DOJ Firearms Division

Department of Justice Regulations for Assault Weapons and Large Capacity Magazines

FINAL STATEMENT OF REASONS

Hearing Dates:  February 24, 2000, Sacramento, California
                         February 28, 2000, Los Angeles, California


UPDATE TO INITIAL STATEMENT OF REASONS

1. SECTION 978.10 Title and Scope
2. SECTION 978.20 Definitions of Terms Used to Identify Assault Weapons
3. SECTION 978.30 Requirements for Assault Weapon Registrations Pursuant to Penal Code Section 12285
4. SECTION 978.31 Fees
5. SECTION 978.32 Processing Times
6. SECTION 978.33 Voluntary Cancellations
7. SECTION 978.40 Requirements for Large Capacity Magazine Permits Pursuant to Penal Code Section 12079
8. SECTION 978.41 Processing Times
9. SECTION 978.42 Term Length of Large Capacity Magazine Permits
10. SECTION 978.43 Large Capacity Magazine Permit Record Keeping
11. SECTION 978.44 Large Capacity Magazine Permit Revocations

There is no information to be updated.  This section was adopted as originally proposed.

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Section 978.20 further defines terms used in Penal Code section 12276.1 to describe the characteristics that identify a firearm as an assault weapon.  The six terms (Section 978.20 (a-f)) initially identified in this section are addressed separately relative to the revisions made to each of the original definitions proposed by the Department and subsequently noticed and modified.

The proposed definition as originally noticed to the public defined a detachable magazine as "any magazine that can be readily removed without the use of tools."  During the initial public comment period (December 31, 1999 through February 28, 2000), comments were received that caused the Department to make revisions to the definition.  Comments expressed concern about the use of the term "magazine," which is often erroneously used to describe clips that are used to load ammunition into a fixed magazine.  Recognizing that to be true, the Department changed the word "magazine" to the statutory term "ammunition feeding device" (PC section 12276.1(c)(1)).  The Department also added the phrase "without disassembly of the firearm action" as a result of public comment stating that there are firearms with fixed magazines that can be field stripped (disassembled in the field) without using any tools (such as the M1 Garand).  Including those firearms in the definition of a "detachable magazine" would have been inconsistent with the legislative intent of the statute.  Several comments were made that claimed that an assault weapon pursuant to PC section 12276 has a detachable magazine requiring the use of a bullet tip or cartridge to remove it from the firearm.  The comments claimed that if a bullet or ammunition cartridge were to be considered a tool, these types of firearms statutorily defined as assault weapons would not meet the definition of having a detachable magazine.  For that reason the Department added "For the purpose of this definition, a bullet or ammunition cartridge is not a tool."  It was also necessary to add linked or belted ammunition to the definition of an ammunition feeding device because that type of ammunition system feeds cartridges directly into the firing chamber, like the spring and follower of a box-type magazine.  The definition was accordingly revised to read "detachable magazine means any ammunition feeding device that can be removed readily from the firearm without disassembly of the firearm action or the use of a tool(s).  For the purpose of this definition, a bullet or  mmunition cartridge is not a tool.  Ammunition feeding device includes any belted or linked ammunition." This revised definition was noticed to the public in the first of two 15-day comment periods (May 10 through May 30, 2000).  The change in terms from a magazine to an ammunition feeding device prompted new comments relating to firearms that use clips, stripper clips, and en bloc clips to load ammunition into fixed magazines.  Although people affected by the regulations understand ammunition clips are clearly not considered magazines, use of the statutory term "ammunition feeding device" caused the affected parties to speculate that clips may be included in the definition.  The exclusion of clips from the definition is necessary to keep the legislative intent of the statute intact. Comments also claimed that a bullet or ammunition cartridge should be considered a tool because the type of firearm that utilizes a bullet or ammunition cartridge to release the magazine is a firearm with a fixed magazine, clearly not intended by the Legislature to be categorized as an assault weapon.  The Department further researched the claims and confirmed that it is necessary to identify a bullet or ammunition cartridge as a tool to allow certain firearms with fixed magazines to remain fixed by definition.  The definition was again revised to read "detachable magazine means any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor the use of a tool being required.  A bullet or ammunition cartridge is considered a tool.  Ammunition feeding device includes any belted or linked ammunition, but does not include clips, en bloc clips, or stripper clips that load cartridges into the magazine." This second revision prompted a second 15-day comment period (July 12 through July 31, 2000).   None of the comments received during the second 15-day comment period warranted additional revisions to the definition.

This term was originally defined as "any device that reduces or conceals the visible light or flash created when a firearm is fired.  This definition includes flash hiders, but does not include compensators and muzzle brakes (devices attached to or integral with the muzzle barrel to utilize propelling gasses for counter-recoil)."  There were two primary problems with the definition when it was originally noticed to the public (December 31, 1999 through February 28, 2000).  The most significant problem with the original definition was that it included and/or excluded particular devices by name (flash hider, muzzle brake, compensator) without consideration of whether the devices actually suppress flash. After further consideration prompted by public comments, the Department concluded that the absence of statutorily defined specific measurement standards or a statutory requirement to establish those standards demonstrates a legislative intent to identify any device that reduces or redirects flash from the  shooter's field of vision as a flash suppressor regardless of its name and intended/additional purpose.  Thus, "flash hiders" are flash suppressors only if they reduce or redirect flash from the shooter's field of vision.  Conversely, "compensators" and "muzzle brakes" are not flash suppressors only if they do not reduce or redirect flash from the shooter's field of vision.   The revised definition is clearly consistent with the legislative intent of the statute as it neither includes nor excludes any particular device on the basis of its name only.   Additionally, "conceals" in the original definition presented the possibility of an overly broad interpretation which could have included any device positioned between the shooter's eye and the muzzle flash, such as the sights on a gun.  To avoid such unintended interpretation, the word "conceals" was replaced with "redirects."  Accordingly, the original definition was changed to: "flash suppressor means any device that reduces or redirects muzzle flash from the shooter's field of vision." This revised definition was noticed to the public during the first 15-day comment period (May 10 through May 30, 2000).  Comments addressing this version of the definition prompted further reconsideration and revision.  As such, the definition was revised a second time by replacing " . . . that reduces or redirects muzzle flash  . . . " with " . . . designed, intended, or that functions to reduce or redirect muzzle flash . . . "  This change was necessary because it became clear that flash suppressors are typically attached by twisting or screwing the device onto the threaded barrel of a firearm.  Therefore, by simply making a half turn (180 degrees), an otherwise fully operational flash suppressor would not function as prescribed in the prior definition.  The revised definition eliminates this potential loophole.  Accordingly, this final revision "flash suppressor means any device designed, intended, or that functions to reduce or redirect muzzle flash from the shooter's field of vision," was noticed during the second 15-day comment period (July 12 through July 31, 2000).  Although additional comments were received, no comments were received during the second 15-day comment period that resulted in substantial revision to the definition.  However, the Department made a non-substantial revision by adding "perceptibly" to the phrase "reduce or redirect" to confirm that if a reduction or redirection of flash is so minuscule that it is imperceptible to the human eye, it could not reasonably be considered a reduction.

The proposed definition originally noticed to the public defined a forward pistol grip as "any protrusion in front of the trigger that is designed or intended to grasp and control the firearm."  As a result of public comment during the initial comment period (December 31, 1999 through February 28, 2000), the Department determined the term "any protrusion" appeared to lack clarity in that it could include many shooting accessories or parts of the firearm that may be used to grasp and control the firearm, but could not be considered forward pistol grips, such as sling swivels, bipods and monopods, palm rests, etc.  The definition was therefore revised by replacing "any protrusion" with "a grip that allows for a pistol style grasp."  The Department believes that the concept of a "pistol style grasp" is generally understood by persons affected by the regulations.  The revised definition:  "forward pistol grip means a grip that allows for a pistol style grasp forward of the trigger" was then noticed to the public during the first 15-day comment period (May 10 through May 30, 2000).  Although additional comments were received, no comments were received during the first 15-day comment period that warranted additional revisions to the definition.

As originally noticed to the public, the statutory term "permanently altered" was defined to mean "any irreversible change or alteration."  However, after consideration of public comment received during the initial comment period (December 31, 1999 through February 28, 2000), the Department determined that the proposed definition failed to provide any additional clarity to the statutory term "permanently altered."  Furthermore, the Department found that none of the comments considered provided additional clarity while maintaining the legislative intent.  The term "permanently altered" as used in the statute appears to be sufficiently understood without further definition.  As such, the regulations were revised to delete this originally proposed definition and it has not been adopted by the Department.

This term was originally defined as "any component that allows for the grasp, control, and fire of the firearm where the portion grasped is located beneath an imaginary line drawn parallel to the barrel that runs through the top of the exposed trigger" and noticed during the initial comment period (December 31, 1999 through February 28, 2000).  This definition was subject to broad interpretation primarily due to the wording "any component."  The definition was accordingly initially revised by replacing "any component" with "a grip that allows for a pistol style grasp."  The Department believes that the concept of a "pistol style grasp" is generally understood by persons affected by the regulations.  This revision: "pistol grip that protrudes conspicuously beneath the action of the weapon means a grip that allows for a pistol style grasp below the top of the exposed trigger" was noticed to the public during the first 15-day notice period (May 10 through May 30, 2000). Subsequent comments resulted in additional modifications.  To further clarify the criteria that establishes a "pistol style grasp" and its relationship to a grip that protrudes conspicuously beneath the action of the weapon, the condition "in which the web of the trigger hand (between the thumb and index finger) can be placed below the top of the exposed portion of the trigger while firing" was added to the definition.  The revision also reflects a change from "top of the exposed trigger" to "top of the exposed portion of the trigger" because as one contributor pointed out, the former would mean the upper portion of a trigger, a part of which is exposed, with the balance hidden from view in the receiver of the firearm.  The final revised definition: "Pistol grip that protrudes conspicuously beneath the action of the weapon means a grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb and index finger) can be placed below the top of the exposed portion of the trigger while firing" was noticed during the second 15-day comment period (July 12 through July 31, 2000). Although additional comments were received, no comments were received during the second 15-day comment period that warranted additional revisions to the definition.

The proposed definition originally noticed to the public defined a thumbhole stock as "any stock with any opening that enables the firearm to be grasped, controlled and fired with one hand."  Comments received during the initial comment period (December 31, 1999 through February 28, 2000) stated that the term "any stock with any opening" is overly broad and ambiguous.  The Department agrees that any opening can include openings other than thumbholes. As a result, the Department changed "any stock with any opening" to "a stock with a hole."  Significant public input received during the initial comment period also addressed the subjectivity of the phrase "fired with one hand."  It appears from the comments that it could be an arbitrary standard that requires consideration of physical characteristics such as strength and dexterity that vary from person to person.  The Department accordingly determined its use would add confusion rather than clarity to the definition.  The definition was revised to specify the physical characteristic of a thumbhole stock as "a stock with a hole that allows the thumb of the trigger hand to penetrate the stock," and was noticed during the first 15-day comment period (May 10 through May 30, 2000).  The comments received during this 15-day notice raised additional challenges regarding the definition of the term "penetrate."   In an effort to further clarify the definition, the Department added the phrase "into or through" to the phrase "penetrate the stock."  The final revised definition: "thumbhole stock means a stock with a hole that allows the thumb of the trigger hand to penetrate into or through the stock" was noticed during the second 15-day comment period (July 12 through July 31, 2000).  Although additional comments were received, none resulted in substantial revision to the definition.  However, the Department made a non-substantial revision by adding "while firing" to make it explicit in the definition that the placement of the thumbhole must allow the thumb of the trigger hand to penetrate into or through the stock while firing.

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There is no information to be updated.  This section was adopted as originally proposed.

The originally proposed regulation section 978.30 (b) identified the required Assault Weapon Registration Application form (FD023) and stated the information to be provided on the form.  Comments were received during the initial comment period (December 31, 1999 through February 28, 2000) concerning the disposition of an application when submitted within 30 days of the end of the registration period, since the regulations allow for a 30-day time frame for determining completeness of the application.  As a result, the Department revised the regulation to specify that applications submitted to the Department with a postmark date no later than the end of the registration period with the appropriate fee, will be processed even if the application must be returned to the applicant for completion or correction after the close of the registration period.  Other comments had also stated that the proposed regulation did not make a provision for firearms with extra barrels, or what must be done if the barrel must be changed in order to comply with safety or hunting regulations.  The Department agreed, and deleted the requirement that barrel length information be provided on the registration application.  Another contributor stated that the exact date and name and address of the person or firearms dealer from whom the assault weapon was acquired may not be known.  Additional comments stated that the registration process must provide for registrations without requiring acquisition information because long guns acquired before 1990 did not required receipts, waiting periods or seller information.  The Department agreed, and revised the regulation to state that the month and date of acquisition are to be provided if known.  The year of acquisition is required because only assault weapons acquired before specific dates as provided by the Penal Code qualify for registration.  Additionally, the regulation was revised so that the name and address of the person or firearms dealership from whom the assault weapon was acquired is optional.   These revisions were noticed to the public during the first 15-day comment period (May 10 through May 30, 2000).  Additional comments were received, but none were sufficient to warrant further revisions
to the regulation.

Penal Code section 12285 (e) requires that the Department's registration procedures provide the option of joint registration for assault weapons owned by family members residing in the same household.  As originally proposed, the Department's procedures in section 978.30(c) required that the joint registrations identify one individual as the primary registrant, and that joint registrations remain valid only while the primary and co-registrant(s) live in the same household.  Comments received during the initial comment period (December 31, 1999 through February 28, 2000) stated that the Department set forth additional and unnecessary requirements by designating a primary registrant, as well as requiring that the joint registration remain valid only
while the registrants reside in the same household.  Admittedly, had the Legislature intended these requirements they should have been statutorily stated in a much clearer manner.   As such, the Department deleted these requirements from the regulation, and the proposed regulations was revised to read "Joint registrations will be permitted for assault weapons owned by family members residing in the same household."  This revised regulation was noticed during the first 15-day comment period (May 10 through May 30, 2000).  Although additional comments were received during the first 15-day comment period, none were sufficient to warrant further revision to the regulation.

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There is no information to be updated.  This section was adopted as originally proposed.

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There is no information to be updated.  This section was adopted as originally proposed.

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This section was not proposed or noticed in either the initial comment period (December 31, 1999 through February 28, 2000), or the first 15-day comment period (May 10 through May 30, 2000), but was noticed to the affected parties in the second 15-day comment period (July 12 through July 31, 2000). Comments received during the initial comment period stated that a procedure needs to be in place for cancellation of an assault weapon registration due to theft, destruction, or modification of the firearm to no longer meet the definition of an assault weapon.  The Department agreed and added Section 978.33 to the proposed regulations.  Because it was fully anticipated and expected by the affected parties there would be a procedure for voluntary cancellations, the addition of this section is considered by the Department to be a substantial modification sufficiently related to the text of the regulation as originally proposed.  Thereafter, section 978.33 was noticed to the public during the Department's second 15-day comment period.  After full consideration of the comments received, the Department adopts this regulation as proposed.

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There is no information to be updated.  This section was adopted as originally proposed.

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There is no information to be updated.  This section was adopted as originally proposed.

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There is no information to be updated.  This section was adopted as originally proposed.

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There is no information to be updated.  This section was adopted as originally proposed.

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There is no information to be updated.  This section was adopted as originally proposed.

• Jane's Infantry Weapons, Glossary, Twentieth Edition, 1994-95
• Sporting Arms and Ammunition Manufacturers' Institute, Inc. (SAAMI), Technical Correspondent's Handbook, Glossary of Industry Terms
• SAAMI Non-Fiction Writer's Guide
• National Rifle Association Institute for Legislative Action (NRA-ILA), Firearms Glossary
• Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Federal Firearms Regulations Reference Guide, 2000
• California Attorney General's Assault Weapons Identification Guide, 1993
• Complete Guide to Guns & Shooting, by John Malloy, 1995