PLEASE NOTE: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.
Rifles and
Shotguns Handguns
______________________
Permit to Purchase No No*
Registration of Firearms No No*
Registration of
"Assault Weapons" Yes Yes
Licensing of Owner No No
Permit to Carry No Yes (if concealed)
* Police recordation is made of purchases from dealers.
Any person lawfully possessing an "assault weapon" before June 1, 1989, was to register the firearm with the Department of Justice by March 31, 1992, although it is reported that registration applications are being accepted after that date. Registration includes identification of the firearm and the name, address, date of birth, thumbprint and other information on the owner. A fee of up to $20.00 may be charged for the registration. Any firearm subsequently added to the list of "assault weapons" must be registered within 90 days.
Unless otherwise specified, registered "assault weapons" may only be possessed:
Failure to register an "assault weapon" possessed before June 1, 1989, may, for a first time infraction, result in a fine between $350.00 and $500.00. Unlawful manufacture, distribution, transportation, importation, sale, or otherwise giving or lending an "assault weapon" is a felony punishable by up to eight years in jail.
Starting October 1, 1993, no firearm capable of being concealed upon the person shall be delivered or sold unless the person receiving the firearm presents to the gun dealer a basic firearms safety certificate approved by the California Department of Justice.
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."
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, infrequent gifts or transfers to one's "immediate family," 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.
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 pistol to a person under 21 or other firearm to a person under 18.
It is unlawful to purchase, receive, or attempt to purchase or receive a firearm if such person is subject to a protective order, temporary restraining order or injunction.
Application for a license to carry a concealed firearm is made to the county sheriff or the city chief of police.
The officer may issue a license if the applicant establishes that he or she is "of good moral character," a resident of the county and that "good cause exists" for the issuance of the license.
The issuing officer has the power to include, in his discretion any "reasonable" restrictions on the license to carry (such as the time, place, etc.).
The application must contain a description of the licensee and the gun or guns to be carried. The applicant must be fingerprinted and a copy of the prints sent to the Department of Justice.
Note: Despite the existence of this licensing procedure, it is reported that in many California counties, the license is extremely difficult, if not impossible, to obtain.
Exceptions to this prohibition are:
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.
Note: It has been reported that the Department of Justice refuses to grant such permits.
The state legislature also has expressed its intention to occupy the whole field of the regulation and licensing of firearms, thus precluding cities and other localities from enacting firearms laws.
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, or courthouse. State Capitol building or grounds, any legislative office or the office or residence of the Governor, constitutional officer or member of the Legislature.
A minor 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.
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 possess a multi-burst trigger activator or zipgun.
It is unlawful to store a loaded firearm where the person knows or reasonably should know that a child under 14 is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and causes death or great bodily harm to self or any other person. This prohibition shall not apply if: (1) the child obtains the firearm as a result of an illegal entry to any premises by any person; (2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure; (3) the firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person; (4) the firearm is equipped with a locking device; (5) the person is a peace officer or member of the U. S. armed forces and the child obtains the firearm during, or incidental to, the performance of the person's duties; (6) the child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person; and (7) the person who keeps a loaded firearm on any premise which is under person's custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premise.
The following lists those "assault weapons" affected by the June 1, 1989 law and its 1991 amendments:
Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(c) 1995, NRA Institute for Legislative Action.
NS3N0842 Rev. 9/95