Disclaimer: The information contained herein is being presented to the HuronValleyGuns.com website users only as reference material to assist in the making of informed purchasing decisions; however, it is not intended to constitute legal advice nor counsel in determining compliance of the purchaser's Federal, State and Local gun laws, regulations and restrictions. HuronValleyGuns.com has used reasonable effort in providing this information, from sources deemed reliable, but does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information contained herein, or linked to or from this website. The information provided here is presented as an overview to the myriad of laws, regulations and restrictions in selling to, and shipping into, the HuronValleyGuns.com customer's State, to be in compliance of that State's laws pertaining to restrictions of: firearms, dangerous weapons, ammunition, magazine round capacities, stun guns, Tasers, accessories, etc. Federal, State and Local gun laws are constantly changing, therefore, it is incumbent upon the purchaser to be thoroughly knowledgeable of the current status of Federal, State and Local gun laws governing their community, to assure that they are in compliance with those laws, regulations and restrictions.
|CALIFORNIA GUN LAWS - OVERVIEW|
Penal §§12020, 12021, 12071, 12072
6 Newly Enacted California Gun Bills (July 2016)
Types of Illegal Firearms
Possession, sale, transfer, or manufacture of the below firearms is illegal:
Waiting Period Before Purchase
Who May Not Own Guns
California prohibits several different categories of individuals from owning or possessing pistols:
Laws Prohibiting Firearms On or Near School Grounds
All firearms sales, transfers, including private transactions and sales at gun shows, must go through a California licensed firearms dealer.
An application for sale or transfer must be made with a licensed California gun dealer before any firearm may be sold or transferred. This application contains a description of the buyer or transferee and of the firearm. The purchaser must present the dealer with a valid California Driver’s License or a California Identification Card and supply their right thumbprint. The purchaser of a handgun must also provide additional proof of California residence, other than a document from the Department of Motor Vehicles. The dealer sends a copy of the application to the California Department of Justice and the local police chief or sheriff.
The CA DOJ will conduct a background check on each buyer and the fee is $25.00. There is a 10-day waiting period before delivery of any firearm. Dealers must keep a register of all firearm transfers. If a person has voluntarily been screened through the Personal Firearms Eligibility Check, and has been found eligible to purchase and possess firearms, that person must still undergo a background check and a 10-day waiting period.
If a person does not take possession of the firearm from the dealer within 30 days, the entire purchase process must be repeated, including the payment of fees.
The waiting period and dealer application do not apply to transfers to police officers, other gun dealers, manufacturers, or importers, antique firearms, and rifles and shotguns which are classified as curios or relics by the federal government, transfers to one’s “immediate family,” (parent, grandparent, child, or grandchild; and recipient must have a Handgun Safety Certificate (HSC)) an infrequent temporary loan not to exceed 30 days to a person who is not prohibited from possessing a firearm, and a transfer of a rifle or shotgun at auctions by nonprofit or public benefit corporations.
No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within a 30-day period and no delivery shall be made to any person who has made an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.
No person shall purchase or transfer a handgun to someone without the recipient possessing a HSC. To receive a Handgun Safety Certificate, a person must pass a written test that includes but is not limited to laws applicable to the ownership, use, handling, and carrying of firearms, particularly handguns. A CA DOJ certified instructor must administer the Handgun Safety Certificate test. The HSC is valid for 5 years.
To receive a handgun from a dealer, a person must have or buy an approved firearm safety device. A list of firearm safety devices certified for sale can be found on the California Department of Justice, Firearms Division website at www.ag.ca.gov/firearms
No person may receive a firearm from a dealer unless they demonstrate their ability to handle a handgun safely and can properly operate all safety features.
A gun dealer must post a sign advising “If you leave a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.”
It is unlawful for any person to transfer any firearm to a person who is forbidden to possess or own a firearm. A dealer may not transfer a handgun to a person under 21 or a long gun to a person under 18. It is unlawful to sell or furnish a BB device to any minor without the permission of their parent or guardian. It is unlawful for a person to sell ammunition or reloaded ammunition to a person under 18.
A firearm dealer may only offer for sale handgun models to the general public that have passed firing, safety, and drop tests and appear on the “Roster of Handguns Certified For Sale.” Semiautomatic pistols without a chamber load indicator or a magazine disconnect mechanism that do not pass the safety testing requirements will not be placed on the roster. All semiautomatic firearms on the roster must have both a chamber load indicator and a magazine disconnect mechanism. Private party transfers, curio/relic handguns, certain single action revolvers and pawn/consignment returns are exempt from this requirement. The roster can be found at the Department of Justice website.
|High-Capacity Magazines Restrictions|
|Stun Guns/Tasers Restrictions|
State Statute or Definition: (171b Legal, but restricted in government buildings and school grounds)
It is unlawful for anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity to own or possess any firearm. People with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction. A person who has been adjudged a ward of the juvenile court for certain offenses may not own or possess any firearm until age 30. A minor may not possess a handgun except with written permission or under the supervision of a parent or guardian.
Within 60 days of bringing a pistol, revolver or other firearm capable of being concealed upon the person into this state, the person importing the firearm must complete and return a Department of Justice registration form or sell or transfer the firearm to a licensed dealer, or transfer the gun to a sheriff or police department. Currently, registration of rifles and shotguns is not required. However, this law may soon change.
If any person seeks to know whether they can possess or purchase a firearm in California before a transfer is made, they may request a Personal Firearms Eligibility Check conducted by office of the Department of Justice.
A minor under 16 may not possess a handgun, unless they are accompanied by their parent or guardian while participating in a legal recreation activity involving firearms or has written permission to participate in such activities. A minor under 16 may not possess live ammunition except with the written permission or under the supervision of a parent or guardian, or while going to or from an organized lawful recreational or competitive shooting activity or lawful hunting activity.
Newly enacted bills signed into law (July 2016):
Assembly Bill 1695 - creates a 10-year firearm prohibition for someone convicted of falsely reporting a lost or stolen firearm.
Assembly Bill 1135 and Senate Bill 880 - reclassification of many semi-automatic rifles as “assault weapons.” This legislation also effectively outlaws magazine locking devices, more commonly known as “bullet buttons”.
Assembly Bill 1511 - the ability to loan a firearm to anyone other than a family member is now prohibited, unless conducted through a dealer, absent very narrow and limited exceptions. A simple loan to a trusted friend for a few days would take almost a month to complete from loan to return, requiring two background checks, two 10 day waiting periods, two fees and multiple trips to a gun dealer.
Senate Bill 1235 - creates a system of background checks and a database of people purchasing ammunition. Online ammunition sales to be conducted only through licensed vendors.
Senate Bill 1446 - bans the possession of ammunition feeding devices/magazines that are capable of holding more than 10 rounds.
|CARRYING AND TRANSPORTATION IN VEHICLES|
It is unlawful to carry a loaded rifle, shotgun, or handgun in any public place or on any public street in an incorporated area or an area where firing a firearm is prohibited. Furthermore the open carry of any handgun, loaded or unloaded in an incorporated area has now been banned.
In California, a firearm is considered loaded if unexpended ammunition capable of being used in the firearm is in a position from which it can be fired. The following persons and situations are exceptions:
Carrying a handgun concealed is prohibited without a license. The law has now changed to ban the open carry of handguns in incorporated areas, loaded or unloaded.
Carrying a handgun concealed within a vehicle is prohibited without a license. A handgun carried in a glove compartment or under the seat of a vehicle is considered to be concealed. A handgun placed in a locked in a container in the vehicle other than the utility or glove compartment or while in a locked container carried directly to or from a vehicle is deemed not to be “concealed.” A locked container means a fully enclosed secure container locked by a key lock or similar locking device.
Exceptions to this prohibition are: members of clubs organized for practice shooting while on any established target range; licensed hunters and fishermen while engaged in hunting or fishing and members of an antique or historical collector’s club while at a show.
|MACHINE GUNS AND OTHER FIREARMS|
A machine gun is defined as any firearm, which shoots, or is designed to shoot, automatically, more than one shot, without manual reloading, by single function of the trigger. The term also includes any conversion part, frame or receiver of a machine gun, or any firearm deemed as such by the federal government. Upon a showing of good cause, a permit for possession and/or transportation may be issued by the Department of Justice. It has been reported that the Department of Justice refuses to grant such permits.
Possession of other firearms and related items is unlawful and may be punished as either a misdemeanor or as a felony. This includes, but is not limited to:
The following are some of the exceptions:
It is unlawful to possess a destructive device, including tracer or incendiary ammunition or any firearm larger than .60 caliber which fires fixed ammunition, or any fixed ammunition for such firearm. Excluded are shotguns and shotgun ammunition.
|ASSAULT WEAPONS, .50 CALIBER BMG RIFLES AND MAGAZINES|
Newly passed California Senate Bill 880 and Assembly Bill 1135, taking effect 1/1/2017:
It is unlawful to offer for manufacture, sale, give or lend any “assault weapon” or .50 caliber BMG rifle. It is unlawful to possess an “assault weapon” or a .50 caliber BMG rifle unless it is properly registered with the state.
The registration period for “assault weapons” and .50 caliber BMG rifles has ended. If an individual has an unregistered” assault weapon” or .50 caliber BMG rifle after the registration period has ended, law enforcement would prefer that they turn the "assault weapon" in to law enforcement. Anyone with a registered “assault weapon” or .50 caliber BMG rifle wishing to legally dispose of the firearm can:
Any person inheriting a registered “assault weapon” or .50 caliber BMG rifle has 90 days to render the weapon permanently inoperable, sell to an approved firearms dealer, obtain a permit from the Department of Justice to possess firearms, or move the gun out of state. Pawning “assault weapons” and .50 caliber BMG rifles is not permitted.
California law defines “assault weapons” in two ways:
A further explanation of firearms considered “assault weapons” can be found on the Department of Justice website.
A person may lend a registered “assault weapon” or a .50 caliber BMG caliber rifle to another person who is:
Persons moving into California must comply with the provisions of the law before moving.
Unless otherwise specified, registered “assault weapons” may only be possessed:
It is unlawful for any person to manufacture, import, or offer for sale, give, or lend any ammunition magazine that can hold more than 10 rounds (not including .22 tube magazines). Exceptions include:
|ANTIQUES, CURIOSITIES AND REPLICAS (C&R)|
|Antique firearm means any firearm not designed or redesigned for using rim-fire or center-fire ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before 1898) and also any firearm manufactured in or before 1898 using fixed ammunition which is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade.|
No license or permit shall be required to possess keep, or carry a handgun openly or concealed in one’s home or place of business.
The state legislature also has expressed its intention to occupy the whole field of the sales and licensing of firearms, thus precluding cities and other localities from enacting firearms laws in those categories.
It is unlawful to set any spring or “trap” gun.
It is unlawful to change, alter or remove the serial number, maker’s name or other identifying mark from any firearm, unless one has secured the written permission of the Department of Justice. Possession of a firearm with altered identifying marks creates a legal presumption that the possessor committed the offense.
It is unlawful to possess a firearm on the grounds or in the buildings of any school without permission of the school authorities, within 1000 feet of a school zone unless the firearms are being lawfully transported, a courthouse, State Capitol building or grounds, any legislative office or the office or residence of the Governor, constitutional officer or member of the Legislature.
It is unlawful to possess, transport, or sell ammunition principally for use in a handgun, which is “designed primarily to penetrate metal or armor.”
It is unlawful to store a loaded firearm where the person knows or reasonably should know that a juvenile under 18 is likely to gain access to the firearm without the permission of the juvenile’s parent or legal guardian and the juvenile obtains access to the firearm and causes death or great bodily harm to self or any other person. This prohibition shall not apply if:
All manner of regulations pertaining to firearm registration or licensing is reserved to the state legislature.
§53071 Registration and Licensing of Firearms; exclusive regulation by legislature.
It is the intention of the legislature to occupy the whole field of regulation of registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to the registration of licensing of commercially manufactured firearms, by any political subdivision as defined in section 1721 of the Labor Code.
§53071.5 Manufacture, sale or possession of imitation firearms; exclusive regulation by legislature.
By the enforcement of this section, the Legislature occupies the regulation of manufacture, possession, or sale of imitation firearms, as defined in subdivision (a) of section 16700 of the Penal Code, and that subdivision shall preempt and be exclusive of all regulations related to the manufacture, sale, and possession of imitation firearms, including regulations governing the manufacture, sale, possession of BB devices or air-guns described in Section 16250 of the Penal Code.
§ 12026. Persons exempt; weapons at residence, place of business, or private property owned or possessed by citizen
(a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the application of Section 12031
The court upheld an ordinance regulating the location and operation of firearms dealers but struck down the portion of the ordinance regulating firearm storage. Suter v. City of Lafayette. 67 Cal. Rptr. 2d 420, 425 (Cal. Ct. App. 1997)
The court in Cal. Rifle and Pistol Association Inc. v. City of Hollywood, 78 Cal. Rptr. 591 (Cal. Ct. App. 1998) upheld an ordinance banning junk guns.
The Supreme Court of California upheld an ordinance banning possession of firearms and ammunition on county-owned property. Great Western Shows, Inc. v. County of Los Angeles, 44 P.3d 120 (Cal. 2002)
The California Court of Appeal, First District, Division 3 held that CAL. GOV'T CODE §53071 and CAL. PENAL CODE §12026 preempted a San Francisco ordinance banning handgun possession. Doe v. City and County of San Francisco, 186 Cal. Rptr. 380 (Cal. Ct. App. 1982)
California Penal Code §16000 et. seq.
|Last edited: 7/6/2016|