Welcome to the comprehensive guide on California gun laws for the year 2023! If you have questions about owning, carrying, or purchasing firearms in the Golden State, you’ve come to the right place. In this article, we’ll address the top 12 questions to help you navigate the ever-evolving landscape of California gun laws.
1. Who is (and isn’t) allowed to have guns in California?
Under California gun laws, individuals who are legally allowed to possess firearms include law-abiding citizens who are at least 18 years old for long guns and 21 years old for handguns. However, those with certain criminal convictions, mental health issues, or restraining orders are prohibited from having guns in California.
1.1. People prohibited from possessing a gun
In accordance with California gun laws, individuals prohibited from possessing a gun include convicted felons, individuals with certain misdemeanor convictions, those with a history of mental illness, people subject to restraining orders, and anyone with a prior conviction for domestic violence. These restrictions aim to ensure public safety and prevent potential misuse of firearms.
1.2. Firearm Safety Certificates
As part of California gun laws, individuals seeking to purchase a handgun must obtain a Firearm Safety Certificate (FSC). This certificate demonstrates the holder’s knowledge of firearm safety laws and handling procedures. Successfully completing the FSC test is a prerequisite for purchasing a handgun legally in the state.
2. What is the process for buying, selling, and registering guns?
Under California gun laws, the process for buying, selling, and registering guns is regulated and requires adherence to specific procedures. To purchase a firearm, individuals must undergo a background check and complete a waiting period. Private sales must go through a licensed dealer, and all handguns must be registered with the state.
2.1. Buying
In California, buying a firearm involves several steps to comply with state gun laws. Prospective buyers must choose a licensed dealer, complete a background check through the California Department of Justice, and follow a mandatory waiting period. Additionally, individuals purchasing handguns must obtain a Firearm Safety Certificate (FSC) before the transaction.
2.2. Selling
Selling firearms in California is subject to strict regulations outlined in state gun laws. Private sales must be conducted through a licensed dealer, who performs background checks on the buyers. Additionally, sellers must comply with any local laws and ensure the buyer is eligible to possess firearms before completing the transaction.
2.3. Registering
In California, registering handguns is mandatory under state gun laws. Within 30 days of acquiring a handgun, individuals must complete the necessary paperwork and submit it to the California Department of Justice. This process ensures that handguns are properly documented and accounted for in the state’s firearm registry.
3. Are there rules about transporting and storing firearms?
Yes, California gun laws include specific rules regarding the transportation and storage of firearms. When transporting firearms, they must be unloaded and kept in a locked container separate from ammunition. If left in an unattended vehicle, the firearms must be secured in the trunk. Proper storage measures are essential to ensure firearms are not accessible to unauthorized individuals.
3.1. Transporting
In accordance with California gun laws, transporting firearms requires adherence to specific regulations. Firearms must be unloaded and stored in a locked container when being transported in a vehicle. Additionally, it is crucial to transport firearms directly to lawful locations, such as shooting ranges or private properties where possession is permitted.
3.1.1. Handguns that can be concealed
In accordance with California gun laws, transporting firearms requires adherence to specific regulations. Firearms must be unloaded and stored in a locked container when being transported in a vehicle. Additionally, it is crucial to transport firearms directly to lawful locations, such as shooting ranges or private properties where possession is permitted.
3.1.2. Firearms that cannot be concealed
Under California gun laws, firearms that cannot be concealed, such as rifles and shotguns, may be transported in public as long as they are unloaded and securely stored in a locked container. While they can be openly carried, it is essential to comply with state and local laws regarding firearm possession and carry in public areas.
3.1.3. Assault rifles
California gun laws have specific restrictions on assault rifles. Under the state’s Assault Weapons Control Act, certain firearms are classified as assault weapons and are prohibited from possession, manufacture, sale, or transfer. Exceptions exist for individuals who legally owned assault weapons before specific dates and registered them with the state.
3.2. Storing
In compliance with California gun laws, proper firearm storage is crucial to prevent unauthorized access. When not in use, firearms must be stored in a secure and locked container, separate from ammunition. Additionally, owners must take reasonable steps to ensure that children or unauthorized individuals cannot access the firearms to avoid potential accidents or misuse.
3.2.1. Child present
In the presence of a child, California gun laws impose additional storage requirements. If a child is likely to gain access to a firearm, the law mandates that the firearm must be stored in a locked container or equipped with a locking device. This measure aims to prevent unintentional firearm-related incidents involving children.
3.2.2. Storage with prohibited person
In accordance with California gun laws, firearms must not be stored with prohibited individuals. If someone in the household is legally disqualified from possessing firearms, the owner must ensure that the firearms are stored in a manner inaccessible to the prohibited person. Complying with this regulation helps prevent unauthorized access to firearms by individuals who are not allowed to possess them.
4. Who is allowed to carry a concealed weapon?
Under California gun laws, individuals who are allowed to carry a concealed weapon are those who possess a valid Concealed Carry Weapon (CCW) permit issued by the local sheriff’s department or police chief. This permit authorizes the holder to carry a concealed handgun in public places, subject to specific conditions and restrictions outlined by the issuing authority.
4.1. Penal Code 25400
Penal Code 25400 is a specific section of California gun laws that addresses the carrying of a concealed firearm without a valid permit. It prohibits carrying concealed firearms in public without a Concealed Carry Weapon (CCW) permit. Violation of Penal Code 25400 can result in criminal charges and penalties under California law.
4.2. Concealed carry permit
Obtaining a concealed carry permit is a crucial process under California gun laws for individuals who wish to carry a concealed weapon in public. To obtain a Concealed Carry Weapon (CCW) permit, applicants must meet specific eligibility requirements, which may vary by county, and undergo background checks and firearm training. The permit allows legal concealed carry in compliance with state regulations.
5. Is anyone allowed to open carry?
No, not everyone is allowed to open carry firearms in California. While some states permit open carry of firearms without a permit, California gun laws do not allow open carry of handguns in public places. Exceptions exist for certain individuals, such as law enforcement officers and those with valid Concealed Carry Weapon (CCW) permits.
6. Are certain types of firearms illegal altogether?
Yes, certain types of firearms are illegal altogether under California gun laws. Assault weapons, as defined by the state’s Assault Weapons Control Act, are prohibited from possession, manufacture, sale, or transfer. Additionally, certain high-capacity magazines and specific types of firearms not compliant with state regulations are also illegal in California.
7. What about assault weapons?
Under California gun laws, assault weapons are strictly regulated and generally illegal for civilian ownership. The state’s Assault Weapons Control Act defines specific features that classify firearms as assault weapons, such as detachable magazines and specific grips. Possession, sale, or transfer of assault weapons is prohibited in California, with limited exceptions for law enforcement and military personnel.
7.1. Penal Code 30600
Penal Code 30600 is a specific section of California gun laws that addresses the unlawful possession, manufacture, import, or sale of assault weapons and their components. This statute reinforces the state’s strict regulations on assault weapons, imposing severe penalties for violations, including criminal charges and potential imprisonment.
7.2. Definition of assault weapons and .50 BMG rifles
Under California gun laws, assault weapons are defined as firearms with specific features, such as detachable magazines, pistol grips, and folding or telescoping stocks. Possession of assault weapons, as defined in the Assault Weapons Control Act, is generally illegal.
Additionally, California gun laws also regulate .50 BMG rifles, which are firearms chambered for .50 Browning Machine Gun ammunition. These rifles are subject to strict registration requirements and can only be legally possessed by individuals who meet specific criteria outlined in the state’s gun laws.
8. Are there places where guns are prohibited?
Yes, California gun laws prohibit firearms in certain places, referred to as “gun-free zones.” These zones include schools, government buildings, airports, public transportation facilities, and private properties with posted signage prohibiting firearms. Additionally, businesses and establishments can legally ban firearms on their premises under certain conditions outlined in state gun laws.
8.1. School grounds
Under California gun laws, firearms are strictly prohibited on school grounds, including K-12 schools and college campuses. It is illegal to possess firearms within 1,000 feet of school grounds unless you are a law enforcement officer or have written permission from the school’s administration. Violating this law can result in serious criminal charges and penalties.
8.2. Public buildings and meetings open to the public
In accordance with California gun laws, firearms are prohibited in public buildings and meetings open to the public. This includes government buildings, courthouses, city halls, and places where public meetings or hearings take place. The restriction aims to ensure public safety and prevent potential risks associated with firearms in sensitive or crowded locations.
8.3. Government buildings
In California, government buildings are considered gun-free zones under state gun laws. It is illegal to carry firearms in government buildings, including federal, state, and local government facilities. This restriction aims to maintain a safe environment within these premises and prevent potential security threats related to the presence of firearms.
8.4. The Governor’s mansion
The Governor’s mansion in California is designated as a gun-free zone under state gun laws. It is illegal to carry firearms on the premises of the Governor’s mansion, ensuring the safety and security of the highest elected official and visitors to the residence. Violation of this restriction can lead to serious legal consequences.
8.5. Airports and passenger vessel terminals
California gun laws prohibit firearms in airports and passenger vessel terminals. It is illegal to carry firearms in areas beyond the security checkpoints of airports or inside passenger vessel terminals. These restrictions are in place to maintain safety and prevent potential threats in areas where large numbers of people gather and travel.
8.6. Public transit facilities
California gun laws prohibit firearms in public transit facilities, such as buses, trains, and stations. It is illegal to carry firearms on public transportation or in areas designated for public transit services. These restrictions aim to ensure the safety and security of passengers and employees in these busy and crowded locations.
9. What are the rules on ammunition and gun accessories?
Under California gun laws, there are specific rules regarding ammunition and gun accessories. Ammunition sales require a background check, and online purchases must be shipped to licensed dealers. High-capacity magazines are generally prohibited, with exceptions for law enforcement and military personnel. Certain gun accessories, such as bump stocks, are also banned in the state.
9.1. Large capacity magazines
California gun laws strictly regulate large capacity magazines. Possession, manufacture, sale, or transfer of magazines capable of holding more than 10 rounds is generally prohibited. There are exceptions for law enforcement, military, and certain individuals who legally possessed these magazines before specific dates and registered them with the state.
9.2. Armor-piercing ammunition
California gun laws also prohibit the possession, sale, or transfer of armor-piercing ammunition, with limited exceptions for law enforcement and military personnel. Armor-piercing ammunition is designed to penetrate body armor and poses significant risks to public safety. Possession of such ammunition can result in criminal charges and penalties under California law.
9.3. Silencers
California gun laws prohibit the possession, sale, or use of silencers, also known as suppressors, for firearms. Silencers are considered dangerous accessories that could facilitate criminal activities or endanger public safety. As such, their possession or use by civilians is strictly prohibited under California law. Exceptions exist for authorized law enforcement and military personnel.
9.4. Stun guns
Under California gun laws, stun guns, also known as Tasers, are restricted for public possession and use. Stun guns can only be carried by individuals with a valid Concealed Carry Weapon (CCW) permit. Without a CCW permit, possessing or using a stun gun in public is illegal in the state of California.
9.5. Laser scopes and laser pointers
California gun laws regulate the use of laser scopes and laser pointers on firearms. It is illegal to attach a laser scope to a firearm in a way that creates a laser pointer, as it can pose a safety risk and potentially be confused with a firearm laser sight. Violating this law can result in penalties under California gun regulations.
10. How can I restore gun rights after a criminal conviction?
In California, individuals with a criminal conviction that resulted in the loss of gun rights may be eligible to restore their firearm rights under certain circumstances. The process involves petitioning the court and demonstrating rehabilitation and compliance with all legal requirements. Restoring gun rights is a complex legal procedure and requires legal guidance.
11. What are some California offenses that involve firearms?
Some offenses in California involving firearms include carrying a concealed weapon without a valid permit (Penal Code 25400), possessing an assault weapon or high-capacity magazine (Penal Code 30600), and using a firearm during the commission of a crime (Penal Code 12022.5). These offenses are subject to various penalties under California gun laws.
12. Are ghost guns legal in California?
As of my last update in September 2021, ghost guns were not entirely illegal in California, but the state had implemented some regulations to address them. Ghost guns are firearms that are typically homemade and lack serial numbers, making them untraceable. In 2021, California introduced laws requiring the serialization of ghost gun frames and receivers, and the sales of unfinished receivers were prohibited. However, I recommend checking the latest California gun laws for the most up-to-date information on ghost guns.