NRA / ILA Firearms Laws for Californa

NRA / ILA Firearms Laws for
A synopsis of state laws on purchase,
possession and carrying of firearms.
Compiled by:
NRA-Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(800) 392-8683
www.nraila.org
CALIFORNIA
(As of February 2007)
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 Owner NO NO
Permit to Carry NO YES
(if concealed)
*Police record purchases from dealers (all purchases).
Residents moving into California have 60 days to register
their handguns.)
PURCHASE
All firearms sales, transfers or loans, including private
transactions and sales at gun shows, must go through a
California licensed firearms dealer.
An application for sale or transfer must be made
with a licensed California gun dealer before any firearm
may be sold or transferred. This application contains a
description of the buyer or transferee and of the firearm.
The purchaser must present the dealer with a valid
California Driver’s License or a California Identification
Card and supply their right thumbprint. The purchaser
of a handgun must also provide additional proof of
California residence, other than a document from the
Department of Motor Vehicles. The dealer sends a copy
of the application to the California Department of Justice
and the local police chief or sheriff.
The CA DOJ will conduct a background check on
each buyer and the fee is $25.00. There is a 10-day
waiting period before delivery of any firearm. Dealers
must keep a register of all firearm transfers. If a person
has voluntarily been screened through the Personal
Firearms Eligibility Check, and has been found eligible
to purchase and possess firearms, that person must still
undergo a background check and a 10-day waiting period
when purchasing a handgun.
If a person does not take possession of the firearm
from the dealer within 30 days, the entire purchase process
must be repeated, including the payment of fees.
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.
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.
No person shall purchase or transfer a handgun to
someone without a Handgun Safety Certificate (HRC).
To receive a handgun safety certificate, a person must
pass a written test that includes but is not limited to laws
applicable to the ownership, use, handling, and carrying
of firearms, particularly handguns. A CA DOJ certified
instructor must administer the Handgun Safety Certificate
test. The HRC is valid for 5 years.
To receive a handgun from a dealer, a person must
have or buy an approved firearms safety device. A list of
firearms safety devices certified for sale can be found on
the California Department of Justice, Firearms Division
website at www.ag.ca.gov/firearms
No person may receive a firearm from a dealer unless
they demonstrate their ability to handle a handgun safely
and can properly operate all safety features.
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.”
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 handgun to a person under
21 or other firearm to a person under 18. It is unlawful
to sell or furnish a BB device to any minor without the
permission of their parent or guardian. It is unlawful for
a person to sell ammunition or reloaded ammunition to a
person under 18.
A firearm dealer may only offer for sale handgun
models that have passed firing, safety, and drop tests and
appear on the “Roster of Handguns Certified For Sale.”
Semiautomatic pistols without a chamber load indicator
or a magazine disconnect mechanism that do not pass
the safety testing requirements will not be placed on the
roster. All semiautomatic firearms on the roster must have
both a chamber load indicator and a magazine disconnect
mechanism. Private party transfers, curio/relic handguns,
certain single action revolvers and pawn/consignment
returns are exempt from this requirement. The roster can
be found at the Department of Justice website.
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.
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, or transfer
the gun to a sheriff or police department. Registration of
rifles and shotguns is not required.
If any person seeks to know whether they can possess
or purchase a firearm in California before a transfer is
made, they may request a Personal Firearms Eligibility
Check conducted by office of the Department of Justice.
A minor under 16 may not possess a handgun, unless
they are accompanied by their parent or guardian while
participating in a legal recreation activity involving
firearms or has written permission to participate in
such activities. 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
“ASSAULT WEAPONS”, .50 CALIBER BMG RIFLES
AND MAGAZINES
It is unlawful to offer for sale, give or lend any “assault
weapon” or .50 caliber BMG rifle. It is unlawful to possess
an “assault weapon” or a .50 caliber BMG rifle unless it
is properly registered with the state. The registration
period for “assault weapons” and .50 caliber BMG rifles
has ended. If an individual has an unregistered” assault
weapon” or .50 caliber BMG rifle after the registration
period has ended, they must relinquish the firearm to law
enforcement. Anyone with a registered “assault weapon”
or .50 caliber BMG rifle wishing to legally dispose of the
firearm: can sell it to a dealer with an “assault weapons”
permit (for such firearms) and .50 caliber BMG rifle permit
(for such rifles); or with both type of permits; relinquish it
to local law enforcement (after making an appointment);
remove the “assault weapon” or .50 BMG caliber rifle
from the state or destroy it. Any person inheriting a
registered “assault weapon” or .50 caliber BMG rifle has
90 days to render the weapon permanently inoperable,
sell to an approved firearms dealer, obtain a permit from
the Department of Justice to possess firearms, or move
the gun out of state. Pawning “assault weapons” and .50
caliber BMG rifles is not permitted.
California law defines “assault weapons” in three
ways:
• firearms listed on the original Roberti Roos assault
weapons law.
• any firearm that is in the AK and AR-15 - type
series.
• by the specific generic characteristics.
A further explanation of firearms considered
“assault weapons” can be found on the Department
of Justice website.
A person may lend a registered “assault weapon” or
a .50 caliber BMG caliber rifle to another person who is
18 years of age or over if 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 the “assault weapon” or .50 caliber BMG rifle 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.
Persons moving into California must comply with the
provisions of the law before moving.
Unless otherwise specified, registered “assault
weapons” may only be possessed:
• at registrant’s residence, place of business, or other
property owned by such registrant, or on property
owned by another with permission.
• at certain recognized target ranges or shooting
clubs.
• at certain recognized exhibitions.
• while on publicly owned land upon which
possession and use of “assault weapons” is
specifically permitted by the managing agency.
• while transporting the assault weapon between
any of the places listed above, or to any licensed
gun dealer.
It is unlawful for any person who manufactures,
imports, or offers for sale, gives, or lends any ammunition
magazine that can hold more than 10 rounds (not
including .22 tube magazines). Exceptions include: 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; 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; the
sale or purchase of a magazine to or by a person licensed
to sell firearms; and the lending or giving of a magazine to
a licensed dealer or gunsmith for repair and its return to
its owner.
CARRYING AND TRANSPORTATION IN
VEHICLES
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:
• persons shooting on target ranges, or while hunting
on the premises of a shooting club.
• a person who reasonably believes that he or his
property is in immediate danger and the weapon
must be carried for “preservation.”1
• a person “engaged in the act of making or
attempting lawful arrest.”
• 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 “Firearms carried openly in belt
holsters are not concealed within the meaning of this
section.”
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: members of clubs
organized for practice shooting while on any established
target range or going to and from such range; licensed
hunters and fishermen while engaged in hunting or
fishing and while going to or from such hunting or fishing
expeditions and 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 AND OTHER FIREARMS
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 has been
CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or
restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a
licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL
AND LOCAL.
This may be reproduced. It may not be reproduced for commercial purposes.
reported that the Department of Justice refuses to grant
such permits.
Possession of other firearms and related items is
unlawful and may be punished as either a misdemeanor
or as a felony. This includes, but is not limited to:
• any firearm that is not immediately recognizable
as a firearm.
• any camouflaging firearm container.
• any ammunition that contains any flechette dart.
• any bullet containing or carrying an explosive
agent.
• any multiburst trigger activator.
• any short-barreled shotgun or rifle.
• any zip gun; and
• any unconventional pistol.
The following are some of the exceptions: possession
of short-barreled shotguns and rifles when authorized by
the Department of Justice and not in violation of federal
law; 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; tracer ammunition for use in shotguns; and 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.
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.
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.
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 store a loaded firearm where the
person knows or reasonably should know that a juvenile
under 16 is likely to gain access to the firearm without
the permission of the juvenile’s parent or legal guardian
and the juvenile obtains access to the firearm and causes
death or great bodily harm to self or any other person.
This prohibition shall not apply if: the juvenile obtains
the firearm as a result of an illegal entry to any premises
by any person; the firearm is kept in a locked container or
in a location which a reasonable person would believe to
be secure; 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;
the firearm is equipped with a locking device; the person
is a peace officer or member of the U. S. Armed Forces
and the juvenile obtains the firearm during, or incidental
to, the performance of the person’s duties; the juvenile
obtains, or obtains and discharges, the firearm in a lawful
act of self-defense or defense of another person; and 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 juvenile is likely to be present on the premise.
SOURCE: Cal. Penal Code §12020 et. seq.