Can You Register An Hk Sp89 As An Assualt Weapon In California
May 29, 2013 | 2013-R-0241 | |
WEAPONS BANNED Equally Set on WEAPONS | ||
By: Veronica Rose, Chief Annotator |
You lot asked for a brief explanation of the attack weapons ban and a listing of weapons subject to the ban.
SUMMARY
With minor exceptions, state law prohibits giving an set on weapon to anyone; distributing, transporting, or importing an assault weapon; or keeping, offering, or exposing any such weapon for sale. It likewise, with pocket-size exceptions, prohibits possession of an assault weapon unless the owner lawfully possessed the weapon before the ban took effect and obtained a certificate of possession from the Section of Emergency Services and Public Protection (DESPP) for it (in effect, registered the weapon).
The police defines an "assault weapon" as (ane) a selective-burn firearm capable of fully automated, semiautomatic, or burst burn at the user ' s selection; (2) any of more than 150 named semiautomatic firearms, including semiautomatic centerfire rifles and semiautomatic pistols (encounter Appendix ane); (3) a semiautomatic firearm that has sure features; and (4) a shotgun with a revolving cylinder.
The definition of an "assault weapon" includes any part or combination of parts designed or intended to convert a firearm into an attack weapon or whatever combination of parts from which ane may exist rapidly assembled if possessed or controlled by the aforementioned person. It does not include (1) firearms rendered permanently inoperable or (2) unassembled parts or combination of parts possessed past a licensed gun dealer or gunsmith he or she employs for repairing or servicing a lawfully possessed weapon.
ASSAULT WEAPONS
The law, with limited exceptions, bans assault weapons. The initial assault weapons ban was passed in 1993 (PA 9 iii-306 ). A 2001 act (PA 01-130 ) expanded the ban, and a 2002 act (PA 02-130 ) exempted possession of certain types of weapons from the ban. This yr, PA 13-3 substantially expanded the ban and made other substantive changes. (For a more than detailed legislative history of the assault weapons ban, see OLR Report 2012-R-0362 .)
With limited exceptions, it is illegal to give anyone an attack weapon; ship, distribute, or import attack weapons; or sell, keep, or offer them for sale. It is also, with exceptions, illegal to possess assault weapons, except lawfully possessed pre-ban assault weapons, provided the owner duly registered the weapon with DESPP or, in the case of assault weapons banned by PA 13-3, applies to annals the weapon past January one, 2014 (CGS �� 53-202b and 53-202c , as amended by PA 13-3 ).
Illegal possession of an assault weapon is a form D felony, punishable past a fine of up to $5,000 and imprisonment for up to five years, with a mandatory minimum ane-year prison house term. But a get-go-time violation is a class A misdemeanor, punishable past a fine of upwards to $ii,000 and imprisonment for upwardly to one year, if the violator tin evidence that he or she lawfully possessed the weapon before the ban and has otherwise complied with the constabulary. Illegally transporting, selling, or giving an assault weapon is a class C felony, punishable by a fine of upward to $10,000 and imprisonment for upwardly to ten years, with a two-year mandatory minimum prison house term or, in the case of transfers to people under age 18, an additional half dozen-year mandatory minimum (CGS �� 53-202b and 53-202c , as amended by PA 13-3).
For exceptions to the assault weapons ban, see Appendix ii.
Set on Weapon Divers
The law, as amended by PA 13-3 , defines an "assault weapon" equally:
1. any selective-fire firearm capable of fully automatic, semiautomatic, or flare-up fire at the user ' southward pick;
2. any of a list of named semiautomatic firearms, pistols, or centerfire rifles or copies or duplicates with their capability in production on or before April 4, 2013 (see Appendix ane);
3. any IZHMASH Saiga 12 shotguns or copies or duplicates with their capability in product on or before April four, 2013;
4. a semiautomatic pistol or semiautomatic centerfire rifle that has a fixed magazine that can agree more than than 10 rounds;
five. a semiautomatic centerfire rifle shorter than 30 inches;
6. a semiautomatic shotgun that can take a detachable magazine;
7. a semiautomatic shotgun that has both (a) a folding or telescoping stock and (b) a grip, including a pistol grip, thumbhole stock, or other stock that, when used, would let a person to grip the weapon, resulting in any finger on the trigger hand and trigger finger being directly below any role of the action of the weapon when firing; and
8. a shotgun with a revolving cylinder.
The definition of an set on weapon includes any semiautomatic centerfire rifle that can take a detachable magazine (one that can be removed without disassembling the firearm action) and has at least one of the following features:
i. a folding or telescoping stock;
2. a grip, such as a pistol grip, a thumbhole stock, or other stock, the use of which would permit an private to grip the weapon, resulting in any finger on the trigger hand in add-on to the trigger finger beingness straight below whatsoever portion of the action of the weapon when firing;
iii. a forward pistol grip;
4. a flash suppressor; or
5. a grenade launcher or flare launcher.
The definition of an assault weapon as well includes whatever semiautomatic pistol that has the ability to take a detachable magazine and has at least one of the following features:
1. the ability to accept a detachable armament magazine that attaches at some location outside of the pistol grip;
2. a threaded barrel capable of accepting a wink suppressor, forwards pistol grip, or silencer;
3. a shroud fastened to, or that partially or completely encircles the butt and permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel; or
4. a 2d hand grip.
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Appendix 1
Tabular array 1: List of Assault Weapons Named in Statutes
Weapon Name | |
Algimec Agmi | Heckler & Koch HK-91, HK-93, HK-94 and SP-89 |
AK-47 or -74* | Holmes MP-83 |
AKM* | Intratec TEC-DC9 & AB 10* |
AKS-74U* | Intratec TEC-9 and Scorpion |
American Spirit AR-xv* | I.O. Inc. Hellpup AK-47* |
AR-x or -15* | I.O. Inc. PPS-43C* |
ARM* | Iver Johnson enforcer model 3000 |
Armalite AR-180 | IZHMASH Saiga AK* |
Armalite K 15* | Kel-Tec PLR-sixteen Pistol* |
Australian Automatic Arms SAP pistol | Kel-Tec Sub-2000, SU rifles, and RFB* |
Auto-Ordnance Thompson blazon | MAC-10, MAC-11, and MAC xi carbine type |
Avtomat Kalashnikov AK-47 blazon | MAADI AK 47* |
Barrett M107A1 or REC7* | MAK90* |
Barrett Low-cal-Fifty model 82A1 | Masterpiece Arms MPA pistols* |
Beretta AR-70 | Mini-Draco AK 47* |
Beretta Tempest* | MISR* |
Bushmaster motorcar burglarize | NHM90 & NHM91* |
Bushmaster auto pistol | Norinco 56, 56S, 84S, & 86S* |
Bushmaster Carbon xv* | Olympic Arms AR-15, A 1, CAR, PCR, K3B, K30R, K16, K48, K8, & K9 rifles* |
Bushmaster XM xv * | Poly Technologies AKS and AK 47* |
Bushmaster ACR rifles* | Remington tactical Rifle Model 7615* |
Bushmaster MOE rifles* | Rock River Arms LAR-47* |
Calico Freedom Three and Iii Tactical Pistols* | Rock River Arms LAR fifteen* |
Calico Freedom 50, fifty Tactical 100, 100 Tactical, I, 1 Tactical, II and II Tactical Rifles* | Ruger Mini-14/5F folding stock model |
Calico Models M-900, M-950, and 100-P | SA 85 or SA 93* |
Chartered Industries of Singapore SR-88 | SAR-viii, SAR-4800, SR9* |
Chiappa Firearms Mfour-22* | Scarab Skorpion |
Centurion 39 AK* | SIG 57 AMT and 500 series |
Colefire Magnum* | SIG Sauer P516 and P556 pistols* |
Colt AR-15 | Sig Sauer 551-A1, 556, 516, 716, and K 400 Rifles* |
Filly Match target Rifles* | SLG 95* |
Colt Sporter | SLR 95 or 96* |
Daewoo AR 100 and AR 110C* | Smith and Wesson M&P15 rifles* |
Daewoo K-ane, K-2, Max-1 and Max-2 | Spectre Motorcar Carbine |
Doublestar AR rifles* | Spectre machine pistol |
Doublestar Corporation AR* | Springfield Armory BM59, SAR-48 and G3 |
DPMS AR-15* | Sterling MK-6 and MK-7 |
DPMS Tactical rifles* | Steyr AUG |
Draco AK-47* | Street Sweeper and Striker 12 revolving cylinder shot gun |
DSA SA58 PKP FAL* | Thompson TA 5 pistols* |
Encom MK-4, MP-9, and MP-45 | TNW M230 and M2HB* |
Fabrique Nationale/F/Northward 308 Friction match and L1A1 Sporter* | USAS-12 |
Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC | UZI carbine |
FAMAS MAS 223 | UZI mini-carbine |
Feather AT-9 and Mini-AT | UZI pistol |
Federal XC-900 &XC-450 | Valmet M62S, M71S & M78S* |
Franchi SPAS-12 & LAW 12 | Vector Arms AK-47 or UZI* |
Galil AR & ARM | Velocity Arms VMA pistols* |
Galil and Galil Sporter* | VEPR* |
German Sport 522PK* | WASR-10* |
Goncz High-Tech carbine | Weaver Artillery Nighthawk |
Gonz High-Tech long pistol | Wilkinson "Linda" pistol |
HCR AK-47* | Wilkinson Arms Linda Carbine* |
Howdy-Point Carbine Rifles* | WUM* |
HK USC* | Yugo Krebs Krink* |
HK-PSG-1* |
*Weapons added by PA 13-3 . The ban applies to the named weapons or copies of duplicates with their capability in production on or before Apr 4, 20
Appendix two
EXCEPTIONS TO THE Set on WEAPONS BAN
Constabulary Enforcement and Military
The police force, equally amended by PA xiii-3 , allows the sale of assault weapons to DESPP, the Section of Correction, police departments, and the country and U.Due south. military for apply (1) in the discharge of their official duties or (2) off duty. It allows possession by members and employees of these entities for official utilise. Information technology besides allows sales to and possession by employees of a Nuclear Regulatory Committee licensee operating a nuclear power institute in Connecticut and any person, house, corporation, contractor, or subcontractor providing security at the plant, for use in the discharge of their official duties.
Manufacturers
Any person, business firm, or corporation engaged in the concern of manufacturing assault weapons in Connecticut may industry or transport them for sale in land to exempt parties or out of state (CGS � 53-202i , every bit amended past PA 13-3 ).
Select Pre-1994 Rifles
Past law, assault weapons not listed by name merely defined past characteristic nether the police prior to the passage of PA xiii -3 are exempt from the set on weapons transfer and registration requirements if they were legally manufactured earlier September thirteen, 1994 (CGS � 53-202m ). PA thirteen-3 retained the exemption but eliminated the referenced provisions describing the features. Thus, the status of these pre-1994 weapons is unclear.
Other Exemptions
In addition to assail weapon owners, who may possess duly registered weapons under prescribed circumstances, the law allows possession of registered attack weapons by (1) estate executors or administrators under prescribed circumstances or as authorized past the probate court, (two) licensed gun dealers for servicing and repair, and (3) gunsmiths employed past a licensed gun dealer or a federally licensed gunsmith with whom the dealer contracts to provide gunsmithing services and who likewise has a permit to sell handguns.
Source: https://www.cga.ct.gov/2013/rpt/2013-R-0241.htm
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