California NFA Items and Weapon Restrictions

Overview

California has some of the most restrictive firearm laws in the nation. Many items that federal law permits to civilians through the National Firearms Act (NFA) process, meaning registration on the National Firearms Registration and Transfer Record plus the federal making or transfer tax, are flatly prohibited to ordinary civilians under California state law. A California concealed carry license does not authorize possession of any NFA item or any California-defined assault weapon. Federal registration or a recent change in federal tax does not create a state exemption.

This section explains the federal NFA framework, then the California prohibitions that override it.

How federal NFA classification works

The federal NFA regulates a defined list of items. Under 26 U.S.C. 5845(a), an NFA "firearm" includes a short-barreled shotgun (barrel under 18 inches, or overall length under 26 inches if made from a shotgun), a short-barreled rifle (barrel under 16 inches, or overall length under 26 inches if made from a rifle), a machinegun, a silencer, a destructive device, and "any other weapon" (AOW).

• A machinegun is any weapon that fires, is designed to fire, or can be readily restored to fire more than one shot by a single function of the trigger, including the frame or receiver and conversion parts. (26 U.S.C. 5845(b))
• An AOW is generally a concealable weapon from which a shot can be discharged through the energy of an explosive, plus certain smooth-bore pistols and combination guns. (26 U.S.C. 5845(e))
• A destructive device includes explosive, incendiary, and poison gas devices, plus firearms with a bore over one-half inch other than sporting shotguns. (26 U.S.C. 5845(f))

At the federal level these items are legal to civilians who complete ATF registration and pay the applicable tax, unless state law prohibits them. In California, most are prohibited regardless of federal registration.

Silencers and suppressors

• Possession is a felony in California. Penal Code 33410 states that any person, firm, or corporation who within the state possesses a silencer is guilty of a felony, punishable by imprisonment under Penal Code 1170(h), or a fine not to exceed ten thousand dollars ($10,000), or both. There is no civilian exception for a federally registered suppressor.
• A "silencer" is broadly defined as any device or attachment designed, used, or intended to silence, diminish, or muffle the report of a firearm, including any combination of parts intended to assemble or fabricate one, and any part intended only for that use. (Penal Code 17210)
• Separately, a semiautomatic pistol with a threaded barrel "capable of accepting a flash suppressor, forward handgrip, or silencer" is one of the features that makes the pistol an assault weapon under Penal Code 30515.

Machine guns

• Possession or knowing transport is prohibited. Penal Code 32625(a) makes it a public offense, punishable by imprisonment under Penal Code 1170(h), or a fine not to exceed ten thousand dollars ($10,000), or both, except as authorized by the chapter (narrow permits issued by the Department of Justice, generally for law enforcement and other limited holders).
• Intentionally converting a firearm into a machinegun, or selling, offering for sale, or knowingly manufacturing a machinegun, is punishable by imprisonment under Penal Code 1170(h) for four, six, or eight years. (Penal Code 32625(b))

Short-barreled rifles (SBRs) and short-barreled shotguns (SBSs)

• Prohibited under Penal Code 33215. Any person in the state who manufactures, causes to be manufactured, imports into the state, keeps for sale, offers or exposes for sale, or who gives, lends, or possesses a short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or by imprisonment under Penal Code 1170(h). This is a wobbler that can be charged as a misdemeanor or a felony.
• The statute is subject to narrow exceptions in Penal Code 33220 and 33225 and the permit provisions beginning at Penal Code 17700. These exceptions do not authorize ordinary civilian possession.
• A short-barreled rifle and short-barreled shotgun are also listed among the "generally prohibited weapons" in Penal Code 16590, which cross-references Penal Code 33215.
• The federal length thresholds are barrel under 16 inches for rifles and under 18 inches for shotguns, or an overall length under 26 inches for a weapon made from either. (26 U.S.C. 5845(a))
• Note a separate overlap: a semiautomatic, centerfire rifle with an overall length of less than 30 inches is itself an assault weapon under Penal Code 30515, independent of the federal 26-inch threshold.

Destructive devices

• Possession of a destructive device, other than fixed ammunition greater than .60 caliber, is a public offense under Penal Code 18710(a). A conviction is punishable by up to one year in county jail, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000), or both. (Penal Code 18710(b))
• The destructive device offenses are set out in the chapter beginning at Penal Code 18710 and continuing through Penal Code 18780, which separately address manufacture, sale, transport, and possession in specific places. "Destructive device" is defined for California purposes in Penal Code 16460 and covers items such as bombs, grenades, explosive missiles, certain large-bore projectile weapons, and incendiary or explosive materials.

"Any other weapon" (AOW)

• California does not use the federal "AOW" label. (26 U.S.C. 5845(e))
• Items that would fall in the federal AOW category are instead reached by California's "generally prohibited weapons" list in Penal Code 16590 and its cross-referenced sections. Examples include cane guns (Penal Code 24410), wallet guns (Penal Code 24710), and zip guns (Penal Code 33600), each a separate prohibited-weapon offense. A federally registered AOW does not become legal in California by virtue of that registration.

Assault weapons (California state restrictions)

California bans assault weapons through three overlapping categories. (Penal Code 30510, 30515)

Category One: banned by make and model

Specific firearms are banned by type, series, and model by name, for example the Beretta AR-70, Springfield Armory BM59 and SAR-48, Steyr AUG, Sterling MK-6, and the Bushmaster Assault Rifle. (Penal Code 30510)

Category Two: AK and AR-15 variants

Firearm models that are variations of the AK or AR-15 with only minor differences are banned. (Penal Code 30510, subds. (a)(1) and (f); see Cal. Code Regs., tit. 11, section 5499.) Category One and Category Two firearms are banned whether or not they have a Category Three feature.

Category Three: banned by generic characteristics (Penal Code 30515)

Rifles. A semiautomatic, centerfire rifle without a fixed magazine that has any one of: a pistol grip protruding conspicuously beneath the action, a thumbhole stock, a folding or telescoping stock, a grenade or flare launcher, a flash suppressor, or a forward pistol grip. Also any such rifle with a fixed magazine over 10 rounds, or with an overall length under 30 inches.

Pistols. A semiautomatic pistol without a fixed magazine that has any one of: a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer; a second handgrip; a barrel shroud (other than a slide that encloses the barrel); or the capacity to accept a detachable magazine outside the pistol grip. Also any such pistol with a fixed magazine over 10 rounds.

Shotguns. A semiautomatic shotgun with both a folding or telescoping stock and a pistol grip, thumbhole stock, or vertical handgrip; a semiautomatic shotgun without a fixed magazine; or any shotgun with a revolving cylinder.

Other firearms. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, without a fixed magazine, having any one of the listed features; with a fixed magazine over 10 rounds; or with an overall length under 30 inches.

Penalty for possession

Unlawful possession of an assault weapon under Penal Code 30605(a) is a wobbler. The statute provides that any person who, within the state, possesses an assault weapon, except as provided in the chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. Charged as a misdemeanor it carries up to one year in county jail. Charged as a felony it carries a county jail term under Penal Code 1170(h) rather than a commitment to state prison. A reduced penalty applies under Penal Code 30605(b): a first violation is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and meets the other statutory conditions, including that the person lawfully possessed the firearm before it was defined as an assault weapon.

Litigation status

California's assault weapon ban has been challenged in Miller v. Bonta. The ban remains in effect while the case proceeds through the courts. Treat the prohibitions above as currently enforceable, and verify the litigation status before relying on any reported ruling.

Large-capacity magazines

• California generally prohibits the manufacture, importation into the state, keeping or offering for sale, and the giving, lending, buying, or receiving of any magazine able to accept more than 10 rounds. A violation is a wobbler punishable by up to one year in county jail or by imprisonment under Penal Code 1170(h). (Penal Code 32310(a))
• Possession of a large-capacity magazine is an infraction or a misdemeanor, with a fine of up to $100 per magazine. (Penal Code 32310(c))
• The large-capacity magazine ban has been litigated extensively in Duncan v. Bonta. The restriction has been upheld and remains in effect, but its status has shifted during the litigation. Confirm the current enforceable status before relying on it.

Federal NFA tax change (Pub. L. 119-21)

• Under Pub. L. 119-21, the federal making and transfer tax is set at $0 for NFA items that are not machineguns or destructive devices, meaning silencers, short-barreled rifles, short-barreled shotguns, and AOWs. The $200 tax continues to apply to machineguns and destructive devices.
• The change applies to calendar quarters beginning more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026. ATF general pages may still display the older $200 figure for all items; the statutory change is the controlling authority.
• This federal tax change does not affect California law. Items prohibited under California law (silencers, machine guns, short-barreled rifles and shotguns, and assault weapons) remain prohibited regardless of the federal tax or NFA registration. The federal registration requirement and the National Firearms Registration and Transfer Record also remain in effect.

Pending federal legislation

• H.R. 2395, the SHORT Act (Stop Harassing Owners of Rifles Today Act), would remove short-barreled rifles, short-barreled shotguns, and AOWs from the NFA definition of "firearm." As of this writing it has been referred to committee and has not been enacted. Even if it passes, California's independent state prohibitions on these items would remain in force.

Key takeaway for CCW holders

A California concealed carry license authorizes carrying a handgun. It does not authorize possessing any NFA item or any California-defined assault weapon. Silencers, machine guns, short-barreled rifles, and short-barreled shotguns are prohibited under state law, possession is generally a felony or a wobbler, and federal NFA registration provides no defense. Assault weapons under Penal Code 30510 and 30515 and large-capacity magazines over 10 rounds under Penal Code 32310 are also prohibited. Because several of these bans are in active litigation, verify the current enforceable status before acting.

Key statutes