What Do You Need to Buy a Handgun in California

Summary of California Gun Laws

California's gun laws let near adults age 21 and older to buy, own, and possess firearms. Several state laws, nevertheless, limit this right and restrict sure groups of people from acquiring or possessing a firearm. Examples include convicted felons and narcotics addicts.

Further, licensed gun dealers cannot practise any of the following in relation to a person under the age of 21:

sell a gun,
supply a gun, or
transfer a gun.

Note that once a person possesses a gun, Land laws impose many requirements equally to:

the transportation of firearms, and
the storage of firearms.

Further, California's gun laws make it a crime for a person to carry a concealed firearm or curtained weapon. This crime, however, will non get charged if a person has a lawful curtained comport permit.

Similarly, Country law generally makes information technology illegal for a person to openly carry a gun. This applies to the open acquit of both:

unloaded weapons, per Penal Code 26350, and
loaded weapons, per Penal Code 25850 PC.

Penal Code 16590 is the California statute that bans a person from possessing, making, or selling specific types of firearms. Some of these include:

short-barreled shotguns and rifles, also illegal per Penal Lawmaking 33215 PC,
undetectable firearms, also illegal per Penal Lawmaking 24610 PC, and
goose egg guns, also illegal per Penal Code 33600 PC.

Assault weapons and BMG rifles are also banned in California per Penal Code 30600 PC. The police specifically prohibits a person from doing the post-obit with these firearms:

industry,
distribute,
transport,
import,
sell or
requite away.

Penal Code 30605 PC makes it a criminal offence for a person to possess these weapons. (Note that on June four, 2021, a federal judge overturned California's ban on assail weapons on the grounds that it violates the constitutional right to bear arms under the Second Subpoena. But assault weapons remain illegal in California while the state appeals the ruling.)

Notation that there are half-dozen places in California where a person cannot bring a firearm. These are:

schools, per Penal Code 626.9 PC,
public buildings and meetings open to the public, per Penal Code 171b PC,
government buildings, per Penal Lawmaking 171c PC,
the Governor's mansion, per Penal Code 171d PC,
airports and passenger vessel terminals, per Penal Code 171.5 PC, and
public transit facilities, per Penal Lawmaking 171.7 PC.

In addition to covering guns, California's firearm laws too employ rules and restrictions to the following:

armor-piercing bullets, per Penal Code 30315 PC,
silencers, per Penal Code 33410 PC,
stun guns, per Penal Code 22610 PC, and
laser scopes and laser pointers, per Penal Code 417.25 PC.

Some criminal convictions volition result in a person losing his/her right to own, purchase, and possess a gun. If stripped of these rights, the person tin effort to restore his/her gun rights. This is almost oftentimes accomplished past:

getting a wobbler felony reduced to a misdemeanor, and
receiving a pardon from California's Governor.

In this article, our California criminal defense attorneys will respond the post-obit 11 central questions:

i. Who is (and isn't) allowed to take guns in California?
- 1.1. People prohibited from possessing a gun
- ane.ii. Firearm Safety Certificates
2. What is the procedure for buying, selling, and registering guns?
- 2.1. Buying
- 2.2. Selling
- 2.3. Registering
3. Are there rules virtually transporting and storing firearms?
- 3.i. Transporting
  - 3.1.i. Handguns that can exist concealed
  - 3.1.two. Firearms that cannot be concealed
  - 3.1.iii. Set on rifles
- 3.2. Storing
  - iii.two.1. Child present
  - 3.ii.ii. Storage with prohibited person
four. Who is immune to comport a concealed weapon?
- 4.1. Penal Code 25400
- 4.2. Curtained carry permit
5. Is anyone allowed to open carry?
6. Are certain types of firearms illegal altogether?
7. What virtually assail weapons?
- 7.one. Penal Code 30600
- 7.two. Definition of assault weapons and .50 BMG rifles
viii. Are in that location places where guns are prohibited?
- 8.i. Schoolhouse grounds
- 8.2. Public buildings and meetings open to the public
- 8.3. Government buildings
- viii.4. The Governor'south mansion
- 8.five. Airports and passenger vessel terminals
- 8.6. Public transit facilities
9. What are the rules on ammunition and gun accessories?
- 9.1. Large capacity magazines
- 9.2. Armor-piercing ammunition
- ix.iii. Silencers
- nine.4. Stun guns
- nine.v. Laser scopes and laser pointers
10. How can I restore gun rights after a criminal conviction?
11. What are some California offenses that involve firearms?
12. Are ghost guns legal in California?

gun laying on american flag

California law allows virtually people over the age of 21 (but not all) to own/possess a gun.

i. Who is (and isn't) immune to have guns in California?

The Second Amendment to the United States Constitution provides people with the right to conduct artillery.

Further, California gun laws let most adults age 21 and older to:

buy,
own, and
possess a gun.

California laws, though, provide some limitations on this correct. For instance, State police force:

prohibits some people from acquiring or possessing a gun, and
requires Californians to obtain a Firearm Safety Certificate (FSC) prior to legally acquiring a gun.

1.1. People prohibited from possessing a gun

The post-obit people are generally prohibited from buying or possessing a gun in California:

convicted felons,¹
narcotic addicts,²
persons with two or more convictions nether Penal Code Section 417 PC, California'southward law confronting brandishing a weapon,^three
persons bedevilled of certain misdemeanor offenses (for example, corporal injury to a spouse, per California Penal Code 273.5 PC and crimes involving domestic violence),^four
persons who endure from mental illness,⁵ and
people under 18 (this grouping of people, though, can own a BB gun if they have parental consent).⁶

Note that California'southward red flag constabulary also allows coworkers, employers, and teachers to seek restraining orders to remove guns from the possession of potentially unsafe people.^vii These orders are sometimes referred to as "gun violence restraining orders," or GVROs.

Also note that if a person is prohibited from owning a gun, and so he/she is too prohibited from owning whatever ammunition.^eight

If a person does not fall into one of the above-prohibited categories, then he/she can legally buy and possess a gun.

These persons may legally keep a gun within their firm or a place of business that they own. Gun owners may as well legally conduct a gun from place to place provided that it is in a locked container.^nine

1.2. Firearm Safety Certificates

Per Penal Code 26840 PC, whatsoever person who acquires a firearm must have a Firearm Safety Certificate (FSC).¹⁰ In the case of a handgun, it is permissible if the owner has an expired handgun condom certificate.^xi

The above statute applies unless a person is exempt under the law from having to have a certificate. An example of an exempt person is someone that:

was issued a valid hunting license, and
wants to ain or possess long guns.¹²

To obtain an FSC, a person must pass a California Department of Justice (DOJ) written exam on firearm safety.

man behind counter at gun store

California requires prospective gun owners to obtain a Firearm Safety Certificate (FSC) prior to legally acquiring a gun.

2. What is the process for buying, selling, and registering guns?

The Country of California's firearms laws impose sure rules and restrictions with regards to the:

buy of a gun,
sale of a gun, and
registration of a firearm.

2.ane. Buying

Nether California's Dealer'south Record of Sale (DROS) process, all firearm purchases and transfers must exist made through a licensed gun dealer. This includes:

private political party transactions, and
purchases at gun shows.^xiii

Land law imposes a 10-mean solar day waiting menstruum before a seller tin release or transfer a gun to a heir-apparent and allow that person to take gun ownership.¹⁴

Per Penal Code 27510, a licensed dealer cannot do any of the post-obit in relation to a person under the age of 21:

sell a gun,
supply a gun,
deliver a gun,
transfer a gun, or
requite possession or control of a gun.¹⁵

Some exceptions to this rule apply. For example, a dealer can sell or transfer a gun to a person nether 21, but over the age of eighteen, when,

he/she possesses a valid hunting license,
he/she is an active peace officer, and/or
he/she is an active federal officeholder or police enforcement agent who is authorized to carry a firearm.^sixteen

The DROS procedure requires purchasers to present a licensed dealer with clear evidence of his/her historic period at the time of buying a gun. This evidence may include:

a valid California driver's license,
a valid California identification carte du jour, and
a military identification card with a re-create of permanent duty station orders.¹⁷

Purchasers of handguns also have to provide proof of California residency. This can be washed past fashion of a:

utility bill,
residential charter,
property human action, or
government-issued ID.¹⁸

Likewise, with handguns, notation that there is no limit on the total number of handguns that a person can buy. However, nearly buyers cannot buy more than i handgun in whatsoever 30-day period.¹⁹

Note that a "handgun" includes items similar:

revolvers,
semiautomatic pistols, and
almost firearms equipped with a pistol grip.

Please note that at that place are special relaxed rules for transferring firearms between family members in California.

2.ii. Selling

Penal Code 26700 PC sets along the requirements to be a licensed dealer of firearms. If a person satisfies all of the requirements, then he/she can become a licensed dealer.²⁰

Some of these requirements include that gun dealers:

have a valid firearms license imposed under federal law,
take any regulatory or business license, or licenses, required by local government, and
take a valid seller's let issued by the Land Lath of Equalization.²¹

Federal police force requires federally licensed firearms dealers (but not private sellers) to initiate a background check on a purchaser prior to the sale of a firearm.²²

Note that all California licensed dealers take to exist "federally licensed firearms dealers." This means they are all required to perform background checks.

See California'south Agency of Firearms' website for any new laws regarding when DOJ must consummate a background check during COVID-19.

Federal law prohibits a person from acquiring or possessing a gun if he/she:

has been bedevilled of certain crimes, or
is bailiwick to a court order related to domestic violence or a serious mental condition.²³

Penal Code 26500 makes it a misdemeanor to sell, lease, or transfer a gun without a license.²⁴

Violators face upwards to:

ane year in canton jail, and/or
a maximum fine of $ane,000.²⁵

ii.3. Registering

A person tin can register a gun in California by completing and submitting a Firearm Ownership Report (FOR) Application.²⁶ A completed written report is an owner's annunciation that he/she is the gun's truthful owner.

A FOR Awarding is not required for nearly guns/gun owners nether the State's firearm laws. Firearms get registered by a gun dealer during the sale of a firearm.

Gun registration, though, is required when a person is moving into California and owns a firearm.²⁷

3. Are there rules about transporting and storing firearms?

One time a person buys or acquires possession of a firearm, California police imposes several public safety requirements when a person:

transports the gun, and
stores the gun.

iii.1. Transporting

The rules on transporting a firearm differ a chip depending on whether the gun is:

a handgun that can be concealed,
a firearm that cannot be concealed, or
an set on rifle.

three.1.1. Handguns that tin can exist concealed

To lawfully send a handgun in a vehicle, California residents must ensure that it is:

unloaded,
locked in the trunk of the vehicle or in a locked container inside the vehicle, and
apparent, or not curtained within the vehicle.²⁸

It is always a crime to transport a loaded firearm.

Gun ammo can be either stored in:

the locked container, or
some other carrying device.

Owners of guns must adhere to these rules no affair if they are:

the driver of the vehicle, or
a passenger within the motorcar.

3.i.2. Firearms that cannot be concealed

State law says that firearms that cannot be concealed must be unloaded when a person transports them²⁹

Typically, local laws say that non-concealable firearms practice non have to exist in a locked container. United States federal constabulary, though, says that some types of firearms exercise take to exist in a locked container or in a gun rack when in a school zone.³⁰ These are zones located within 1,000 feet of the grounds of a K-12 school.³¹

Annotation that firearms that cannot exist concealed include:

shotguns,
long guns,
rifles,
carbines, and
a centerfire burglarize.

3.1.3. Assail rifles

When transporting an assault weapon, Californians must ensure that it is:

unloaded, and
stored in a locked container.³²

Further, note that assault weapons can only be transported to and from certain places. For example, a person may only transport these guns to:

a licensed firearms dealer for servicing or repair,
the gun possessor's individual holding,
someone else's property, provided that the property owner has given the person permission to bring the gun, and
a firing range.³³

Semi-automatic rifles are examples of assault rifles.

3.2. Storing

California'due south chaser full general provides several recommendations on gun storage. The chaser general encourages gun owners to:

shop their gun with a country-canonical firearm safe device on information technology (for case, a trigger lock or a cablevision lock),
ensure that their weapon is not loaded,
put their firearm in a locked container (a lockbox or a gun safe), and
store their gun in a different location than the ammunition.³⁴

Additional safety measures volition employ in the outcome that either:

children are present in the location where a gun is being stored, and
a person prohibited from possessing a gun is present in the location where the gun is being stored.

3.2.one. Child present

Per Penal Lawmaking 25100 PC it is a crime for a gun owner to:

store a loaded firearm in a home, or inside an surface area of the owner's control, and
practise and so when the owner knows, or should know, that a child could access it without a parent'southward permission.³⁵

This ways if a gun owner knows that a child tin admission a stored gun, he/she should:

make certain that it is unloaded, and
shop it in a place outside of the kid's admission (like a locked container).

A violation of the in a higher place constabulary is a misdemeanor criminal offence. The criminal offence is punishable past upward to 1 year in county jail. This punishment will increase if a kid accesses the weapon and causes:

harm,
great bodily injury, or
death.³⁶

Note that no criminal charges will be filed if a child accessed the gun in a lawful act of self-defense force or in the defense of another person.³⁷

iii.2.2. Storage with prohibited person

Penal Code 25100 PC likewise makes information technology a crime for a gun owner to:

store a loaded gun in a dwelling house, or within an area of the possessor'southward command, and
practice then when the owner knows, or should know, that a person prohibited from possessing a firearm could admission it.³⁸

This means if a gun owner knows that an adult who cannot possess a gun tin can admission the weapon, he/she should:

make certain that it is unloaded, and
store information technology in a place exterior of the adult'due south access (similar in a locked container).

A violation of the above law is charged as a misdemeanor. The crime is punishable past upwardly to i twelvemonth in county jail.

Note that this penalization increases if an adult gets to the weapon and causes:

harm,
dandy bodily injury, or
death.³⁹

In such cases, the crime tin exist charged as a felony and lead to custody in state prison for upwardly to three years.⁴⁰

Note, though, that no criminal charges will be filed if the prohibited person accessed a gun in a lawful act of self-defence or in the defence of another person.⁴¹

pistol inside man's waistband - California gun laws no longer allow for this type of open carry

Penal Code 25400 PC makes information technology a criminal offence for a person who does not have a CCW to comport a concealed weapon.

four. Who is allowed to carry a concealed weapon?

Penal Code 25400 PC is the California statute that makes it a law-breaking for a person to carry a curtained weapon.

However, the statute will not apply if a person has a lawful concealed carry permit, or "CCW." This means a political party can legally carry a curtained weapon if he/she has obtained a CCW.

4.1. Penal Code 25400

PC 25400 makes it a criminal offence for a person to carry a concealed weapon.

A prosecutor must bear witness the post-obit to convict a person nether this statute:

the accused concealed a firearm on his/her person or in a vehicle,
the defendant knew about the presence of the concealed gun, and
the firearm was substantially concealed.⁴²

Equally to the 2d element in a higher place, it is a legal defence force to this crime if the defendant did not know of the presence of a weapon. For case, a accused is not guilty if he was in a friend'due south car and did not know that there was a gun under his seat.

A violation of this law is charged every bit a misdemeanor.⁴³ A conviction is punishable by:

custody in canton jail for upwards to one year, and/or
a maximum $1,000 fine.⁴⁴

A PC 25400 violation, though, tin become a felony when:

the defendant has a prior felony conviction or conviction for a California firearm offense,⁴⁵
the firearm is stolen and the accused knew, or had reasonable cause to believe, that it was stolen,⁴⁶
the accused was actively involved in a criminal street gang,⁴⁷
the accused unlawfully possessed the firearm,⁴⁸
the defendant was prohibited from possessing a firearm nether Penal Code 29800 PC, California'due south felon with a firearm police force,⁴⁹ or
the accused was prohibited from possessing a firearm under Penal Code 29900 PC for committing a tearing offense.^fifty

As to number one higher up, notation that a defendant will serve a minimum of three years in county jail if:

he/she carried a curtained weapon, and
has a prior firearm criminal offence.⁵¹

This includes prior convictions under:

Penal Code 245a1 PC, assault with a deadly weapon,
Penal Code 246 PC, shooting at an inhabited domicile house or car, and
Penal Code 417 PC, California's brandishing a weapon police force.⁵²

As to number six in a higher place, offenses deemed "violent" for purposes of this section include (but are not limited to):

murder,
rape,
lewd acts on a kid,
robbery,
kidnapping, and
carjacking.⁵³

Felony carrying a concealed firearm is punishable by:

up to iii years in county jail, and/or
a maximum $10,000 fine.⁵⁴

4.2. Concealed carry permit

A concealed carry permit is the only means past which ordinary citizens may legally carry concealed firearms in public in California. Absent a CCW, information technology is a crime to carry either a loaded or an unloaded firearm in public.

A concealed bear let is sometimes referred to as a "concealed weapons permit."

The following are the but parties that may issue a CCW:

a county sheriff,⁵⁵ or
the main or other caput of a municipal police department.⁵⁶

A person must prove the post-obit in order to receive a CCW:

he/she is of good moral graphic symbol,
practiced cause exists for issuance of the license because the person, or a family member, is in immediate danger,
he/she meets sure residency requirements, and
the person has completed an adequate course on firearms training.⁵⁷

If someone receives a permit to carry a concealed firearm, he/she may legally acquit a loaded, curtained gun. However, the person with the permit must comply with the terms and weather condition outlined in the permit.

Annotation that there was some contempo dubiety virtually the constitutionality of California's laws on CCW permits. In 2014, the court ruled that that the "proficient cause" requirement to obtain a CCW violated the 2nd Amendment right to comport arms.⁵⁸

Merely in June 2016, the court overturned this finding. The court ruled that in fact, the Second Amendment does not utilize to concealed firearms, and thus there are no constitutional rights implicated by California'south "good cause" requirement.⁵⁹

Further, the Us Supreme Court (sitting in Washington, D.C.) refused to consider a claiming to California's concealed carry constabulary.⁶⁰ So law-abiding gun owners can still comport a curtained handgun if they obtain a CCW.

v. Is anyone allowed to open bear?

It is generally a crime for a person to openly carry a firearm in California.⁶¹ This applies to the open carry of both:

loaded guns, and
unloaded guns.

Note, however, at that place is i exception involving the open comport of loaded guns. Nether California law, the sheriff of any county with a population nether 200,000 people may issue licenses for people to carry a loaded, exposed handgun.⁶²

Note too that the laws regarding the open bear of firearms may change. In 2018, a courtroom ruled that the Second Amendment guarantees the open carry of a gun.⁶³ This decision, yet, was appealed and the court will be rehearing the case afterwards in 2020.⁶⁴

Carrying an unloaded handgun in public is a misdemeanor.⁶⁵ Most violations are punishable by:

upwards to one year in county jail, or
a fine of up to $1,000.⁶⁶

Conveying a loaded firearm in public is a misdemeanor.⁶⁷ The penalties include:

custody in county jail for up to ane twelvemonth, and/or
a maximum fine of $1,000.⁶⁸

Annotation, though, that aggravating factors can brand the crime a wobbler crime. This means a prosecutor tin charge the offense every bit either a misdemeanor or a felony.

A felony conviction can result in imprisonment in county jail for upwardly to iii years.⁶⁹

6. Are certain types of firearms illegal birthday?

Penal Code 16590 is the California statute on "generally prohibited weapons." The police bans sure firearms and firearm accessories.

More specifically, the statute makes it a crime for a person to do any of the post-obit with these guns/add together-ons:

industry them,
import them into the land,
go along them for sale,
offer them for sale,
give them away,
lend them, or
possess them.⁷⁰

A "generally prohibited weapon" includes the following guns, equipment, and armament:

brusque-barreled shotguns and rifles, also illegal per Penal Code 33215 PC,⁷¹
undetectable firearms, likewise illegal per Penal Code 24610 PC,⁷²
firearms that are not immediately recognizable as firearms, also illegal per Penal Code 24510 PC,⁷³
unconventional pistols, also illegal per Penal Code 31500 PC,⁷⁴
cane guns (or a gun that is enclosed in an object that looks like a walking cane), also illegal per Penal Lawmaking 24410 PC,⁷⁵
wallet guns (or a firearm enclosed in a pocket-sized example), also illegal per Penal Code 17330 PC,⁷⁶
aught guns (or a inexpensive makeshift firearm made past miscellaneous textile), likewise illegal per Penal Code 33600 PC,⁷⁷
camouflaging firearm containers, also illegal per Penal Code 24310 PC,⁷⁸
bullets containing explosive agents, too illegal per Penal Lawmaking 30210 PC,⁷⁹
multiburst trigger activators – also illegal per Penal Code 32900 PC,⁸⁰ and

A violation of these laws is a wobbler. This ways a prosecutor tin accuse the criminal offence as either a misdemeanor or a felony.⁸¹

If a misdemeanor, the crime is punishable by:

custody in county jail for upward to one yr, and/or
a maximum fine of $1,000.⁸²

If a felony, the offense is punishable past:

imprisonment in jail for up to 3 years, and/or
a maximum fine of $10,000.⁸³

Note that big-capacity ammunition magazines are illegal in California.⁸⁴In 2021, the Ninth Circuit held that Penal Code 32310 PC – which bans LCMs – does not violate cocky-defense laws.⁸⁵

7. What about assault weapons?

Penal Code 30600 PC largely bans set on weapons in California. (Although a federal estimate overturned this ban on June 4, 2021, it remains in effect while the state appeals the ruling.)

A question oftentimes arises under this statute on the meaning of assault weapons and .50 BMG rifles.

7.1. Penal Code 30600

Penal Code 30600 PC is the California statute that makes it a crime to manufacture, distribute, send, import, sell or give away attack weapons and BMG rifles.⁸⁶

This law does not utilise to the possession of these weapons. Possession of these types of guns, withal, is a crime nether Penal Code 30605 PC.

As to possession, note that antique firearms and similar curios are exempt from this statute.

A defendant is but guilty under PC 30600 if he:

performed an illegal human activity knowingly, and
knew or reasonably should take known that the weapon involved had the characteristics of an assault weapon or .50 BMG burglarize.⁸⁷

Annotation that Senate Bill 61was signed into law in 2019. It adds two new laws with regard to attack weapons in California. The bill does the following:

limits the purchase of these guns to one per calendar month, and
prohibits the sale of semi-automatic rifles to anyone under 21.⁸⁸

Note too that California constabulary does permit certain qualified personnel to receive:

a allow to manufacture these weapons, and
so sell them to law enforcement agencies or military agencies.

This means a defendant would not be guilty under PC 30600 if he legally had i of these permits. This is provided a weapon was made, or sold to, a police officeholder or military department.

A violation of PC 30600 is charged equally a felony. The criminal offence is punishable by:

custody in canton jail for up to eight years, or
felony (or formal) probation.⁸⁹

Note that a guilty defendant will receive an additional 1-year jail term if he:

transferred,
loaned,
sold, or
gave

an attack weapon or BMG rifle to a pocket-sized.⁹⁰

As to the possession of an assault weapon, a violation of Penal Lawmaking 30605 is a wobbler offense in California. This ways it can be charged as either a misdemeanor or a felony.

If charged equally a misdemeanor, the crime is punishable past:

imprisonment in county jail for up to i year, and/or
a fine of up to $1,000.⁹¹

If charged equally a felony, the crime is punishable by imprisonment in the county jail for up to three years.⁹²

7.two. Definition of assail weapons and .l BMG rifles

An assault weapon is a weapon that is identified as such in a California statute.⁹³

For example, Penal Code 30510 PC lists over 70 types of firearms that are all classified as assault weapons. Some of these include:

all AK series rifles,
Uzi submachine guns, and
the Striker 12 shotguns.⁹⁴

Penal Code 30515 PC also lists some semiautomatic centerfire rifles that are considered assault weapons. Some of these are:

Bushmaster semiautomatic rifles,
the TAVOR Bullpup burglarize, and
the Micro-UZI submachine gun.⁹⁵

A .50 BMG rifle is not an assail weapon or a machine gun.

It is a centerfire rifle that tin fire a .50 BMG cartridge.

A .50 BMG rifle has all of the following characteristics:

the overall length is 5.54 inches from the base of the cartridge to the tip of the bullet,
the bullet bore for the cartridge is from .510 to and including .511 inch, and
the instance base diameter for the cartridge is from .800 inches to, and including, .804 inches.⁹⁶

viii. Are there places where guns are prohibited?

There are six places in California where guns are prohibited. These are:

school grounds,
public buildings and meetings open to the public,
government buildings,
the Governor's mansion,
airports and passenger vessel terminals, and
public transit facilities.

eight.1. School grounds

Penal Code 626.9 PC is California's Gun-Free School Zone Act. The statute prohibits anyone from possessing a gun on or near schoolhouse grounds.⁹⁷

More than specifically, the law makes it a crime to:

possess a firearm in or on the grounds of a public or private G-12 schoolhouse,⁹⁸
discharge, or effort to belch, a firearm in a school zone with reckless disregard for the safety of another,⁹⁹ and
bring or possesses a loaded firearm upon the grounds of student or teacher housing for a public or individual academy.¹⁰⁰

A violation of these laws can result in a jail judgement of upwardly to vii years.¹⁰¹

8.2. Public buildings and meetings open up to the public

Penal Code 171b PC is the California statute that makes it a crime for a person to bring or possess sure "weapons" into:

public buildings, and
meetings open to the public.¹⁰²

Some of these "weapons" include whatever:

firearm,
knife with a blade length over 4 inches,
tear gas weapon,
taser or stun gun, and
BB or pellet gun.¹⁰³

A "public building" is a building owned or leased by the state or local regime, if state or local public employees are regularly present to perform their official duties.¹⁰⁴

Note that this statute may not necessarily apply to:

those personnel that ship weapons into a court of law to be used as prove,
police officers and law enforcement officers,
persons property a valid license to carry a firearm, and
a person who has permission to possess the weapon and is in charge of securing the public building he is in.¹⁰⁵

A violation of this statute is a wobbler criminal offence, meaning it can be charged as either a misdemeanor or a felony.¹⁰⁶

If charged equally a misdemeanor, the crime is punishable by imprisonment in the canton jail for upward to i year.

If charged as a felony, the offense is punishable by custody in county jail for up to iii years.

8.3. Government buildings

Penal Lawmaking 171c PC makes it a criminal offense for a person to bring a loaded firearm into whatsoever of the following:

the State Capitol,
any legislative function,
any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or
the Legislative Office Building at 1020 N Street in the City of Sacramento.¹⁰⁷

A violation of this statute is a wobbler. This means it can be charged as either a misdemeanor or a felony.

A misdemeanor conviction can bring a county jail sentence of up to one yr.¹⁰⁸

A felony conviction tin lead to custody in county jail for up to three years.¹⁰⁹

viii.iv. The Governor'south mansion

Penal Code 171d PC is the California statute that makes it a crime for a person to possess a loaded firearm within or on the grounds of:

the Governor's Mansion or any other residence of the Governor,
the residence of any other constitutional officer, or
the residence of any member of the California Legislature.¹¹⁰

A violation of this law is a wobbler. This means it tin be charged as either a misdemeanor or a felony.

A misdemeanor law-breaking is punishable by imprisonment in county jail for upward to one yr.¹¹¹

A felony law-breaking is punishable past custody in county jail for up to three years.¹¹²

viii.five. Airports and passenger vessel terminals

Penal Lawmaking 171.five PC makes information technology a offense for a person to possess, inside any sterile surface area of an airport or a passenger vessel last:

a firearm,
a taser or stun gun,
a BB or pellet gun,
an imitation firearm,
the frame or receiver of a firearm, or
whatever armament.¹¹³

Possession of any of these guns within the sterile (post-security cheque) surface area of an drome or a passenger vessel terminal is charged as a misdemeanor. The offense is punishable past:

upward to six months in county jail, and/or
a fine of up to $1,000.¹¹⁴

viii.6. Public transit facilities

Penal Code 171.vii PC makes it a law-breaking to knowingly possess inside any sterile area of a public transit facility:

a firearm,
an imitation firearm,
a taser or stun gun,
a BB or pellet gun, or
a spot marker or paint gun.¹¹⁵

Annotation, though, that the sterile expanse must be posted with a statement providing reasonable notice that prosecution may issue.¹¹⁶

Public transit facilities ship members of the public for hire. They include (but are not express to):

streetcars,
buses,
light rails systems,
rapid transit systems,
subways, and
trains.¹¹⁷

A violation of this police is charged as a misdemeanor. The crime is punishable by:

up to six months in county jail, and/or
a fine of up to $1,000.¹¹⁸

nine. What are the rules on ammunition and gun accessories?

In addition to addressing firearms, California'due south gun laws impose rules and restrictions on the following:

large capacity magazines,
armor-piercing magazines,
silencers,
stun guns,
laser scopes and laser pointers.

9.1. Large capacity magazines

As mentioned to a higher place (Department half-dozen), big-capacity magazines are now legal in California. "Large-capacity magazines" are those that can more often than not concur x rounds of ammunition or more.¹¹⁹

ix.2. Armor-piercing ammunition

Penal Code 30315 PC is the California statute that makes it a law-breaking for a person to possess armor-piercing ammunition.

"Armor-piercing" bullets are those designed to penetrate ballistic armor and protective shields, which are intended to deflect conventional bullets.

Possession of armor-piercing ammunition is a wobbler offense, meaning it tin can be charged as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by up to ane year in county jail.¹²⁰

A felony conviction tin pb to custody in county jail for upwardly to three years.¹²¹

9.3. Silencers

Per California Penal Code 33410 PC, it is a offense for a person to possess a silencer.

A violation of this statute is charged as a felony. The crime is punishable past:

custody in canton jail for up to three years, and/or
a fine not to exceed $10,000.¹²²

9.4. Stun guns

It is legal in California for most people to own a stun gun.

However, Penal Code 22610 PC makes it illegal for sure people to purchase, utilise, or possess a stun gun. These people include:

anyone convicted of a felony, any criminal offense involving assault, or any crime involving the misuse of a stun gun under PC 244.five,
narcotic addicts, and
minors, unless he/she is at to the lowest degree 16 years of age and has the written consent of his/her parent or legal guardian.¹²³

The first violation of Penal Code 22610 is a public law-breaking punishable past a $fifty fine.¹²⁴

Subsequent violations are treated equally misdemeanors, punishable by:

upwardly to one year in county jail, and/or
a maximum $1,000 fine.¹²⁵

9.5. Light amplification by stimulated emission of radiation scopes and laser pointers

Penal Code 417.25 PC is the California statute that makes it a law-breaking for a person to indicate a laser scope, or a light amplification by stimulated emission of radiation pointer, at another person in a threatening manner.¹²⁶

Note that "threatening manner," ways that the pointing of the scope or laser instills fear of bodily harm in the other person.¹²⁷

A "laser scope" is a portable battery-powered device that can be attached to a gun and can project a laser low-cal onto objects.¹²⁸

A "light amplification by stimulated emission of radiation pointer" is a hand-held laser beam device that emits a single point of calorie-free, which tin can be seen by the human eye.¹²⁹

A violation of PC 417.25 is charged as a misdemeanor in California. The crime is punishable by imprisonment in county jail for upwards to 30 days.¹³⁰

Notation that in lieu of jail fourth dimension, a judge may impose misdemeanor (or summary) probation.

10. How can I restore gun rights after a criminal conviction?

As stated to a higher place (Department 1.1), felony convictions and convictions of sure misdemeanors upshot in a person losing his/her right to:

ain a gun,
buy a gun, and
possess a gun.

These people must relinquish their gun(s) following a confidence.

A felony confidence ways a person will lose his/her gun rights for life.

Similarly, a few weapon-related misdemeanor convictions can bailiwick a person to a lifetime ban on guns.

In add-on, about 40 misdemeanors bear a 10-yr firearms ban.¹³¹ Some of these include:

stalking, per Penal Code 646.9 PC,
battery, per Penal Code 242 PC,
brandishing a weapon, per Penal Code 417, and
making criminal threats, per Penal Code 422 PC.

Despite these rules, many people bedevilled of a offense can try to restore his/her gun rights. This can exist done by:

having a "wobbler" felony reduced to a misdemeanor, or
receiving a pardon from the California governor.¹³²

Reducing a felony to a misdemeanor means that a person volition not face a lifetime ban on guns (because the felony conviction is reduced).

As to a pardon, a person must apply straight to the governor for a pardon if:

he/she lives exterior California, or
he/she was convicted of sure misdemeanor sex offenses.¹³³

Otherwise, obtaining a pardon is a ii-step process. A person must:

petition the superior court for a California Certificate of Rehabilitation, and
if the petition is granted, it automatically becomes a petition for a pardon from the California Governor.¹³⁴

Note that California's Governor has complete discretion to grant or deny pardon requests.

11. What are some California offenses that involve firearms?

In that location are several California crimes that involve firearms. In addition to the ones mentioned to a higher place, some others include:

inflicting bodily injury while brandishing a gun, per Penal Lawmaking 417.6 PC,
California'south "drive-past shooting" police, per Penal Code 26100 PC,
personal utilise of a firearm in the commission of a felony, per Penal Code 12022.five PC,
the "ten-xx-life 'use a gun and you're done'" police, per Penal Code 12022.53 PC,
sentencing enhancement for criminal street gang participation, per Penal Code 186.22 PC,
commission of a firearm felony while possessing metallic-piercing armor or wearing a bullet-proof belong, per Penal Code 12022.two PC,
use of a gun during the commission of sexual activity crimes, per Penal Code 12022.3 PC, and
aiding or abetting a felony with a firearm, per Penal Code 12022.iv PC.

12. Are ghost guns legal in California?

People who assemble their ain guns in California have to apply for a serial number to affix to the gun. Otherwise, it is yet legal to buy gun parts and assemble them without a background bank check.¹³⁵ All the same, federal police force may before long require that gun parts have their ain series numbers, and for people to accept to pass background checks in order to purchase gun parts.¹³⁶

For additional assist…

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Telephone call our law firm for help…

For additional guidance or to discuss your case with a criminal defence force attorney, we invite y'all to contact us at Shouse Constabulary Group. Our firm provides trusted legal advice and serves clients throughout California, including those in San Francisco, Los Angeles, and San Diego. Nosotros offer discount rates and payment plans during the coronavirus pandemic.

For information on gun laws in Nevada and Colorado, delight run into our manufactures on:

"Nevada Gun Laws – with 2022 updates," and
"Colorado Gun Laws (with 2022 updates)."

Legal References:

sullivansterty.blogspot.com

Source: https://www.shouselaw.com/ca/defense/gun-laws/