What You Need to Know About California Laws
It can be daunting to discern between each state’s unique gun laws. Here are some commonly asked questions about California gun laws.
At what age can I purchase a gun in California?
California Penal Code section 27510 prohibits a licensed dealer from the sale, supply, delivery, or transfer of possession or control of a firearm to anyone under 21 years of age.
An individual 18 years or older may own a gun that is not a handgun if:
- The Department of Fish and Wildlife issues the person a valid, unexpired hunting license,
- The person is an active peace officer authorized to carry a firearm for employment,
- The person is an active federal officer or law enforcement agent authorized to carry a firearm for employment as a reserve peace officer,
- The person provides proper identification of active membership in the United States Armed Forces, National Guard, Air National Guard, or active reserve components of the United States, or
- The person provides proper identification of honorable discharge from the United States Armed Forces, National Guard, Air National Guard, or active reserve components of the United States.
Who does California prohibit from the purchase or ownership of a gun?
California Penal Code section 29805 prohibits any person guilty of the following from firearm possession or ownership:
- A Misdemeanor or felony,
- Addiction to a narcotic drug,
- Involuntary confinement due to representing a danger to themself or others.
California can also prohibit firearm possession or ownership based upon mental fitness, probation orders, restraining orders, and juvenile offenses.
How can I discover if I qualify to possess, purchase, or own a firearm in California?
A person unsure of eligibility to own a firearm in California may submit a California Firearms Eligibility Check (PFEC) Application to the Department of Justice. A PFEC allows a person to discover if they qualify for forearm ownership of possession. However, an individual should also consult the National Instant Criminal Background Check System (NICS) to ensure the person meets all NICS requirements.
Does California permit citizens to carry concealed firearms?
California does not allow a person to carry a concealed firearm unless the person obtains a Carry Concealed Weapon (CCW) license. California only recognizes CCW permits issued within the State of California.
Related: How to Get a CCW Permit in California
What types of firearms does California ban?
California Penal Code section 165950 considers any of the following firearms a “generally prohibited weapon:”
- Cane gun (Section 24410),
- Wallet gun (Section 24710),
- Zip gun (Section 33600),
- Not immediately recognizable firearm (Section 24510),
- Undetectable firearm (Section (24610),
- Unconventional pistol (Section 31500),
- A short-barreled rifle or short-barreled shotgun (Section 33215),
- Assault rifle, and
- Browning machine gun (BMG) rifle.
California prohibits gun ammunition and accessories if:
- The ammunition contains or consists of a flechette dart (Section 30210),
- The ammunition carries an explosive agent (Section 30210),
- The ammunition is a large capacity magazine (Section 32310),
- The firearm container is camouflage (Section 24310), and
- The trigger activator is a multi-burst trigger activator (32900).
California restricts, but not permits, the following items:
- Armor-piercing bullets (Penal Code 30315 PC),
- Silencers (Penal Code 33410 PC),
- Stun guns (Penal Code 22610 PC), and
- Laser scopes and laser pointers (Penal Code 417.25 PC).
California may further prohibit the manufacture, distribution, transportation, import, sale, possession, ownership, or use of additional firearms and/or accessories if the items violate any other existing California statutes.
Related: Child Support FAQs in California
Can I restore my gun rights in California?
California does allow a person to restore gun rights if a criminal conviction strips the person of the ability to own, purchase, and possess a firearm. An individual may explore the following options to restore gun rights in California:
- Get a wobbler felony reduced to a misdemeanor, or
- Obtain a pardon from the Governor of California.
A wobbler crime is a crime the prosecutor may charge as a felony or misdemeanor in California. An individual convicted of a wobbler felony may file a petition to reduce the offense to a misdemeanor.
What is California’s Firearm Safety Certificate (FSC) requirement?
California Penal Code section 31700 requires the purchaser of a firearm to provide the dealer with an FSC or proof of exemption. The purchaser must provide the FSC or proof of exemption before a dealer submits the DROS information for a firearm.
An individual must correctly answer at least 23 out of 30 questions (75% or above) on the FSC Test. The Department of Justice authorizes certified instructors to administer the test at firearms dealerships.
The fee to replace a lost or misplaced FSC is $5. The replacement FSC reflects the same expiration date as the original.
Do I have to register my firearm in California?
California only requires assault weapon owners and personal handgun importers to register weapons. An individual must submit a Firearm Ownership Report (FOR) Application (BOF 4542A) and pay a $19 fee if the person seeks the return of a lost or stolen firearm. The Department of Justice will review the application to determine the weapon’s most recent ownership and authorize the return of the person’s firearm.
Can I sell a gun directly to another person without a licensed California arms dealer?
California requires a licensed firearms dealer to process any “private property transfer.” Both parties must meet standard California gun ownership requirements. The licensed firearms dealer must process the private property transfer but cannot charge more than $10 per firearm to facilitate the sale. Antique firearms, firearms over 50 years old, are exempt from the requirement.
Can I use a temporary license as proper identification to purchase a firearm in California?
California does not accept any temporary identification as legitimate proof of identity and age to purchase a firearm.
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