciated.

Michael?

[Quiet]

Effective date of Penal Code 30515 please. Also relationship to "other" legislation. Response highly appreciated.

01-01-2000 = PC 30515(a)(1),(2),(3),(4),(5),(6),(7),(8)
09-01-2020 = PC 30515(a)(9),(10),(11)



^Created by MICHEL & ASSOCIATES

[Dirtlaw]

Specifically, is the Tavor TS-12 now considered an assault weapon. Sorry to bother the team but like I said before, I'm in the middle of a firefight with Goliath.

[Quiet]

Specifically, is the Tavor TS-12 now considered an assault weapon. Sorry to bother the team but like I said before, I'm in the middle of a firefight with Goliath.

The IWI TS-12 does not meet CA's definition of an assault weapon.

The IWI TS-12 is a semi-auto shotgun with a three fixed tubular magazines and it does not have any features that are restricted for semi-auto shotguns under CA laws/regulations.


The CA legal definition of a "shotgun" requires both of the following: [PC 17190]
1. The firearm to be designed or intended to be fired from the shoulder.
2. The firearm discharges a shotgun shell through has a smoothbore barrel.
~The IWI TS-12 meets this definition because it's designed and intended to be fired from the shoulder and it discharges a shotgun shell through a smoothbore barrel.

The CA legal definition of a shotgun that is an "assault weapon" requires one of the following: [PC 30515]
A. The semi-auto shotgun to have a folding/telescoping stock and a pistol grip or any type of vertical grip or a thumbhole stock.
B. The semi-auto shotgun to not have a fixed magazine.
C. The shotgun to have a revolving cylinder.
~The IWI TS-12 does not meet any of these requirements. It does not have a folding/telescoping stock, it does not have a revolving cylinder, and it has a fixed magazine.
^The three tubular magazines on the IWI TS-12 can not be removed without disassembling the firearm's action, therefore it meets CA's legal definition of a "fixed magazine" [PC 30515(b) and 11 CCR 5471(k),(m),(n),(p),(w)]
^The three tubular magazines are required to be manually rotated in place and does not meet CA's legal definition of a "revolving cylinder". [11 CCR 5471(ii)]

The CA legal definition of an other firearm that is an "assault weapon" requires the firearm to not be a pistol, rifle, or shotgun: [PC 30515(a)(9),(10),(11)]
~The IWI TS-12 can not be defined as an "other assault weapon" because it meets CA's legal definition of a shotgun and "other assault weapons" can not be shotguns.

[Dirtlaw]

The IWI TS-12 does not meet CA's definition of an assault weapon.

The IWI TS-12 is a semi-auto shotgun with a three fixed tubular magazines and it does not have any features that are restricted for semi-auto shotguns under CA laws/regulations.

Quiet ... please send PM me your contact information. I value competent individuals. Few attorneys meet that standard.

[WingDings]