The Basics of California AR Stocks
A California legal AR stock is an AR stock that has been modified or built in compliance with California’s firearm laws. To be considered legal by the California Department of Justice, a stock must allow for a fixed magazine. In other words, the magazine must be fitted to the rifle in such a way that it does not have a removable magazine. As well, the stock must not contain any of the enumerated features which give California residents the ability to purchase and own such weapons.
In most cases, the stock would also be considered legal by the 2013 California law known as SB 23. SB 23 banned the usage of bullet buttons and outlawed all rifles manufactured after that date which had detachable magazines. For this reason , California AR stocks tend to be a bit pricier than stocks and rifles on the market in other states. They’ve been modified not to include removable magazines.
Because they cost a bit more than you’d have to pay if you were living outside of California, many gun enthusiasts have taken an interest in knowing exactly what AR Stocks Santa Clara County CA residents should buy so as to ensure that they’re getting a legal model. They want to own weapons that they know are within the law and which will not result in the loss of their firearms if anyone were to find out that these weapons are non-compliant.
California Laws Regarding AR Stocks
The California Penal Code, Section 12276.1, provides that "assault weapon" means any of the following: a semiautomatic or other multiburst semi-automatic rifle that has one or more of the following: a semiautomatic pistol that can accept any detachable magazine that is not carried in the hand closest to the trigger, a semiautomatic shotgun that has one or more of the following: and any firearm which the Secretary of the Department of Justice determines is substantially identical to any of the firearms listed in the above.
The typical shotgun grip-type AR stock allows for a "detachable magazine". The feature which typically causes this type of stock to be illegal / banned is the pistol grip. The Interchangeable Pistol Grip (aka, "the pistol grip that protrudes from the bottom"), which would come into play depending on the pistol grip angle."
This new stock should alleviate concerns related to the AR stocks. The new stock allows for the AR to still have a fully functional pistol grip and allow the magazine to remain "detachable". This stock type should be compliant as it doesn’t affect the configuration / features that are identified in the CA penal code.
However, even if the new stock is compliant (does not classify the AR as an "Assault Weapon"); your next step should be a review of the CA DOJ Assault Weapon regulations, to verify whether your firearm is still affected by the ban on ammunition magazines having a capacity greater than ten (10) rounds and the subsequent requirements of the ban on any magazine capacity greater that ten (10) rounds.
Characteristics of AR Compliant Stocks
California’s "Assault Weapons" law has very specific design features that a rifle must have to be considered a "legal" AR-type rifle for purposes of California law. One of the most important is what is known as a "fixed magazine." The firearm must be fed through a magazine that cannot be removed quickly from the firearm. This means that the magazine must be either permanently attached or attached and locked down so that it can only be removed after the separate release mechanisms of both the magazine and the rifle are released.
While this is one of the important design features that are characteristic of a "California legal AR," there are a number of items that, when combined with proper design features, make a rifle a "legal AR" in California. Some of these include:
Pistol Grip: A pistol grip where the "back strap" is entirely open to the rear; and the "bottom" (rear) of the grip is at an angle of less that 30 degrees compared to the center line of the bore of the barrel. Some grips on the market are not "banned," but are not "characteristic" of a California legal rifle. These features become important when trying to build a semi-automatic "non-AW" rifle for California compliance.
Bullet Button: This is a specialized device designed to lock or retain the magazine release button unless the user first uses a small tool, such as a bullet, to depress the magazine release button. Prior to January 1, 2017, this was a specialized device that many people were familiar with so they could easily determine if a rifle was or was not a "non-AW" under the law.
Magazine: Currently no more than ten (10) rounds of ammunition capacity. However, new legislation is scheduled to take effect July 1, 2016 that will redefine the term "magazine" to mean any ammunition feeding device, without limitation on caliber, and reduces the allowed ammunition capacity down to any magazine with an overall capacity of ten rounds.
Rail Covers: This is rail panel cover made out of a material that does not give an attacker any advantage for grip over the rifle. Many people use simple rubber rail covers that provide an alternative gripping surface without giving the attacker a grip.
There are other parts and accessories designed to comply with California law while providing the user with some level of aesthetic and ergonomic diversity. Some people become overly concerned with colorful names and vague definitions associated with the California law. The main concern is with the specific stipulations of the law. If your rifle meets these criteria, then you have a rifle that is "legal" in California.
Complying with the Law: California-Approved AR Stocks
It’s a fact: the California Department of Justice has already issued citations to AR owners who are using non-compliant AR stocks. Law enforcement will most likely continue to issue citations when they encounter individuals with non-compliant AR stocks in California.
A simple explanation of the penalty for possessing an illegal assault weapon in California is penal code 30605, which provides: (a)A person who as a principal claims any privilege, immunity, or protection afforded by law, including, but not limited to, the privilege against self-incrimination, and who tenders a plea of guilty, nolo contendere, or otherwise admits guilt or pleads guilty or no contest in connection with the illegal possession of an assault weapon, including, but not limited to, an assault weapon as defined in Article 2 (commencing with Section 30510), shall be punished by a fine of one thousand dollars ($1,000) for a first offense. (b)A person who pleads guilty or no contest, or otherwise admits guilt or pleads guilty or no contest, to the illegal possession of an assault weapon, including, but not limited to, an assault weapon as defined in Article 2 (commencing with Section 30510), shall, in addition to the imposition of a fine pursuant to subdivision (a), be subject to a fine of one thousand dollars ($1,000). (c)(1)In addition to a stated fine, a first conviction of illegally possessing an assault weapon, as defined in Section 30515, 31720, or 32110, shall subject a person to a minimum of six months of imprisonment in a county jail, or by a fine equal to that amount of the minimum fine, or by both that fine and imprisonment. Any act in furtherance of the offense shall constitute a first offense. (2)A second or subsequent violation of this section shall be punishable by imprisonment for two years.
The above laws apply to the specific possession of an illegal assault weapon. Other features may lead to other violations of the law. For example, there are separate provisions of law relating to the possession of illegal assault weapons that are not registered in the automatic registration system. California Penal Code section 30900(c) provides: (c)(1)Any person who lawfully owns and possesses an assault weapon, including, but not limited to, an assault weapon described in Section 30510, subparagraph (C) of paragraph (3) of subdivision (a) of Section 30515, and paragraph (2) of subdivision (a) of Section 30605, may keep and possess that assault weapon lawfully transferred to that person by complying with subdivisions (a), (c), and (d) of former Section 30910, as that section read on September 13, 2004, for as long as the transferor remains the registered owner of that assault weapon pursuant to Section 30905, or the person complies with the requirements of this chapter applicable to assault weapons not identified in Section 30510 or 30515, and subdivision (a) of Section 30605, provided that the person is not otherwise prohibited by law from possessing firearms. This paragraph applies only to transfers of assault weapons that occurred prior to January 1, 2007.
This means if your AR stock is not explicitly described under Penal Code section 30510(a)(9) and 30515, and it is not expressly excluded under Penal Code section 30515(b), you may avoid the penalties associated with possessing a non-compliant AR stock if the assault weapon with the non-compliant AR stock was lawfully possessed (registered under the 1991 registration system) by the original purchaser of the firearm.
However, it is important to note that if you are pulled over by a law enforcement officer who asks you about your firearm with a non-compliant AR stock, you must read Penal Code section 30900(c) to law enforcement, as that law explains that your non-compliant AR Stock is lawful AND that you can possess the firearm while making the appropriate registration of the firearm. Failure to inform law enforcement that your non-compliant AR stock is registered under the 1991 registration system could lead to criminal prosecution under Penal Code section 30900(a).
We are aware of a number of instances where individuals have been cited for the possession of an unregistered assault weapon. For example, if you are pulled over for an illegal brake light and the police discover that you have an AR, be ready to explain why you believe the weapon is not an illegal assault weapon and where the AR was purchased. If you are ready with the facts, law enforcement may overlook your possession of an unregistered assault weapon. If you are not ready with the facts, expect to get a citation and go to court. If you are serious about your defense, then hire a criminal defense attorney.
We suggest that you have the following information ready if you have an AR with a non-compliant variant stock: (1) paperwork showing that you were an owner/purchaser of an AR-15 in the past (may require an originator brochure or registration under the 1991 registration system), (2) a copy of this Penal Code section that shows that you may lawfully possess the AR with a non-compliant variant stock, and (3) any other paperwork from your county that explains registration of your AR with a non-compliant AR stock variant. Alternatively, you may bring your AR to a law firm before August 1, 2014, and have a special designation made that can assist you in avoiding arrest and/or a citation as we have done for a number of customers.
We assume that the California Department of Justice will soon issue a letter to law enforcement clarifying the rules surrounding the possession of ARs with non-compliant stocks.
Recent Developments in AR Stocks
The past couple of year have seen a bit of changes to California’s laws around AR stocks, and it appears that at least one more can be added to the list of changes that are expected to come into effect for 2019. As many AR-style rifles are illegal, but a good number of them are legal in their configuration with a bullet button and the limited magazine release capabilities that this device allows.
The problem that has happened with these devices is that they were supposed to be broken as this would prevent removal of a magazine somewhat. It has become evident that many people have chosen to simply flip the device around and continue operation in the exact fashion that they were designed to be avoided with the Bullet button. The new 2019 law places the responsibility of how the device is configured on the user.
For gun buyers, it may not matter what sort of device is installed so long as the effective range and ability to shoot is there . For gun manufacturers and importers however, this is a completely different realm that involves both state and federal laws that must be met. What this means is that any gun manufactured, imported or sold must meet these requirements and it does not change the end behavior of the gun for the buyer. It’s the difference between selling an empty soda bottle to someone and allowing them to fill it up and drink from it versus selling it to someone who claims they collected them as art.
California law is already very specific in what does or does not make a gun an "assault weapon" or an "assault shotgun." This means that there is a very fine line that you need to follow by law in your ownership of guns, and even the slightest mistake could cause a massive court case that could cost thousands and potentially even lead to jail time. It’s a serious consideration for even experienced owners, so it’s best to avoid the issue altogether and stay away from illegal modifications.
Choosing Approved AR Stocks for Your Firearm
When choosing an AR stock for your California compliance weapon, the stock must be compatible with the Maglock bullet button system. In addition, the stock must be pinned to a fixed position to meet the 26" overall length requirement. There are multiple options for what type of stock to use. Pistol grip style stocks are the easiest ones to use and are acceptable under California law. Other options include fixed stocks with a simple pistol grip attached or a single shot shotgun style stock. All of these stocks meet California laws as long as Maglock is being used to attach a fixed magazine to the lower receiver and the overall length requirement is met.
In a pre-September 2013 AR-15 lower receiver, all that is required to change the original stock into a compliant pistol grip stock is to remove the screws at either end of the factory stock and attach the Maglock bullet button system to the rear of the lower. A wood dowel is attached to the stock with screws and the lower receiver is then reassembled. In a post-September 2013 AR-15 lower, the grip fin with a magazine release latch at the rear of the receiver is used to convert the rifle into a legal configuration. This is attached via screws at either end of the factory stock. The same method is then used to attach the Maglock bullet button system to the rear of the lower and the rifle is reassembled. In both configurations, the overall length of the complied weapon does need to be met.
Helpful References for California Gun Owners
As a part of the AR stock registration process, gun owners have many opportunities to receive guidance and support for what the AR stock regulations mean and how they apply to a particular gun owner’s needs. California gun owners will want to use every possible legitimate source of support when complying with AR stock registration rules.
As the publisher of this website, I do not charge for either legal advice or information about the AR stock laws, so feel free to call me any time for assistance. While I do a small amount of traditional legal representation, I do not offer that service specifically because of the AR stock registration requirements. In fact, I represent gun owners for violations of AR stock laws in California in criminal courts across California , representing those gun owners who believe that their legal rights have been violated. If you contact me for legal advice on your AR stock registration options or other matters, I can give you comprehensive information and help you to understand your options at no charge.
If you have questions on the gun ownership requirements of California law, you can always visit the calguns.net website. This website is the most extensive gun rights website in the state of California, and has many resources for California gun owners to not just comply with California gun laws, but to also improve your gun ownership rights under those laws.
Of course, both California state and local agencies also have gun owners’ resources available. All available California gun owner resources will help you to comply with state and local gun ownership laws, regardless of what kind of guns you own or are considering purchasing.