Navigating California Gun Laws: FAQs and Answers

California has some of the strictest firearms laws in the United States. Whether you’re a first-time gun owner, transferring a firearm, or simply curious about your rights and responsibilities, understanding California’s gun laws is critical. As a criminal defense attorney, I’ve seen many cases where people make avoidable legal mistakes simply because they weren’t aware of the intricacies of state law.

Here are the most frequently asked questions about California gun laws — and expert answers to help you stay compliant and informed.

1. Who is prohibited from possessing firearms in California?

Certain individuals are legally prohibited from owning or possessing firearms. Key disqualifications include:

• Individuals convicted of a felony or serious violent offense.

• Persons addicted to narcotics or with certain substance abuse issues.

• Individuals with specific misdemeanor convictions involving violence or firearms.

• Persons with certain mental health disqualifiers.

Violating these prohibitions can result in felony charges and severe penalties, so it’s crucial to ensure eligibility before acquiring or possessing a firearm.

2. What counts as a “firearm” under California law?

California’s definition of a firearm is broad and includes more than just handguns. Legally, a firearm is any device designed to expel a projectile through a barrel using force, such as:

• Handguns (pistols and revolvers)

• Rifles and shotguns, including short-barreled variants

• Firearm frames or receivers, which are treated as firearms themselves

Even incomplete or disassembled firearms can fall under the law, so caution is necessary when handling parts.

3. How can someone legally buy or transfer a firearm in California?

Acquiring a firearm legally in California requires several steps:

1. Licensed Dealer: All firearm sales must go through a licensed dealer.

2. Background Check and Waiting Period: Every purchase requires a background check, and there is a mandatory 10-day waiting period before transfer.

3. Firearm Safety Certificate: Buyers must possess a valid Firearm Safety Certificate (FSC), which demonstrates knowledge of firearm safety and laws.

4. Proof of Residency: Buyers must provide proof of California residency.

5. Transfer Regulations: Even private-party transfers generally must go through a licensed dealer. Selling or transferring a firearm without proper licensing can lead to criminal charges.

Following these steps carefully is essential to avoid potential legal consequences.

4. Are there age restrictions for buying guns?

Yes. California law requires individuals to be at least 21 years old to purchase any firearm. Exceptions are extremely limited, so age verification is a critical part of the legal process.

5. What are the rules about carrying a firearm?

Carrying firearms in California is tightly regulated:

• Concealed Carry: A valid Concealed Carry Weapon (CCW) license is required to carry a concealed firearm in public.

• Public Carry and Vehicles: Carrying a loaded firearm in public or in a vehicle without authorization is illegal.

• Open Carry: Open carry of loaded firearms is generally prohibited in most public spaces.

Violating these rules can result in misdemeanor or felony charges depending on the circumstances.

6. What constitutes an “assault weapon” in California?

California defines assault weapons through specific categories:

1. Certain firearms listed explicitly in state law.

2. Firearms modeled after AK- or AR-style rifles.

3. Firearms with specific features such as detachable magazines, folding stocks, or other characteristics.

Possession, sale, or manufacture of assault weapons is prohibited except under limited circumstances. California also regulates unserialized or “ghost” gun parts, which must comply with serialization and registration requirements.

7. Are there limits on magazine capacity?

Yes. It is generally illegal to buy, import, or possess magazines that hold more than ten rounds. There are limited exceptions for magazines lawfully owned prior to certain cutoff dates, but it’s important to be aware of these rules to avoid legal violations.

8. What are “red flag” laws or restraining orders?

California has Gun Violence Restraining Orders (GVROs), also known as “red flag” laws. These allow family members, employers, or law enforcement to petition a court to temporarily restrict someone’s access to firearms if they are deemed a risk. Violating a GVRO can lead to criminal and civil penalties.

9. Transporting firearms in California

When transporting firearms, California law requires:

• Handguns in vehicles must be unloaded and locked in a container or the trunk.

• Ammunition should generally be kept separate from firearms.

• Local ordinances may impose stricter requirements, so checking city or county laws is recommended.

Following these rules carefully is critical to avoid criminal liability.

10. Penalties for illegal possession or transfer

California imposes strict penalties for violations:

• Possessing a firearm while prohibited can result in felony charges.

• Carrying a loaded firearm illegally can result in misdemeanor or felony charges.

• Unlicensed sales or transfers can result in jail time and fines per firearm.

• Illegal possession of assault weapons carries severe criminal consequences.

These penalties highlight the importance of compliance and legal guidance.

11. What should new residents do if bringing firearms into California?

New residents moving to California with firearms must:

• Submit a New Resident Report of Firearm Ownership within 60 days.

• Ensure any unserialized firearms or parts comply with state serialization requirements.

• Verify compliance with local firearm regulations.

Failure to follow these steps can result in legal violations.

12. Recent changes to California gun laws

California gun laws continue to evolve. Recent changes include:

• Serialization requirements for unserialized firearms or parts.

• Restrictions on magazine capacity and assault weapon regulations.

• Implementation of additional excise taxes on firearms and ammunition.

Staying informed is critical, as laws are subject to change through legislation and court rulings.

13. What to do if charged with a gun crime

If you face criminal charges related to firearms:

1. Contact a criminal defense attorney immediately.

2. Preserve all evidence and documentation such as receipts, records of sales, and safety certificates.

3. Understand your rights, including the right to remain silent and the right to legal counsel.

4. Explore all legal defenses, including challenging procedural errors or eligibility requirements.

Swift action and proper legal guidance can significantly impact the outcome of a case.

Key Takeaways

• California has some of the strictest gun laws in the U.S., covering purchase, ownership, transfer, and transportation.

• Even legally owned firearms can result in criminal liability if handled improperly.

• Staying informed about current laws and potential legal changes is essential.

• Legal guidance is critical if you face questions or charges involving firearms.

Call to Action:

If you have questions about California gun laws or are facing firearms-related legal issues, Southwest Legal can provide experienced criminal defense representation. Our team understands the complexities of California firearm regulations and can help protect your rights. Contact us today for a free, consultation and ensure your legal rights are fully defended.