Gun laws in California
Encyclopedia
Gun laws in California regulate the sale, possession, and use of firearm
s and ammunition
in the state of California
in the United States.
The gun laws of California are some of the strictest in the United States. California has a ban on "assault weapons", .50 BMG
caliber rifles, and magazines that can hold more than ten rounds of ammunition, and it has extensive restrictions on the purchasing, possession, and transportation of handguns and grandfathered assault weapons. Meanwhile, aside from a 10-day waiting period following purchase, California has very few restrictions on the purchasing, possession, use, and transporting of long guns and shotguns that are not classified as assault weapons.
Because of their inability to regulate firearms directly some cities, such as Los Angeles, have enacted ammunition regulations.
, its subsequent augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004
has led to many restrictions on semi-automatic firearms. In addition to a lengthy list of specific firearms that are banned by name, the following firearms are banned by characteristic (from Penal Code section 12276.1) :
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.
by a deadline established in the assault weapons ban legislation.
The second exception allows non-resident Active Duty military members to bring their assault weapons 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 to the DOJ, and the member must be a resident of a state that permits private citizens to own and possess assault weapons.
Resident police officers in California may also own assault weapons, with permission of their police chief and the California Department of Justice.
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. 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. This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list"); 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 section 5469, formerly section 978.20, definition of detachable magazine, 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.
(California Code of Regulations section 978.20 was changed without regulatory effect renumbering section 978.20 to section 5469 filed 6-28-2006)
The CA DOJ produced a report from the Ferranto Commission in response, 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 peace 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. The National Rifle Association
(NRA) opposed the ban from its inception.
In some of the more restrictive cities and counties, licenses tend to be issued mainly to "Friends of the Sheriff" (or Police Chief), celebrities and campaign donors . Some of these departments are now being challenged in Federal Lawsuits, under the Equal Protection clause of the 14th Amendment
.
Some argue that the California system for CCW issuance fosters systematic discrimination of applicants, as it has been publicized that numerous celebrities and government officials 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 very serious misdemeanor with a minimum penalty of 90 days in jail. 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.
Despite these restrictions, there is no section of the California penal code that specifically prohibits open carry of an unloaded handgun. However, possession may be restricted or prohibited in certain areas such as State Parks (CCR Title 14, Div.3, chap. 1, s 4313 (a)), school zones (PC626.9), or federal properties such as a Post Office or National Park (36 C.F.R. 2.4(a)).
Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (g) of California Penal Code 12031 defines what constitutes a loaded weapon).
In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, 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.
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." The constitutionality of the federal Gun-Free School Zone Act is in question due to the U.S. v. Lopez ruling.
Assault weapons, as defined by California law, must always be transported in locked containers and may only be transported under certain circumstances.
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.
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s and ammunition
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
in the state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
in the United States.
The gun laws of California are some of the strictest in the United States. California has a ban on "assault weapons", .50 BMG
.50 BMG
The .50 Browning Machine Gun or 12.7×99mm NATO is a cartridge developed for the Browning .50 caliber machine gun in the late 1910s. Entering service officially in 1921, the round is based on a greatly scaled-up .30-06 cartridge...
caliber rifles, and magazines that can hold more than ten rounds of ammunition, and it has extensive restrictions on the purchasing, possession, and transportation of handguns and grandfathered assault weapons. Meanwhile, aside from a 10-day waiting period following purchase, California has very few restrictions on the purchasing, possession, use, and transporting of long guns and shotguns that are not classified as assault weapons.
Preemption
California law (53071 GC) restricts county and city authorities from enacting firearm regulations. This provides for uniform firearm laws and prevents situations found in other states (such as New York City) where traveling with an otherwise legal firearm could put a citizen at risk of violating local city ordinances.Because of their inability to regulate firearms directly some cities, such as Los Angeles, have enacted ammunition regulations.
Assault Weapons Control Act of 1989
The Roberti-Roos Assault Weapons Control Act of 1989Roberti-Roos Assault Weapons Control Act of 1989
The Roberti-Roos Assault Weapons Control Act of 1989 or AWCA, enacted by the state of California, banned over fifty specific brands and models of firearms – while mostly rifles, some were pistols and shotguns....
, its subsequent augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004
.50 Caliber BMG Regulation Act of 2004
The .50 Caliber BMG Regulation Act of 2004 is a law in the state of California that effectively banned all .50 BMG-caliber rifles from being sold in the state...
has led to many restrictions on semi-automatic firearms. In addition to a lengthy list of specific firearms that are banned by name, the following firearms are banned by characteristic (from Penal Code section 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.
Exceptions
Two exceptions to the assault weapons ban exist. The first is for those 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 their assault weapons with the California Department of JusticeCalifornia Department of Justice
The California Department of Justice is the department in the California executive branch under the leadership of the California Attorney General.-Description:It has 5344 employees and a budget of $791 million...
by a deadline established in the assault weapons ban legislation.
The second exception allows non-resident Active Duty military members to bring their assault weapons 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 to the DOJ, and the member must be a resident of a state that permits private citizens to own and possess assault weapons.
Resident police officers in California may also own assault weapons, with permission of their police chief and the California Department of Justice.
Other laws
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. 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. This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list"); 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
California Department of Justice
The California Department of Justice is the department in the California executive branch under the leadership of the California Attorney General.-Description:It has 5344 employees and a budget of $791 million...
(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 section 5469, formerly section 978.20, definition of detachable magazine, 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.
(California Code of Regulations section 978.20 was changed without regulatory effect renumbering section 978.20 to section 5469 filed 6-28-2006)
The CA DOJ produced a report from the Ferranto Commission in response, 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
Proposition H
Proposition H was a local ordinance on the November 8, 2005 ballot in San Francisco, California, which gained national attention for banning the otherwise legal ownership and sales of firearms...
, 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 peace 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.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
and Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, to enact a ban on handguns, San Francisco's ban extended further, not implementing a grandfather clause
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
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
James Warren
James Warren was the President of the Massachusetts Provincial Congress and a Paymaster General of the Continental Army during the American Revolutionary War, among other positions. He was born, and died, in Plymouth, Massachusetts...
of the San Francisco County Superior Court
San Francisco County Superior Court
The San Francisco County Superior Court is one of the Superior Courts of California....
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. The National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
(NRA) opposed the ban from its inception.
Concealed Carry Laws
California law 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. 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. In some 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".In some of the more restrictive cities and counties, licenses tend to be issued mainly to "Friends of the Sheriff" (or Police Chief), celebrities and campaign donors . Some of these departments are now being challenged in Federal Lawsuits, under the Equal Protection clause of the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Some argue that the California system for CCW issuance fosters systematic discrimination of applicants, as it has been publicized that numerous celebrities and government officials 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 very serious misdemeanor with a minimum penalty of 90 days in jail. 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.
Open Carry Laws
Personal possession (i.e. carry) of a loaded firearm is prohibited 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. A license to carry "loaded and exposed" 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. No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.Despite these restrictions, there is no section of the California penal code that specifically prohibits open carry of an unloaded handgun. However, possession may be restricted or prohibited in certain areas such as State Parks (CCR Title 14, Div.3, chap. 1, s 4313 (a)), school zones (PC626.9), or federal properties such as a Post Office or National Park (36 C.F.R. 2.4(a)).
Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (g) of California Penal Code 12031 defines what constitutes a loaded weapon).
In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, 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.
Transportation
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 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." The constitutionality of the federal Gun-Free School Zone Act is in question due to the U.S. v. Lopez ruling.
Assault weapons, as defined by California law, must always be transported in locked containers and may only be transported under certain circumstances.
Child safety
Firearms must be kept locked up when children may be present. The 2008 California Dangerous Weapons Control Law modified California Penal Code section 12035 defining criminal storage of a firearm askeeping "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.