The Roberti–Roos Assault Weapons Control Act of 1989 (AWCA) is a California law that bans the ownership and transfer of over 50 specific brands and models of firearms, which were classified as assault weapons. Most were rifles, but some were pistols and shotguns. The law was amended in 1999 to classify assault weapons by features of the firearm. Firearms that were legally owned at the time the law was passed were grandfathered if they were registered with the California Department of Justice. The law was overturned in June 2021 in Miller v. Bonta; the ruling is stayed pending appeal.
Proponents
The act was a direct response to the deaths of five schoolchildren in the Cleveland Elementary School shooting in Stockton that year. The co-author of the legislation, California State Senate President pro tem David Roberti, found himself the subject of a recall attempt by the gun lobby in 1994. He survived that, but later that year lost a Democratic primary election for the office of California State Treasurer. The loss was considered a result of the immense campaign finance costs of defending against the recall, and the draining of those finances. Assembly Speaker pro tem, Mike Roos who retired in 1991, was the other co-author.
California penal code categories
Firearms are identified as assault weapons by statute in Penal Code sections §30510 and §30515. The original Roberti–Roos assault weapons list identified assault weapons by make and model in Penal Code §30510. The law originally was numbered § Penal Code 12276 was passed into law in 1989. It was renumbered in 2010 with the identical text. In 1999, Penal Code § 12276.1 was added to California State Law ("SB23"), defining assault weapons by characteristics. This law was renumbered in 2010 to the current Penal Code § 30515. In 2016, Penal Code § 30515 was amended following the San Bernardino Terrorist Attack. The characteristics used to identify assault weapons in pistols and rifles changed to ban the "bullet-button" feature: "nondetachable" magazines were no longer considerable as "fixed' magazines. In 2020, Penal Code § 30515 was amended the characteristics of shotguns in order to ban the "bullet-button" feature. Sub-sections 9, 10, and 11 were added to address "Other" (ATF Title 1) firearms that did not fall under the classification of pistol, rifle, or shotgun.
The Roberti–Roos Assault Weapons Control Act of 1989 was augmented in 1999 with SB23. It also inspired follow-on legislation such as .50 Caliber BMG Regulation Act of 2004 and further restrictions on semi-automatic firearms. From the website of the California Attorney General's office:
Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code.
Firearms prohibited by make and model
The following designated semiautomatic firearms are defined as assault weapons by Penal Code section 30510:
(a) The following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, AK56, AK56S, AK84S, and AK86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) IMI UZI and Galil. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) Heckler & Koch HK-91, HK-93, HK-94, and HK-PSG-1. (10) The following MAC types: (A) RPB Industries Inc, sM10 and sM11. (B) SWD Incorporated M11. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 551. (13) Springfield Armory BM59 and SAR-48. (14) Sterling MK-6. (15) Steyr AUG. (16) Valmet M62S, M71S, and M78S. (17) Armalite AR-180. (18) Calico M-900. (19) J&R ENG M-68. (20) Weaver Arms Nighthawk.
(b) The following specified pistols: (1) IMI UZI. (2) Encom MP-9 and MP-45. (3) The following MAC types: (A) RPB Industries Inc, sM10 and sM11. (B) SWD Incorporated M-11. (C) Advance Armament Inc. M-11. (D) Military Armament Corp. Ingram —11. (4) Intratec TEC-9. (5) Sites Spectre. (6) Sterling MK-7. (7) Calico M-950. (8) Bushmaster Pistol.
(c) The following specified shotguns: (1) Franchi SPAS 12 and LAW 12. (2) Striker 12. (3) The Streetsweeper type S/S Inc, SS/12. (see Striker)