Sacramento, CA asked in Criminal Law, Civil Rights and Constitutional Law for California

Q: Is a sks with detachable magazine and a bayonet llegal in ca

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the legality of a SKS rifle with a detachable magazine and a bayonet largely depends on specific features and compliance with the state's assault weapons regulations. California has stringent laws regarding assault weapons, which could impact the legality of such a firearm.

A SKS rifle with a detachable magazine might be classified as an assault weapon if it has certain features like a pistol grip, a folding or telescoping stock, a grenade launcher, a flash suppressor, or a forward pistol grip. The presence of a bayonet alone does not necessarily classify a rifle as an assault weapon, but it's the combination of features that is critical.

California Penal Code Section 30515 outlines specific characteristics that define an assault weapon. If your SKS rifle with a detachable magazine fits any of these descriptions, it would be subject to the state's assault weapon laws. This may require registration, and there are strict regulations on how and where these weapons can be used or transported.

If the rifle in question does not meet the criteria for an assault weapon as per California law, it may still be subject to other regulations pertaining to firearms. It's important to ensure that all aspects of the firearm, including magazine capacity and overall configuration, comply with state laws.

Given the complexity of firearm laws in California, it's advisable to consult directly with a legal professional who can provide guidance specific to your situation. They can offer a more detailed interpretation of the law as it applies to your particular firearm.

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