A federal judge overturned California’s assault weapons ban in October 2023, but the ban is still fully in force. The Ninth Circuit Court of Appeals stayed the ruling almost immediately, and every criminal penalty for buying, selling, building, or possessing a firearm California classifies as an “assault weapon” still applies. As of early 2026, the appeal has been argued, briefed twice more on related decisions, and resubmitted for decision, but no ruling has been issued.
What the Ruling Actually Did
The case is Miller v. Bonta, filed in the U.S. District Court for the Southern District of California. On October 19, 2023, U.S. District Judge Roger Benitez declared key portions of the ban unconstitutional and entered a permanent injunction against enforcement.1FindLaw. Miller v. Bonta
The ruling was narrower than headlines suggested. Judge Benitez struck down the feature-based definition in Penal Code Section 30515(a)(1) through (8) and the penalty provisions in Sections 30600 and 30605 as they apply to those firearms. That is the part of the law that turns an ordinary semi-automatic rifle, pistol, or shotgun into a banned “assault weapon” because it has a pistol grip, a threaded barrel, a folding stock, or one of the other listed characteristics.2California Legislative Information. California Penal Code PEN 30515
Section 30510, which bans specific named firearms like the AK series and the Colt AR-15 series along with their variants, was not part of the injunction.3California Legislative Information. California Penal Code 30510 That portion of the ban would remain in place regardless of how the appeal ends.
Applying the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, the court found that the banned firearms are semi-automatic weapons in common use by millions of Americans for lawful purposes, and that California could not point to a historical tradition of banning commonly possessed firearms because of features like pistol grips or adjustable stocks.4Supreme Court of the United States. New York State Rifle and Pistol Association Inc. v. Bruen
Why the Ban Is Still Enforced
California appealed immediately, and the Ninth Circuit granted a stay that freezes Judge Benitez’s order while the appeal proceeds. A stay means the lower court’s ruling has no practical effect: police, prosecutors, and the Department of Justice continue to enforce every provision the judge struck down as if the ruling had never issued.
So the practical situation on the ground has not changed. Buying an off-list AR-pattern rifle with a pistol grip is still a crime. Building one at home is still a crime. Bringing one into California from another state where it is legal is still a crime. The stay does not expire on a set date; it lasts until the Ninth Circuit rules or lifts it.
Penalties That Still Apply
Because the stay keeps the full ban active, the criminal exposure is exactly what it was before the ruling.
Manufacturing, selling, distributing, transporting into the state, or giving away an assault weapon is a felony carrying four, six, or eight years in prison, with an additional consecutive year for a transfer to a minor. Each weapon is a separate offense.5California Legislative Information. California Penal Code 30600
Possession is a wobbler. Prosecutors can charge it as a misdemeanor carrying up to a year in county jail or as a felony carrying state prison time. A narrow first-offense exception exists for a person who lawfully owned the firearm before it became classified as an assault weapon and missed the registration window by no more than a year; that person can face a $500 fine and surrender the weapon for destruction.6California Legislative Information. California Penal Code 30605
One consequence gets overlooked. A California felony conviction for an assault weapon offense triggers a lifetime federal firearms ban under 18 U.S.C. § 922(g), because the conviction is for a crime punishable by more than one year in prison. Violating that federal prohibition later is a separate offense carrying up to 10 years in federal prison. If California ultimately loses on appeal and the feature-based ban falls, a conviction obtained while the ban was in force does not vanish with it.
Where the Appeal Stands
The Ninth Circuit heard oral argument on January 24, 2024. Two days later, the three-judge panel put the case in abeyance to wait for a related case, Duncan v. Bonta, which challenged California’s ban on magazines holding more than 10 rounds.7CourtListener. Miller, et al. v. Bonta, et al. (23-2979) – Docket
Duncan is not the same case, but it asks the same threshold question: how the Bruen historical-tradition test applies to modern California firearms restrictions. On March 20, 2025, the Ninth Circuit sitting en banc upheld the magazine ban.8United States Court of Appeals for the Ninth Circuit. Duncan v. Bonta That is a meaningful signal for Miller, because the same court found California’s historical arguments persuasive in a closely analogous context.
The Miller panel then ordered supplemental briefing on how Duncan affects the assault weapons appeal. In December 2025, the panel ordered a second round of supplemental briefs on another Ninth Circuit firearms decision, United States v. Kittson. Both briefs were filed by January 2026, and the case is resubmitted for decision. The panel can rule at any time without further argument.7CourtListener. Miller, et al. v. Bonta, et al. (23-2979) – Docket
Whichever side loses will almost certainly seek en banc review from the full Ninth Circuit, which typically adds months or more. A petition to the Supreme Court is likely after that regardless of the outcome, and a cert petition in Duncan is already pending. If the Supreme Court takes Duncan, it could reshape Miller before the Ninth Circuit’s ruling matters.
What Legal Owners Can Do Now
Californians can still legally own semi-automatic rifles configured to comply with state law. The two common approaches are a “featureless” build that avoids every characteristic listed in Section 30515, and a fixed-magazine build that requires disassembly of the action to remove the magazine. Both remain legal.
Pre-ban owners who registered their firearms during past registration windows can keep them, but under strict conditions. Registered firearms can only be transported between specific locations, must be unloaded and locked in a container during transport, and cannot be sold or transferred to anyone else inside California. If the owner dies, the weapon generally must be surrendered to law enforcement or transferred out of state.9State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions
Every registration window has closed. The most recent one, for firearms reclassified under 2016 legislation, ended on June 30, 2018. Someone who owned a qualifying firearm but missed the deadline has no legal path to register it now and is in technical violation of the possession statute.
For interstate travelers, 18 U.S.C. § 926A provides limited safe passage: you can transport a firearm through California if you are traveling between two places where you may lawfully possess it, and if the firearm is unloaded and locked in a container that is not accessible from the passenger compartment.10Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms That protection is narrow. It does not cover extended stays, overnight stops that break the through-transit character of the trip, or any possession beyond what section 926A specifically permits.
Until the Ninth Circuit rules and any stay is lifted, treating California’s assault weapons ban as anything other than fully enforceable is a serious legal risk. The district court’s ruling exists, but it does nothing for anyone standing in California today.