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Gun Laws

Below is a summery of California gun laws. The following is provided as a convenience guild only, and should never be relied on as legal advice. If you have questions regarding gun laws and / or how they apply to your question or situation you should seek the advice of a lawyer. How to find information on laws regarding the possession of firearms in California. *Excluding assault weapons

These laws can be found in the Penal Code beginning at Section 12000. They define the various types of dangerous weapons, including firearms, and restrictions and crimes relating to their manufacture, sale, possession and transportation. Penal Code Sections of special interest include 12001 (definitions), 12025 (carrying concealed), 12026 (possession at home/private property), 12031 (carrying loaded), and 12035-36 (firearms storage / access by children).

Purchasing a firearm in California

Firearms purchased and transferred in California, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun.

To buy a handgun, a person must be at least 21 years of age, and either

1. possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or
2. qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a driver’s license or other DMV-issued identification).

Can I legally possess and/or purchase firearms. Find out before you attempt to purchase one.

You can request the Department of Justice conduct a firearms eligibility background check prior to purchasing a firearm. Applications are also available through your local firearms dealer. If you’re unsure of your eligibility status you should check prior to any attempts.

The Handgun Safety Certificate (HSC) requirements.

Prior to the submission of DROS information for a handgun purchase, individuals purchasing handguns must present an HSC or provide the dealer with a qualified exemption pursuant to California Penal Code Section 12081.

The following qualify for HSC exempt status:

• Peace officer (active California)
• Peace officer (active federal)
• Peace officer (honorably retired California or federal)
• Reserve peace officer (as defined in Penal Code Section 832.6)
• Persons who have successfully completed P.O.S.T. 832 PC firearms training
• Federally licensed firearm collector who has a DOJ-issued COE who is acquiring a federally-defined curio/relic
• Person to whom a handgun is being returned, where he/she is the owner of the firearm
• Carry Concealed Weapon (CCW) Permit Holder
• Military - active duty
• Military - honorably retired
• Military - active reserve
• Certain particular and limited authority peace officers
• Persons who hold a DOJ-issued special weapons permit
• Persons taking possession of firearms pursuant to specific conditions related to operation of law acquisitions
• Law enforcement service weapon passed to surviving family member

Obtaining an HSC

You may obtain an HSC by passing the DOJ HSC test administered by a DOJ Certified Instructor. See Penal Code section 12800 through 12809 for more specific information.

Giving a firearm to my adult child, Can he/she give it back to me later?

As long as the adult child receiving the firearm is not prohibited from possessing the firearm, and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must report the transfer to the DOJ. The form can be obtained on their web site. Keep in mind assault weapons may not be transferred in this fashion. See Penal Code section 12285 for further information. Also the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. The same guild line used to transfer above should be adequate.

Store your my firearms where children cannot access them

In most cases, if you keep any loaded firearm within any premise which is under your custody or control and know or reasonably should know that a child (person under 18 years of age) is likely to gain access to the firearm, you may be guilty of a felony if a child gains access to that firearm and thereby causes death or injury to any person unless the firearm was in a secure locked container or locked with a locking device that rendered it inoperable. See Penal Code sections 12035 through 12036 for further reference.

Limit on the number of handguns that you can own or purchase

While no limitation exists for the number of handguns that you may own, you are generally limited to purchasing no more than one handgun in any 30-day period. See Penal Code section 12072 (a) (9) for reference. Restrictions on firearms possession.

Any person who has a conviction for any misdemeanor listed in Penal Code section 12021(c)(1) or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code Section 8103 is prohibited from buying, owning, or possessing firearms. Various other prohibitions exist for mental conditions, domestic restraining/protective orders, conditions of probation, and offenses committed as a juvenile. Penal Code sections 12021 and 12021.1, Welfare and Institutions Code Sections 8100 and 8103)If you have any questions as to your eligibility to posses a firearm, you should seek the advice of a lawyer.

Carry a concealed firearm in California (CCW)

You may not carry a concealed firearm on your person in public unless you have a valid CCW license. CCW permits are issued only by a county sheriff to residents of the county, or by the head of a city police department to residents of that city. The California Penal Code addresses this in sections 12025 through 12031 and 12050 through 12050.

How to obtain a Carry Concealed Weapon (CCW) license in California

Contact your county's Sheriff's Office or, if you are a resident of an incorporated city, your city's Police Department, for information on obtaining a CCW license. They can answer your questions and provide you with copies of their CCW policy statement and the State's Standardized CCW Application. If you live within a jurisdiction of a city Police Department, you may apply to the county Sheriff's Office for a CCW license.

Is my CCW licenses issued in other state(s) valid in California?

The short answer is no. California does not give or allow reciprocity to other states. One of the main reasons for that is California is what’s known as a “may issue” state. That gives the Sheriff of the county the sole and final decision on the issuance of permits within his county. For further reference see California Penal Code section 12050. On the other hand, some states will recognize your California CCW permit as valid while in that state. You should inquire about each state’s reciprocity laws with regard to CCW permits prior to traveling.

Do my firearms need to be registered?

There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.

Moving into California and own several handguns, the new-resident registration requirements.

You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the “New Resident Handgun Ownership Report”. You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California. For further reference see California Penal Code sections 12007 ( n ) and 12072 ( f ) ( 2 ).

Large-capacity magazine

Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers. For further reference see California Penal Code section 12020 ( b ) ( 19-29 )

Assault Weapons

Assault weapons are generally defined in the California Penal Code in sections 12275 through 12290. Below is an excerpt of the Penal Code as pertaining to the Roberti-Roos ASSAULT WEAPONS CONTROL ACT OF 1989 and the.50 Caliber BMG Regulation Act of 2004.

12275. This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the .50

Caliber BMG Regulation Act of 2004.

• 12275.5. (a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 12276 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
• (b) The Legislature hereby finds and declares that the proliferation and use of .50 BMG rifles, as defined in Section 12278, poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession.
• 12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms: (a) All of the following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) UZI and Galil. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) HK-91, HK-93, HK-94, and HK-PSG-1 (10) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M11. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 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) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M-11. (C) Advance Armament Inc. M-11. (D) Military Armament Corp. Ingram M-11. (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) The Streetsweeper type S/S Inc. SS/12. (d) Any firearm declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 12276.5. (e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. (f) This section is declaratory of existing law, as amended, and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to Section 12276.5, and any other models which are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
• 12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean 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, center fire 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) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon" pursuant to this section are exempt, as provided in subdivision (c). (c) "Assault weapon" does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):
• • BENELLI : MP90 .22LR
  • BENELLI : MP90 - .32 S&W LONG
  • BENELLI : MP95 - .22LR
  • BENELLI : MP95 - .32 S&W LONG
  • HAMMERLI : 280 - .22LR
  • HAMMERLI : 280 - .32 S&W LONG
  • HAMMERLI : SP20- .22LR
  • HAMMERLI : SP20 - .32 S&W LONG
  • PARDINI : GPO - .22 SHORT
  • PARDINI : GP-SCHUMANN - .22 SHORT
  • PARDINI : HP - .32 S&W LONG
  • PARDINI : MP - .32 S&W LONG
  • PARDINI : SP - .22LR
  • PARDINI : SPE - .22LR
  • WALTHER : GSP - .22LR
  • WALTHER : GSP - .32 S&W LONG
  • WALTHER : OSP - .22 SHORT
  • WALTHER : OSP-2000 - .22 SHORT

(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. (d) 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. (e) This section shall become operative January 1, 2000.

The waiting period for firearm purchases

The waiting period for the purchase or transfer of a firearm is ten (10) 24-hour periods from the date and time of the submission of the DROS information to the DOJ.

Firearm is in the possession of a court or law enforcement agency.

How to Get your Gun Back from Law enforcement

You must complete a “Law Enforcement Gun Release Application”. Send the application along with the appropriate processing fee to the Department of Justice. The processing fee for a Law Enforcement Gun Release Application is $20.00 for the first firearm (long gun or handgun), and $3.00 for each additional handgun listed on the application.

If the court or agency in possession of your firearm determines that the firearm was reported stolen, the fee for the stolen firearms(s) will be waived. You must send documentation from the court or agency confirming that the firearm was reported stolen along with the Law Enforcement Gun Release Application to quality for the fee waiver.

Once DOJ receives your Law Enforcement Gun Release Application, a firearms eligibility check will be conducted to determine if you are lawfully eligible to possess firearms. You will receive a notice of the results. If this notice states that you are eligible to possess firearms, you then take the notice to the court or agency in possession of your firearm to claim it. The notice must be presented to the court or agency within thirty (30) days of the date of the notice. Failure to do so will result in the need to submit a new application and fees to undergo another firearms eligibility check.