Gun Possession Prohibition
California state gun laws prohibit certain individuals from owning or possessing firearms. For example, owning an unregistered firearm in California is not illegal. However, being in possession of one outside of an individual’s home without having a concealed weapons permit is an offense that can lead to serious legal consequences, for example, a prison sentence or hefty fines.
In addition, California gun laws also require that an individual meet certain age and residency requirements. In general, in order to possess a gun in California, an individual must be a California resident.
An individual might have recently moved to California but already owned guns before they moved. In that case, they have to report ownership of any firearms to the California Department of Justice (DOJ) within 60 days of relocating. The State of California does not recognize out-of-state gun permits.
California requires residents to be 18 years of age or older to own what the state refers to as a long gun, such as a rifle or a shotgun, and at least 21 years of age to own a short gun, such as a handgun. California also places several restrictions on gun ownership on individuals who have been convicted of a crime or have a documented health issue.
Whether or not these restrictions remain in place for the entirety of an individual’s life will depend on the severity of their mental health issue or the type of crime that they committed. For example, an individual who has been convicted of a violent felony or other felony offense, such as felony negligent discharge, or has been diagnosed with a serious mental health disorder will most likely be banned from owning or possessing a gun indefinitely.
Sale and Transfer
There are several laws that govern the sale and transfer of guns. Generally, these rules will vary depending on the type of transaction that is occurring.
For example, when the purchaser of a firearm wants to buy or transfer the ownership of a gun using a dealer, they have to confirm that the dealer has a license to conduct the transactions and that they possess a certificate of eligibility. The purchaser of the gun has to provide the dealer with certain details about the firearm and themselves and undergo a background check.
A private party could seek to purchase or transfer a firearm amongst themselves. In this case, the private parties have to abide by California firearm transfer rules in order for the transaction to be legal. This requires the use of a dealer and a background check.
Even though the parties are conducting the transaction, the dealer has to hold the firearm until the background check is complete. California gun laws also provide exceptions regarding the sale of firearms between immediate family members.
In these situations, no dealer has to act as a middleman during the transaction. This exception applies when a parent is transferring a gun to a child or vice versa.
The exception does not include firearm transactions that are made between siblings. There are also certain regulations that apply to firearm inheritance.
As long as an adult child is not included in one of the prohibited categories, they can legally inherit a firearm. This includes transfers made between parents and children or between grandparents and grandchildren.
Once the firearm is received, the inheritor must register the transfer of ownership.
How to Register a Gun?
In the State of California, guns that an individual already owns do have to be registered. There is no retroactive registration.
If an individual moves to California, they have sixty days to register their firearms. An individual does not have to inform the Department of Justice (DOJ) that they moved out of the state or unregister their guns when they leave California.
Currently, it costs $19 to register a firearm. An individual can report their firearm through the California Firearms Application Reporting System (CFARS) at https://cfars.doj.ca.gov.
An individual can also submit the form by mail. This is a voluntary registration. There is no law currently that requires existing California residents to register firearms that are not already registered.
How to Register a Gifted Gun?
If an individual has received a gifted gun, they may need to register it or properly dispose of it. A local attorney in California can help an individual determine what laws apply to their situation and help them take the required steps.
Safety Requirements
California gun laws also outline safety regulations that gun owners must follow, such as the rule that both long and short guns have to be equipped with a safety device. Individuals who wish to purchase a handgun have to obtain a Handgun Safety Certificate.
In order to obtain a Handgun Safety Certificate, an individual has to take a special training course, pass a written exam, and successfully complete a Safe Handling demonstration in front of a state official or law enforcement officer. California gun owners also have to keep their firearms in a safe place, such as a locked storage box or a safe that has a mechanical or electronic lock, and store the ammunition in a separate container.
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Types of Guns – What Guns Are Legal?
There are certain types of firearms that are banned or considered illegal unless an individual holds a special permit and is registered. Weapons that are typically not authorized without special permission include .50 BMG rifles as well as assault weapons.
There are certain types of guns that are illegal, regardless of whether an individual is specially authorized to possess them or not, including:
- Sawed-off shotguns;
- Semiautomatics with certain characteristics;
- Cane guns;
- Zip guns; and
- Guns that do not immediately appear to be firearms.
Location of Firearms
California laws also outline where firearms may be stored. Both loaded and unloaded firearms may be kept legally and carried at the registered gun owner’s:
- Private business;
- Home residence;
- A campsite.
Possessing and carrying firearms in public or other locations is usually not permitted unless the owner has a special permit or a legal exception applies. Unauthorized individuals are not permitted to carry firearms while:
- On the grounds of a school;
- In a courthouse;
- When taking a common mode of transportation, such as:
- Planes;
- Boats;
- Busses;
- Other forms of transportation.
Transporting Guns / Guns in Public
California carry laws regulate how firearms may be transported or carried in public places. In order to legally possess and transport a gun into California, an individual must:
- Meet the age requirements;
- Be a resident of California; and
- Register any previously owned weapons with the California DOJ or pursuant to California state laws if they are moving to the state with guns.
California carry laws also dictate:
- What types of firearms may be transported;
- How the firearm must be transported;
- Whether a permit is required to carry a gun;
- When a firearm may be transported in public.
It is illegal to carry a concealed weapon without having a carry concealed weapons permit. Guns, including unloaded handguns, cannot be carried openly in public in California. During transport, a firearm must be stored in a locked container.
Penalties
There are different legal consequences that an individual may face for violations of California gun laws. If an individual purchases, sells, or possesses an illegal firearm, they may be convicted of a felony offense.
If convicted of a gun-related felony offense, they may face:
- A prison sentence of one year or longer;
- Significant criminal fines;
- Loss of gun rights;
- A combination of these.
An individual may be able to have their gun rights reinstated after a certain amount of time has passed and if the crime they committed was not considered a serious offense. If not, a felony conviction may prohibit an individual from owning, purchasing, or possessing a firearm for life.
Should I Hire a California Attorney For Help with Gun Issues?
If you have any issues, questions, or concerns regarding California gun laws, it is important to consult with a California criminal lawyer. Gun issues can have a major impact on your life, so it is important to ensure that you are aware of the laws and follow them.
Your lawyer can advise you regarding the best course of action for your case, determine if there are any defenses available if you are charged with a gun crime, and represent you in court. If you are convicted, your attorney can submit a request to have your penalties reduced or propose an alternative sentence.
