Spirit of the Sportsman

I was recently asked by a friend “which is the best California legal carbine?” This question, like many others can best be answered with the phrase “it depends”.

Let us begin by defining terms:

California Legal: For the purposes of this discussion we will presume that the consumer is an adult citizen, NOT a law-enforcement officer and a resident of California who is NOT legally prohibited from owning a firearm and that the firearm has yet to be purchased by the consumer.

Carbine: A carbine is created by taking a full-sized rifle and making it more portable usually by decreasing the size and weight. Since a ‘carbine’ is a portable version of a full-sized rifle, the carbine must use full-sized centerfire ammunition.

Best: We will judge which carbine is ‘best’ based on a combination of factors: reliability, effectiveness and cost.

California Legal
Disclaimer: Consult the office of the California attorney general and your own legal counsel in order to verify you are in compliance with the law.

California maintains the most prohibitive and confusing state laws in the western United States on certain semi-automatic rifles which they refer to as ‘assault weapons’ and therefore deem illegal.

“Assault” is a behavior, not a set of features. An ‘assault weapon’ is any device used while engaging in an assault of a person from a broken beer bottle to a explosive. The legislators of the state of California have a different view.

Instead of bemoaning the lack of logic in the ‘assault weapons’ ban, let us learn to deal with the ban. Knowing California state law regarding firearms is a good way to stay out of trouble.

The legislation which established the California ban is known as the Roberti-Roos Assault Weapons Control Act of 1989 (AWAC). The AWAC covers rifles, pistols and shotguns as well as magazines (ammunition feeding devices) over 10 rounds. For the purposes of this discussion we will discuss only rifles covered under the ban.

According to the AWAC, a firearm is an ‘assault weapon’ if it falls into one of three categories:

Category 1: Specifically Named Weapons
If the weapon was named specifically by name, then regardless of features it is an ‘assault weapon’. The first legislation banned weapons by make and model such as ‘Colt AR-15′. This led companies to rename their weapons to legally sell them in California which in turn led to California legislators to expand the ban to categories 2 and 3.

Category 2: AR15 and AK “series” of firearms
If the weapon is from the AR15 and AK “series” of firearms, California considers it an ‘assault weapon’. This is perhaps the most confusing and ambiguous piece of legislation in the AWAC and was made worse during a court decision known as Kasler V Lockyer which essentially placed a blanket ban on all weapons that were even remotely similar weapons specifically named. In short, if the rifle is ‘anything like’ an AR or AK type weapon, it is illegal. The obvious follow-up question is ‘define and AR or AK type weapon’ which is why category 3 exists.

Category 3: Ban By Features
California classifies a rifle as an ‘assault weapon’ if the rifle contains any combination of two or more characteristics named below

12276.1 (a) Notwithstanding Section 12276, “assault weapon” shall also mean any of the following:
1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
2. A thumbhole stock.
3. A folding or telescoping stock.
4. A grenade launcher or flare launcher.
5. A flash suppressor.
6. 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 has the capacity to accept a detachable magazine and any one of the following:
1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
2. (B) A second handgrip.
3. 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.
4. The capacity to accept a detachable magazine at some location outside of the pistol grip.

As you can see, this means the vast majority of magazine fed, semi-automatic carbines are illegal in California. Instead of debating the merits of California law, we will discuss which carbines are legal.

There is a ‘grandfather’ clause for weapons and magazines. The weapons must have been legally purchased by the owner AND must have been registered with the California department of justice BEFORE the ban took effect. Even when fully registered, the ‘assault weapon’ cannot be sold, transferred (even by inheritance) or transported anywhere except to a shooting range.

As semi-automatic weapons are banned by two or more specific characteristics, the key is to have only one of the specific characteristics to remain legal. A rifle that is a semi-automatic carbine that accepts a detachable magazine you have used (1) of the banned features. Add one more banned feature and the state of California considers it an ‘assault weapon’ and therefore illegal.

These are some of the carbines that are not considered ‘assault weapons’ because they have only one banned feature (semi-auto carbine that accepts detachable magazines):

Kel-Tec SU-16CA
Calibers: .223 Rem, 5.56mm
Weight unloaded: 4.7lbs. 2.1kg
Length: 35.9″ 912.0mm
Length Folded: 24.9″ 632.7mm
Barrel length: 16.0″ 406.4mm
Magazine Capacity: 10 rounds, M-16 compatible
MSRP: $ 770.00

“The SU-16CA is a hybrid of the SU-16C and SU-16A rifles. It comes with the same 16-inch barrel with Chrome-lined bore and chamber and 1/2-28 threads as the C model. All features from the C model are retained and combined with the stock of the A model. The SU-16CA will come with 2 10 round magazines that store in the stock and all the same Parkerized parts as the C model. Like the A model, the SU-16CA can be folded for storage and it will not fire in the folded position. This allows for it to be purchased in most states that still have an “Assault Weapons Ban”.

The SU-16CA is legal because it has only (1) banned characteristic, it is a magazine fed semi-automatic rifle that uses centerfire ammunition. Notice it does not have the accessories found on other Kel-Tec rifles such as a flash hider, pistol grip or bayonet lug. The Kel-Tec uses the familiar AR-15 type magazine in various capacities but comes standard with a 10-round magazine.

Ruger Ranch Rifle
Manufacturer: Sturm, Ruger & Co., Inc. Ruger.com
Model: Mini-14/30/6.8
Calibers: .223 Remington/ 7.62 x 39 mm/ 6.8 mm
Action Type: gas-operated, center-fire semi-automatic rifle
Barrel: matte finish chrome-moly steel; 16 1⁄8″
Magazine: 10-round steel detachable box
Overall Length: 35 3⁄8″
Weight: 6 lbs., 12 ozs.
MSRP: $650.00

The Ruger Ranch rifles come in three different calibers and use a proprietary Ruger magazine in various capacities but comes standard with a 10-round magazine.

“The Mini-14, Mini Thirty, and Mini-6.8 are small, lightweight semi-automatic carbines manufactured by the U.S. firearms company Sturm, Ruger. The Mini-14 non-target versions can fire both the popular .223 Remington cartridge and the similar military 5.56×45mm cartridge. The target model Mini-14 rifles are chambered only for the .223 Remington cartridge. The Mini Thirty uses the 7.62×39mm and the Mini-6.8 fires 6.8 mm Remington SPC. Since 2005, all models are marketed under the name Ranch Rifle.

M1A Scout Squad/SOCOM
Manufacturer: Springfield Armory
Model: M1A Scout Squad/ SOCOM
Operation: Gas-operated autoloader
Caliber: .308 Winchester/ 7.62 x 51 mm
Capacity: 10 rounds
Barrel Length: 16.25 inches
Overall Length: 37.25 inches
Weight Empty: 8.9 pounds

What appears to be a flash suppressor is actually a ‘muzzle break’ which is not on the California list of banned characteristics. The M1A uses a proprietary M1A magazine available in various capacities but comes standard with a 10-round magazine.

Saiga Rifle
Manufacturer: Saiga (Imported by European American Armory)
Model: Auto-loading rifle
Operation: Gas piston-operated autoloader
Caliber: 5.45 x 39mm, .223 Remington, 7.62 x 39mm, .308 Winchester/ 7.62 x 51 mm, various shotgun cartridges
Capacity: 10 rounds
Barrel Length: 16.25 inches
MSRP: $325.00

The Saiga is a Russian-made carbine that uses the AK-47 action, accepts AK-type magazines (10-round standard) and has all banned characteristics removed.

Part 2
Part 3

Purchasing a rifle that has only one of the banned features directly from a fully licensed firearms dealer is my first recommendation to folks looking for a California legal carbine.

Tags: California legal, Carbine

This entry was posted on Tuesday, February 2nd, 2010 at 5:49 pm and is filed under Shooting. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.