california gun laws

7/28/2019 California Gun Laws

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NRA / ILAFirearms Lawsfor

AsynopsisofstAtelAwsonpurchAse,

possessionAndcArryingoffireArms.

Compiled by:

NRA-Institute for Legislative Action11250 Waples Mill RoadFairfax, Virginia 22030

(800) 392-8683www.nraila.org

CALIFORNIA(As o July 2010)

QUICK REFERENCE CHART

Ries andShotguns Handguns

Permit to Purchase NO*** NO*Registration o Firearms NO*** YES**Permit to possess registered

Assault Weapons YES YESLicensing o Owner NO NOPermit to Carry NO YES (i concealed)* Department o Justice record purchases rom dealers (allpurchases).**Residents moving into Caliornia have 60 days to registertheir handguns.)*** Caliornia law may soon be changing in relation to

registration o long guns when purchased and broughtinto the state

PURCHASE

All frearms sales, transers, including private transac-tions and sales at gun shows, must go through a Caliornialicensed frearms dealer.

An application or sale or transer must be made witha licensed Caliornia gun dealer beore any frearm may besold or transerred. This application contains a descrip-tion o the buyer or transeree and o the frearm. The

purchaser must present the dealer with a valid CaliorniaDrivers License or a Caliornia Identifcation Card andsupply their right thumbprint. The purchaser o a handgunmust also provide additional proo o Caliornia residence,other than a document rom the Department o MotorVehicles. The dealer sends a copy o the application to theCaliornia Department o Justice and the local police chieor sheri.

The CA DOJ will conduct a background check oneach buyer and the ee is $25.00. There is a 10-day waitingperiod beore delivery o any frearm. Dealers must keep a

register o all frearm transers. I a person has voluntarilybeen screened through the Personal Firearms EligibilityCheck, and has been ound eligible to purchase and pos-sess frearms, that person must still undergo a background

check and a 10-day waiting period.I a person does not take possession o the frearm romthe dealer within 30 days, the entire purchase process musbe repeated, including the payment o ees.

The waiting period and dealer application do notapply to transers to police ofcers, other gun dealersmanuacturers, or importers, antique frearms, and riesand shotguns which are classifed as curios or relics by theederal government, transers to ones immediate amily,(parent, grandparent, child, or grandchild; and recipientmust have a Handgun Saety Certifcate (HSC)) an inre-quent temporary loan not to exceed 30 days to a person

who is not prohibited rom possessing a frearm, and atranser o a rie or shotgun at auctions by nonproft orpublic beneft corporations.

No person shall make an application to purchase morethan one pistol, revolver, or other frearm capable o beingconcealed upon the person within a 30-day period andno delivery shall be made to any person who has made anapplication to purchase more than one pistol, revolver, orother frearm capable o being concealed upon the personwithin any 30-day period.

No person shall purchase or transer a handgun tosomeone without the recipient possessing a HSC. To receive

a Handgun Saety Certifcate, a person must pass a writ-ten test that includes but is not limited to laws applicableto the ownership, use, handling, and carrying o frearmsparticularly handguns. A CA DOJ certifed instructor mustadminister the Handgun Saety Certifcate test. The HSCis valid or 5 years.

To receive a handgun rom a dealer, a person musthave or buy an approved frearm saety device. A list ofrearm saety devices certifed or sale can be ound onthe Caliornia Department o Justice, Firearms Divisionwebsite at www.ag.ca.gov/frearms


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No person may receive a frearm rom a dealer unlessthey demonstrate their ability to handle a handgun saelyand can properly operate all saety eatures.

A gun dealer must post a sign advising IfyouleavealoadedfIrearmwhereachIldobtaInsandImproperly

usesIt, youmaybefInedorsenttoprIson.

It is unlawul or any person to transer any frearmto a person who is orbidden to possess or own a frearm. Adealer may not transer a handgun to a person under 21 ora long gun to a person under 18. It is unlawul to sell orurnish a BB device to any minor without the permissiono their parent or guardian. It is unlawul or a person tosell ammunition or reloaded ammunition to a person under18.

A frearm dealer may only oer or sale handgun modelsto the general public that have passed fring, saety, anddrop tests and appear on the Roster o Handguns Certi-fed For Sale. Semiautomatic pistols without a chamberload indicator or a magazine disconnect mechanism that donot pass the saety testing requirements will not be placed

on the roster. All semiautomatic frearms on the rostermust have both a chamber load indicator and a magazinedisconnect mechanism. Private party transers, curio/relichandguns, certain single action revolvers and pawn/con-signment returns are exempt rom this requirement. Theroster can be ound at the Department o Justice website.

POSSESSION

It is unlawul or anyone convicted o a elony, orwho is a drug addict, present or ormer mental patient,ever committed or mental observation, or acquitted by

reason o insanity to own or possess any frearm. Peoplewith certain misdemeanor convictions involving orce orviolence may not possess or own any frearm within 10years o the conviction. A person who has been adjudicatedas a juvenile oender or delinquent or any oense whichwould be classifed as a elony or misdemeanor involvingorce or violence i committed by an adult may not own orpossess any frearm until age 30. A minor may not possessa handgun except with written permission or under thesupervision o a parent or guardian.

Within 60 days o bringing a pistol, revolver or otherfrearm capable o being concealed upon the person into

this state, the person importing the frearm must completeand return a Department o Justice registration orm or sellor transer the frearm to a licensed dealer, or transer thegun to a sheri or police department. Currently, registra-tion o ries and shotguns is not required. However, thislaw may soon change.

I any person seeks to know whether they can possess orpurchase a frearm in Caliornia beore a transer is made,they may request a Personal Firearms Eligibility Checkconducted by ofce o the Department o Justice.

A minor under 16 may not possess a handgun, unless

they are accompanied by their parent or guardian whileparticipating in a legal recreation activity involving frearmor has written permission to participate in such activitiesA minor under 16 may not possess live ammunition excepwith the written permission or under the supervision o aparent or guardian, or while going to or rom an organizedlawul recreational or competitive shooting activity or law-ul hunting activity

ASSAULT WEAPONS, .50 CALIBER BMGRIFLES AND MAGAZINES

It is unlawul to oer or manuacture, sale, give orlend any assault weapon or .50 caliber BMG rie. It isunlawul to possess an assault weapon or a .50 caliberBMG rie unless it is properly registered with the stateThe registration period or assault weapons and .50 caliberBMG ries has ended. I an individual has an unregisteredassault weapon or .50 caliber BMG rie ater the regis-tration period has ended, law enorcement would preer

that they turn the assault weapon in to law enorcementAnyone with a registered assault weapon or .50 caliberBMG rie wishing to legally dispose o the frearm: cansell it to a dealer with an assault weapons permit (orsuch frearms) and .50 caliber BMG rie permit (or suchries); or with both type o permits; relinquish it to localaw enorcement (ater making an appointment); removethe assault weapon or .50 BMG caliber rie rom the stateor destroy it. Any person inheriting a registered assaulweapon or .50 caliber BMG rie has 90 days to renderthe weapon permanently inoperable, sell to an approvedfrearms dealer, obtain a permit rom the Department o

Justice to possess frearms, or move the gun out o statePawning assault weapons and .50 caliber BMG ries isnot permitted.

Caliornia law defnes assault weapons in twoways:

rearmslistedontheoriginalRobertiRoosassaulweapons law or in the Caliornia Code o Regula-tions.

bythespecicgenericcharacteristics.A urther explanation o frearms considered as-sault weapons can be ound on the Departmento Justice website.

A person may lend a registered assault weapon ora .50 caliber BMG caliber rie to another person who is18 years o age or over i the person to whom the assaulweapon is lent is not prohibited rom possessing a frearmand remains in the presence o the registered possessor, andthe assault weapon or .50 caliber BMG rie is possessedat a licensed target range, or at the target range o a publicor private club organized or the purpose o practicingshooting at targets, or at an exhibition, display or educa-tion project sponsored by a law enorcement agency ora nationally or state recognized frearms entity. Persons


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moving into Caliornia must comply with the provisionso the law beore moving.

Unless otherwise specifed, registered assault weaponsmay only be possessed:

atregistrantsresidence,placeofbusiness,orotherproperty owned by such registrant, or on propertyowned by another with permission.

at certain recognized target ranges or shootingclubs.

atcertainrecognizedexhibitions. whileonpubliclyownedlanduponwhichposses-

sion and use o assault weapons is specifcallypermitted by the managing agency.

whiletransportingtheassaultweaponbetweenanyo the places listed above, or to any licensed gundealer.

It is unlawul or any person to manuacture, import,or oer or sale, give, or lend any ammunition magazinethat can hold more than 10 rounds (not including .22tube magazines). Exceptions include: a loan o a lawully

possessed magazine to a person who is not prohibited rompossessing frearms or ammunition, i such loan occurs ata place where possession o the magazine is not otherwiseprohibited and the person who lends the magazine remainsin the accessible vicinity to the person to whom the maga-zine is loaned; the importation o a magazine by a personwho lawully possessed the magazine in the state prior toJanuary 1, 2000, lawully took it out o the state and isreturning to the state; the sale or purchase o a magazineto or by a person licensed to sell frearms; and the lendingor giving o a magazine to a licensed dealer or gunsmithor repair and its return to its owner.

CARRYING AND TRANSPORTATIONIN VEHICLES

It is unlawul to carry a loaded rie, shotgun, or handgunin any public place or on any public street in an incorpo-rated area or an area where fring a frearm is prohibited.In Caliornia, a frearm is considered loaded i unexpendedammunition capable o being used in the frearm is in aposition rom which it can be fred. The ollowing personsand situations are exceptions:

personsshootingontargetranges,orwhilehunting

on the premises o a shooting club. aperson who reasonably believes that he or his

property is in immediate danger and the weaponmust be carried or preservation.1

apersonengagedintheactofmakingorattempt-ing lawul arrest.

apersoncarryingarearmwhileathomeorathisplace o business, including temporary residencesand campsites.

Carrying a handgun concealed is prohibited withouta license. The law states Firearms carried openly in belt

holsters are not concealed within the meaning o this sec-tion. (This law may change.)

Carrying a handgun concealed within a vehicle isprohibited without a license. A handgun carried in a glovecompartment or under the seat o a vehicle is considered tobe concealed. A handgun placed in a locked in a containerin the vehicle other than the utility or glove compartmentor while in a locked container carried directly to or rom avehicle is deemed not to be concealed. A locked containermeans a ully enclosed secure container locked by a keylock or similar locking device.

Exceptions to this prohibition are: members o clubsorganized or practice shooting while on any establishedtarget range; licensed hunters and fshermen while engagedin hunting or fshing and members o an antique or histori-cal collectors club while at a show.

ANTIQUES AND REPLICAS

Antique frearm means any frearm not designed or

redesigned or using rimfre or centerfre ammunition andmanuactured in or beore 1898 (including any matchlockintlock, percussion cap or similar type o ignition systemor replica thereo, whether actually manuactured beore1898) and also any frearm manuactured in or beore 1898using fxed ammunition which is no longer manuacturedin the U.S. and is not readily available in the ordinarychannels o commercial trade.

MACHINE GUNS AND OTHER FIREARMS

A machine gun is defned as any frearm, which shoots

or is designed to shoot, automatically, more than one shotwithout manual reloading, by single unction o the trig-ger. The term also includes any conversion part, rame orreceiver o a machine gun, or any frearm deemed as suchby the ederal government. Upon a showing o good causea permit or possession and/or transportation may be issuedby the Department o Justice. It has been reported thathe Department o Justice reuses to grant such permits.

Possession o other frearms and related items is unlaw-ul and may be punished as either a misdemeanor or as aelony. This includes, but is not limited to:

anyrearmthatisnotimmediatelyrecognizable

as a frearm. anycamouagingrearmcontainer. anyammunitionthatcontainsanyechettedart. any bullet containing or carrying an explosive

agent. anymultibursttriggeractivator. anyshort-barreledshotgunorrie. anyzipgun;and anyunconventionalpistol.The ollowing are some o the exceptions: possession

o short-barreled shotguns and ries when authorized by


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CAUTION: Firearm laws are subject to requent change and court interpretation. This summary is not intended as legal advice orrestatement o law. This summary does not include ederal or local laws, ordinances or regulations. For any particular situation, alicensed local attorney must be consulted or an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL

AND LOCAL.This may be reproduced. It may not be reproduced or commercial purposes.

the Department o Justice and not in violation o ederallaw; antique frearms, which are defned as: any frearm notdesigned or redesigned or using rimfre or centerfre am-munition and manuactured in or beore 1898 (includingany matchlock, intlock, percussion cap or similar type oignition system or replica thereo, whether actually manu-actured beore 1898) and also any frearm manuacturedin or beore 1898 using fxed ammunition which is nolonger manuactured in the U.S. and is not readily avail-able in the ordinary channels o commercial trade; tracerammunition or use in shotguns; and any curio or relicor any other weapon as defned by ederal law possessedby a person who is otherwise permitted to possess it underederal law and not prohibited rom possessing frearmsand ammunition under Caliornia law.

It is unlawul to possess a destructive device, includ-ing tracer or incendiary ammunition or any frearm largerthan .60 caliber which fres fxed ammunition, or any fxedammunition or such frearm. Excluded are shotguns andshotgun ammunition.

MISCELLANEOUS PROVISIONS

No license or permit shall be required to possess keep,or carry a handgun openly or concealed in ones home orplace o business.

The state legislature also has expressed its intention tooccupy the whole feld o the sales and licensing o frearms,thus precluding cities and other localities rom enactingfrearms laws in those categories.

It is unlawul to set any spring or trap gun.It is unlawul to change, alter or remove the serial

number, makers name or other identiying mark rom anyfrearm, unless one has secured the written permission othe Department o Justice. Possession o a frearm withaltered identiying marks creates a legal presumption thatthe possessor committed the oense.

It is unlawul to possess a frearm on the grounds orin the buildings o any school without permission o theschool authorities, within 1000 eet o a school zone unlessthe frearms are being lawully transported, a courthouse,State Capitol building or grounds, any legislative ofceor the ofce or residence o the Governor, constitutionalofcer or member o the Legislature.

It is unlawul to possess, transport, or sell ammuni-tion principally or use in a handgun, which is designedprimarily to penetrate metal or armor.

It is unlawul to store a loaded frearm where the person

knows or reasonably should know that a juvenile under 18is likely to gain access to the frearm without the permissiono the juveniles parent or legal guardian and the juvenileobtains access to the frearm and causes death or great bodilyharm to sel or any other person. This prohibition shalnot apply i: the juvenile obtains the frearm as a result oan illegal entry to any premises by any person; the frearmis kept in a locked container or in a location which a rea-sonable person would believe to be secure; the frearm iscarried on the person or within such a close proximity sothat the individual can readily retrieve and use the frearmas i carried on the person; the frearm is equipped with alocking device; the person is a peace ofcer or member othe U. S. Armed Forces and the juvenile obtains the frearmduring, or incidental to, the perormance o the personsduties; the juvenile obtains, or obtains and discharges, thefrearm in a lawul act o sel-deense or deense o anotherperson; and the person who keeps a loaded frearm on anypremise which is under persons custody or control hasno reasonable expectation, based on objective acts and

circumstances, that a juvenile is likely to be present on thepremise.

SOURCE: Cal. Penal Code 12020 et. seq.

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