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Rifles Used in San Bernardino Shooting Illegal Under State Law

By ASHBY JONES and DAN FROSCH
Updated Dec. 3, 2015 10:51 p.m. ET
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The rifles used in the San Bernardino mass shooting were illegal under California law because they were modified and violated the state’s ban on assault weapons, the Bureau of Alcohol, Tobacco, Firearms and Explosives determined on Thursday.

Syed Rizwan Farook and Tashfeen Malik, the suspects in the Wednesday shooting that left 14 people dead and 21 wounded, were armed with four guns. They carried two .223-caliber semiautomatic weapons and two 9mm semiautomatic pistols, according to San Bernardino Police Chief Jarrod Burguan.

The two semiautomatic rifles were versions of the popular AR-15 model, according to San Bernardino officials. One was made by DPMS Inc., and the other by Smith & Wesson.

While they were originally sold legally, with magazine locking devices commonly known as bullet buttons, the rifles were subsequently altered in different ways to make them more powerful, according to Meredith Davis, a special agent with the ATF.

The Smith & Wesson rifle was changed in an attempt to enable it fire in fully automatic mode, while the DPMS weapon was modified to use a large-capacity magazine, she said.

Those alterations made the weapons unlawful under California’s ban on assault weapons, which bans guns with magazines that can detach for quick reloading.

The state legally allows the sale and ownership of assault weapons that have fixed magazines.

Ms. Davis said authorities were working to determine who purchased the rifles, and whether they were connected to Mr. Farook. Ms. Davis said one handgun was made by Llama and the other was made by Springfield Armory.

The models of the handguns weren't specified. California approves the sale and use of certain handguns. Ms. Davis said the handguns were purchased by Mr. Farook.

The purchases of the two rifles and two handguns carried by the two suspects in the shootings all passed the background checks required by federal law, according to Ms. Davis.

Under federal law, all firearm purchases made through federally licensed dealers are subject to a review with the Federal Bureau of Investigation.

Such a review checks only limited categories of information, like whether a purchaser has a criminal history or has been involuntarily committed to a mental-health facility. Federal background checks wouldn't turn up other possible red flags, like whether a purchaser has ties to terrorist organizations.

The LINK doesn't work unless you have paid. So, how were they altered to be illegal?

While they were originally sold legally, with magazine locking devices commonly known as bullet buttons, the rifles were subsequently altered in different ways to make them more powerful, according to Meredith Davis, a special agent with the ATF.

The Smith & Wesson rifle was changed in an attempt to enable it fire in fully automatic mode, while the DPMS weapon was modified to use a large-capacity magazine, she said.

Coming from the ATF - say no more.

Ms. Davis said authorities were working to determine who purchased the rifles, and whether they were connected to Mr. Farook.

The purchases of the two rifles and two handguns carried by the two suspects in the shootings all passed the background checks required by federal law, according to Ms. Davis.

How can they claim that the sale was legal and passed BG checks, if they don'y know who purchased them, yet?

It was unclear if the rifles were purchased in California under the loophole, or in another state.

San Bernardino police didn't immediately respond to request for comment on whether the attackers possessed the weapons legally in California. ATF declined to provide details about the weapons, referring inquiries to local police.

The ATF on Thursday night said both rifles had been illegally modified, according to Desert Sun reporter Brett Kellman, One had been rigged to hold a 30-round magazine; an attempt was made to convert the other to full automatic fire.