California Gun Control Laws

The state of California possesses some of the most restrictive gun carry, possession, and purchase laws in the United States.  California is known as a “may issue” state, which states that sheriffs or municipal police chiefs may issue concealed carry permits to non-prohibited persons.  Open carry in California is restricted to areas where discharge of firearm would be legal, such as hunting and recreational shooting areas.  The restrictive nature of gun laws in California surrounds the state’s complex and comprehensive regulations regarding purchase, sale, and transfer of weapons in the state.

Carrying Guns and Possession Laws: Penalties & Regulations

Criminal possession of weapons in the state of California is possible under a litany of circumstances.  As with most states, persons deemed mentally incompetent, substance abusers, or felons may not legally possess weapons, nor can any individual that has been convicted of a violent misdemeanor within the past decade.  The variation in California law is the rigorous documentation required for firearm possession.  All individuals purchasing or transferring ownership of a handgun into the state must register the weapon with the Department of Justice within sixty days.  Minors under the age of sixteen may possess handguns with permission of parents during regulated activity such as target shooting.    Other penalties and regulations regarding possession of firearms in California include:

• Possession of .50 caliber rifles, assault weapons, or any magazine capable of carrying more than ten rounds is illegal in the state of California.  Weapons in possession before this ban was in place must be registered with state
• Possession of machine guns is illegal in the state of California without permission from the Department of Justice, which refuses to offer permission in virtually all cases
• Possession of non-traditional firearms, including camouflaged devices, devices used for explosive or incendiary impact, or zip guns are all illegal in the state of California, punishable as either misdemeanor or felonies on a case by case basis
• Possession of firearm within reach of a minor is illegal and punished if found
• Concealed carry is prohibited without permit
• Possession of any weapon with altered or changed serial identification markers creates legal assumption person in possession was perpetrator of offense
  

Requirements: For Firearms Possession and Carry in the state of California

California Gun Purchasing Laws

Provisions and prohibitions for purchase in the state of California are numerous and complex.  All sales or transfers of firearms must be made through a licensed state of California dealer, including providing thumbprints, applications, background checks, identification, and other information, as well as fees.  Additionally, if approved, this approval only remains valid for thirty days, which if past, the process must be repeated again.  For any sale, regardless of the express nature of application, there will always be a ten-day waiting period.

Penalties & Regulations for Illegal Purchases

• Purchase or transfer of firearms requires recipient to possess Handgun Safety Certificate
• Sale of ammunition to minors under age of eighteen is prohibited
• Sale of bb guns or pellet guns to minors without parental permission is prohibited
• Numerous regulations for dealers selling firearms include adhering to “Roster of Handguns Certified for Sale”, federal firearms and weapons bans, and various other registration requirements
• No person shall purchase more than one concealable weapon within a thirty day period in the state of California

Requirements: For Purchase of Firearms in state of California

Firing Handguns and Self Defense in California

Discharging a firearm within a municipality or other incorporated area is illegal, save for extenuating circumstances involving self-defense.  Additionally, use of firearms in unincorporated area in a reckless or negligent manner near people or property is also illegal.  The use of lethal force, which any firearm discharge at a person would include, for self-defense is only permissible if the situation contains two important legal elements of an “honest” and “reasonable” belief that murder was going to occur. 

Legal Help

Firearms charges in California present stiff penalties for offenders.  Additionally, the state’s three strikes laws make future arrests seriously dangerous for taking away one’s freedom for life.  Having an attorney represent any gun charge case you are facing is important and essential.