Gun Laws in California: Restrictions on Gun Ownership in the Golden State

Born from the Second Amendment of the U.S. Constitution, the concept of the right to bear arms has been at the core of our state and federal laws since the inception of our nation, and with the tragic shootings in San Bernadino recently, Americans are more focused than ever before on gun laws.

While jurisprudence over the last two centuries explains that the right to bear arms is granted by the U. S. Constitution, that right is limited. State and federal governments have the right to place limitations on weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia.”

California’s Unique Gun Law Restrictions

There are many major federal regulations governing the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories, such as the National Firearms Act, the Gun Control Act of 1968, Firearms Owner Protection Act, and the Brady Handgun Violence Prevention Act. In addition to the federal statutes, each state has its own regulatory scheme to independently oversee the use of firearms.

While forty-four of the fifty states have provisions in their state constitutions very similar to the Second Amendment of the U.S. Constitution, California is an exception to this rule. With some of the most restrictive gun laws in the country, California has a variety of detailed gun law provisions and restrictions. The California Supreme Court has held that the state constitution does not provide private citizens with the explicit right to purchase, possess, or carry firearms. However, this ruling is in contravention of the U.S. Supreme Court’s decision in McDonald v. City of Chicago, which held that the Second Amendment of the U.S. Constitution applies to states as well. As a result of the restrictive legislation and state court interpretation, many of California’s gun laws are now being challenged in federal court.

Rules And Regulations

California has blazed the trail in gun control: it was the first state to require handgun microstamping and it was the first state to enact a Gun Violence Restraining Order law allowing concerned citizens and law enforcement to petition a court to prevent dangerous individuals from buying or possessing guns. California has enacted a variety of other gun control laws, including the following:

• Gun sales must be processed through a licensed dealer, with a required background check
• Gun dealers must obtain a state license
• Most assault weapons and .50 caliber rifles are banned
• Sale or transfer of large capacity ammunition magazines is banned
• Anyone who wishes to purchase firearms first obtain a Firearm Safety Certificate, which involves passing a written test
• Gun shows are subject to strict regulation
• Handgun purchases are limited to one per person per month
• “Unsafe handguns” that are not on the state’s roster of approved handguns are completely prohibited
• Sale or transfer of a firearm requires a ten-day waiting period
• The state maintains a permanent record of all firearm sales
• Local law enforcement can deny a license to carry a concealed weapon

Who Can Buy A Gun In California?

A U.S. citizen, with proof of California residency, over the age of 21 can purchase a handgun, while the age requirement for rifles and shotguns is 18. As of January, 2015, anyone who owns a handgun must obtain a Handgun Safety Certificate (subject to certain exceptions).

The buyer must present “clear evidence of identity and age” which is defined as a valid, non-expired California Driver’s License or Identification Card issued by the Department of Motor Vehicles (DMV). Alternately, a military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable. The exemptions to the DROS process is the transfer of a firearm by a parent to an adult child, or vice versa, or by a grandparent to grandchild, or vice versa, as long as the transfer does not involve a firearm in the prohibited category. The exemptions do not apply to step parents and step children, aunts, uncles, cousins, brothers, and/or sisters.

Concealed Carry Licenses

As a rule, California does not issue Carry Concealed Weapons (CCW) licenses. However, under the rare circumstances they are issued, they can only be issued by California county sheriffs to residents of that county or by the chief of police to the residents of that city. California does not honor or recognize as legal any CCW issued by another state.

Who Can’t Buy A Gun?

Aside from the age restrictions, California has extensive categories prohibiting firearm ownership. The major disqualifiers are people with specific convictions for misdemeanors or felonies, those who are addicted to narcotics, and those who are a danger to themselves or others. Additionally, there are prohibitions for certain mental conditions, conditions of probation, and/or domestic restraining/protective orders.

If you purchase a firearm in violation of California gun law, you may face a variety of penalties, including fines and possible prison time. The basis of the violation determines the penalty. For example, if you purchase a firearm without the appropriate safety certificate or if you are a minor illegally possessing a firearm, you face a misdemeanor with up to 6 months in jail and a fine of $1000. Felony gun charges typically carry prison sentences from one year to twenty years depending on the offense, your criminal record, and the facts of the crime.

Gun Control May Get Stricter In California

California Lieutenant Governor Gavin Newsom has proposed a ballot initiative for 2016 seeking tighter gun control by restricting ammunition sales, requiring the forfeiture of large capacity, assault-style magazines, requiring gun owners to report lost and/or stolen guns to local authorities, and requiring background checks at the point of sale of ammunition.

Need An Attorney?

We can help. The SFVBA Attorney Referral Service can connect you to an attorney to help you deal with any gun law issues, whether you’re trying to purchase a gun or have been cited for a gun law violation.

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