Are you interested in buying or owning a gun in California? If so, you should know that California has some of the strictest gun laws in the country, and you must meet specific requirements and follow certain regulations to do so.
Legal Age to Own a Gun in California
In California, the legal age to own a gun is 18 for long guns and 21 for handguns. Ensuring everyone’s safety is crucial, so staying informed about firearm regulations is essential. If you’re considering gun ownership, check the California Department of Justice website for the latest information or consult local law enforcement. Responsible ownership involves knowing and following the laws and prioritizing safety for yourself and those around you.
Requirements for Buying and Owning a Gun in California
To buy and own a gun in California, you must meet the following requirements:
- Be at least 18 for long guns, such as rifles or shotguns, and at least 21 for handguns, such as pistols or revolvers.
- Be a resident of California and have a valid driver’s license or identification card.
- Pass a background check with a licensed dealer, even if it is a private or gun show purchase.
- Obtain a Firearm Safety Certificate (FSC) by passing a written test on firearm safety administered by a certified instructor at a licensed firearms dealer. The FSC is valid for five years and costs $25.
- Wait for a 10-day mandatory waiting period before receiving the firearm from the dealer.
Types of Legal and Banned Guns in California
California has some of the strictest gun laws in the country, and it bans certain types of firearms that are deemed too dangerous or unnecessary for civilian use. These include:
- Assault weapons and BMG rifles, which are defined by specific characteristics or models that make them more lethal or adaptable for mass shootings, These weapons are prohibited from manufacture, distribution, transport, import, sale, or possession unless they are registered with the Department of Justice. Note that on June 4, 2021, a federal judge overturned California’s ban on assault weapons because it violates the constitutional right to bear arms under the Second Amendment. But assault weapons remain illegal in California while the state appeals the ruling.
- Short-barreled shotguns and rifles, which are firearms that have a barrel length of less than 18 inches for shotguns and 16 inches for rifles or an overall length of less than 26 inches, These weapons are prohibited without a Dangerous Weapons Permit, which is rarely granted to civilians.
- Undetectable firearms are firearms that are not immediately recognizable as firearms or that are not detectable by metal detectors or X-ray machines. These weapons are prohibited from manufacture, import, sale, shipment, delivery, possession, or receipt.
- Zip guns are not designed to be firearms but are modified or improvised to expel a projectile by the force of an explosion or other form of combustion; weapons are prohibited from manufacture, import, sale, shipment, delivery, possession, or receipt.
There are still many legal guns that Californians can buy, own, and possess as long as they comply with state regulations. These include:
- Handguns listed on the California DOJ Handgun Roster are tested and certified for safety and quality standards. These handguns must have a loaded chamber indicator, a magazine disconnect mechanism, and a micro stamp imprint on the cartridge case.
- Long guns that are not considered assault weapons or BMG rifles include rifles, shotguns, and carbines that do not have features such as a pistol grip, a folding or telescoping stock, a flash suppressor, or a grenade or flare launcher.
- State-compliant firearms that are modified to meet the California requirements. These include AR-15s and other semi-automatic rifles that have fixed magazines, featureless grips, or bullet buttons. A bullet button is a device that requires a tool to remove the magazine, such as a bullet or a magnet. These include shotguns with a fixed magazine capacity of 10 rounds or less.
Places Where You Cannot Bring a Gun in California
California has several places where you cannot bring a gun, even if you have a valid concealed carry permit or a lawful reason. These include:
- Schools, per Penal Code 626.9 PC.
- Public buildings and meetings are open, per Penal Code 171b PC.
- Government buildings, per Penal Code 171c PC.
- The governor’s mansion, per Penal Code 171d PC.
- Airports and passenger vessel terminals, per Penal Code 171.5 PC.
- Public transit facilities, per Penal Code 171.7 PC.
Bringing a gun to any of these places can result in misdemeanor or felony charges, punishable by up to three years in jail and a fine of up to $10,000.
California Gun Laws Penalties
California has some of the strictest gun laws in the country, and violating them can result in severe consequences. Depending on the type and severity of the offense, a person who breaks the gun laws in California can face misdemeanor or felony charges, punishable by jail or prison time, fines, and loss of gun rights. Here are some of the typical gun law violations and their penalties in California:
Carrying a Concealed Firearm or Weapon
California Penal Code 25400 PC makes it a crime to carry a concealed firearm or weapon on your person or vehicle unless you have a valid concealed carry permit or are exempt from the law, such as a peace officer or a hunter. The penalties for this offense are:
- A misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000 or
- A felony punishable by 16 months, two years, or three years in county jail and a fine of up to $10,000.
The offense can be charged as a felony if the firearm or weapon is stolen, loaded, unregistered, or illegal if the offender is prohibited from owning a gun, has a prior felony conviction, or is a gang member.
Carrying a Loaded Firearm in Public
California Penal Code 25850 PC makes it a crime to carry a loaded firearm in public unless you have a valid concealed carry permit or are exempt from the law, such as a peace officer or a hunter. The penalties for this offense are:
- A misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000 or
- A felony punishable by 16 months, two years, or three years in county jail and a fine of up to $10,000.
The offense can be charged as a felony if the firearm is stolen, unregistered, or illegal, if the offender is prohibited from owning a gun, has a prior felony conviction, or is a gang member.
Possessing, Making, or Selling a Banned Firearm
California Penal Code 16590 PC makes it a crime to possess, complete, or sell a banned firearm, such as an assault weapon, a short-barreled shotgun or rifle, an undetectable firearm, or a zip gun. The penalties for this offense are:
- A misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000 or
- A felony punishable by 16 months, two years, or three years in county jail and a fine of up to $10,000.
The offense can be charged as a felony if the firearm is used in the commission of another crime or if the offender has a prior conviction for a violent or serious felony.
Possessing a Firearm as a Prohibited Person
California Penal Code 29800 PC makes it a crime to possess a firearm as a prohibited person, such as a convicted felon, a narcotics addict, a mentally ill person, or a person subject to a restraining order. The penalties for this offense are:
- A felony is punishable by 16 months, two years, or three years in county jail and a fine of up to $10,000.
The offense can be enhanced if the offender has a prior conviction for a violent or serious felony or if the firearm is stolen, loaded, unregistered, or illegal.
Failing to Report a Lost or Stolen Firearm
California Penal Code 25250 PC makes it a crime to fail to report a lost or stolen firearm to local law enforcement and the Department of Justice within five days. The penalties for this offense are:
- An infraction is punishable by a fine of up to $100 for the first offense and up to $1,000 for subsequent violations.
The offense can be charged as a misdemeanor if the offender knowingly makes a false report of a lost or stolen firearm, punishable by up to six months in county jail and a fine of up to $1,000.
Conclusion
Gun ownership in California comes with strict regulations regarding legal and banned firearms. Understanding the types of guns permitted and prohibited is essential for responsible gun ownership. Whether you’re interested in handguns, long guns, or antique firearms, adhering to the law and prioritizing safety is paramount.
FAQs
Q: Can you own a gun at age 18 in California?
A: No, you cannot own a gun at 18 in California unless you are an active-duty military or law enforcement member. The legal age to own a long gun, such as a rifle or shotgun, is 18, but the age to own a handgun, such as a pistol or revolver, is 21. Therefore, you must be at least 21 to hold any gun in California.
Q: How do I get a gun license in California?
A: You do not need a license to own a gun in California but a Firearm Safety Certificate (FSC) to purchase or receive a firearm. To obtain an FSC, you must pass a written test on firearm safety administered by a certified instructor at a licensed firearms dealer. The FSC is valid for five years and costs $25.
Q: Can I carry a gun in my car in California?
A: You can carry a gun in your car in California, but only if it is unloaded and locked in a secure container, such as a trunk or a locked box. You cannot carry a loaded firearm or a firearm not in a closed container in your car unless you have a valid concealed carry permit or are exempt from the law, such as a peace officer or a hunter.
Q: Can I buy a gun online in California?
A: You can buy a gun online in California, but only if the seller is a licensed firearms dealer and the transaction is completed through an authorized dealer in California. You cannot buy a gun online from a private seller or an out-of-state dealer without going through a licensed firearms dealer in California. You must also comply with all the state requirements, such as passing a background check, obtaining an FSC, and waiting for a 10-day mandatory waiting period.
Q: Can I own an AR-15 in California?
A: You can own an AR-15 in California, but only if modified to meet the state requirements. An AR-15 is considered an assault weapon in California, which is generally prohibited unless it is registered with the Department of Justice. However, you can own an AR-15 that is not considered an assault weapon if it has a fixed magazine, a featureless grip, or a bullet button. A bullet button is a device that requires a tool to remove the magazine, such as a bullet or a magnet.
Q: Can I own a silencer in California?
A: No, you cannot own a silencer in California unless you have a Dangerous Weapons Permit, which is rarely granted to civilians. A silencer is a device that attaches to the barrel of a firearm and reduces the noise and flash of the discharge. Possessing, making, or selling a silencer in California is a felony, punishable by up to three years in jail and a fine of up to $10,000.
Q: Can I own a stun gun in California?
A: Yes, you can own a stun gun in California, but only if you are 18 or older and are not prohibited from possessing a firearm. A stun gun is a device that delivers an electric shock to incapacitate a person. You can use a stun gun for self-defense, but you cannot use it for any unlawful purpose, such as assault or robbery. You also cannot carry a stun gun on school grounds or in certain public places, such as airports or government buildings.
Q: Can I own a ghost gun in California?
A: No, you cannot own a ghost gun in California unless you apply for a serial number from the Department of Justice and engrave it. A ghost gun is a firearm that is not registered with the Department of Justice and does not have a serial number. Ghost guns are usually made from parts that are purchased online or from kits that are assembled at home. Possessing, producing, or selling a ghost gun in California is a misdemeanor punishable by up to a year in jail and a fine of up to $1,000.