text:
Gun laws in California
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Location of California in the United States
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.[1][2]
The gun laws of California[3][4] are some of the most restrictive in the United States. A 5-year Firearm Safety Certificate, obtained by paying a $25 fee, submission of applicant data to the state, and passing a written test proctored by a DOJ Certified Instructor, is required for the sale, delivery, loan, or transfer of any firearm.[5][6] Handguns sold by dealers must be "California legal" by being listed on the state's Roster of Handguns Certified for Sale.[7] This roster, which requires handgun manufacturers to pay a fee and submit specific models for safety testing, has become progressively more stringent over time and is currently the subject of a federal civil rights lawsuit on the basis that it is a de facto ban on new handgun models.[8] Private sales of firearms must be done through a licensed dealer. All firearm sales are recorded by the state, and have a ten-day waiting period. Unlike most other states, California has no provision in its state constitution that explicitly guarantees an individual right to keep and bear arms.[1][not in citation given] The California Supreme Court has maintained that most of California's restrictive gun laws are constitutional, because the state's constitution does not explicitly guarantee private citizens the right to purchase, possess, or carry firearms. However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.[9]
California Penal Code §25850 defines what constitutes a loaded weapon.
Semi-automatic firearms that the state has classified as assault weapons; .50 BMG caliber rifles; and high-capacity magazines (magazines that can hold more than ten rounds of ammunition) may not be sold in California. Possession of automatic firearms, and of short-barreled shotguns and rifles, is prohibited without a Dangerous Weapons Permit, that is received from the California Department of Justice pending a good reason for their possession such as: manufacture, repair, collecting in limited cases (pre-1990), movie prop guns or dealing to police/military.
California is a "may issue" state for permits to carry concealed guns. The willingness of issuing authorities in California ranges from No Issue in most urban areas to Shall Issue in rural counties. Additionally, the issuing authority can also impose restrictions on the CCW permit-holder, such as limiting concealed carry only to the purposes listed on the approved CCW permit application. However, concealed carry permits are valid statewide, regardless of where they were issued. This creates a situation where residents in presumptively No Issue locations such as Los Angeles and San Francisco cannot lawfully carry a concealed firearm, but residents from other counties with more permissive CCW issuance policies can lawfully carry within these same jurisdictions. California does not recognize concealed carry permits issued by other states, and non-residents are generally forbidden from obtaining a California concealed carry permit.
California has state preemption for many, but not all, firearms laws. Actual enforcement of California's firearms laws also varies widely across the state. Urban areas, such as the San Francisco and Los Angeles metropolitan areas strictly enforce firearms laws, and some communities within these areas have passed local ordinances that make legally owning a firearm difficult. Meanwhile, some rural jurisdictions narrowly enforce the same firearms laws by prosecuting only those who demonstrate malicious intent, or not enforcing portions of the state's firearms laws at all. State law enforcement agencies, such as the California Highway Patrol, the California Department of Justice, and the California Department of Fish and Game strictly enforce state firearms law everywhere in California.
Contents
[hide]
1 Summary table
2 State Constitutional Provisions
3 Preemption
4 Firearm sales
4.1 Roster of handguns certified for sale
4.2 Microstamping
5 Concealed carry
5.1 Peruta v. San Diego
6 Open carry
7 Transportation
7.1 Traveling into California for purposes of competition
8 Child safety
9 NFA firearms
10 Assault weapons
10.1 Assault Weapons Control Act of 1989
10.2 Bullet button and refined definition of a "fixed magazine"
10.3 Exceptions
10.4 Nonresidents transporting assault weapons through California
11 Other laws
12 See also
13 References
14 External links
Summary table[edit]
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State permit to purchase? Yes Yes §26500 [3] All firearm sales must be completed through a dealer. Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military or a peace officer under Penal Code Section 830. Military reservists must provide proof of residency in order to purchase a firearm.
Firearm registration? Yes Yes §28150 The California Department of Justice ("DOJ") retains information about the purchaser and seller of all in-state firearm sales and transfers, and requires that any firearms imported into the state be reported to the DOJ.[10] Furthermore, the Attorney General is required by law to maintain a registry containing the fingerprints and identifying information of the transferee, and the unique identifying information of every firearm transferred in the state, pursuant to §11106.[11] All handgun serial numbers and sales are recorded by the state in the Department of Justice's Automated Firearms System, along with those of many long guns. While there is no requirement for California residents to register handguns owned prior to 1991 with law enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice's Automated Firearms System. New residents must register handguns (purchased outside of California) with DOJ within 60 days. As of January 1, 2014, long gun serial numbers are also recorded, whereas previously only the sale was recorded. However, it is not required that owners of long guns purchased prior to 2014 register their firearms and it is not a crime to be in possession of an unregistered firearm.
Owner license required? No No None While the Firearm Safety Certificate is required for new purchases of firearms, ongoing possession of a firearm does not require a license or permit.[12] People moving into California are required, within 60 days, to file a New Resident Report of Firearm Ownership.[13] [14] New residents are prohibited from importing large-capacity magazines, assault weapons, or any other weapons prohibited by California law regardless of whether they were lawfully acquired and possessed in the residents' prior state of residence.[15]
Assault weapon law? Yes Yes §30500, §30515 Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. While California's Assault Weapons Ban does allow individuals to obtain, transport or possess banned weapons with permission from the DOJ, the DOJ generally does not grant such permission to ordinary citizens. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration – known as "banned features". Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders and an authorization letter from the installation commander.
With the passage of Senate Bill 880 and Assembly Bill 1135 in June 2016, the state's assault weapon ban has been expanded to include all semi-automatic center-fire rifles and shotguns that have a "bullet button" detachable magazine; effectively repealing a prior law that made "bullet button" magazines required on all newly manufactured weapons with detachable magazines. The sale or transfer of such weapons will be prohibited, effective January 1, 2017. Those purchased prior to January 1, 2017 must be registered with the DOJ by the start of 2018. The definition of types of weapons that are banned has been expanded, the exact definitions should be reviewed at the California DOJ website.[16]
Magazine capacity restriction? Yes Yes §32310
Section 32310 of the Penal Code states that any person who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, receives, or assembles any large-capacity magazine from a parts kit is punishable by imprisonment in a county jail not exceeding one year or imprisonment. Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[17] In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of magazines that can hold more than ten rounds of ammunition requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.[18] Under Proposition 63, mere possession of a large-capacity magazine is punishable as a misdemeanor with a $100 fine or an infraction with a $100 fine. This prohibition applies to magazines acquired prior to January 1, 2000 that were previously considered "grandfathered."[19] Importation, manufacture, lending, assembling a large-capacity magazine from a parts kit, or buying a large-capacity magazine remains chargeable as a felony or a misdemeanor.[20] On June 30, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of large-capacity magazines, pending the outcome of litigation concerning the ban. Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and/or the ban is upheld by the courts.[21]
Carry permits required? Yes Yes §26150 "May issue," depending on jurisdiction. County sheriff's or local Police Chief's discretion, many counties are de facto "no-issue", while others are "shall-issue" in practice. CCW permits valid statewide. Out-of-state permits not valid in California. California's may-issue law has been held constitutional by an en banc panel of the U.S. Court of Appeals for the Ninth Circuit. The Supreme Court refused to hear an appeal of this holding.[22]
Open carry? Partial Partial §26350 Long guns and handguns may be openly carried in unincorporated rural areas where firearm discharge is not prohibited by local ordinance. In a county with a population of less than 200,000 residents, a permit to carry a handgun "loaded and exposed" may be issued by the county sheriff, valid only in the issuing county. A person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property."[23]
State preemption of local restrictions? Yes Yes §53701 GC Most but not all local restrictions preempted.
Castle doctrine law? Yes Yes California never requires a duty to retreat whether in your own home or not. The state acknowledges a legal presumption that an intruder poses a deadly threat if in your own home or property that is owned and controlled by yourself.
NFA weapons restricted? Yes Yes §12220, §12020, §12020 Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. Destructive devices are prohibited unless are designated as curios & relics, in which case a collectors permit can be obtained. The only AOWs that are permitted are smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel. C&R short-barreled rifles and C&R short-barrled shotguns permitted.
Peaceable journey laws? No No California courts have ruled that large capacity magazines (LCM) that are disassembled or LCM parts are legal to possess. Otherwise federal rules are observed.
Waiting period? Yes Yes §26815(a)[4], §26950-27140 [5], §27540(a) [6],
§27600-27750 [7]
California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder. That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner.
On August 25, 2014, the California’s 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" as applied to members of certain classifications (notably holders of concealed carry permits) and "burdens the Second Amendment rights of the Plaintiffs".[24] On December 14, 2016 this ruling was overturned by a three-judge panel of the 9th U.S. Circuit Court of Appeals.[25] The plaintiffs' petition for an en banc rehearing was denied April 4, 2017; on February 20, 2018 the Supreme Court certiorari petition was denied, meaning that the waiting period remains in effect.[26]
Background checks required for private sales? Yes Yes Cal. § 27545 Private party transfers of firearms must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale.
Red flag law? Yes Yes The police or a person's family member can ask a judge to confiscate the firearms of a person who appears to pose a threat to themselves or others.
State Constitutional Provisions[edit]
The Constitution of California does not contain a provision explicitly guaranteeing an individual right to keep and bear arms. Article 1, Section 1, of the California Constitution implies a right to self-defense (without specifically mentioning a right to keep and bear arms) and defense of property, by stating, "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
Preemption[edit]
California law (§53071 GC) prohibits county and city authorities from enacting regulations regarding the registration or licensing of firearms.[27] This provides for uniform firearm laws and prevents situations found in other states (such as New York) where traveling with an otherwise legal firearm could put a citizen at risk of violating local city ordinances.[28]
Because of their inability to regulate firearms directly, some cities, such as Los Angeles, have prohibited residents from possessing a handgun or rifle magazine that fit more than 10 rounds,[29] require firearms be stored in locked containers or with trigger locks installed when not in use,[30] and have enacted ammunition regulations. Many jurisdictions have enacted ordinances restricting or banning the discharge of firearms, and use zoning laws to impose significant restrictions to the establishment of gun stores and shooting ranges within their boundaries.
Firearm sales[edit]
Due to one of California’s earliest gun-control bills passed in 1923, gun sellers may not advertise the sale of handguns on their property.[31]
The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer electronically submits the application to the California Department of Justice (DOJ), which performs a background check on the buyer. The approved application is valid for 30 days. There is a 10-day waiting period for the delivery of any firearm. The buyer must pick up the firearm within 30 days of the original submission of paperwork (if approved), or he or she will have to have a dealer resubmit the paperwork and another 10-day waiting period starts.
Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method. The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns.[32]
Handgun purchases, except for private party transfers and Certificate of Eligibility (COE) holders, are limited to one per 30-day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate.[33] This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun. Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.[34]
Effective January 1, 2015, the Handgun Safety Certificate program was replaced with the Firearm Safety Certificate (FSC) program. Under the FSC program, requirements that previously applied to handguns only now apply to all firearms (handguns and long guns), unless exempt. A valid Handgun Safety Certificate can still be used to purchase/acquire handguns only until it expires. For long gun purchases/acquisitions made January 1, 2015, and thereafter, an FSC will be required. Once an FSC is obtained, it can be used for both handgun and long gun purchases/acquisitions.[35]
Residents of California purchasing long guns in other states are subject to the same requirements as for purchasing firearms in-state, if the buyer returns to California with the weapons in possession. For example, a California resident who purchases a long gun in Nevada would be required to go through a registered FFL in Nevada to have the weapon shipped to an FFL in California, who would then complete the DROS and administer the 10-day waiting period. However, a California resident would not be subject to California law for long guns purchased out-of-state and are never brought into California. In other words, a California resident who purchases a long gun in Nevada, for example, and stores the weapon at the home of a family member or friend in Nevada, would not be violating California law, as long the weapon never enters the state. Such would also be the case for a California resident purchasing a California-defined assault weapon in another state where such weapons are legal, and the weapon is never brought into California; no violation of California law will have occurred. The California Department of Justice has been known to conduct sting operations by sending undercover agents to gun stores and gun shows in neighboring states to observe California residents purchasing firearms at such venues, and then tracking buyers back into California, where they are then arrested and prosecuted.[36] The differences in gun laws and gun control philosophy between California and neighboring states has been a source of heated arguments between political figures in California who mostly support strict limitations on gun ownership and usage, and politicians in Arizona and Nevada who mostly favor individual gun rights.[37]
Roster of handguns certified for sale[edit]
Dealers may not sell any new handgun unless it is listed in the state Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.[38] Sale to law enforcement personnel are exempt from list restrictions.
Microstamping[edit]
On May 17, 2013, the state attorney general began enforcing a new law requiring that semi-automatic pistols incorporate microstamping.[39] With this technology, very small markings are engraved, using a laser, on the tip of the firing pin and on the breechface of the firearm. When the gun is fired, these etchings may be transferred to the primer by the firing pin, and to the cartridge case head by the breechface, using the pressure created when a round is fired. If successful, this imprints two identifying numbers, unique to that gun, on each spent cartridge casing.[40] This requirement applies to new guns being added to the California Department of Justice's roster of handguns certified for sale; semi-automatic handgun models already listed on the roster are not required to incorporate microstamping. Note of interest - this law was passed in 2007 and the wording in the law stated that it shall become effective when there are at least two companies, unencumbered by a patent, employing this technology. To date, no manufacturer offers this technology in firearms available to the public.[41]
The National Shooting Sports Foundation is currently suing the State of California over the microstamping law.[42]
Concealed carry[edit]
Map of CA CCW "Good Cause" standards by county. Color coding represents a range of policies, varying from Self Defense to No Issue.
California[43][44] is a "may issue" state for concealed carry based on an applicant's justified need and suitability. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of a county's sheriff or an incorporated city's chief of police in their place of residence. Residents of incorporated cities and towns have the option to apply for a concealed carry license through their local police department or through the sheriff's office in their county of residence. Applicants must generally be residents of the jurisdiction in which the permit application is filed. The only exception to this is for non-resident applicants with a bona-fide place of business in the jurisdiction where the permit application is filed, in which case the permit is valid only in that jurisdiction.[45][46] In practice, the attitudes of different sheriffs and police chiefs toward the issuance of permits vary widely and, consequentially, different jurisdictions in California can vary anywhere from de facto shall-issue to de facto no-issue.[47] A permit may be issued, by a county Sheriff or city Chief or head of municipal police, in one of two formats:[48]
A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person."
California does not recognize any concealed carry permits issued by other states or their political subdivisions. With exceptions for nonresident Active Duty military members permanently stationed within California, state law generally forbids nonresidents from obtaining a California CCW permit.[49][50] As of September 2011, there were around 35,000 active concealed carry permits in California, compared to a total population of 39 million.[51]
California law[52] provides that the Sheriff of a county or a city Police Chief may issue a license to carry a concealed weapon upon proof that the person applying is of "good moral character" and that "good cause" exists for the issuance.[53] While it is generally believed to be extremely difficult to obtain a license to carry a concealed weapon (CCW) in California, the difficulty varies greatly by city and county of residence.[54][55] In most rural counties, qualified applicants are usually successful in obtaining a license, while some cities and counties, such as San Francisco and Los Angeles, are extremely restrictive in what they perceive to be good cause, such as a clear and immediate threat on the applicant's life that cannot be avoided or mitigated by other means. There are also jurisdictions with "moderately restrictive" policies, where an applicant must show circumstances that demonstrate a need for a permit above that for the general populace, such as residing or conducting lawful business in high-crime areas, where a general risk of victimization exists even if no specific threat has been identified. Some jurisdictions have established additional local requirements the applicant must meet, as a matter of demonstrating suitability, before the issuing authority grants a CCW permit. For example, the counties of Alameda and Monterey require applicants to obtain a mental health assessment at the applicant's expense as part of each county's permit application process.[56]
In Los Angeles county, many licenses are issued to people who have donated to Sheriff Lee Baca.[57] Some departments are now being challenged in federal lawsuits, under the Equal Protection clause of the 14th Amendment.[58]
Some argue[59] that the California system for CCW issuance fosters political corruption and systematic discrimination of applicants, as it has been publicized that numerous celebrities, government officials, and campaign donors have been issued CCW licenses in cities and counties where the general public have been consistently denied. CCW issuance is also extremely low in areas where the population has a high concentration of minorities and minority applicants are more frequently denied, causing some to allege institutional racism.
Carrying a concealed firearm without a permit is a misdemeanor with a minimum penalty of 90 days in jail.[citation needed] It may be prosecuted as a felony if any one of over a dozen specific circumstances exist, such as carry by a felon, carry in relation to gang activity, carry with the intent to commit a violent crime, etc.
Peruta v. San Diego[edit]
On February 13, 2014, a three-judge panel of a federal appeals court, in the case of Peruta v. San Diego, ruled that California's may-issue concealed carry rules as implemented by the County of San Diego, in combination with its ban on open carry in most areas of the state, violate the Second Amendment, because they together deny law-abiding citizens the right to bear arms in public for the lawful purpose of self-defense.[60]
The San Diego County Sheriff's Department issued a press release dated February 21, 2014 stating it will not seek review of the decision by the entire membership of judges sitting in the Ninth Circuit, and "Should the decision of the Ninth Circuit become final, the Sheriff's Department will begin to issue CCW's in situations where the applicant has met all other lawful qualifications and has requested a CCW for purposes of self-defense."[61] This paves the way for California's may-issue law to be replaced with a shall-issue law.
On February 27, 2014 California Attorney General Kamala Harris filed a petition for en banc review of the decision. As the state was not a formal party of the case, her action is not an appeal, but merely a request that the full court re-hear the case en banc on its own initiative.[62][63][64] However, the petition filed was denied by the Ninth Circuit on November 12, 2014.[65] However, Chief Judge Thomas of the Ninth Circuit ordered on March 26, 2015 that the case be reheard en banc.[66] The en banc oral arguments were heard on June 16, 2015.[67] On June 9, 2016, the Ninth Circuit reversed its prior decision and ruled that "The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment." The court's ruling did not address open carry in public, leaving that issue open to potential future litigation.[68]
On June 26, 2017, the Supreme Court refused to grant certiorari to hear an appeal of the Ninth Circuit's en banc decision. Justices Clarence Thomas and Neil Gorsuch dissented from the denial.[69]
Open carry[edit]
Open carry of firearms is governed in California by a set of laws that, at times, conflict with one another. This has created significant confusion over the legality of open carry in the state. Open carry of loaded or unloaded firearms in public is generally prohibited, although open carry may be allowed in unincorporated rural areas where permitted by local ordinance, and elsewhere under certain circumstances.
The Mulford Act prohibited personal possession (i.e., carry) of a loaded firearm in incorporated areas (such as inside city limits) or prohibited areas of unincorporated territory without a license to carry or other exemption provided for by law.[70] A license to carry "loaded and exposed" firearms may be issued by a Police Chief or County Sheriff in a county with population of less than 200,000 persons at the last census.[52] No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance. Additionally, state law allows open carry in situations where one "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property." However, one using this rationale as the basis for openly carrying a firearm can expect to be detained and questioned by law enforcement (and possibly arrested and charged with unlawful carrying of a firearm if the officer does not believe that open carry is sufficiently justified), especially in more densely-populated areas.
California Penal Code §25850 (formerly 12031) defines what constitutes a loaded weapon). For Penal Code to have validity, all following must apply to the case.
1.1. "Loaded"
A firearm is "loaded" when there is:
an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm…including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.. Therefore, carrying a loaded magazine separate from the handgun is NOT Prohibited under the CA Penal Code. As long as the loaded magazine is not inserted into the gun, you are carrying/transporting an unloaded weapon.
e.g. Ammunition and handgun are in the same box but the handgun does not have a loaded magazine inserted, nor a round in the chamber.
In the case of People v. Clark (1996) a shotgun shell attached to the shotgun (e.g. "side-saddle"), although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.
Prior to January 1, 2012, it was legal to openly carry an unloaded handgun in public. In October 2011, Governor Jerry Brown signed a bill that modifies the law on openly carrying an unloaded firearm to match the restrictions for openly carrying a loaded weapon.[71] Legislation was later signed by Governor Brown to expand these restrictions to long guns and shotguns, except while hunting.
Transportation[edit]
PC§ 25610 [8].When being transported, handguns must be unloaded and in a locked fully enclosed container other than the glove box or any console attached to the vehicle. The trunk of a car is considered to be a locked container but a glove box or "utility box" is specifically forbidden. If one believes he or she is within a "gun-free school zone" (area surrounding 1,000 feet from the edge of school grounds which teaches any grade from kindergarten to 12th grade) then the handgun must be locked in a fully enclosed container. Failure to lock up a handgun while in a school zone is a violation of federal (only if one does not possess a concealed weapons permit issued by California) and state law.
Long guns (rifles, shotguns) must be unloaded when transported in a vehicle. There is no requirement for a locked container with the exception of long guns considered to be "assault weapons". Federal law requires locking containers when inside of a "gun-free school zone." In U.S. v. Lopez the Supreme Court ruled the federal Gun-Free School Zone Act was an unconstitutional exercise of Congress's power under the commerce clause. However, in 1996 Congress passed an amendment to the law requiring the gun to have traveled in interstate commerce, thereby voiding the effect of the ruling.
Assault weapons, as defined by California law, must always be transported in locked containers and may only be transported under certain circumstances
Traveling into California for purposes of competition[edit]
PC§ 30665. Possession and Importation of Assault Weapon or .50 BMG Rifle Into State by Nonresident; Conditions Permitting Sections 30600, 30605, and 30610 shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met: (a) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle. (b) The competition or match is conducted on the premises of one of the following: (1) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (2) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets. (c) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (d) The assault weapon or .50 BMG rifle is transported in accordance with Section 25610 or Article 3 (commencing with Section 25505) of Chapter 2 of Division 5. (e) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (Added by Stats. 2010, SB 1080, Ch. 711, Sec. 6. Operative January 1, 2012.)
Child safety[edit]
Firearms must be kept locked up when children may be present. The 2008 California Dangerous Weapons Control Law modified California Penal Code §12035 defining criminal storage of a firearm as keeping "any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm." A person may be charged with a crime, if he or she keeps a loaded firearm, and the child takes the firearm to a public place or causes injury.[72]
NFA firearms[edit]
It is illegal to possess an automatic firearm or a short-barreled shotgun or rifle without permission from the DOJ; such permission is generally not granted.[73] Enforcement of the ban varies throughout the state. Authorities in most urban areas will prosecute someone for merely possessing a prohibited firearm regardless of intent, whereas county sheriffs and local police in some rural counties have either refused to enforce the ban or to only prosecute those in possession of banned weapons who demonstrate malicious intent.[citation needed]
Assault weapons[edit]
Since 1989, it is illegal to sell a firearm that the state has defined as an assault weapon and that has been listed in the California Department of Justice (DOJ) roster of prohibited firearms. This includes many military look-alike semi-automatic rifles and .50 caliber BMG rifles.[74] DOJ roster firearms may be legally possessed if registered with the state prior to January 2005. Military look-alike firearms that are not listed on the DOJ roster of prohibited firearms, known as "off-list lowers," are legal* to own and possess as long as state laws concerning configuration are followed. It is illegal to import, sell, give, trade, or lend a magazine that holds more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles and .22 caliber rifles;[75] however, the possession of such magazines is legal. *Technically these "off-list" lowers are Category 2 assault weapons under current California law. However, in the 2001 case Harrott v. County of Kings (25 P.3d 649 (Cal. 2001), the Category 2 assault weapon law was ruled unenforceable. With the passage of Senate Bill 880 and Assembly Bill 1135 in June 2016, the state's assault weapon ban has been expanded to include all semi-automatic center-fire rifles and shotguns capable of accepting a detachable magazine, regardless of specific makes or models or whether or not they have military-style features. The sale or transfer of such weapons is prohibited, effective January 1, 2017. Those purchased prior to January 1, 2017 must be registered with the DOJ by June 30th, 2018.
Assault Weapons Control Act of 1989[edit]
Main article: Roberti-Roos Assault Weapons Control Act of 1989
The Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), its augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004 have led to many restrictions on semi-automatic firearms. In addition to a list of specific firearms that are banned by name, the following firearms are banned by characteristic (from Penal Code §30515(a), formerly §12276.1):
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches [762 mm].
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
In addition, (Penal Code §12001.5) bans, by definition, short-barreled shotguns and short-barreled rifles. Defined in Penal Code §12020; a short-barreled shotgun is defined as a firearm (designed, redesigned, or altered) to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches or an overall length of less than 26 inches. A short-barreled rifle is defined as a semiautomatic, center fire rifle with a barrel length of less than 16 inches or an overall length of less than 26 inches.
Interestingly, while a Rossi Circuit Judge (18" barrel) is considered a shotgun with a revolving cylinder (violation of #8 above), the CA DOJ claims it is legal because it has a rifled barrel. However, the Taurus Judge handgun is considered a "short-barreled shotgun" and therefore illegal in CA, even though it fires the same shot shell as the Circuit Judge, as well as has a rifled barrel. Conversely, there are many revolvers that fire shot shells made in different calibers (e.g. 22, 9mm, 38, etc.) mostly used to shoot birds or snakes. Even though these handguns, with less that 18" barrels, fire shot shells, like the Judge, they are legal in California.[citation needed]
Bullet button and refined definition of a "fixed magazine"[edit]
Main article: Bullet button
Methods of obtaining particular styles of firearms similar to assault weapons have been achieved by design changes by gun parts manufacturers. One of the most common modifications prior to 2017 was a "bullet button", which modified a rifle so that the magazine is not removable without the use of a tool (which could include a bullet used as a tool per state law), which presses a button that a finger alone cannot press. Weapons with this feature were deemed to no longer have a "detachable magazine" within the assault weapons definition, and therefore could be exempt from the law as it then stood, depending on the other requirements.[76][77] As certain portions of firearms (the lower receiver, or "lower" for short, which is legally considered to be the firearm) are banned by model name under California state law, multiple modifications could be made to allow a rifle to comply under state law.
It is under these exceptions that the weapons used in the 2015 San Bernardino terrorist attack [78] were legal when initially purchased, and subsequently illegally sold to the perpetrators.[79][80] The perpetrators subsequently illegally altered these exempt weapons in ways that violated other provisions of the California law, by enabling the DPMS Panther Arms AR-15 rifle to use a high-capacity magazine and illegally modifying the Smith & Wesson M&P15 rifle.[81][82]
In order to close what was perceived by proponents to be a loophole in the law enabling such modifications,[83] the legislature passed Assembly Bill 1135 and Senate Bill 880 in 2016 which, amongst other things, narrowed the definition of a "fixed magazine" as required under the law "to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action."[84]
Shortly after being signed into law, Darin Prince, the creator of the bullet button, revealed the bullet button reloaded in order to comply with the new law.[85][86]
Exceptions[edit]
California's assault weapons ban has a provision for an individual to seek approval from the state DOJ to acquire, transport and possess a firearm that meets the state's prohibited firearm criteria, although such approval is generally not granted unless the applicant qualifies under a limited set of exceptions:
Individuals who owned listed assault weapons before the 1989 assault weapons ban went into effect are allowed to keep such firearms; owners were required to register such weapons with the California DOJ by a deadline established in the assault weapons ban legislation.
Non-resident, active duty military members who bring their firearms into California when permanently assigned to a military installation within the state. Prior to arrival, the military member must submit a registration form and a copy of his or her assignment orders and an authorization letter from the installation commander to the DOJ, and the firearm(s) in question are legal to obtain and possess in his or her home state. If a non-resident military member decides to establish residency in California, he or she must either surrender listed assault weapons to the DOJ or police department, or remove the weapons from the state prior to becoming a resident and/or separating from the Armed Services.
Resident police officers in California may own listed assault weapons with permission of their police chief and the DOJ. As of 2011[update], police officers may keep their assault weapons and high capacity magazines after retirement or separation from the force. No permission is needed for police to purchase and possess magazines that hold more than ten rounds of ammunition, but they must present proof of their active law enforcement affiliation.
Firearms that would have been classified as assault weapons but are used for Olympic and International competitions are exempt. There is a list of the exempt firearms, and new firearms can be added to the list if needed by USA Shooting, the governing body for Olympic and International Shooting Sport competition.
Assault weapons being imported into California for sale and delivery to a federal, state or local governmental agency for use by employees of such agencies to perform official duties.
Private security firms may seek approval from the DOJ to arm its employees with weapons that meet California's assault weapon definition while on duty. The DOJ in its discretion may issue a Special Weapons Permit to security firms on a need-based determination (e.g., significance of persons, items, or sites being protected by the applying firm, threat level against such persons, items, or sites, etc.). Employees of such firms are subject to extensive training and vetting requirements prior to obtaining DOJ approval to carry assault weapons on duty.
Assault weapons intended for use in the film industry are allowed, with approval from the DOJ.
Nonresidents transporting assault weapons through California[edit]
There are protections under the federal Firearm Owners Protection Act for nonresidents traveling through California with firearms that meet the state's assault weapon criteria. First, the weapon must be legal for the traveler to own under federal law and under the laws of his or her home state and the state of destination. Additionally, the weapon in question must be unloaded with the firearm and ammunition locked in separate cases and placed in an area of the vehicle that is not easily accessible, such as the trunk of a car or bed of a truck. Finally, the traveler should traverse the state by the shortest route and make the minimum number of stops practicable.
Other laws[edit]
There are also numerous other laws, such as prohibition on possession of tracer ammunition, handgun armor-piercing ammunition, .50 BMG rifles, and the sale or transfer of magazines with a capacity of more than 10 rounds. All rifles are normally exempt for the original owner if properly registered at the time of the acts which prohibited them.
In addition, the law states that any weapon that is part of the AR-15 series or AK series is also an assault weapon, regardless of manufacturer; this dates back to 1989 ban, and was confirmed in the Kasler v. Lockyer decision, filed 6/29/2000.[87][88] However, the California Supreme Court declared the identification of assault weapon by series membership to be too dubious and difficult for the average citizen or even trial court to make without specific and clear model identification guidelines. The court thus set some specific requirements for the "series" identification portion of the law in their ruling of Harrott v. County of Kings, filed 6/28/2001.[89] This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list");[90] it did not address assault weapons defined by features. Thus, only firearms specifically listed by exact combination of manufacturer and model name, or conforming to explicit exterior characteristics (such as a pistol grip or folding stock in combination with a detachable magazine) can be banned under current legislation.
Once it was realized the California Department of Justice (CA DOJ) had not updated the "Kasler list" in the five years after the Harrott decision, many Californians found they could legally purchase and possess AR and AK rifles not yet officially identified as "series" members. As of February 2006, over 10,000 "off-list" receivers (frames) for such rifles have been legally imported to, and purchased within, California. The only requirement for these receivers are that the combination of make and model is not explicitly listed as banned, and as long as the owner does not add certain "characteristic features" turning the firearm into an assault weapon (i.e. pistol grip, flash suppressor, etc.). These characteristic features can be used, however, if a nondetachable 10-round (or less) magazine, conforming in the converse to the California Code of Regulations §5469, formerly §978.20, definition of detachable magazine,[91] is affixed to such "off-list" rifles. These off-list rifles can also be used without a pistol grip, folding stock, or flash hider, in which case it is legal to own and use them with detachable magazines, including large capacity magazines. (California Code of Regulations §978.20 was changed without regulatory effect renumbering §978.20 to §5469 filed 6-28-2006)
The CA DOJ produced a report from the Ferranto Commission in response,[92] intimating that this list will be updated in early 2006; as of December 2006, it had not done so. On February 1, 2006, the CA DOJ also issued a controversial memorandum about this subject; critics say the described actions are not founded or supported within statutory law in Penal Code §§12275–12290. This memo stated that once off-list "series" firearms are declared and registered as assault weapons, they will not be able to have characteristic features added or fixed magazines removed. This is being challenged by pro-gun groups, since there is no criminal violation in the California Penal Code for adding or changing features to a legally acquired, registered assault weapon.
On November 8, 2005, San Francisco voters enacted Proposition H, a total ban on the manufacture, sale, transfer or distribution of firearms or ammunition in San Francisco, as well as a ban on the possession of handguns within the city by San Francisco residents (excepting police officers, security guards and the like). The ban did not prohibit possession of weapons other than handguns, nor did it prohibit residents of other cities from possessing handguns in San Francisco. While this measure made San Francisco the third major U.S. city, following Washington, D.C. and Chicago, to enact a ban on handguns, San Francisco's ban extended further, not implementing a grandfather clause found in Chicago's and Washington D.C.'s laws that protected existing gun owners. Proposition H stated that handgun owners in San Francisco must turn over their handguns to the police by the end of March 2006, have them confiscated, or move outside the city limits. In June 2006, Judge James Warren of the San Francisco County Superior Court struck down Proposition H, asserting that under California law local officials do not have the authority to ban handgun ownership by law-abiding citizens. On January 9, 2008, a California appellate court upheld Judge Warren's decision.[93] The National Rifle Association (NRA) opposed the ban from its inception.
In May 2013, the Los Angeles City Council voted to draft a law prohibiting the possession of large-capacity ammunition magazines, sparking lawsuit threats from two gun rights organizations.[94] In November of the same year, the city of Sunnyvale passed a similar ordinance along with three other firearm related restrictions. The new ordinance requires city residents to "dispose, donate, or sell" any magazine capable of holding more than ten rounds within a proscribed period of time once the measure took effect. Measure C also requires:
city residents to report firearm theft to the police within 48 hours,
residents to lock up their guns at home, and
gun dealers to keep logs of ammunition sales.[95] The city of San Francisco then passed similar ordinances a short time later.[96][97]
SB199, passed in August 2014, requires some fake guns to have bright colors for safety reasons.[98]
Bill 1014 that has passed the State Senate in September 2014 would allow the police to confiscate guns from high-risk individuals for a period of 21 days without a warrant or court order.[99] On 30 September 2014, Governor Brown signed the law which is phased in through 1 January 2016. This makes California the fourth state (behind Connecticut, Indiana, and New York) to have a weapons seizure law.
SB 869, newly signed by Governor Brown, makes it a crime (infraction with a fine up to $1,000) to leave a firearm in an unattended vehicle unless it has been either 1. locked in the trunk, 2. stored in a locked container that is placed out of plain view or 3. stored in a locked container that is permanently affixed to the interior of the vehicle and not in plain view. The specific language of the new law can be found in Penal Code Section 25140.[100] Active peace officers are specifically called out as not being exempt, unless in the event that immediate aid is required that is within the course of their employment. Likely, this law will be enforced upon the report that a firearm was stolen out of a vehicle, in which case the owner will be held responsible.
In July 2016 several new restrictions were enacted. It became illegal to sell semi-automatic rifles with magazines that can be detached using a bullet button. The possession of magazines that can hold more than ten rounds of ammunition is now prohibited; large capacity magazines lawfully owned before this date must either be turned into police or a licensed firearms dealer, or removed from the state. Background checks are required for the sale of ammunition.[101][102]
In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of magazines that can hold more than ten rounds, requires a background check for the purchase of ammunition, and requires the reporting of lost or stolen guns.[18] Starting on January 1, 2019, a permit will be required to purchase ammunition and ammunition must be registered.[103]
In California, the police or a person's family member can ask a judge to confiscate the firearms of a person who appears to pose a threat to themselves or others. The weapons may be held for up to a year.[104][105]
See also[edit]
.50 Caliber BMG Regulation Act of 2004
Concealed carry in the United States
Gun laws in the United States by state
Guy Montag Doe v. San Francisco Housing Authority
Law of California
Mulford Act
Peruta v. San Diego
Roberti-Roos Assault Weapons Control Act of 1989
San Francisco Proposition H (2005)
References[edit]
^ Jump up to: a b "California: Important/Relevant Gun Laws". Archived from the original on September 24, 2014. Retrieved March 21, 2015.
Jump up ^ "Law Center to Prevent Gun Violence – Gun Law Information Experts". Smartgunlaws.org. January 12, 2015. Retrieved February 18, 2015.
Jump up ^ "Bureau of Firearms | State of California - Department of Justice - Kamala D. Harris Attorney General". Ag.ca.gov. Retrieved February 18, 2015.
Jump up ^ "California Department of Justice – California Firearms Laws" (PDF). Ag.ca.gov. Retrieved February 18, 2015.
Jump up ^ Senate Bill No. 683, Official California Legislative Information. Retrieved April 1, 2017.
Jump up ^ Assembly Bill AB809, Official California Legislative Information. Retrieved December 24, 2013.
Jump up ^ "Roster of Handguns Certified for Sale - Firearms Division - California Dept. of Justice - Office of the Attorney General". Certguns.doj.ca.gov. 2001-01-01. Retrieved February 18, 2015.
Jump up ^ "CGF Challenges CA Handgun Microstamping Requirement in Federal Civil Rights Lawsuit". Calguns Foundation. 2013-06-18. Retrieved February 18, 2015.
Jump up ^ "Litigation Past and Present - Calguns Foundation Wiki". Wiki.calgunsfoundation.org. Retrieved February 18, 2015. [dead link]
Jump up ^ "Retention of Sales & Background Check Records in California", Law Center to Prevent Gun Violence, October 29, 2015. Retrieved June 8, 2016. "California law requires most firearm transfers to be processed through a licensed firearms dealer.... Firearms dealers are required to report all Dealer Record of Sale ("DROS") transactions to the California Department of Justice ("DOJ") electronically."
Jump up ^ "California Penal Code Section 11106", Onecle. Retrieved December 10, 2016. "(2) The registry shall consist of all of the following ... (A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale... (B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale...(D) The manufacturer's name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted."
Jump up ^ http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=26840.
Jump up ^ https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/ab991frm.pdf
Jump up ^ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27560.&lawCode=PEN
Jump up ^ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17000.
Jump up ^ "New Firearms Legislation". State of California - Department of Justice - Office of the Attorney General. 2016-12-12. Retrieved 2017-03-03.
Jump up ^ California Penal Code section 32310-32390, Official California Legislative Information. Retrieved August 15, 2014.
^ Jump up to: a b McGreevy, Patrick (November 8, 2016). "California Voters Approve Gun Control Measure Proposition 63". Los Angeles Times. Retrieved November 10, 2016.
Jump up ^ https://law.justia.com/codes/california/2011/pen/part-6/32310-32390/32310/
Jump up ^ https://law.justia.com/codes/california/2017/code-pen/part-6/title-4/division-10/chapter-5/article-1/section-32310/
Jump up ^ Federal judge blocks California ban on "large-capacity" gun magazines, Reuters, June 30, 2017
Jump up ^ Liptak, Adam (2016-06-26). "Supreme Court Turns Down Case on Carrying Guns in Public"". Retrieved 2017-06-27.
Jump up ^ Ruling on Peruta v. San Diego, 9th Circuit U.S. Court of Appeals, June 9, 2016
Jump up ^ "Silvester v. Harris, CASE NO. 1:11-CV-2137 AWI SAB" (PDF). US District Court, Eastern District of California. Retrieved March 21, 2015.
Jump up ^ "Court OKs application of California gun waiting period"". Retrieved June 15, 2017.
Jump up ^ "Jeff Silvester v. Attorney General Xavier Becerra (10-day waiting period lawsuit)"". Retrieved February 20, 2018.
Jump up ^ "California Government Code 53071". Retrieved February 21, 2017.
Jump up ^ Egelko, Bob (January 10, 2008). "Municipalities Can't Ban People from Owning Handguns, Court Rules". San Francisco Chronicle. Retrieved November 23, 2011.
Jump up ^ Phoenix Tso, Reuters (July 28, 2015). "Los Angeles just passed a major gun control law". BusinessInsider. Retrieved March 27, 2016.
Jump up ^ Carlos Granda and ABC7.com staff (October 27, 2015). "LA City Council Passes Tougher Gun Storage Laws". KABC. Retrieved March 27, 2016.
Jump up ^ Adam o’Neal (March 25, 2016). "Gun-Shop Owners Run Into a Regulatory Silencer" (PDF). Wall Street Journal. Retrieved March 27, 2016.
Jump up ^ "California Department of Justice – California Firearms Laws" (PDF). Retrieved November 23, 2011.
Jump up ^ "Bureau of Firearms – Handgun Safety Certificate Program". Ag.ca.gov. January 1, 2003. Retrieved November 23, 2011.
Jump up ^ "Bureau of Firearms – Handgun Safety Certificate Program – Frequently Asked Questions". Ag.ca.gov. January 1, 2003. Retrieved November 23, 2011.
Jump up ^ "Firearm Safety Certificate Program". oag.ca.gov. January 2015. Retrieved December 5, 2015.
Jump up ^ http://www.gunlaw.com/gun-law-articles/7-californians-and-out-of-state-gun-shows.html CALIFORNIANS AND OUT OF STATE GUN SHOWS, Law Offices of Bruce Colodny, Retrieved Apr 11, 2016.
Jump up ^ Roe, Glen Meek, Bill (December 8, 2015). "War of words erupts over Governor's gun comments".
Jump up ^ "California Department of Justice, Bureau of Firearms – Roster of Handguns Certified for Sale". Certguns.doj.ca.gov. January 1, 2001. Retrieved November 23, 2011.
Jump up ^ Egelko, Bob (May 18, 2013). "Gun Control: Cartridge ID Law to Take Effect", San Francisco Chronicle. Retrieved January 26, 2014.
Jump up ^ Chiaramonte, Perry (January 26, 2014). "Gun Flight: Smith & Wesson, Ruger Quit California over Stamping Requirement", Fox News. Retrieved January 26, 2014.
Jump up ^ Harris, Kamala D. (May 17, 2013). "Information Bulletin: Certification of Microstamping Technology", Office of the Attorney General. Retrieved January 26, 2014.
Jump up ^ "National Shooting Sports Foundation v. State of California". Justia US Law. Retrieved 6 December 2016.
Jump up ^ "California Department of Justice, Bureau of Firearms main page". Ag.ca.gov. Retrieved November 23, 2011.
Jump up ^ "Bureau of Firearms – Current and Proposed Regulations". Ag.ca.gov. Retrieved November 23, 2011.
Jump up ^ "California Concealed Carry". California Concealed Carry. Retrieved November 23, 2011.
Jump up ^ "California Concealed Carry Permit Information on". Usacarry.com. Retrieved November 23, 2011.
Jump up ^ "CaliforniaConcealedCarry.com". CaliforniaConcealedCarry.com. Retrieved November 23, 2011.
Jump up ^ "California Department of Justice - STANDARD APPLICATION FOR LICENSE TO CARRY A CONCEALED WEAPON (CCW)". Best-gun-safe-reviews.com. April 1, 2014. Retrieved February 18, 2015.
Jump up ^ Reciprocity Archived December 15, 2011, at the Wayback Machine.
Jump up ^ "Concealed Carry Permit Reciprocity Maps". USA Carry.
Jump up ^ [Concealed Carry Permit Holders Across the United States, Crime Prevention Research Center, July 9, 2014]
^ Jump up to: a b "Bureau of Firearms | State of California - Department of Justice - Kamala D. Harris Attorney General". Caag.state.ca.us. Retrieved February 18, 2015.
Jump up ^ "Concealed Weapon Permits (CCW) in California".
Jump up ^ "California Counties".
Jump up ^ "Home - madduxlaw". madduxlaw.
Jump up ^ https://www.alamedacountysheriff.org/forms/ACSO%20CCW%20Policy.pdf
Jump up ^ "Sheriff Lee Baca and the Gun-Gift Connection".
Jump up ^ [1] Archived August 28, 2008, at the Wayback Machine.
Jump up ^ "California Concealed Weapon (CCW) Forum". Calccw.com. Retrieved February 18, 2015.
Jump up ^ Dolan, Maura, and Perry, Tony (February 13, 2014). "Court Overturns Restrictions on Concealed Guns in Much of California", Los Angeles Times. Retrieved February 14, 2014.
Jump up ^ "San Diego Sheriff's Decision Regarding Ninth Circuit's Opinion on CCWs". Retrieved February 22, 2014.
Jump up ^ "MILLER: California attorney general tries to overturn gun carry ruling in 9th Circuit". Washington Times. February 27, 2014. Retrieved February 18, 2015.
Jump up ^ "Attorney General Kamala D. Harris Appeals Ninth Circuit Concealed Weapons Permit Ruling | State of California - Department of Justice - Kamala D. Harris Attorney General". Oag.ca.gov. February 27, 2014. Retrieved February 18, 2015.
Jump up ^ "California Attorney General Appeals Judge's Ruling On San Diego County's Gun Rules". KPBS. Retrieved February 18, 2015.
Jump up ^ Karen GulloJoel Rosenblatt (November 12, 2014). "California Loses Bid to Revisit Ruling Striking Gun Rules - Bloomberg Business". Bloomberg.com. Retrieved February 18, 2015.
Jump up ^ United States Court of Appeals for the Ninth Circuit (March 26, 2015). "Order" (PDF). Retrieved April 11, 2015.
Jump up ^ United States Court of Appeals for the Ninth Circuit (June 16, 2015). "10-56971 Edward Peruta v. County of San Diego". YouTube. Retrieved March 27, 2016.
Jump up ^ http://cdn.ca9.uscourts.gov/datastore/general/2016/06/09/10-56971%206-9%20EB%20opinion%20plus%20webcites.pdf
Jump up ^ Peruta v. California , 582 U.S. _____ (S.Ct. 2017-06-26).
Jump up ^ "Bureau of Firearms | State of California - Department of Justice - Kamala D. Harris Attorney General". Caag.state.ca.us. Retrieved February 18, 2015.
Jump up ^ McGreevy, Patrick and Riccardi, Nicholas (October 10, 2011). "Brown Bans Open Carrying of Handguns", Los Angeles Times. Retrieved December 9, 2011.
Jump up ^ "2001 New and Amended California Firearms Legislation | State of California - Department of Justice - Kamala D. Harris Attorney General". Ag.ca.gov. Retrieved February 18, 2015.
Jump up ^ "NRA/ILA Firearms Laws for California" (PDF). Retrieved November 23, 2011.
Jump up ^ "Archived". Calgunlaws.com. November 29, 1999. Archived from the original on March 13, 2012. Retrieved November 23, 2011. CS1 maint: BOT: original-url status unknown (link)
Jump up ^ "State Restrictions on Magazines, Chemical Sprays and Stun Guns" (PDF). www.handgunlaw.us. Handgunlaw.us. Retrieved February 27, 2015.
Jump up ^ "'Bullet Button' Used to Get Around California Gun Laws", CBS San Francisco, May 1, 2012. Retrieved December 7, 2015.
Jump up ^ "California Law Enforcement Unclear On Legality Of 'Bullet Button'", CBS San Francisco, June 21, 2012. Retrieved December 7, 2015.
Jump up ^ "FBI Will Investigate San Bernardino Shootings as Terrorist Act".
Jump up ^ Times, Los Angeles. "Alleged buyer of guns used in San Bernardino shooting may face several charges".
Jump up ^ Melendez, Lyanne (December 4, 2015). "Controversial legal assault rifle used in San Bernardino shooting". ABC7 News. Retrieved 7 December 2015.
Jump up ^ Jones, Ashby; Frosch, Dan (December 3, 2015). "Rifles Used in San Bernardino Shooting Illegal Under State Law: Weapons were legally purchased with magazine locking devices but altered to make them more powerful, ATF finds". The Wall Street Journal.
Jump up ^ "Why California's Strict Gun Laws Didn't Matter In San Bernardino". The Huffington Post.
Jump up ^ Legislative Analyst (28 March 2016). "Bill Analysis. SB 880 (Hall) - Firearms: assault weapons". California Legislative Information. State of California. Retrieved 12 January 2017.
Jump up ^ "Senate Bill No. 880, An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms". California Legislative Information. State of California. 1 July 2016. Retrieved 12 January 2017.
Jump up ^ "You Can Already Buy a Kit to Circumvent California's Brand-New 'Assault Weapon' Law". Reason.com. 2016-07-07. Retrieved 2017-01-12.
Jump up ^ BULLET BUTTON (2016-07-01), Patriot Mag Release (BB Reloaded) - BULLET BUTTON, retrieved 2017-01-12
Jump up ^ [2] Archived February 25, 2009, at the Wayback Machine.
Jump up ^ "Kasler v. Lockyer (2000)". Justia Law.
Jump up ^ "Harrott v. County of Kings, California Supreme Court (2001)" (PDF). Rkba.org. Retrieved February 18, 2015.
Jump up ^ "California Code of Regulations, Title 11, Division 1, Chapter 12.9: Assault Weapons Identification hosted by Conceal Carry HQ" (PDF). Concealcarryhq.net. Retrieved February 18, 2015.
Jump up ^ http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/propregs.pdf
Jump up ^ calgunlaws.com Archived April 14, 2008, at the Wayback Machine.
Jump up ^ Egelko, Bob. "Municipalities Can't Ban People from Owning Handguns, Court Rules", San Francisco Chronicle, January 10, 2008
Jump up ^ Zahniser, David (May 4, 2013). "L.A. to draft law banning possession of large-capacity gun magazines". The Los Angeles Times.
Jump up ^ Jones, Carolyn (November 6, 2013). "NRA vows to fight Sunnyvale's tough new gun law". San Francisco Chronicle. Retrieved December 16, 2013.
Jump up ^ Michel, C.D. (December 2013). "Legal Front Lines: Bloomberg pushes his agenda locally in California. Sunnyvale voters approve anti-gun Measure C - Lawsuit imminent". The Firing Line (1008): 5.
Jump up ^ Staff. "California: Lawsuit Filed Challenging Sunnyvale Ban on Possession of Standard Capacity Firearm Magazines". nraila.org. Retrieved December 18, 2013.
Jump up ^ "Bright-colored air gun bill passes state Assembly". Archived from the original on September 5, 2014.
Jump up ^ Abbott, Lori. "Gun Control Bill Passes State Senate". Publicnewsservice.org.
Jump up ^ "Bill Text - SB-869 Firearms: securing handguns in vehicles". leginfo.legislature.ca.gov. Retrieved 2016-10-26.
Jump up ^ Siders, David (July 1, 2016). "How Jerry Brown Acted on Sweeping Gun Control Bills". Sacramento Bee. Retrieved November 23, 2016.
Jump up ^ White, Jeremy B. (July 8, 2016). "What California's New Gun Laws Mean for Hunters, Target Shooters". Sacramento Bee. Retrieved November 23, 2016.
Jump up ^ "California Approved Proposition 63, Gun Rights Groups Ready to Take Action". Bearing Arms. 2016-11-11. Retrieved 2016-12-01.
Jump up ^ Foley, Ryan J.; Thompson, Don (February 19, 2018). "California Among 5 States with 'Red Flag' Gun Law". The Press Democrat. Retrieved February 28, 2018.
Jump up ^ White, Jeremy B. (December 22, 2015). "California Gun Restraining Orders Seek to Balance Public Safety, Ownership Rights". The Sacramento Bee. Retrieved February 28, 2018.
External links[edit]
CA Penal Codes, Section 6 "Control of Deadly Weapons"
CalGuns.net
California DOJ Bureau of Firearms Page
California DOJ
California Firearms Laws Summary Booklet
Legal Community Against Violence – California State Law Summary
The CalGuns Foundation
CalGuns Foundation Wiki
[hide]
v
t
e
Gun laws in the United States by state
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
District of Columbia
American Samoa
Guam
Northern Mariana Islands
Puerto Rico
U.S. Virgin Islands
Retrieved from "https://en.wikipedia.org/w/index.php?title=Gun_laws_in_California&oldid=842346498"
Categories:
California law
United States gun laws by state
Hidden categories:
All articles with dead external links
Articles with dead external links from February 2018
Webarchive template wayback links
CS1 maint: BOT: original-url status unknown
Use mdy dates from March 2015
All articles with failed verification
Articles with failed verification from June 2016
All articles with unsourced statements
Articles with unsourced statements from December 2013
Articles with unsourced statements from May 2014
Articles with unsourced statements from September 2017
Articles containing potentially dated statements from 2011
All articles containing potentially dated statements
Navigation menu
Personal tools
Not logged in
Talk
Contributions
Create account
Log in
Namespaces
Article
Talk
Variants
Views
Read
Edit
View history
More
Search
Navigation
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
Languages
Add links
This page was last edited on 21 May 2018, at 21:21.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policy
About Wikipedia
Disclaimers
Contact Wikipedia
Developers
Cookie statement
Mobile view
Enable previews

key: html

type: local

value: div

attrs: id class

values: mw-page-base noprint

values: mw-head-base noprint

value: a

attrs: id class lang

values: firstHeading firstHeading en

values: siteSub noprint

values: jump-to-nav mw-jump

attrs: alt src width height class srcset data-file-width data-file-height

attrs: href class

attrs: href class title

attrs: class style

value: b

attrs: href title

value: sup

value: p

values: The material near this tag failed verification of its source citation(s). (June 2016)

values:
/wiki/California_Supreme_Court
mw-redirect
California Supreme Court

values:
/wiki/McDonald_v._Chicago
mw-redirect
McDonald v. Chicago

values: Second Amendment to the United States Constitution

values:
/wiki/Assault_weapons
mw-redirect
Assault weapons

values: Edit section: State Constitutional Provisions

values: Edit section: Roster of handguns certified for sale

values:
/wiki/Firearm_microstamping
mw-redirect
Firearm microstamping

values:
nofollow
external text
http://www.baggss.us

values: Fourteenth Amendment to the United States Constitution

values: This claim needs references to reliable sources. (December 2013)

values:
noprint Inline-Template Template-Fact
white-space:nowrap;

values:
/wiki/Peruta_v._San_Diego
mw-redirect
Peruta v. San Diego

values:
/wiki/U.S._v._Lopez
mw-redirect
U.S. v. Lopez

values:
/wiki/Commerce_clause
mw-redirect
Commerce clause

values: Edit section: Traveling into California for purposes of competition

values: This claim needs references to reliable sources. (May 2014)

values: Edit section: Assault Weapons Control Act of 1989

values: This claim needs references to reliable sources. (September 2017)

values: Edit section: Bullet button and refined definition of a "fixed magazine"

values:
/wiki/2015_San_Bernardino_shooting
mw-redirect
2015 San Bernardino shooting

values: plainlinks noexcerpt noprint asof-tag update

values: Edit section: Nonresidents transporting assault weapons through California

values: Harrott v. County of Kings (page does not exist)

values:
/wiki/Proposition_H
mw-redirect
Proposition H

values:
/wiki/Grandfather_Clause
mw-redirect
Grandfather Clause

values: James Warren (judge) (page does not exist)

values:
/wiki/New_York_State
mw-redirect
New York State

values:
nofollow
http://ag.ca.gov/firearms/
external text

values:
nofollow
http://certguns.doj.ca.gov/
external text

values: United States District Court for the Eastern District of California

values:
nofollow
external text
http://ag.ca.gov/firearms/hscinfo.php

values:
nofollow
external text
http://ag.ca.gov/firearms/hscfaqs.php

values:
nofollow
external text
https://oag.ca.gov/firearms/fscinfo

values:
nofollow
http://ag.ca.gov/firearms/regs/
external text

values:
nofollow
http://www.newlegalaid.com/
external text

values:
nofollow
external text
http://www.calccw.com

values:
nofollow
external text
http://ag.ca.gov/firearms/2001bills.php

values: Category:CS1 maint: BOT: original-url status unknown

values: -moz-column-width: 30em; -webkit-column-width: 30em; column-width: 30em; list-style-type: decimal;

values:
nofollow
http://ag.ca.gov/
external text

values:
nofollow
http://calgunsfoundation.org/
external text

values: Template:Gun laws in the United States by state

values: Template talk:Gun laws in the United States by state

values: Gun laws in the Northern Mariana Islands

values: Gun laws in the United States Virgin Islands

values: nowraplinks collapsible uncollapsed navbox-inner

values: Category:United States gun laws by state

values: Category:All articles with dead external links

values: Category:Articles with dead external links from February 2018

values: Category:Webarchive template wayback links

values: Category:All articles with failed verification

values: Category:Articles with failed verification from June 2016

values: Category:All articles with unsourced statements

values: Category:Articles with unsourced statements from December 2013

values: Category:Articles with unsourced statements from May 2014

values: Category:Articles with unsourced statements from September 2017

values: Category:Articles containing potentially dated statements from 2011

values: Category:All articles containing potentially dated statements

values: Discussion about edits from this IP address [ctrl-alt-n]

values: A list of edits made from this IP address [ctrl-alt-y]

values: You are encouraged to create an account and log in; however, it is not mandatory

values: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

values:
/wiki/Gun_laws_in_California
View the content page [ctrl-alt-c]
c

values: Discussion about the content page [ctrl-alt-t]

values: p-namespaces navigation vectorTabs p-namespaces-label

values:
p-variants
navigation
vectorMenu emptyPortlet
p-variants-label

values: Past revisions of this page [ctrl-alt-h]

values: p-views navigation vectorTabs p-views-label

values:
p-cactions
navigation
vectorMenu emptyPortlet
p-cactions-label

values:
mw-wiki-logo
/wiki/Main_Page
Visit the main page

values:
/wiki/Main_Page
Visit the main page [ctrl-alt-z]
z

values: Featured content – the best of Wikipedia

values: Find background information on current events

values:
/wiki/Special:Random
Load a random article [ctrl-alt-x]
x

values: portal navigation p-navigation p-navigation-label

values: Guidance on how to use and edit Wikipedia

values: About the project, what you can do, where to find things

values: A list of recent changes in the wiki [ctrl-alt-r]

values: portal navigation p-interaction p-interaction-label

values: List of all English Wikipedia pages containing links to this page [ctrl-alt-j]

values: Recent changes in pages linked from this page [ctrl-alt-k]

values:
/wiki/Wikipedia:File_Upload_Wizard
Upload files [ctrl-alt-u]
u

values: A list of all special pages [ctrl-alt-q]

values: Permanent link to this revision of the page

values: Link to connected data repository item [ctrl-alt-g]

values: Printable version of this page [ctrl-alt-p]

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Gun_laws_in_California rootpage-Gun_laws_in_California skin-vector action-view