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California imposes specific age restrictions on firearm purchases. Individuals must be at least 21 years old to buy handguns and 18 years old to purchase shotguns or rifles. Responsible ownership is emphasized, and all buyers, including those at private sales and gun shows, must undergo a background check called the Dealer's Record of Sale (DROS) conducted by a licensed dealer.
Certain individuals are barred from possessing firearms in California, including those with felony convictions and drug addicts. Carrying concealed firearms or weapons is considered a criminal offense under California's gun laws, except for individuals who possess a valid concealed carry permit, which exempts them from this charge.
The open carry of loaded or unloaded firearms is generally prohibited in the state. The laws governing this are Penal Code 25850 PC for loaded weapons and Penal Code 26350 for unloaded weapons. California's Penal Code 16590 outlines the prohibition of specific firearms, such as:
Short-barreled shotguns and rifles (Penal Code 33215 PC)
Undetectable firearms (Penal Code 24610 PC)
Zip guns (Penal Code 33600 PC).
Assault weapons and BMG rifles are also banned in California under Penal Code 30600 PC. This ban encompasses their manufacture, distribution, transportation, import, sale, or gifting. Although a federal judge overturned the assault weapons ban, the decision is currently being appealed, and assault weapons remain illegal in California.
Carrying firearms is prohibited in certain locations, including:
Schools (Penal Code 626.9 PC)
Public buildings and meetings open to the public (Penal Code 171b PC)
Government buildings (Penal Code 171c PC)
The Governor's mansion (Penal Code 171d PC)
Airports and passenger vessel terminals (Penal Code 171.5 PC)
Public transit facilities (Penal Code 171.7 PC).
Beyond firearms, California's firearm laws extend to the regulation of armor-piercing bullets (Penal Code 30315 PC), silencers (Penal Code 33410 PC), stun guns (Penal Code 22610 PC), and laser scopes and pointers (Penal Code 417.25 PC).
Certain criminal convictions can result in the loss of the right to own, purchase, and possess firearms. Individuals in this situation may explore options such as reducing a wobbler felony to a misdemeanor or obtaining a pardon from the Governor of California to restore their gun rights. In this article, our California criminal defense attorneys will provide insights into key questions related to these gun laws and regulations.
The Second Amendment of the United States Constitution guarantees the right to bear arms. In California, most adults aged 21 and older have legal permission to purchase, own, and possess firearms. However, California's gun laws impose certain restrictions on this right.
To lawfully acquire a firearm in California, individuals must meet specific requirements, including obtaining a Firearm Safety Certificate (FSC) prior to making a purchase.
Certain individuals are prohibited from acquiring or possessing firearms in California. This includes individuals who:
Have been convicted of a felony
Are narcotics addicts
Have multiple convictions related to weapon brandishing
Have been convicted of specific misdemeanor offenses like domestic violence
Have been diagnosed with mental illness
Are under the age of 18 (with the exception of owning a BB gun with parental consent).
California's red flag law also allows family members, roommates, coworkers, employers, and teachers to seek restraining orders called Gun Violence Restraining Orders (GVROs) to remove firearms from individuals who may pose a potential danger.
It's important to note that if you are prohibited from owning firearms, you are also prohibited from possessing ammunition. However, if you do not fall into any of the prohibited categories mentioned above, you are legally permitted to purchase and possess firearms.
Regarding storage and transportation, you may keep a firearm within your owned residence or place of business. If you need to transport a firearm from one location to another, it must be securely locked in a container. Understanding and complying with California's gun laws is crucial to ensure that you exercise your rights responsibly and stay within the bounds of the law.
When acquiring a firearm in California, it is mandatory to possess a Firearm Safety Certificate (FSC) as stated in Penal Code 26840 PC. The FSC serves as proof of your knowledge regarding firearm safety regulations. However, for handguns, an expired handgun safety certificate is considered acceptable.
The law provides exemptions to the FSC requirement. Individuals with a valid hunting license who intend to own or possess long guns are exempt from obtaining a certificate. To obtain an FSC, you must successfully pass a written test administered by the California Department of Justice (DOJ). This test evaluates your understanding of firearm safety practices and regulations.
It is essential to comply with California's Department Of Justice firearm safety regulations and acquire the necessary certifications when obtaining a firearm in the state.
The State of California has implemented specific regulations and restrictions regarding the purchase, sale, and registration of firearms. These laws cover the following areas:
Gun Purchase - California's firearms laws establish guidelines and prerequisites that must be followed when buying a gun. These laws encompass age restrictions, background check procedures, and any additional criteria that individuals need to meet to lawfully obtain a firearm.
Gun Sale - When selling a firearm in California, there are specific rules and restrictions in place. These laws outline the procedures and requirements that sellers must follow, including conducting background checks on buyers and ensuring compliance with all relevant legal obligations.
Firearm Registration - California law mandates the registration of firearms. Owners are obligated to register their firearms with the appropriate authorities to ensure compliance with state regulations.
By familiarizing themselves with these laws and adhering to them, individuals can navigate the legal landscape surrounding the purchase, sale, and registration of firearms in the State of California. It is crucial to remain informed about the specific requirements and obligations to ensure full compliance with the law.
In California, the Dealer's Record of Sale (DROS) process mandates that all firearm purchases and transfers be conducted through a licensed gun dealer. This requirement applies to private-party transactions and purchases at gun shows, guaranteeing adherence to proper procedures.
State law imposes a mandatory 10-day waiting period before a seller can transfer firearm ownership to the buyer. This waiting period allows for a comprehensive background check and a designated period of time. According to Penal Code 27510, licensed dealers are prohibited from selling, supplying, delivering, transferring, or providing possession or control of a firearm to individuals under the age of 21, with a few exceptions.
Exceptions include buyers with a valid hunting license, active peace officers, or active federal officers or law enforcement agents authorized to carry firearms. The DROS process necessitates the presentation of valid evidence of age, such as a California driver's license, identification card, or military identification card with permanent duty station orders.
Moreover, proof of California residency is required, which can be established through documents such as utility bills, residential leases, property deeds, or government-issued IDs. It is important to note that while there is generally no limit on the total number of handguns an individual can purchase, there are typically restrictions on acquiring more than one handgun within a 30-day period.
Lastly, California has specific relaxed regulations for firearm transfers between family members, recognizing the unique circumstances of such transactions. These 2023 California gun laws aim to promote responsible and legal firearm transfers within the state.
California Penal Code 26700 PC provides the guidelines for obtaining a license as a firearms dealer. To become a licensed dealer, individuals must fulfill specific criteria, including:
Possession of a valid firearms license required by federal law.
Compliance with any local government regulations or business license obligations.
Possession of a valid seller's permit issued by the State Board of Equalization.
Under federal law, licensed firearms dealers are responsible for conducting background checks on purchasers prior to selling a firearm. It's important to note that all licensed dealers in California must also hold a federal firearms dealer license, ensuring consistent background checks.
Federal law prohibits individuals with certain criminal convictions or those subject to court orders related to domestic violence or serious mental conditions from acquiring or possessing firearms.
Engaging in the sale, lease, or transfer of firearms without a license is considered a misdemeanor under Penal Code 26500. Violators may face penalties, including up to one year in county jail and/or a maximum fine of $1,000. These regulations and restrictions are in place to uphold safety and ensure the responsible handling of firearms in California.
To register a firearm in California, individuals can complete and submit a Firearm Ownership Report (FOR) Application. This application serves as a declaration affirming lawful ownership of the firearm.
It's important to note that for most firearms and gun owners, the State's firearm laws do not require the submission of a FOR Application. Instead, firearm registration is typically handled by the gun dealer during the firearm sale transaction.
However, when individuals move into California with firearms already in their possession, registering the firearms becomes mandatory. This ensures compliance with state regulations and fulfills the legal requirement.
By duly completing and submitting the FOR Application, firearm owners fulfill their responsibility to register their firearms and abide by the applicable laws in California.
When transporting a firearm, it is essential to follow the state's regulations and prioritize public safety. Adherence to the following requirements is crucial:
Unloaded - The firearm must be unloaded, ensuring that there is no ammunition present in the chamber or magazine.
Locked Container - The firearm should be stored in a locked container, such as a secure case or the trunk of a vehicle. The container must be fully enclosed and locked, providing an extra layer of security.
By complying with these requirements, individuals can ensure the safe and responsible transportation of firearms in accordance with state regulations.
Transportation regulations for firearms in California vary depending on the type of firearm being transported. The following guidelines outline the specific considerations for each type:
Handgun That Can Be Concealed - When transporting a handgun capable of being concealed, specific rules are in place to ensure public safety and legal compliance. These rules may include restrictions on carrying a concealed firearm, requirements for a concealed carry permit, and guidelines for transportation in vehicles.
Firearm That Cannot Be Concealed - For firearms that cannot be concealed, separate guidelines typically focus on safe transportation practices to prevent accidents. This includes ensuring the firearm is unloaded, properly secured, and transported in a manner that minimizes risks to others.
Assault Rifle - Transporting an assault rifle is subject to distinct regulations and restrictions due to their classification as restricted firearms. These regulations often encompass stricter transportation requirements, such as permits, documentation, and compliance with assault weapon laws.
It is crucial to familiarize yourself with the specific transportation rules and regulations based on the type of firearm you intend to transport. This ensures compliance with California law and promotes public safety.
When transporting a handgun in a vehicle, it is important to comply with the following regulations to ensure lawful and safe transportation:
Unloaded & Secured - The handgun must be unloaded, meaning it should not contain any ammunition. Additionally, it should be locked either in the vehicle's trunk or in a locked container within the vehicle. This ensures that the firearm is not easily accessible and promotes safety during transportation.
Visibility - The handgun should not be concealed inside the vehicle but should be apparent or visible. It should not be hidden from plain view, contributing to transparency and compliance with the law.
It needs to be emphasized that transporting a loaded firearm is always considered illegal and should be strictly avoided.
As for gun ammunition, it can be stored either in the same locked container used for the firearm or in a separate carrying device. These guidelines should be followed regardless of whether you are the driver or a passenger in the vehicle. By adhering to these regulations, you can ensure the safe and lawful transportation of a handgun within a vehicle in accordance with California law.
Furthermore, according to state law, firearms that cannot be concealed must be transported in an unloaded condition. This means that the firearm should not have any ammunition in it while being transported. While local laws may not require non-concealable firearms to be kept in a locked container, it is important to note that under United States federal law, certain types of firearms must be secured in a locked container or gun rack when in a school zone. School zones are defined as areas within 1,000 feet of K-12 school grounds.
It is crucial to familiarize yourself with both state and federal laws to ensure the lawful and safe transportation of firearms that cannot be concealed. These types of firearms include shotguns, long guns, rifles, carbines, and centerfire rifles. By adhering to these regulations, you can ensure the lawful and safe transportation of firearms that cannot be concealed while complying with both state and federal laws.
To lawfully transport an assault weapon and comply with regulations, it is essential to adhere to the following requirements:
Unloaded - Ensure that the assault weapon is unloaded before transportation. This means that there should be no ammunition in the weapon.
Locked Container - Store the assault weapon in a locked container during transportation. This container must provide a secure and locked enclosure for the firearm, ensuring that it is not easily accessible.
It is also important to be aware of the permitted destinations for transporting assault weapons. You may transport these firearms to the following locations:
Licensed Firearms Dealer - If you need to have the assault weapon serviced or repaired, you may transport it to a licensed firearms dealer.
Private Property - You are permitted to transport the assault weapon to your private property.
Another Person's Property - With the property owner's permission, you may transport the assault weapon to another person's property.
Firing Range - Transporting the assault weapon to a firing range for lawful and authorized use is allowed.
It's worth noting that semi-automatic rifles are considered examples of assault weapons, and the aforementioned regulations apply to them. By following these guidelines, you can lawfully transport an assault weapon while ensuring compliance with the applicable regulations governing their transportation.
The California attorney general provides several recommendations for the storage of firearms, aiming to promote safety and responsible gun ownership. Here are the key suggestions:
Utilize Approved Safety Devices - Use state-approved firearm safety devices such as trigger locks or cable locks to secure your gun. These devices help prevent accidental discharge or unauthorized access.
Ensure Unloaded Storage - Store your firearm in an unloaded condition. This means there should be no ammunition in the firearm while it is being stored.
Secure Locked Container - Store your gun in a locked container, such as a lock box or gun safe. This provides an additional level of security and helps prevent unauthorized access.
Separate Firearm and Ammunition - Store your firearm and ammunition in separate locations. This helps ensure that even if someone gains access to the firearm, they do not have immediate access to ammunition.
It's important to consider additional safety measures in specific situations:
Children Present - Take extra precautions to prevent children's access to firearms in the storage location. This may involve utilizing childproof locks or storing firearms in a location inaccessible to children.
Prohibited Individuals Present - If someone who is prohibited from possessing a firearm is present in the storage location, implement additional measures to prevent their access to the gun. This may involve keeping the firearm in a more secure and restricted area.
By following these recommendations, you can help minimize the risk of accidents, unauthorized access, and promote safe storage practices for firearms.
In accordance with Penal Code 25100 PC, it is against the law to store a loaded firearm in your home or any area under your control if you know or should know that a child could access it without parental permission. To ensure compliance with the law and prioritize safety, the following precautions must be taken:
Unload the Firearm - Ensure that the firearm is unloaded, meaning there is no ammunition in the firearm.
Secure Storage - Store the firearm in a location that is inaccessible to children, such as a locked container or safe.
Violating this law is considered a misdemeanor offense and can lead to a maximum sentence of one year in county jail. However, if a child gains access to the firearm and causes harm, resulting in serious bodily injury or death, the penalties may be more severe.
It is important to understand that if a child accesses the firearm in a lawful act of self-defense or defense of another person, no criminal charges will be filed. These regulations are implemented to safeguard the safety and well-being of children, aiming to prevent accidents or harm that may arise from unsupervised access to firearms.
Under Penal Code 25100 PC, certain actions are classified as criminal offenses:
Storing a loaded firearm in a home or area under your control.
Doing so when you know or should know that a person prohibited from possessing a firearm could access it.
To ensure compliance with the law, it is crucial to take the following steps:
Unload the firearm - Ensure that the firearm is not loaded with ammunition.
Store The Firearm - Store the firearm in a location that is inaccessible to the prohibited person, such as a locked container.
Violation of this law is considered a misdemeanor offense and can lead to a maximum sentence of one year in county jail. However, if the prohibited person gains access to the firearm and causes harm, great bodily injury, or death, the severity of the punishment increases. In such cases, the offense can be charged as a felony, which may result in a prison sentence of up to three years.
It is important to note that if the prohibited person accessed the firearm in a lawful act of self-defense or defense of another person, no criminal charges will be filed. These provisions are in place to prevent individuals who are legally prohibited from possessing firearms from accessing them and potentially causing harm.
Carrying a concealed weapon in California is considered a criminal offense under Penal Code 25400 (PC 25400). However, individuals who possess a valid concealed carry permit, commonly referred to as a "CCW," are exempt from this law, granting them the legal authority to carry a concealed weapon. To secure a conviction under PC 25400, the prosecution must prove the following elements:
Concealment of a firearm on one's person or in a vehicle.
Knowledge of the concealed weapon's presence.
The firearm being substantially hidden.
However, if an individual is unaware of the weapon's presence, it serves as a legal defense against the charge. For instance, if someone unknowingly rides in a friend's car where a gun is hidden beneath the seat, they cannot be held liable under this law.
Typically, violating PC 25400 is classified as a misdemeanor offense, carrying potential penalties of up to one year in county jail and/or a maximum fine of $1,000. However, certain circumstances can elevate the violation to a felony, such as prior felony convictions, possession of a stolen firearm, involvement in a criminal street gang, unlawful firearm possession, or being prohibited from possessing a firearm due to previous offenses. Felony carrying of a concealed firearm can result in a sentence of up to three years in county jail and/or a maximum fine of $10,000. Moreover, carrying a concealed weapon with a previous firearm offense may lead to a mandatory minimum sentence of three years in county jail.
Understanding the provisions outlined in Penal Code 25400 is crucial to ensure compliance with the law and avoid potential legal consequences.
Penal Code 25400 in California establishes the criminal offense of carrying a concealed weapon. To secure a conviction under this statute, the prosecutor must demonstrate the following:
You concealed a firearm either on your person or in a vehicle.
You were aware of the concealed firearm's presence.
The firearm was substantially concealed.
Regarding the second element, it is a valid legal defense if you were unaware of the weapon's presence. For instance, if you were in a friend's car and had no knowledge of a gun under the seat, you would not be considered guilty. A violation of this law is charged as a misdemeanor. If convicted, the potential penalties include:
Up to one year of custody in the county jail.
A maximum fine of $1,000.
However, carrying a concealed firearm under PC 25400 can escalate to a felony when:
You have a previous felony conviction or a conviction for a California firearm offense.
The firearm in question is stolen, and you were aware or had reasonable cause to believe it was stolen.
You were actively involved in a criminal street gang.
You unlawfully possessed the firearm.
You were prohibited from possessing a firearm under Penal Code 29800 PC, which addresses California's felon with a firearm law.
You were prohibited from possessing a firearm under Penal Code 29900 PC for committing a violent offense.
Regarding the first point, it is important to note that if you carried a concealed weapon and have a prior firearm offense, you will serve a minimum of three years in county jail. This includes prior convictions under:
Penal Code 245a1 PC (assault with a deadly weapon)
Penal Code 246 PC (shooting at an inhabited dwelling house or car)
Penal Code 417 PC (California's brandishing a weapon law).
Offenses considered "violent" for the purposes of this section include but are not limited to:
The felony offense of carrying a concealed firearm is punishable by:
Up to three years in county jail.
A maximum fine of $10,000.
In California, the only legal way for ordinary citizens to carry concealed firearms in public is by obtaining a concealed carry permit (CCW). Without a valid CCW, it is considered a criminal offense to carry a loaded or unloaded firearm in public. The CCW is sometimes referred to as a "concealed weapons permit." Only specific authorities, such as the county sheriff or the head of a municipal police department, have the authority to issue CCWs.
To qualify for a CCW, applicants must establish the following:
Good moral character.
A valid reason for the license, such as an immediate danger to oneself or a family member.
Meeting residency requirements.
Completion of an approved firearms training course.
Once granted a CCW, individuals are legally permitted to carry a loaded concealed weapon. However, they must adhere to the terms and conditions outlined in the permit. It is important to note that there has been recent debate regarding the constitutionality of California's CCW laws. In 2014, a court declared that the "good cause" requirement for obtaining a CCW violated the Second Amendment right to bear arms. However, in June 2016, this decision was overturned, as the court concluded that the Second Amendment does not apply to concealed firearms, thus the "good cause" requirement in California does not infringe upon constitutional rights.
Furthermore, the United States Supreme Court declined to review a challenge to California's concealed carry law, which means law-abiding gun owners can still carry a concealed handgun with a valid CCW. However, in the recent case of New York State Rifle & Pistol Association vs. Bruen, the U.S. Supreme Court ruled that a New York law, which required a "special need for self-protection" to obtain a CCW permit, violated the Second and Fourteenth Amendments. This decision suggests that California may need to reconsider its "good cause" requirement for CCW permits in light of constitutional considerations.
In California, it is generally considered a criminal offense to openly carry a firearm, regardless of whether it is loaded or unloaded. However, there is one exception to this rule. According to California law, sheriffs in counties with a population under 200,000 have the authority to issue licenses for carrying a loaded, exposed handgun.
It is important to stay informed as laws regarding the open carry of firearms may undergo changes. In 2018, a court ruled that the Second Amendment guarantees the right to openly carry a gun. However, this decision is currently being reviewed by the courts due to an appeal.
Carrying an unloaded handgun in public is typically treated as a misdemeanor offense. Violations of this nature may result in penalties that include up to one year in county jail or a fine of up to $1,000. On the other hand, carrying a loaded firearm in public is also considered a misdemeanor offense. Those found guilty may face custody in county jail for up to one year and/or a maximum fine of $1,000.
It is important to note that certain aggravating factors can elevate the offense to a "wobbler" offense. This means that the prosecutor has discretion in charging it as either a misdemeanor or a felony. If convicted of a felony for carrying a loaded firearm in public, individuals may face imprisonment in county jail for up to three years.
In California, Penal Code 16590 encompasses the statute that deals with "generally prohibited weapons." This law specifically prohibits certain firearms and firearm accessories, making it a criminal offense to engage in various activities related to these items. Prohibited actions include manufacturing, importing into the state, keeping for sale, offering for sale, giving away, lending, or possessing such weapons. The category of "generally prohibited weapons" includes the following firearms, equipment, and ammunition:
Short-barreled shotguns and rifles (also illegal under Penal Code 33215 PC)
Undetectable firearms (also illegal under Penal Code 24610 PC)
Firearms that lack immediate recognition as firearms (also illegal under Penal Code 24510 PC)
Unconventional pistols (also illegal under Penal Code 31500 PC)
Cane guns (firearms enclosed in objects resembling walking canes, also illegal under Penal Code 24410 PC)
Wallet guns (firearms enclosed in small cases, also illegal under Penal Code 17330 PC)
Zip guns (cheap makeshift firearms made from miscellaneous materials, also illegal under Penal Code 33600 PC)
Camouflaging firearm containers (also illegal under Penal Code 24310 PC)
Bullets containing explosive agents (also illegal under Penal Code 30210 PC)
Multiburst trigger activators (also illegal under Penal Code 32900 PC).
Violating these laws constitutes a "wobbler" offense, meaning that the prosecutor has the discretion to charge it as either a misdemeanor or a felony. If charged as a misdemeanor, the offense carries potential penalties of up to one year in county jail and/or a maximum fine of $1,000. If charged as a felony, the offense carries potential penalties of imprisonment for up to three years and/or a maximum fine of $10,000.
Furthermore, it is important to note that large-capacity ammunition magazines (LCMs) are illegal in California, as determined by the Ninth Circuit in 2021. Penal Code 32310 PC prohibits LCMs and has been held not to violate self-defense laws.
In California, Penal Code 30600 PC primarily addresses the prohibition of assault weapons. Although a federal judge overturned this ban on June 4, 2021, it remains in effect pending the state's appeal of the ruling. One common question arises regarding the definition of assault weapons and .50 BMG rifles.
Penal Code 30600 PC is the California law that criminalizes the manufacturing, distribution, transportation, importation, sale, or giving away of assault weapons and BMG rifles. However, it is important to note that this law does not pertain to mere possession, as the possession of these firearms is addressed under Penal Code 30605 PC.
Regarding possession, it is worth mentioning that antique firearms and similar curios are exempt from the provisions of this statute. To be found guilty under PC 30600, the following conditions must be met:
The prohibited act was knowingly performed.
The individual knew or reasonably should have known that the weapon in question possessed the characteristics of an assault weapon or .50 BMG rifle.
Senate Bill 61, enacted in 2019, introduced two additional laws related to assault weapons in California. The bill restricts the purchase of these firearms to one per month and prohibits the sale of semi-automatic rifles to individuals under the age of 21. It is important to note that California law allows certain qualified individuals to obtain permits to manufacture these weapons and subsequently sell them to law enforcement agencies or military entities. Therefore, individuals possessing such a permit and manufacturing or selling the weapon to a police officer or military department would not be guilty under PC 30600.
Violating Penal Code 30600 is considered a felony offense, punishable by up to eight years of imprisonment in county jail or felony probation. Furthermore, if an assault weapon or BMG rifle is transferred, loaned, sold, or given to a minor, an additional one-year jail term is imposed.
Regarding the possession of an assault weapon, violating Penal Code 30605 is a "wobbler" offense in California, meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the offense carries potential penalties of up to one year in county jail and/or a fine of up to $1,000. If charged as a felony, the offense carries potential penalties of imprisonment in county jail for up to three years.
In California, an assault weapon is defined as a firearm specifically listed in a state statute. The firearms classified as assault weapons are detailed in Penal Code 30510 PC, which includes more than 70 types of firearms. Examples of such firearms include AK series rifles, Uzi submachine guns, Striker 12 shotguns, and others as listed in the statute.
Furthermore, Penal Code 30515 PC provides a list of semiautomatic centerfire rifles that are also considered assault weapons. This list includes firearms like Bushmaster semiautomatic rifles, the TAVOR Bullpup rifle, and the Micro-UZI submachine gun.
However, it is important to note that a .50 BMG rifle is not classified as an assault weapon or a machine gun in California. It is a centerfire rifle specifically designed to fire a .50 BMG cartridge. A .50 BMG rifle possesses certain characteristics, such as an overall length of 5.54 inches from the base of the cartridge to the tip of the bullet, a bullet diameter for the cartridge ranging from .510 to .511 inch, and a case base diameter for the cartridge ranging from .800 to .804 inches.
In California, there are specific locations where the possession of firearms is prohibited. These include:
School grounds
Public buildings and meetings that are accessible to the public
Government buildings
The Governor's mansion
Airports and passenger vessel terminals
Public transit facilities
In California, the Gun-Free School Zone Act is regulated by Penal Code 626.9 PC. This statute strictly prohibits the possession of firearms on or near school grounds. Specifically, this law makes it a criminal offense to:
Possess a firearm within the premises of a public or private K-12 school.
Recklessly discharge or attempt to discharge a firearm in a school zone, thereby endangering the safety of others.
Bring or possess a loaded firearm on the premises of student or teacher housing at a public or private university.
Violations of these laws can result in a maximum jail sentence of up to seven years.
In California, Penal Code 171b PC addresses the prohibition of bringing or possessing certain "weapons" in public buildings and meetings open to the public. The restricted "weapons" include:
Firearms
Knives with a blade length exceeding four inches
Tear gas weapons
Tasers or stun guns
BB or pellet guns
A "public building" refers to a building owned or leased by the state or local government, regularly occupied by state or local public employees for their official duties.
It is important to note that this statute may not necessarily apply to individuals such as:
Personnel transporting weapons into a court of law as evidence
Police officers and law enforcement officers
Individuals holding a valid firearm carry license
Persons with permission to possess the weapon and responsible for securing the public building they are in
Violation of this statute is considered a "wobbler" offense, which means it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the offense is punishable by up to one year of imprisonment in the county jail. If charged as a felony, the offense carries a penalty of up to three years in custody in the county jail.
California's Penal Code 171c PC establishes the criminal offense of bringing a loaded firearm into specific locations, which include:
The State Capitol
Any legislative office
Any hearing room where Senate or Assembly committees are conducting hearings
The Legislative Office Building at 1020 N Street in the City of Sacramento
Violating this statute is considered a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony. If convicted as a misdemeanor, the punishment may include a sentence of up to one year in the county jail. If convicted as a felony, the penalty can result in custody in the county jail for up to three years.
California's Penal Code 171d PC is the statute that criminalizes the possession of a loaded firearm within or on the grounds of the following locations:
The Governor's Mansion or any other residence of the Governor.
The residence of any other constitutional officer.
The residence of any member of the California Legislature.
Violating this law is considered a "wobbler" offense, which means it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the offense is punishable by imprisonment in the county jail for up to one year. If charged as a felony, the offense carries a penalty of custody in the county jail for up to three years.
In the state of California, Penal Code 171.5 PC establishes a criminal offense related to the possession of specific items within designated sterile areas of airports or passenger vessel terminals. These prohibited items consist of:
Firearm
Taser or stun gun
BB or pellet gun
Imitation firearm
Frame or receiver of a firearm
Any form of ammunition
Possessing any of these prohibited items within the sterile area, which refers to the area beyond the security checkpoint in airports or passenger vessel terminals, is considered a misdemeanor offense. If convicted, the following penalties may apply:
A maximum of six months' imprisonment in the county jail
A fine of up to $1,000.
In accordance with Penal Code 171.7 PC in California, it is considered a criminal offense to knowingly possess certain items within any sterile area of a public transit facility. These prohibited items consist of:
Firearm
Imitation firearm
Taser or stun gun
BB or pellet gun
Spot marker or paint gun
It is important to note that the sterile area must have a visible notice indicating the potential consequences of prosecution. Public transit facilities are transportation systems that provide paid services to the general public. These include, but are not limited to:
Streetcars
Buses
Light rail systems
Rapid transit systems
Subways
Trains
Violating this law is considered a misdemeanor. If convicted, the penalties for this crime may include:
A maximum of six months' imprisonment in the county jail
A fine of up to $1,000
Alongside regulations concerning firearms, California's gun laws also encompass provisions and limitations regarding the following items:
Armor-piercing magazines
Silencers
Stun guns
Laser scopes and laser pointers
These specific items are subject to rules and restrictions outlined within the state's gun laws.
As previously stated, it is now permissible to possess large-capacity magazines in California. These magazines are defined as those capable of holding approximately 10 rounds of ammunition or more.
In California, the Penal Code 30315 PC establishes a statute that criminalizes the possession of armor-piercing ammunition.
Armor-piercing ammunition refers to bullets specifically designed to penetrate ballistic armor and shields that are intended to deflect standard bullets.
The offense of possessing armor-piercing ammunition is categorized as a wobbler, meaning it can be charged either as a misdemeanor or a felony, depending on the circumstances.
If convicted as a misdemeanor, the punishment may include a sentence of up to one year in county jail.
For a felony conviction, the potential penalty involves custody in county jail for a duration of up to three years.
Under California Penal Code 33410 PC, it is considered a criminal offense to possess a silencer. Violating this statute is classified as a felony, carrying potential consequences that include:
Up to three years of custody in the county jail, and/or
Imposition of a fine not exceeding $10,000.
In California, owning a stun gun is generally legal. However, it is important to note that Penal Code 22610 PC outlines specific circumstances where it is illegal to purchase, use, or possess a stun gun. These circumstances include:
If you have been convicted of a felony, a crime involving assault, or a crime related to the misuse of a stun gun under PC 244.5.
If you are a narcotic addict.
If you are a minor, except if you are at least 16 years old and have written consent from your parent or legal guardian.
The initial violation of Penal Code 22610 is considered a public offense and carries a fine of $50. Subsequent violations are treated as misdemeanors, which can result in a maximum punishment of up to one year in county jail and/or a fine of up to $1,000.
In California, Penal Code 417.25 PC establishes the statute that criminalizes the act of pointing a laser scope or laser pointer at another person in a threatening manner. It's important to note that a "threatening manner" refers to pointing the laser scope or pointer in a way that causes the person to fear bodily harm.
A "laser scope" is a portable battery-powered device that can be attached to a firearm and projects a laser light onto objects. A "laser pointer" is a handheld device that emits a single point of light visible to the human eye.
Violating PC 417.25 is considered a misdemeanor offense in California. The potential punishment for this crime includes imprisonment in the county jail for a maximum of 30 days.
It is worth noting that instead of jail time, a judge may impose misdemeanor (or summary) probation as an alternative penalty.
As mentioned earlier, if you have been convicted of a felony or certain misdemeanors, it results in the loss of your rights to own a gun, purchase, and possess firearms. Following such convictions, you are required to surrender your firearms. A felony conviction leads to a permanent loss of gun rights. Similarly, specific misdemeanor convictions related to weapons can result in a lifelong ban on firearms ownership.
Furthermore, approximately 40 misdemeanors carry a 10-year prohibition on possessing firearms. Some examples include:
Stalking, as defined by Penal Code 646.9 PC
Battery, as outlined in Penal Code 242 PC
Brandishing a weapon, per Penal Code 417
Making criminal threats, as described by Penal Code 422 PC
However, it is possible to attempt to restore your gun rights. This can be accomplished through either:
Reducing a "wobbler" felony to a misdemeanor, which eliminates the lifetime ban on firearms associated with felony convictions.
Obtaining a pardon from the Governor of California. To obtain a pardon, you must directly apply to the governor if you live outside California or if you were convicted of specific misdemeanor sex offenses. In other cases, obtaining a pardon involves a two-step process: petitioning the superior court for a California Certificate of Rehabilitation, and if granted, it becomes an automatic petition for a pardon from the California Governor.
Please note that the decision to grant or deny pardon requests rests entirely with the California Governor and that California's Clean Slate Laws (SB-731 and AB 1076) regarding automatic relief do not impact your gun rights.
In addition to the crimes mentioned earlier, there are several other offenses in California that specifically involve firearms. These include:
Inflicting bodily injury while brandishing a firearm, as defined in Penal Code 417.6 PC.
Violating California's "drive-by shooting" law, as stated in Penal Code 26100 PC.
Personal use of a firearm during the commission of a felony, as outlined in Penal Code 12022.5 PC.
The "10-20-life 'use a gun and you're done'" law, described in Penal Code 12022.53 PC.
Sentencing enhancement for participation in a criminal street gang, as per Penal Code 186.22 PC.
Committing a felony involving firearms while in possession of metal-piercing armor or wearing a bullet-proof vest, as outlined in Penal Code 12022.2 PC.
Use of a firearm during the commission of sex crimes, defined by Penal Code 12022.3 PC.
Aiding or abetting a felony with the use of a firearm, as stated in Penal Code 12022.4 PC.
Altering a firearm's identifying information, as per Penal Code 23900 PC.
Possessing firearms in violation of a court order, according to Penal Code 29825.
Taking a firearm from a peace officer, as outlined in Penal Code 148d.
Engaging in shooting at an unoccupied aircraft, as described by Penal Code 247a.
Shooting at an unoccupied motor vehicle or structure, as per Penal Code 247b.
These offenses cover a range of crimes involving firearms within the legal framework of California.
When assembling firearms in California, it is a requirement to obtain a serial number that must be affixed to the gun. Failure to have a serial number may result in non-compliance with legal obligations. However, at present, it is allowed to purchase gun parts and assemble them without undergoing a background check.
It is worth highlighting that federal legislation is currently being contemplated, which could potentially introduce a mandate for individual serial numbers on gun parts. Additionally, this legislation may require background checks for purchasing such parts in the future.
