Overview of Key California Firearms Laws

Below is general information regarding key California laws that govern common possession and use of firearms by persons other than law enforcement officers or members of the armed forces. This is not an exhaustive list of all California firearms laws and does not include federal firearms laws. It is not designed to provide individual guidance for specific situations. The legality of any specific act of possession or use will ultimately be determined by applicable federal and state statutory and case law. Persons having specific questions are encouraged to seek legal advice from an attorney, or consult their local law enforcement agency, local prosecutor, or law library. The California Department of Justice (DOJ) and all other public entities are immune from any liability arising from the drafting, publication, dissemination, or reliance upon this information.

A more comprehensive listing of California firearms laws is available through, DOJ’s annual California Firearm Laws Summary.

PROHIBITIONS AND ELIGIBILITY TO POSSESS A FIREARM

Who is prohibited from possessing firearms?

The following persons are prohibited from possessing firearms under California law (Pen. Code, §§ 29800-29825, 29900; Welf. & Inst. Code, §§ 8100, 8103). Note that the information below does not include firearm prohibitions under federal law (18 U.S.C. § 922(g)(1)-(11)):

• Lifetime Prohibitions
  Any persons who have been:
  • Convicted of a felony or any violent offense including murder, mayhem, rape, attempted murder, arson, robbery, kidnapping, or any other violent felony enumerated in Penal Code section 29905.
  • Convicted of an offense including a misdemeanor violation involving assault upon a person with a firearm, or machinegun, or an outstanding warrant for a misdemeanor offense or any other offense enumerated in Penal Code sections 23515, 29800, and 29805.
  • Convicted of inflicting corporal injury on a spouse or significant other (Pen. Code § 273.5) after January 1, 2019 who subsequently owns, purchases, receives or has in possession or under custody or control any firearm. (Penal Code section 29805)
  • Convicted two or more times for drawing or exhibiting any firearm, loaded or unloaded, in a rude, angry, or threatening manner, or unlawfully using a firearm in any fight or quarrel in the presence of another person except in self-defense violating Penal Code section 417, subdivision (a)(2).
  • Adjudicated to be a danger to others as a result of a mental disorder, or a mentally disordered sex offender. (Welf. & Inst. Code, § 8103, subd. (a)(1).)
  • Found by a court to be mentally incompetent to stand trial or not guilty by reason of insanity of any crime, unless the court has made a finding of restoration of competence or sanity. (Welf. & Inst. Code, § 8103, subds. (b)(1), (c)(1), and (d)(1).)


• 10-Year Prohibitions
  Any person convicted of, or has an outstanding warrant for, a misdemeanor violation of the following: Penal Code sections 71, 76, 136.1, 136.5, 140, 148 subdivision (d), 148.5 subdivision (f), 171b, 171c subdivision (a) paragraph (1), 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510 , 25300, 25800, 26100 subdivision (b) or (d), 27510, 27590 subdivision (c), 30315, or 32625; and Welfare and Institutions Code sections 871.5, 1001.5, 8100, 8101, or 8103.


• 5-Year Prohibitions
  Any persons:
  • Taken into custody as a danger to self or others, assessed, and admitted to a mental health facility under Welfare and Institutions Code sections 5150, 5151, 5152; or certified under Welfare and Institutions Code sections 5250, 5260, 5270.15. Persons certified under Welfare and Institutions Code sections 5250, 5260, or 5270.15 may be subject to a lifetime prohibition pursuant to federal law. (Welf. & Inst. Code, §§ 8100 and 8103.)
  • Any person who communicates a threat (against any reasonably identifiable victim) to a licensed psychotherapist which is subsequently reported to law enforcement. (Welf. & Inst. Code, § 8100, subd. (b).)
  • Who owns/possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a gun violence restraining order, is guilty of a misdemeanor. (Pen. Code, § 18205.)


• Juvenile Prohibitions
  Juveniles adjudged wards of the juvenile court are prohibited until they reach age 30 if they committed an offense listed in Welfare and Institutions Code section 707, subdivision (b). (Pen. Code, § 29820.)


• Miscellaneous Prohibitions
  Any persons:
  • Denied firearm possession as a condition of probation pursuant to Penal Code section 29900, subdivision (c).
  • Who is voluntary patient in a mental health facility or under a gravely disabled conservatorship (due to a mental disorder or impairment by chronic alcoholism) and if he or she is found to be a danger to self or others. (Welf. & Inst. Code, § 8103, subd. (e).)
  • Addicted to the use of narcotics. (Pen. Code, § 29800, subd. (a).)
  • Subject to a protective order as defined in Family Code section 6218, Penal Code sections 136.2 or 646.91, Welfare and Institutions Code section 15657.03 or a temporary restraining order issued pursuant to Code of Civil Procedure sections 527.6, 527.8, or 527.85. (Pen. Code, § 29825.)
  • For any person who is the subject of an outstanding warrant (felony or specified misdemeanor), only if the person has knowledge of the warrant, then they are prohibited from owning or possessing a firearm. (Pen. Code, §§ 29800 and 29805.)

What are the laws regarding minors’ possession or ownership of a handgun?

It is unlawful for a minor to possess a handgun unless one of the following circumstances exist:

• The minor is accompanied by his or her parent or legal guardian and the minor is actively engaged in a lawful recreational sporting, ranching, or hunting activity, or a motion picture, television, or other entertainment event;
• The minor is accompanied by a responsible adult and has prior written consent of his or her parent or legal guardian and is involved in one of the activities cited above; or
• The minor is at least 16 years of age, has prior written consent of his or her parent or legal guardian, and the minor is involved in one of the activities cited above. (Pen. Code, §§ 29610, 29615.)

How can I find out if I am eligible to possess a firearm?

Any person may obtain from the DOJ a determination as to whether he or she is eligible to possess firearms (review of California records only). The Personal Firearms Eligibility Check application form (BOF 116) and instructions are on the DOJ forms webpage. The cost for this eligibility check is $20. (Pen. Code, § 30105.)

SALES AND TRANSFERS OF FIREARMS

Who may sell firearms?

In California, only licensed California firearm dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearm dealer must submit to the DOJ.

What is the waiting period in California?

There is a mandatory 10-day waiting period before the firearms dealer can deliver the firearm to the purchaser. During this 10-day waiting period, the DOJ conducts a firearm eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm.

Are there age restrictions for gun sales?

Generally, it is illegal to sell, loan or transfer any firearm to a person under 21 years of age. (Pen. Code, §§ 27505 and 27510.)

As of January 1, 2020, you must be at least 21 years of age to purchase a semiautomatic centerfire rifle (unless you have a law enforcement or military exemption). Additionally, purchasers must be California residents with a valid driver license or identification card issued by the California Department of Motor Vehicles.

Are there are restrictions for minors’ possession of live ammunition?

It is unlawful for a minor to possess live ammunition unless one of the following circumstances exist:

• The minor has the written consent of a parent or legal guardian to possess live ammunition;
• The minor is accompanied by a parent or legal guardian; or
• The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, competitive shooting, or agricultural, ranching, or hunting activity. (Pen. Code, §§ 29650, 29655.)

How can I transfer a firearm to another person?

It is illegal for any person who is not a California licensed firearm dealer to sell or transfer a firearm to another non-licensed person (a private party) unless the sale or transfer is completed through a licensed California firearm dealer. A “Private Party Transfer” (PPT) can be conducted at any licensed California firearm dealer. The buyer and seller must complete the required DROS document in person at the licensed firearms dealer and deliver the firearm to the dealer who will retain possession of the firearm during the mandatory 10-day waiting period. In addition to the applicable state fees, the firearm dealer may charge a fee not to exceed $10 per firearm for conducting the PPT (Pen. Code § 28050.)

The infrequent transfer of firearms between immediate family members is exempt from the law requiring PPTs to be conducted through a licensed firearm dealer. For purposes of this exemption, “immediate family member” means parent and child, and grandparent and grandchild but does not include brothers or sisters. (Pen. Code, § 16720.) Prior to taking possession of the firearm the transferee must also comply with the Firearm Safety Certificate requirement described below. Within 30 days of the transfer, the transferee must also submit a report of the transaction to the DOJ by downloading the form, “Report of Operation of Law or Intra-Familial Firearm Transaction,” at the DOJ Firearms Forms and Publications page or completing and submitting the form electronically via the internet at cfars.doj.ca.gov.

The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

What is required to purchase or transfer a firearm?

Specific statutory requirements relating to sales and transfers of firearms are as follows:

• Proof of Residency
  To purchase a handgun in California, you must present documentation indicating that you are a California resident. Acceptable documentation includes a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within California. The address provided on the proof-of-residency document must match either the address on the DROS or the address on the purchaser’s California driver license or identification card. (Pen. Code, § 26845.)
• Firearm Safety Certificate
  To purchase or acquire a firearm, you must have a valid Firearm Safety Certificate (FSC). To obtain an FSC, you must score at least 75% on an objective written test pertaining to firearm laws and safety requirements. The test is administered by DOJ Certified Instructors, who are often located at firearm dealers. An FSC is valid for five years. You may be charged up to $25 for an FSC. Firearms being returned to their owners, such as pawn returns, are exempt from this requirement. In the event of a lost, stolen or destroyed FSC, the issuing DOJ Certified Instructor will issue a replacement FSC for a fee of $5. You must present proof of identity to receive a replacement FSC. (Pen. Code, §§ 31610-31670; Cal. Code Regs., tit. 11, § 4255.
• Safe Handling Demonstration
  Prior to taking possession of a firearm, you must successfully perform a safe handling demonstration with the firearm being purchased or acquired. Safe handling demonstrations must be performed in the presence of a DOJ Certified Instructor sometime between the date the DROS is submitted to the DOJ and the delivery of the firearm, and are generally performed at the firearm dealer. The purchaser and firearm dealer must sign an affidavit stating the safe handling demonstration was completed. The steps required to complete the safe handling demonstration can be found starting on page 12 of the Firearm Safety Certificate Study Guide, June 2020, on the DOJ Firearms Forms and Publications page. Pawn returns and intra-familial transfers are not subject to the safe handling demonstration requirement. (Pen. Code, § 26850.)
• Firearm Safety Device
  All firearms (long guns and handguns) purchased in California must be accompanied by a firearm safety device (FSD) that has passed required safety and functionality tests and is listed on the DOJ’s official roster of approved firearm safety devices. The current roster of certified FSDs is available on the DOJ website at https://oag.ca.gov/firearms/fsdcertlist. The FSD requirement can also be satisfied if the purchaser signs an affidavit declaring ownership of either a DOJ-approved lock box or a gun safe capable of accommodating the firearm being purchased, and presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe. Pawn returns and intra-familial transfers are not subject to the FSD requirement. (Pen. Code, §§ 23635-23690.)

Which handguns are legal for sale in California?

No handgun may be sold by a firearm dealer to the public unless it is of a make and model that has passed required safety and functionality tests and is listed on the DOJ’s official Roster of Handguns Certified for Sale in California. The current Roster of Handguns Certified for Sale in California is on the DOJ website at https://oag.ca.gov/firearms/certguns. PPTs, intra-familial transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement. (Pen. Code, § 32000 et. seq.)

Is there a limit to the number of guns I can purchase at any given time?

No person shall make an application to purchase more than one handgun or, one semiautomatic centerfire rifle within any 30-day period. Exemptions to the one-handgun-per-30-days limit include pawn returns, intra-familial transfers, and private party transfers. (Pen. Code, §§ 27535 and 27540.)

Handgun Sales and Transfer Requirements

Long Gun Sales and Transfer Requirements

SALES AND TRANSFERS OF AMMUNITION

What are the requirements for purchasing or transferring ammunition?

Persons seeking to purchase or transfer ammunition must undergo an eligibility check, and be approved by the DOJ prior to the sale or transfer of ammunition, except as otherwise specified. DOJ approval shall occur electronically through a licensed ammunition vendor. Pursuant to Penal Code sections 30352 and 30370, the DOJ will determine that a person is eligible to purchase or transfer ammunition if they meet one of the following requirements:

1. The person has a current Certificate of Eligibility issued by the DOJ
2. The person’s information matches an entry in the Automated Firearms System (name, date of birth, current address, and driver license or other government identification) and does not fall within a class of persons who are prohibited from owning or possessing ammunition. The DOJ shall make this determination by cross-referencing the Prohibited Armed Persons file (also known as the Armed and Prohibited Persons System).
3. The person is not prohibited from purchasing or possessing ammunition. The DOJ determines eligibility based on a comprehensive review of its records (similar to a firearm eligibility check). (Please note: this eligibility check requires a manual review of records by a DOJ analyst. As such, the DOJ may take longer to respond with a determination of eligibility. Response times may take several days.)
4. The person was approved by the DOJ to receive a firearm from the ammunition vendor, pursuant to Penal Code section 28220, if that vendor is a licensed firearm dealer, and the ammunition is delivered to the person in the same transaction as the firearm. In this scenario, the dealer will use the approved firearm eligibility check as the approval to purchase ammunition, and will submit the ammunition purchase to the DOJ during the delivery of the firearm. (Cal. Code Regs., tit. 11, §§ 4300-4309.)

PROHIBITED FIREARM TRANSFERS AND STRAW PURCHASES

What is a straw purchase?

A straw purchase is buying a firearm for someone who is prohibited by law from possessing a firearm, or buying a firearm for someone who does not want his or her name associated with the transaction.

It is a violation of California law for a person who is not licensed as a California firearm dealer to transfer a firearm to another unlicensed person, without conducting such a transfer through a licensed firearm dealer. (Pen. Code, § 27545.) Such a transfer may be punishable as a misdemeanor or a felony. (Pen. Code, § 27590.)

Things to Remember About Prohibited Firearm Transfers and Straw Purchases

• An illegal firearm purchase (straw purchase) is a federal crime.
• An illegal firearm purchase can bring a felony conviction sentence of 10 years in jail and/or a fine of up to $2,500.
• Buying a gun and giving it to someone who is prohibited from owning one is a state and federal crime.

REPORTING REQUIREMENTS FOR NEW CALIFORNIA RESIDENTS

New California residents must report their ownership of firearms to the DOJ or sell/transfer them in accordance with California law within 60 days of bringing the firearm into the state. Persons who want to keep their California-legal firearms must submit a “New Resident Report of Firearm Ownership” (BOF 4010A [Rev. 01/2020]), along with a $19 fee, to the DOJ. Forms are available at licensed firearm dealers, the Department of Motor Vehicles, or online at the DOJ website at https://oag.ca.gov/firearms/forms. Forms may also be completed and submitted electronically via the internet at https://CFARS.doj.ca.gov. (Pen. Code, § 27560.)

MISCELLANEOUS PROHIBITED ACTS

Can I remove identification marks from firearms?

Obliteration or Alteration of Firearm Identification
It is illegal for any person to obliterate or alter the identification marks placed on any firearm including the make, model, serial number, or any distinguishing mark lawfully assigned by the DOJ. (Pen. Code, § 23900.)

It is illegal for any person to buy, sell, or possess a firearm knowing its identification has been obliterated or altered. (Pen. Code, § 23920.)

Where are firearms prohibited without special authorization?

School Grounds
It is illegal for any unauthorized person to possess or bring a firearm upon the grounds of, or into, any public school, including the campuses of the University of California and California State University, California community colleges, any private school (kindergarten through 12th grade), or private university or college. (Pen. Code, § 626.9.)

Courtroom, the State Capitol, etc.
It is illegal for any unauthorized person to bring or possess any firearm within a courtroom, courthouse, court building, or at any meeting required to be open to the public. (Pen. Code, § 171b.)

State Capitol or Residences of State Elected Officials
It is illegal for any unauthorized person to bring or possess a loaded firearm within (including upon the grounds of) the State Capitol, any legislative office, any office of the Governor or other constitutional officer, any Senate or Assembly hearing room, the Governor’s Mansion or any other residence of the Governor, or the residence of any constitutional officer or any Member of the Legislature. For these purposes, a firearm shall be deemed loaded whenever both the firearm and its unexpended ammunition are in the immediate possession of the same person. (Pen. Code, §§ 171c, 171d, 171e.)

What acts are illegal when handling a firearm?

Drawing or Exhibiting a Firearm
If another person is present, it is illegal for any person, except in self-defense, to draw or exhibit a loaded or unloaded firearm in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in a fight or quarrel. (Pen. Code, § 417.)

Threatening Acts with a Firearm on a Public Street or Highway
It is illegal for any person to draw or exhibit a loaded or unloaded firearm in a threatening manner against an occupant of a motor vehicle which is on a public street or highway in such a way that would cause a reasonable person apprehension or fear of bodily harm. (Pen. Code, § 417.3.)

Discharge of a Firearm in a Grossly Negligent Manner
It is illegal for any person to willfully discharge a firearm in a grossly negligent manner which could result in injury or death to a person. (Pen. Code, § 246.3.)

Discharge of a Firearm at an Inhabited/Occupied Dwelling, Building, Vehicle, Aircraft
It is illegal for any person to maliciously and willfully discharge a firearm at an inhabited dwelling, house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, or inhabited camper. (Pen. Code, § 246.)

Discharge of a Firearm at an Unoccupied Aircraft, Motor Vehicle, or Uninhabited Building or Dwelling
It is illegal for any person to willfully and maliciously discharge a firearm at an unoccupied aircraft. It is illegal for any person to discharge a firearm at an unoccupied motor vehicle, building, or dwelling. This does not apply to an abandoned vehicle, an unoccupied motor vehicle, or uninhabited building or dwelling with permission of the owner and if otherwise lawful. (Pen. Code, § 247.)

Discharge of a Firearm from a Motor Vehicle
It is illegal for any person to willfully and maliciously discharge a firearm from a motor vehicle. A driver or owner of a vehicle who allows any person to discharge a firearm from the vehicle may be punished by up to three years imprisonment in state prison. (Pen. Code, § 26100.)

What are my obligations when storing a firearm?

Criminal Storage

• “Criminal storage of a firearm of the first degree” – Keeping any firearm (loaded or unloaded) within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or a prohibited person is likely to gain access to the firearm, or a child obtains access to the firearm and thereby causes death or great bodily injury to themselves or any other person. (Pen. Code, § 25100, subd. (a).)
• “Criminal storage of a firearm of the second degree” – Keeping any firearm (loaded or unloaded) within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or a prohibited person is likely to gain access to the firearm, or a child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of Penal Code section 417. (Pen. Code, § 25100, subd. (b).)
• “Criminal storage of a firearm in the third degree” – Keeping any firearm (loaded or unloaded) within any premises that are under your custody or control and negligently storing or leaving a firearm in a location where you know, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, unless reasonable action is taken by you to secure the firearm against access by the child. (Pen. Code, § 25100, subd. (c).)

These criminal storage offenses (first, second, or third degree) shall not apply whenever the firearm is kept in a locked container or locked with a locking device that has rendered the firearm inoperable. (Pen. Code, § 25105.)

It is unlawful for a minor to possess live ammunition unless one of the following circumstances exist:

• The minor has the written consent of a parent or legal guardian to possess live ammunition;
• The minor is accompanied by a parent or legal guardian; or
• The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, competitive shooting, or agricultural, ranching, or hunting activity. (Pen. Code, §§ 29650, 29655.)