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RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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May I know the penal code to prevent tenants from hiding assault

Customer Question

May I know the penal code to prevent tenants from hiding assault weapons in the apartment? My tenant was aressted because of domestic violence and the police found automatic assault rifle with ammunition in his apartment. The other tenants are very concerned for their safety.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question.At the present time all assault weapons are illegal to buy in California--fortunately they define assault weapon rather tightly. Several firearms are listed by model and manufacturer and a genXXXXX XXXXXst of characteristics is included. A list of specifically prohibited firearms is available at the California DOJ website. I will include the list of features taken from the actual statute. Several makers currently offer California legal AR type weapons. You can also buy an "off list" receiver and put one together yourself so that it does not violate the current law. The key is to make sure that your semi-automatic center fire rifle does not have a magazine that is removable without the use of a tool. Have fun and good luck.

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:

(1) A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the
action of the weapon.
(B) A thumb hole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.

(2) A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, center fire rifle that has an overall length of less than 30 inches.

The list of prohibited weapons can be found at the following link as well.

Source(s):

http://ag.ca.gov/firearms/dwcl/
Customer: replied 6 years ago.
I have to leave right now because I have an appointment to collect rent from the above tenant. Do I write that according to CA Penal code 12276.1, tenants are prohibited from carrying or keeping firearm, ammunition or dangerous weapon in or around the apartment or in their vehicles parked on premises.
Expert:  RayAnswers replied 6 years ago.
Yes its' illegal for them to possess them here in California and its a crime.You can reprot to police and they can be charged.Also may be grounds to evict them here under your lease.
Expert:  RayAnswers replied 6 years ago.
Yes its' illegal for them to possess them here in California and its a crime.You can report to police and they can be charged.Also may be grounds to evict them here under your lease.
Customer: replied 6 years ago.
I am sorry I have to leave right now, can I please continue the discussion a little bit later. Thank you very much.
Expert:  RayAnswers replied 6 years ago.
No problem
Customer: replied 6 years ago.
I am very sorry to wait so long to get back to you. I have written up an addendum to the lease for the tenants to sign that they agree not to carry, or keep any firearrm, ammunition, or dangerous weapons in or around the apartment or in their vehicles parked on the premises. The tenant might get out of jail this Tuesday, and I have asked his wife to ask him to sign the amendment. If he refuses to sign it, can I evict him? Can you please explain what are the legal terms I use to evict them?
Expert:  RayAnswers replied 6 years ago.
I woudl certainly tell them this.And then if he won't sign I would then try here to do so.I think a judge would agree with you that given the facts its appropriate.You have the right idea here.
Customer: replied 6 years ago.
Is there a legal code I can use to evict them if he refuses to sign the amendment? He was put in jail because his wife called the police of domestic violence, and when the police arrived, they found the automatic assault weapon in his apartment.
Expert:  RayAnswers replied 6 years ago.

There are several angles here.Your lease here if amended makes it a violation of the terms of the lease.Since it is illegal to own here you lease may already speak about criminal acts here or illegal activities.And certainly as I pointed out to you here is the law about ownership.

 

At the present time all assault weapons are illegal to buy in California--fortunately they define assault weapon rather tightly. Several firearms are listed by model and manufacturer and a genXXXXX XXXXXst of characteristics is included. A list of specifically prohibited firearms is available at the California DOJ website. I will include the list of features taken from the actual statute. Several makers currently offer California legal AR type weapons. You can also buy an "off list" receiver and put one together yourself so that it does not violate the current law. The key is to make sure that your semi-automatic center fire rifle does not have a magazine that is removable without the use of a tool. Have fun and good luck.

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:

(1) A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the
action of the weapon.
(B) A thumb hole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.

(2) A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, center fire rifle that has an overall length of less than 30 inches.

The list of prohibited weapons can be found at the following link as well.

Source(s):

http://ag.ca.gov/firearms/dwcl/

Customer: replied 6 years ago.
Does section 12276 prevent buying assault weapons in CA? Is section 12276.1 the definition of what an assault weapon is? May I know which one I need to put in my amendment so that it makes it illegal for tenants to possess and keep assault weapons in the apartment, garage or cars? Thank you very much.
Expert:  RayAnswers replied 6 years ago.
Yes it does prevent ownership and it defines it here above.And yes you can put into your lease here next time that tenant agrees not to have weapons on the premises or something to that effect.You can do this by contract herre--the lease rather than waiting on the law to change.

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