California Gun Laws
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A synopsis of state laws on purchase,
possession and carrying of firearms.
PLEASE NOTE: In addition to state laws, the purchase, sale and (in certain
circumstances) the possession and interstate transportation of firearms is
regulated by the Gun Control Act of 1968 as amended by the Firearms Owners'
Protection Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting the State
Laws and Published Ordinances:Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402.
CAUTION: State firearms laws are subject to frequent change. The above
summary is not to be considered as legal advice or a restatement of law. To
determine the applicability of these laws to specific situations which you
may encounter, you are strongly urged to consult a local attorney.
QUICK REFERENCE CHART
Rifles and Shotguns Handguns
Permit to Purchase
No No*
Registration of Firearms
No Yes*
Registration of "Assault Weapons"
Yes Yes
Licensing of Owners
No No
Permit to Carry (if concealed)
No Yes
*Police recordation is made of purchases from dealers.
POSSESSION
It is unlawful for anyone convicted of a felony, or who is a drug addict,
present or former mental patient, ever committed for mental observation, or
acquitted by reason of insanity to own or possess any firearm. People with
certain misdemeanor convictions involving force or violence may not possess
or own any firearm within 10 years of the conviction. A person who has been
adjudicated as a juvenile offender or delinquent for any offense which would
be classified as a felony or misdemeanor involving force or violence if
committed by an adult may not own or possess any firearm until age 30. A
minor may not possess a handgun except with written permission or under the
supervision of a parent or guardian.
POSSESSION OF "ASSAULT WEAPONS"
It is unlawful to possess an "assault weapon" unless it is properly
registered with the state. Unlawful possession can be prosecuted as either a
felony or a misdemeanor. However, under certain limited circumstances, a
first offense is an infraction, punishable by a fine of up to $500.00. A
person may possess an "assault weapon" registered to another person under
the narrow circumstances described herein pertaining to the lending of an
"assault weapon." Also excepted from the registration requirements are non
residents attending a competitive match under certain specified
circumstances. A person moving into California who is in lawful possession
of an "assault weapon" shall do one of the following: (1) prior to bringing
the "assault weapon" into the state, obtain a permit from the Department of
Justice, or (2) cause the "assault weapon" to be delivered to a licensed gun
dealer and then obtain a permit from the Department of Justice.
A firearm is deemed an "assault weapon" if it is listed in Section 12276, or
if it is added to the list via a successful petition to a court by the
Attorney General. This list is commonly known as the "Roberti-Roos list":
(a) All of the following specified rifles:
(1) All AK series (2) UZI and Galil
(3) Beretta AR-70 (4) CETME Sporter
(5) Colt AR-15 series (6) MAS223
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match and Sporter
(8) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C
(9) HK-91, HK-93, HK-94 and HK-PSG-1
(10) RPB Industries Inc. sM10 and sM11 and SWD Incorporated M11 and MAC
types
(11) SKS with detachable magazine
(12) SIG AMT, PE-57, SIG 550 & 551
(13) Springfield Armory BM59 and SAR.48
(14) Sterling MK-6 (15) Steyer AUG
(16) Valmet M62S, M71S, and M78S
(17) Armalite AR-180 (18) Bushmaster Assault Rifle
(19) Calico M-900 (20) J & R ENG M-68
(21 ) Weaver Arms Nighthawk
(b) All of the following specified pistols:
(1 ) UZI (2) Encom MP-9 and MP-45
(3) RPB Industries Inc. sM10 and sM11, SWD Incorporated M-11, Advance
Armament Inc. M-11, and Military Armament Corp. Ingram M-11, and MAC types
(4) INTRATEC TEC-9 (5) Sites Spectre
(6) Sterling MK-7 (7) Calico M-950
(8) Bushmaster Pistol
c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12
(2) Striker 12 (3) Street Sweeper
(d) Any firearm declared by the court pursuant to section 12276.5 to be an
assualt weapon that is specified as an assault weapon in a list promulgated
pursuant to section 12276.5.
Any person lawfully possessing a "Roberti-Roos assault weapon" before June
1, 1989, was to register the firearm with the Department of Justice by March
31, 1992, although under a recent law, anyone failing to register an SKS
rifle with a detachable AK-47 magazine between January 1, 1992 and December
19, 1997 will be immune from prosecution prior to January 1, 2000. This law
requires those in possession of such an SKS rifle to relinquish it to the
Department of Justice, a law enforcement agency or transfer it to a licensed
gun dealer on or before January 1, 2000.". Registration includes
identification of the firearm and the name, address, date of birth,
thumbprint and other information on the owner. A fee of up to $20.00 may be
charged for the registration. Any firearm subsequently added to the
Roberti-Roos list of "assault weapons" must be registered within 90 days.
Effective January 1, 2000, the definition of "assault weapon" also includes
any of the following: (1) A semiautomatic, centerfire 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 thumbhole 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, centerfire rifle that has a fixed magazine with
the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire
rifle that has an overall length of less than 30 inches. (4) A semiautomatic
pistol that has the capacity to accept a detachable magazine and any one of
the following: (A) A threaded barrel, capable of accepting a flash
suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A
shroud that is attached to, or partially or completely encircles, the barrel
that allows the bearer to fire the weapon without burning his or her hand,
except a slide that encloses the barrel. (D) The capacity to accept a
detachable magazine at some location outside of the pistol grip. (5) A
semiautomatic pistol with a fixed magazine that has the capacity to accept
more than 10 rounds. (6) A semiautomatic shotgun that has both of the
following: (A) A folding or telescoping stock. (B) A pistol grip that
protrudes conspicuously beneath the action of the weapon, thumbhole stock,
or vertical handgrip. (7) A semiautomatic shotgun that has the ability to
accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b)
"Assault weapon" does not include any antique firearm. (c) The following
definitions shall apply under this section: (1) "Magazine" shall mean any
ammunition feeding device. (2) "Capacity to accept more than 10 rounds"
shall mean capable of accommodating more than 10 rounds, but shall not be
construed to include a feeding device that has been permanently altered so
that it cannot accommodate more than 10 rounds. (3) "Antique firearm" means
any firearm manufactured prior to January 1, 1899. Firearms that fit the
above descriptions which were possessed on December 31, 1999 can be kept if
they are registered between January 1, 2000 and December 31, 2000. Firearms
that are on the Roberti-Roos list, but not currently validly registered,
cannot now be registered.
A person moving into this state, otherwise in lawful possession of an
"assault weapon," shall do one of the following: Prior to bringing the
"assault weapon" into the state, that person shall first obtain a permit
from the Department of Justice, or the person shall cause the "assault
weapon" to be delivered to a licensed gun dealer who shall redeliver that
"assault weapon" to the person if that person obtains a permit from the
Department of Justice.
Unless otherwise specified, registered "assault weapons" may only be
possessed:
1. At registrant's residence, place of business, or other property owned by
such registrant, or on property owned by another with permission.
2. At certain recognized target ranges or shooting clubs.
3. At certain recognized exhibitions.
4. While on publicly owned land upon which possession and use of "assault
weapons" is specifically permitted by the managing agency.
5. While transporting the assault weapon between any of the places listed
above, or to any licensed gun dealer.
It is a felony to offer for sale, give or lend any "assault weapon". The
does not apply to a person who lends a registered "assault weapon" to
another person who is 18 years of age or over if all of the following
conditions apply: (1) the person to whom the "assault weapon" is lent is not
prohibited from possessing a firearm and remains in the presence of the
registered possessor, and (2) the "assault weapon" is possessed at a
licensed target range, or at the target range of a public or private club
organized for the purpose of practicing shooting at targets, or at an
exhibition, display or education project sponsored by a law enforcement
agency or a nationally or state recognized firearms entity.
UNSAFE HANDGUNS
Commencing January 1, 2001, it is a misdemeanor, punishable by up to 1 year
in jail, to manufacture or cause to be manufactured, import into California
for sale, keep for sale, offer or expose for sale, give, or lend any "unsafe
handgun."
"Unsafe handgun" means any firearm capable of being concealed on or about
the person that lacks a safety device, or fails a 600-round firing
requirement test, or fails a drop test, as conducted by an independent
laboratory certified by the Attorney General.
Any concealable firearm manufactured in California , imported into
California for sale, kept for sale, or offered or exposed for sale shall be
tested within a reasonable period of time by an independent laboratory
certified by the Attorney General to determine if it is an "unsafe handgun."
The California Department of Justice is required to compile, publish, and
maintain a roster listing all concealable firearms that are not "unsafe
handguns."
Exempt from the testing and roster listing requirements are: transfers by
non-dealers that are processed through a dealer licenced by California, or
processed through a sheriff's department in a county of less than 200,000
persons; transfers to certain law enforcement personnel; transfers to
certain representatives of governmental agencies; infrequent transfers by
gift, bequest succession or by other means to a immediate family member if
such transfer is reported within 30 days to the Department of Justice and if
the person taking title obtains a basic firearm safety certificate;
infrequent loans of firearms between person who are personally known to each
other if the loan does not exceed 30 days; delivery of a firearm to a
licensed gunsmith for service or repair; transfer to federally licensed
dealers who reside outside of California; loan of a firearm for the purpose
of shooting at targets if the loan occurs on the premises of a licensed
target facility; transfers to certain persons who take title by operation of
law if they comply with certain other requirements; transfer of unloaded
firearms to a wholesaler from a licensed manufacturer, importer or
wholesaler; loans of unloaded firearms for use as a prop in an entertainment
event; firearms that are listed as curios and relics by BATF; the return of
a firearm to a licensed dealer for service or repair; the return by a
licensed dealer of a firearm to its owner where that firearm was initially
delivered to that licensee for the purpose of consignment sale or as
collateral for a loan.
The "unsafe handgun" provisions also do not apply to a single-action
revolver that has at least a five cartridge capacity with a barrel length of
not less than three inches and which meets any of the following
specifications: was manufactured prior to 1900 and is a curio or relic as
listed by the BATF; or has an overall length measured parallel to the barrel
of at least seven and one-half inches; or has an overall length measured
parallel to the barrel of at least seven and one-half inches and is
currently approved for importation into the United States.
MAGAZINES, OTHER FIREARMS AND RELATED ITEMS
Effective January 1, 2000, any person who manufactures, imports, or offers
to sale, give, or lend any detachable ammunition magazine that can hold more
than 10 rounds (not including .22 tube magazines), can be prosecuted for
either a felony or a misdemeanor. The following are some of the exceptions:
(1) a loan of a lawfully possessed magazine to a person who is not
prohibited from possessing firearms or ammunition, if such loan occurs at a
place where possession of the magazine is not otherwise prohibited and the
person who lends the magazine remains in the accessible vicinity to the
person to whom the magazine is loaned; (2) the importation of a magazine by
a person who lawfully possessed the magazine in the state prior to January
1, 2000, lawfully took it out of the state and is returning to the state;
(3) the sale or purchase of a magazine to or by a person licensed to sell
firearms; and (4) the lending or giving of a magazine to a licensed dealer
or gunsmith for repair and its return to its owner.
Possession of other firearms and related items may be punished as either a
misdemeanor or as a felony. This includes, but is not limited to:(1) any
firearm that is not immediately recognizable as a firearm; (2) any
camouflaging firearm container; (3) any ammunition which contains any
flechette dart; (4) any bullet containing or carrying an explosive agent;
(5) any multiburst trigger activator; (6) any short-barreled shotgun or
rifle; (7) any zip gun; and (8) any unconventional pistol. The following are
some of the exceptions: (1) possession of short-barreled shotguns and rifles
when authorized by the Department of Justice and not in violation of federal
law; (2) antique firearms, which are defined as: any firearm not designed or
redesigned for using rimfire or centerfire ammunition and manufactured in or
before 1898 (including any matchlock, flintlock, percussion cap or similar
type of ignition system or replica thereof, whether actually manufactured
before 1898) and also any firearm manufactured in or before 1898 using fixed
ammunition which is no longer manufactured in the U.S. and is not readily
available in the ordinary channels of commercial trade; (3) tracer
ammunition for use in shotguns; and (4) any "curio or relic" or "any other
weapon" as defined by federal law possessed by a person who is otherwise
permitted to possess it under federal law and not prohibited from possessing
firearms and ammunition under California law.
PURCHASE
Transfer or sale of all firearms must be processed with a California gun
dealer's license. An application for transfer must be made with the gun
dealer before any firearm may be sold or transferred. This application
contains a description of the buyer or transferee and of the firearm. A copy
is sent by the dealer to the California Department of Justice and the local
police chief or sheriff. The dealer may be charged a fee up to $14 by the
Department of Justice. If the Department of Justice determines that the
buyer or transferee is not eligible to possess a firearm, they shall notify
the dealer immediately. There is a 10-day waiting period before delivery of
any firearm. Dealers must keep a register of all firearm transfers. A person
under restraining order may not acquire any firearm.
Starting October 1, 1993, no firearm capable of being concealed upon the
person shall be delivered or sold unless the person receiving the firearm
presents to the gun dealer a basic firearms safety certificate approved by
the California Department of Justice.
No person shall make an application to purchase more than one pistol,
revolver, or other firearm capable of being concealed upon the person within
a 30-day period and no delivery shall be made to any person who has made an
application to purchase more than one pistol, revolver, or other firearm
capable of being concealed upon the person within any 30-day period.
A gun dealer must post a sign advising "If you leave a loaded firearm where
a child obtains and improperly uses it, you may be fined or sent to prison."
The waiting period and dealer application do not apply to transfers to
police officers, other gun dealers, manufacturers, or importers, antique
firearms, and rifles and shotguns which are classified as curios or relics
by the federal government, infrequent gifts or transfers to one's "immediate
family," an infrequent temporary loan not to exceed 30 days to a person who
is not prohibited from possessing a firearm, and a transfer of a rifle or
shotgun at auctions by nonprofit or public benefit corporations.
It is unlawful for any person to transfer any firearm to a person who is
forbidden to possess or own a firearm. A dealer may not transfer a pistol to
a person under 21 or other firearm to a person under 18.
It is unlawful to purchase, receive, or attempt to purchase or receive a
firearm if such person is subject to a protective order, temporary
restraining order or injunction.
Within 60 days of bringing a pistol, revolver or other firearm capable of
being concealed upon the person into this state, the person importing the
firearm must complete and return a Department of Justice registration form
or sell or transfer the firearm to a licensed dealer, sheriff or police
department.
CARRYING
It is unlawful to carry a loaded rifle, shotgun, or handgun in any public
place or on any public street in an incorporated area or an area where
firing a firearm is prohibited. In California, a firearm is considered
loaded if unexpended ammunition capable of being used in the firearm is
attached in any manner to the firearm. The following persons and situations
are exceptions:
1. Persons shooting on target ranges, or while hunting on the premises of a
shooting club.
2. A person who reasonably believes that he or his property is in immediate
danger and the weapon must be carried for "preservation."1
3. A person "engaged in the act of making or attempting lawful arrest."
4. A person carrying a firearm while at home or at his place of business,
including temporary residences and campsites.
Carrying a handgun concealed is prohibited without a license. The law states
that "Firearms carried openly in belt holsters are not concealed within the
meaning of this section."
Application for a license to carry a concealed firearm is made to the county
sheriff or the city chief of police.
The officer may issue a license if the applicant establishes that he or she
is of "good moral character," a resident of the county and that "good cause
exists" for the issuance of the license. The licensing authority shall give
written notice of approval or denial within 90 days of application or 30
days after the receipt of the background check, whichever is later. "A
license may include any reasonable restrictions or conditions" and it shall
contain the caliber and serial number of the firearm(s) authorized to be
carried. A new license applicant must complete a gun safety and use of force
course. The course shall not exceed 24 hours; for renewals it shall be at
least 4 hours. The Department of Justice shall charge a fee not to exceed
the application processing costs, and the licensing authority may charge a
fee not to exceed $100, excluding fingerprint and training costs. The
renewal fee shall not exceed $25 and the amendment fee shall not exceed $10.
The applicant may be required to take a psychological test used by the
licensing authority for its employees, and the testing fee shall not exceed
$150. The license is valid up to 2 years. But the license is valid only for
up to 90 days if the applicant's place of employment or business was the
basis for its issuance, and it shall be valid only in the county where it
was issued. A license holder must notify the licensing authority in writing
within 10 days of a change of residence.
The issuing officer has the power to include, in his discretion, any
"reasonable" restrictions on the license to carry (such as time, place,
etc.).
The application must contain a description of the licensee and the gun or
guns to be carried. The applicant must be fingerprinted and a copy of the
prints sent to the Department of Justice.
NOTE: Despite the existence of this licensing procedure, it is reported that
in many California counties, the license is extremely difficult, if not
impossible, to obtain.
CARRYING AND TRANSPORTATION IN VEHICLES
Carrying a handgun concealed within a vehicle is prohibited without a
license. A handgun carried in a glove compartment or under the seat of a
vehicle is considered to be concealed. A handgun placed in the trunk of an
automobile, or locked in a container in the vehicle other than the utility
or glove compartment or while in a locked container carried directly to or
from a vehicle is deemed not to be "concealed." A locked container means a
fully enclosed secure container locked by a key lock or similar locking
device.
Exceptions to this prohibition are:
1. Members of clubs organized for practice shooting while on any established
target range or going to and from such range.
2. Licensed hunters and fishermen while engaged in hunting or fishing and
while going to or from such hunting or fishing expeditions.
3. Members of an antique or historical collector's club while at a show, or
while going to and from a display as long as the weapons are locked in a
trunk or are in a locked container.
ANTIQUES AND REPLICAS
Antique firearm means any firearm not designed or redesigned for using
rimfire or centerfire ammunition and manufactured in or before 1898
(including any matchlock, flintlock, percussion cap or similar type of
ignition system or replica thereof, whether actually manufactured before
1898) and also any firearm manufactured in or before 1898 using fixed
ammunition which is no longer manufactured in the U.S. and is not readily
available in the ordinary channels of commercial trade.
MACHINE GUNS
A machine gun is defined as any firearm which shoots, or is designed to
shoot, automatically, more than one shot, without manual reloading, by
single function of the trigger. The term also includes any conversion part,
frame or receiver of a machine gun, or any firearm deemed as such by the
federal government. Upon a showing of good cause, a permit for possession
and/or transportation may be issued by the Department of Justice.
It is unlawful to possess a destructive device, including tracer or
incendiary ammunition or any firearm larger than .60 caliber which fires
fixed ammunition, or any fixed ammunition for such firearm. Excluded are
shotguns and shotgun ammunition.
NOTE: It has been reported that the Department of Justice refuses to grant
such permits.
MISCELLANEOUS PROVISIONS
No license or permit shall be required to possess keep, or carry a handgun
openly or concealed in one's home or place of business.
The state legislature also has expressed its intention to occupy the whole
field of the regulation and licensing of firearms, thus precluding cities
and other localities from enacting firearms laws.
It is unlawful to set any spring or "trap" gun.
It is unlawful to change, alter or remove the serial number, maker's name or
other identifying mark from any firearm, unless one has secured the written
permission of the Department of Justice. Possession of a firearm with
altered identifying marks creates a legal presumption that the possessor
committed the offense.
It is unlawful to possess a firearm on the grounds or in the buildings of
any school without permission of the school authorities, or courthouse,
State Capitol building or grounds, any legislative office or the office or
residence of the Governor, constitutional officer or member of the
Legislature.
A minor under 16 may not possess live ammunition except with the written
permission or under the supervision of a parent or guardian, or while going
to or from an organized lawful recreational or competitive shooting activity
or lawful hunting activity.
It is unlawful to possess, transport, or sell ammunition principally for use
in a handgun which is "designed primarily to penetrate metal or armor." It
is unlawful to possess a multi-burst trigger activator or a zipgun.
It is unlawful to store a loaded firearm where the person knows or
reasonably should know that a child under 16 is likely to gain access to the
firearm without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and causes death or great bodily
harm to self or any other person. This prohibition shall not apply if: (1)
the child obtains the firearm as a result of an illegal entry to any
premises by any person; (2) the firearm is kept in a locked container or in
a location which a reasonable person would believe to be secure; (3) the
firearm is carried on the person or within such a close proximity so that
the individual can readily retrieve and use the firearm as if carried on the
person; (4) the firearm is equipped with a locking device; (5) the person is
a peace officer or member of the U. S. armed forces and the child obtains
the firearm during, or incidental to, the performance of the person's
duties; (6) the child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person; and (7) the person
who keeps a loaded firearm on any premise which is under person's custody or
control has no reasonable expectation, based on objective facts and
circumstances, that a child is likely to be present on the premise
Effective January 1, 2000, the California Attorney General shall develop
regulations on standards for firearm safety devices and gun safes. The
report shall be presented to the legislature no later than January 1, 2001,
and the final standards shall be effective January 1, 2002.
Effective January 1, 2001, all firearm safety devices must be tested by a
laboratory certified by the California Department of Justice and the results
submitted to the California Department of Justice.
Effective July 1,2001, the California department of Justice is required to
compile, publish, and maintain a roster listing all approved firearms safety
devices.
Effective January 1, 2002, all firearms sold or transferred or manufactured
in California shall include or be accompanied by an approved firearm safety
device, and shall be accompanied with warning language or labels about
danger to children and the requirement of firearm safe storage
Exempt from the safety device requirement are transfers to law enforcement,
firearms defined as antiques under federal law, owners of gun safes and
purchasers of an approved firearm safety device no more than 30 days prior
to the purchaser or transferee taking possession of the firearm.
The California Department of Justice may require each firearm dealer to
charge a firearm purchaser or transferee a $1 transaction fee, which will go
into the Firearm Safety Account.
Notes
1Claiming this exception is difficult, since a person accused of a violation
must prove in court the "reasonableness" of his belief.
SOURCE: Cal. Penal Code sec, 12020 et. seq.