California Gun Laws 2024 – Top 12 Questions Answered

In California, a person must be at least 21 years old to buy a handgun, and at least 18 years old to buy a shotgun or rifle. The purchaser must also pass a background check (called the Dealer’s Record of Sale, or DROS) with a licensed dealer – even if it is a private purchase or gun show purchase.

Some people may never possess firearms, such as

• convicted felons and
• narcotics addicts.

Furthermore, California’s gun laws make it a crime to carry a concealed firearm or concealed weapon. This crime, however, will not get charged if you have a lawful concealed carry permit.

Similarly, State law generally makes it illegal to openly carry a gun. This applies to the open carry of both:

• unloaded weapons, per Penal Code 26350, and
• loaded weapons, per Penal Code 25850 PC.

Penal Code 16590 is the California statute that bans possessing, making, or selling specific types of firearms. Some of these include:

• short-barreled shotguns and rifles, also illegal per Penal Code 33215 PC,
• undetectable firearms, also illegal per Penal Code 24610 PC, and
• zip guns, also illegal per Penal Code 33600 PC.

Assault weapons and BMG rifles are also banned in California per Penal Code 30600 PC. The law specifically prohibits doing the following with these firearms:

• manufacture,
• distribute,
• transport,
• import,
• sell or
• give away.

Penal Code 30605 PC makes it a crime to possess these weapons. (Note that on June 4, 2021, a federal judge overturned California’s ban on assault weapons on the grounds that 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.)

Note that there are several places in California where you cannot bring a firearm. Among these are:

1. schools, per Penal Code 626.9 PC,
2. public buildings and meetings open to the public, per Penal Code 171b PC,
3. government buildings, per Penal Code 171c PC,
4. the Governor’s mansion, per Penal Code 171d PC,
5. airports and passenger vessel terminals, per Penal Code 171.5 PC, and
6. public transit facilities, per Penal Code 171.7 PC.

In addition to covering guns, California’s firearm laws also apply rules and restrictions to the following:

1. armor-piercing bullets, per Penal Code 30315 PC,
2. silencers, per Penal Code 33410 PC,
3. stun guns, per Penal Code 22610 PC, and
4. laser scopes and laser pointers, per Penal Code 417.25 PC.

Some criminal convictions will result in you losing your right to own, purchase, and possess a gun. If stripped of these rights, you can try to restore your gun rights. This is most often accomplished by:

1. getting a wobbler felony reduced to a misdemeanor, and
2. receiving a pardon from California’s Governor.

In this article, our California criminal defense attorneys will answer the following 11 key questions:

• 1. Who is (and isn’t) allowed to have guns in California?
  • 1.1. People prohibited from possessing a gun
  • 1.2. Firearm Safety Certificates
  • 2.1. Buying
  • 2.2. Selling
  • 2.3. Registering
  • 3.1. Transporting
    • 3.1.1. Handguns that can be concealed
    • 3.1.2. Firearms that cannot be concealed
    • 3.1.3. Assault rifles
    • 3.2.1. Child present
    • 3.2.2. Storage with prohibited person
    • 4.1. Penal Code 25400
    • 4.2. Concealed carry permit
    • 7.1. Penal Code 30600
    • 7.2. Definition of assault weapons and .50 BMG rifles
    • 8.1. School grounds
    • 8.2. Public buildings and meetings open to the public
    • 8.3. Government buildings
    • 8.4. The Governor’s mansion
    • 8.5. Airports and passenger vessel terminals
    • 8.6. Public transit facilities
    • 8.7. Other prohibited places
    • 9.1. Large capacity magazines
    • 9.2. Armor-piercing ammunition
    • 9.3. Silencers
    • 9.4. Stun guns
    • 9.5. Laser scopes and laser pointers

    

    California law allows most people over the age of 21 (but not all) to own/possess a gun.

    1. Who is (and isn’t) allowed to have guns in California?

    The Second Amendment to the United States Constitution provides you with the right to bear arms.

    Further, California gun laws allow most adults age 21 and older to:

    • buy,
    • own, and
    • possess a gun.

    California laws, though, provide some limitations on this right. For example, State law:

    • prohibits some people from acquiring or possessing a gun, and
    • requires Californians to obtain a Firearm Safety Certificate (FSC) prior to legally acquiring a gun.

    1.1. People prohibited from possessing a gun

    You are generally prohibited from buying or possessing a gun in California if you:

    1. are a convicted felon, 1
    2. are a narcotics addict, 2
    3. have two or more convictions under Penal Code Section 417 PC, California’s law against brandishing a weapon, 3
    4. have been convicted of certain misdemeanor offenses (for example, corporal injury to a spouse, per California Penal Code 273.5 PC and crimes involving domestic violence), 4
    5. suffer from mental illness, 5 or
    6. are under 18 (though you can own a BB gun if you have parental consent). 6

    

    Note that California’s red flag law also allows family, roommates, coworkers, employers, and teachers to seek restraining orders to remove guns from the possession of potentially dangerous people. 7 These orders are sometimes referred to as “gun violence restraining orders,” or GVROs.

    Also note that if you are prohibited from owning a gun, then you are also prohibited from owning any ammunition. 8

    If you do not fall into one of the above-prohibited categories, then you can legally buy and possess a gun.

    You may legally keep a gun within your house or a place of business that you own. You may also legally carry a gun from place to place provided that it is in a locked container. 9

    1.2. Firearm Safety Certificates

    Per Penal Code 26840 PC, if you acquire a firearm, you must have a Firearm Safety Certificate (FSC). 10 In the case of a handgun, it is permissible if you have an expired handgun safety certificate. 11

    The above statute applies unless you are exempt under the law from having to have a certificate. An example of an exempt person is someone that:

    1. was issued a valid hunting license, and
    2. wants to own or possess long guns. 12

    To obtain an FSC, you must pass a California Department of Justice (DOJ) written test on firearm safety.

    

    California requires you to obtain a Firearm Safety Certificate (FSC) prior to legally acquiring a gun.

    2. What is the process for buying, selling, and registering guns?

    The State of California’s firearms laws impose certain rules and restrictions with regards to the:

    1. purchase of a gun,
    2. sale of a gun, and
    3. registration of a firearm.

    2.1. Buying

    Under California’s Dealer’s Record of Sale (DROS) process, all firearm purchases and transfers must be made through a licensed gun dealer. This includes:

    • private party transactions, and
    • purchases at gun shows. 13

    State law imposes a 10-day waiting period before a seller can release or transfer a gun to you and allow you to take gun ownership. 14

    Per Penal Code 27510, a licensed dealer cannot do any of the following in relation to a person under the age of 21:

    • sell a gun,
    • supply a gun,
    • deliver a gun,
    • transfer a gun, or
    • give possession or control of a gun. 15

    Some exceptions to this rule apply. For example, a dealer can sell or transfer a gun to you if you are under 21, but over the age of 18, when,

    • you possess a valid hunting license,
    • you are an active peace officer, and/or
    • you are an active federal officer or law enforcement agent who is authorized to carry a firearm. 16

    The DROS process requires you to present a licensed dealer with clear evidence of your age at the time of buying a gun. This evidence may include:

    • a valid California driver’s license,
    • a valid California identification card, and
    • a military identification card with a copy of permanent duty station orders. 17

    You also have to provide proof of California residency. This can be done by way of a:

    • utility bill,
    • residential lease,
    • property deed, or
    • government-issued ID. 18

    Also, with handguns, note that there is no limit on the total number of handguns that you can buy. However, you usually cannot buy more than one handgun in any 30-day period. 19

    Note that a “handgun” includes items like:

    • revolvers,
    • semiautomatic pistols, and
    • most firearms equipped with a pistol grip.

    Please note that there are special relaxed rules for transferring firearms between family members in California.

    2.2. Selling

    Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms. If you satisfy all of the requirements, then you can become a licensed dealer. 20

    Some of these requirements include that you:

    • have a valid firearms license imposed under federal law,
    • have any regulatory or business license, or licenses, required by local government, and
    • have a valid seller’s permit issued by the State Board of Equalization. 21

    Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on a purchaser prior to the sale of a firearm. 22

    Note that all California licensed dealers have to be “federally licensed firearms dealers.” This means you are required to perform background checks.

    Federal law prohibits you from acquiring or possessing a gun if you:

    • have been convicted of certain crimes, or
    • are subject to a court order related to domestic violence or a serious mental condition. 23

    Penal Code 26500 makes it a misdemeanor to sell, lease, or transfer a gun without a license. 24

    • one year in county jail, and/or
    • a maximum fine of $1,000. 25

    2.3. Registering

    You can register a gun in California by completing and submitting a Firearm Ownership Report (FOR) Application. 26 A completed report is a declaration that you are the gun’s true owner.

    A FOR Application is not required for most guns/gun owners under the State’s firearm laws. Firearms get registered by a gun dealer during the sale of a firearm.

    Gun registration, though, is required when you are moving into California and owns a firearm. 27

    3. Are there rules about transporting and storing firearms?

    Once you buy or acquire possession of a firearm, California law imposes several public safety requirements when you:

    • transport the gun, and
    • store the gun.

    3.1. Transporting

    The rules on transporting a firearm differ a bit depending on whether the gun is:

    • a handgun that can be concealed,
    • a firearm that cannot be concealed, or
    • an assault rifle.

    3.1.1. Handguns that can be concealed

    To lawfully transport a handgun in a vehicle, you must ensure that it is:

    1. unloaded,
    2. locked in the trunk of the vehicle or in a locked container inside the vehicle, and
    3. apparent, or not concealed inside the vehicle. 28

    It is always a crime to transport a loaded firearm.

    Gun ammo can be stored in:

    • the locked container, or
    • some other carrying device.

    You must adhere to these rules no matter if you are:

    • the driver of the vehicle, or
    • a passenger inside the car.

    3.1.2. Firearms that cannot be concealed

    State law says that firearms that cannot be concealed must be unloaded when you transport them. 29

    Typically, local laws say that non-concealable firearms do not have to be in a locked container. United States federal law, though, says that some types of firearms do have to be in a locked container or in a gun rack when in a school zone. 30 These are zones located within 1,000 feet of the grounds of a K-12 school. 31

    Note that firearms that cannot be concealed include:

    • shotguns,
    • long guns,
    • rifles,
    • carbines, and
    • a centerfire rifle.

    3.1.3. Assault rifles

    When transporting an assault weapon, you must ensure that it is:

    Further, note that assault weapons can only be transported to and from certain places. For example, you may only transport these guns to:

    • a licensed firearms dealer for servicing or repair,
    • your private property,
    • someone else’s property, provided that the property owner has given you permission to bring the gun, and
    • a firing range. 33

    Semi-automatic rifles are examples of assault rifles.

    3.2. Storing

    California’s attorney general provides several recommendations on gun storage. The attorney general encourages you to:

    1. store your gun with a state-approved firearm safety device on it (for example, a trigger lock or a cable lock),
    2. ensure that your weapon is not loaded,
    3. put your firearm in a locked container (a lockbox or a gun safe), and
    4. store your gun in a different location than the ammunition. 34

    Additional safety measures will apply in the event that either:

    1. children are present in the location where a gun is being stored, and
    2. a person prohibited from possessing a gun is present in the location where the gun is being stored.

    3.2.1. Child present

    Per Penal Code 25100 PC it is a crime for you to:

    1. store a loaded firearm in a home, or within an area of your control, and
    2. do so when you know, or should know, that a child could access it without a parent’s permission. 35

    This means if you know that a child can access a stored gun, you should:

    1. make certain that it is unloaded, and
    2. store it in a place outside of the child’s access (like a locked container).

    A violation of the above law is a misdemeanor offense. The crime is punishable by up to one year in county jail. This punishment will increase if a child accesses the weapon and causes:

    • harm,
    • great bodily injury, or
    • death. 36

    Note that no criminal charges will be filed if a child accessed the gun in a lawful act of self-defense or in the defense of another person. 37

    3.2.2. Storage with prohibited person

    Penal Code 25100 PC also makes it a crime to:

    1. store a loaded gun in a home, or within an area of your control, and
    2. do so when you know, or should know, that a person prohibited from possessing a firearm could access it. 38

    This means if you know that an adult who cannot possess a gun can access the weapon, you should:

    1. make certain that it is unloaded, and
    2. store it in a place outside of the adult’s access (like in a locked container).

    A violation of the above law is charged as a misdemeanor. The crime is punishable by up to one year in county jail.

    Note that this punishment increases if an adult gets to the weapon and causes:

    • harm,
    • great bodily injury, or
    • death. 39

    In such cases, the crime can be charged as a felony and lead to custody in state prison for up to three years. 40

    Note, though, that no criminal charges will be filed if the prohibited person accessed a gun in a lawful act of self-defense or in the defense of another person. 41

    

    Penal Code 25400 PC makes it a crime to carry a concealed weapon with no CCW.

    4. Who is allowed to carry a concealed weapon?

    Penal Code 25400 PC is the California statute that makes it a crime to carry a concealed weapon.

    However, the statute will not apply if you have a lawful concealed carry permit, or “CCW.” This means you can legally carry a concealed weapon if you have obtained a CCW.

    4.1. Penal Code 25400

    PC 25400 makes it a criminal offense to carry a concealed weapon.

    A prosecutor must prove the following to convict you under this statute:

    1. you concealed a firearm on your person or in a vehicle,
    2. you knew about the presence of the concealed gun, and
    3. the firearm was substantially concealed. 42

    As to the second element above, it is a legal defense to this crime if you did not know of the presence of a weapon. For example, you are not guilty if you were in a friend’s car and did not know that there was a gun under his seat.

    A violation of this law is charged as a misdemeanor. 43 A conviction is punishable by:

    • custody in county jail for up to one year, and/or
    • a maximum $1,000 fine. 44

    A PC 25400 violation, though, can become a felony when:

    1. you have a prior felony conviction or conviction for a California firearm offense, 45
    2. the firearm is stolen and you knew, or had reasonable cause to believe, that it was stolen, 46
    3. you were actively involved in a criminal street gang, 47
    4. you unlawfully possessed the firearm, 48
    5. you were prohibited from possessing a firearm under Penal Code 29800 PC, California’s felon with a firearm law, 49 or
    6. you were prohibited from possessing a firearm under Penal Code 29900 PC for committing a violent offense. 50

    As to number one above, note that you will serve a minimum of three years in county jail if:

    • you carried a concealed weapon, and
    • have a prior firearm offense. 51

    This includes prior convictions under:

    • Penal Code 245a1 PC, assault with a deadly weapon,
    • Penal Code 246 PC, shooting at an inhabited dwelling house or car, and
    • Penal Code 417 PC, California’s brandishing a weapon law. 52

    As to number six above, offenses deemed “violent” for purposes of this section include (but are not limited to):

    Felony carrying a concealed firearm is punishable by:

    • up to three years in county jail, and/or
    • a maximum $10,000 fine. 54

    4.2. Concealed carry permit

    A concealed carry permit is the only means by which ordinary citizens may legally carry concealed firearms in public in California. Absent a CCW, it is a crime to carry either a loaded or an unloaded firearm in public.

    A concealed carry permit is sometimes referred to as a “concealed weapons permit.”

    The following are the only parties that may issue a CCW:

    • a county sheriff, 55 or
    • the chief or other head of a municipal police department. 56

    You must prove the following in order to receive a CCW:

    1. you are at least 21 years old,
    2. you own the gun for which the permit is to be issued,
    3. you meet certain residency requirements, and
    4. you have completed an acceptable course on firearms training. 57

    If you receive a permit to carry a concealed firearm, you may legally carry a loaded, concealed gun. However, you must comply with the terms and conditions outlined in the permit.

    Note that there was some recent doubt about the constitutionality of California’s laws on CCW permits. In 2014, the court ruled that the “good cause” requirement to obtain a CCW violated the Second Amendment right to bear arms. 58

    But in June 2016, the court overturned this finding. The court ruled that in fact, the Second Amendment does not apply to concealed firearms, and thus there are no constitutional rights implicated by California’s “good cause” requirement. 59

    Further, the United States Supreme Court (sitting in Washington, D.C.) refused to consider a challenge to California’s concealed carry law. So law-abiding gun owners can still carry a concealed handgun if they obtain a CCW.

    But most recently, the U.S. Supreme Court in New York State Rifle & Pistol Association vs. Bruen held that a New York law – which mandated a showing of “special need for self-protection” in order to secure a CCW permit – violated the Second and Fourteenth Amendments. This ruling indicates that California may have to change its “good cause” requirement for CCW permits.

    In September of 2023, Governor Gavin Newsom signed new legislation that finally did away with the good cause requirement. 60

    5. Is anyone allowed to open carry?

    It is generally a crime to openly carry a firearm in California. 61 This applies to the open carry of both:

    • loaded guns, and
    • unloaded guns.

    Note, however, there is one exception involving the open carry of loaded guns. Under California law, the sheriff of any county with a population under 200,000 people may issue licenses to carry a loaded, exposed handgun. 62

    Note too that the laws regarding the open carry of firearms may change. In 2018, a court ruled that the Second Amendment guarantees the open carry of a gun. 63 This decision, however, was appealed and is working its way through the courts. 64

    Carrying an unloaded handgun in public is a misdemeanor. 65 Most violations are punishable by:

    • up to one year in county jail, or
    • a fine of up to $1,000. 66

    Carrying a loaded firearm in public is a misdemeanor. 67 The penalties include:

    • custody in county jail for up to one year, and/or
    • a maximum fine of $1,000. 68

    Note, though, that aggravating factors can make the crime a wobbler offense. This means a prosecutor can charge the offense as either a misdemeanor or a felony.

    A felony conviction can result in imprisonment in county jail for up to three years. 69

    6. Are certain types of firearms illegal altogether?

    Penal Code 16590 is the California statute on “generally prohibited weapons.” The law bans certain firearms and firearm accessories.

    More specifically, the statute makes it a crime to do any of the following with these guns/add-ons:

    • manufacture them,
    • import them into the state,
    • keep them for sale,
    • offer them for sale,
    • give them away,
    • lend them, or
    • possess them. 70

    A “generally prohibited weapon” includes the following guns, equipment, and ammunition:

    1. short-barreled shotguns and rifles, also illegal per Penal Code 33215 PC, 71
    2. undetectable firearms, also illegal per Penal Code 24610 PC, 72
    3. firearms that are not immediately recognizable as firearms, also illegal per Penal Code 24510 PC, 73
    4. unconventional pistols, also illegal per Penal Code 31500 PC, 74
    5. cane guns (or a gun that is enclosed in an object that looks like a walking cane), also illegal per Penal Code 24410 PC, 75
    6. wallet guns (or a firearm enclosed in a small case), also illegal per Penal Code 17330 PC, 76
    7. zip guns (or a cheap makeshift firearm made by miscellaneous material), also illegal per Penal Code 33600 PC, 77
    8. camouflaging firearm containers, also illegal per Penal Code 24310 PC, 78
    9. bullets containing explosive agents, also illegal per Penal Code 30210 PC, 79
    10. multiburst trigger activators – also illegal per Penal Code 32900 PC, 80 and

    A violation of these laws is a wobbler. This means a prosecutor can charge the crime as either a misdemeanor or a felony. 81

    If a misdemeanor, the crime is punishable by:

    • custody in county jail for up to one year, and/or
    • a maximum fine of $1,000. 82

    If a felony, the offense is punishable by:

    • imprisonment in jail for up to three years, and/or
    • a maximum fine of $10,000. 83

    Note that a federal judge just held that large-capacity ammunition magazines are now legal. 84 However, the ban will stay in place while the Ninth Circuit reviews the case. 85

    7. What about assault weapons?

    Penal Code 30600 PC largely bans assault weapons in California. (Although a federal judge overturned this ban on June 4, 2021, it remains in effect while the state appeals the ruling.)

    A question often arises under this statute on the meaning of assault weapons and .50 BMG rifles.

    7.1. Penal Code 30600

    Penal Code 30600 PC is the California statute that makes it a crime to manufacture, distribute, transport, import, sell or give away assault weapons and BMG rifles. 86

    This law does not apply to the possession of these weapons. Possession of these types of guns, however, is a crime under Penal Code 30605 PC.

    As to possession, note that antique firearms and similar curios are exempt from this statute.

    You are guilty under PC 30600 only if you:

    1. performed an illegal act knowingly, and
    2. knew or reasonably should have known that the weapon involved had the characteristics of an assault weapon or .50 BMG rifle. 87

    Note that Senate Bill 61 was signed into law in 2019. It adds two new laws with regard to assault weapons in California. The bill does the following:

    1. limits the purchase of these guns to one per month, and
    2. prohibits the sale of semi-automatic rifles to anyone under 21. 88

    Note too that California law does allow certain qualified personnel to receive:

    • a permit to manufacture these weapons, and
    • then sell them to law enforcement agencies or military agencies.

    This means you would not be guilty under PC 30600 if you legally had one of these permits. This is provided a weapon was made, or sold to, a police officer or military department.

    A violation of PC 30600 is charged as a felony. The crime is punishable by:

    • custody in county jail for up to eight years, or
    • felony (or formal) probation. 89

    Note that you will receive an additional one-year jail term if you:

    • transferred,
    • loaned,
    • sold, or
    • gave

    an assault weapon or BMG rifle to a minor. 90

    As to the possession of an assault weapon, a violation of Penal Code 30605 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony.

    If charged as a misdemeanor, the crime is punishable by:

    • imprisonment in county jail for up to one year, and/or
    • a fine of up to $1,000. 91

    If charged as a felony, the offense is punishable by imprisonment in the county jail for up to three years. 92

    7.2. Definition of assault weapons and .50 BMG rifles

    An assault weapon is a weapon that is identified as such in a California statute. 93

    For example, Penal Code 30510 PC lists over 70 types of firearms that are all classified as assault weapons. Some of these include:

    • all AK series rifles,
    • Uzi submachine guns, and
    • the Striker 12 shotguns. 94

    Penal Code 30515 PC also lists some semiautomatic centerfire rifles that are considered assault weapons. Some of these are:

    • Bushmaster semiautomatic rifles,
    • the TAVOR Bullpup rifle, and
    • the Micro-UZI submachine gun. 95

    A .50 BMG rifle is not an assault weapon or a machine gun.

    It is a centerfire rifle that can fire a .50 BMG cartridge.

    A .50 BMG rifle has all of the following characteristics:

    • the overall length is 5.54 inches from the base of the cartridge to the tip of the bullet,
    • the bullet diameter for the cartridge is from .510 to and including .511 inch, and
    • the case base diameter for the cartridge is from .800 inches to, and including, .804 inches. 96

    8. Are there places where guns are prohibited?

    There are several places in California where guns are prohibited, as discussed below.

    8.1. School grounds

    Penal Code 626.9 PC is California’s Gun-Free School Zone Act. The statute prohibits you from possessing a gun on or near school grounds. 97

    More specifically, the law makes it a crime to:

    1. possess a firearm in or on the grounds of a public or private K-12 school, 98
    2. discharge, or attempt to discharge, a firearm in a school zone with reckless disregard for the safety of another, 99 and
    3. bring or possesses a loaded firearm upon the grounds of student or teacher housing for a public or private university. 100

    A violation of these laws can result in a jail sentence of up to seven years. 101

    With the passage of SB 2 in 2023, guns are also prohibited in preschool and childcare facilities.

    8.2. Public buildings and meetings open to the public

    Penal Code 171b PC is the California statute that makes it a crime to bring or possess certain “weapons” into:

    • public buildings, and
    • meetings open to the public. 102

    Some of these “weapons” include any:

    • firearm,
    • knife with a blade length over four inches,
    • tear gas weapon,
    • taser or stun gun, and
    • BB or pellet gun. 103

    A “public building” is a building owned or leased by the state or local government, if state or local public employees are regularly present to perform their official duties. 104

    Note that this statute may not necessarily apply to:

    1. those personnel that transport weapons into a court of law to be used as evidence,
    2. police officers and law enforcement officers,
    3. persons holding a valid license to carry a firearm, and
    4. a person who has permission to possess the weapon and is in charge of securing the public building he is in. 105

    A violation of this statute is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. 106

    If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

    If charged as a felony, the offense is punishable by custody in county jail for up to three years.

    8.3. Government buildings

    Penal Code 171c PC makes it a crime to bring a loaded firearm into any of the following:

    • the State Capitol,
    • any legislative office,
    • any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or
    • the Legislative Office Building at 1020 N Street in the City of Sacramento. 107

    With the passage of SB 2 in 2023, guns are also prohibited in state legislative or executive buildings, court buildings, and local government buildings.

    A violation of this statute is a wobbler. This means it can be charged as either a misdemeanor or a felony.

    A misdemeanor conviction can bring a county jail sentence of up to one year. 108

    A felony conviction can lead to custody in county jail for up to three years. 109

    8.4. The Governor’s mansion

    Penal Code 171d PC is the California statute that makes it a crime to possess a loaded firearm within or on the grounds of:

    • the Governor’s Mansion or any other residence of the Governor,
    • the residence of any other constitutional officer, or
    • the residence of any member of the California Legislature. 110

    A violation of this law is a wobbler. This means it can be charged as either a misdemeanor or a felony.

    A misdemeanor offense is punishable by imprisonment in county jail for up to one year. 111

    A felony offense is punishable by custody in county jail for up to three years. 112

    8.5. Airports and passenger vessel terminals

    Penal Code 171.5 PC makes it a crime to possess, within any sterile area of an airport or a passenger vessel terminal:

    • a firearm,
    • a taser or stun gun,
    • a BB or pellet gun,
    • an imitation firearm,
    • the frame or receiver of a firearm, or
    • any ammunition. 113

    Possession of any of these guns within the sterile (post-security check) area of an airport or a passenger vessel terminal is charged as a misdemeanor. The offense is punishable by:

    • up to six months in county jail, and/or
    • a fine of up to $1,000. 114

    8.6. Public transit facilities

    Penal Code 171.7 PC makes it a crime to knowingly possess within any sterile area of a public transit facility:

    • a firearm,
    • an imitation firearm,
    • a taser or stun gun,
    • a BB or pellet gun, or
    • a spot marker or paint gun. 115

    Note, though, that the sterile area must be posted with a statement providing reasonable notice that prosecution may result. 116

    Public transit facilities transport members of the public for hire. They include (but are not limited to):

    • streetcars,
    • buses,
    • light rail systems,
    • rapid transit systems,
    • subways, and
    • trains. 117

    A violation of this law is charged as a misdemeanor. The crime is punishable by:

    • up to six months in county jail, and/or
    • a fine of up to $1,000. 118

    8.7. Other prohibited places

    With the passage of SB 2, guns are also prohibited in:

    • playgrounds, youth centers, amusement parks, zoos and museums
    • colleges, universities, and community colleges
    • parks and athletic facilities
    • Department of Parks and Recreation or Department of Fish and Wildlife property (except for areas designated for hunting)
    • adult and juvenile detention facilities
    • hospitals, nursing homes, medical offices, and mental health facilities
    • publicly-funded buses, trains, and other transportation
    • bars and restaurants
    • certain public gatherings/special events that require a permit
    • casinos and gaming establishments
    • stadiums and arenas
    • public libraries
    • Nuclear Regulatory Commission properties
    • places of worship (unless the operators indicate otherwise with a sign)
    • financial institutions
    • law enforcement stations
    • polling places
    • privately owned commercial establishments open to the public (unless the operators indicate otherwise)

    9. What are the rules on ammunition and gun accessories?

    In addition to addressing firearms, California’s gun laws impose rules and restrictions on the following:

    1. large capacity magazines,
    2. armor-piercing magazines,
    3. silencers,
    4. stun guns,
    5. laser scopes and laser pointers.

    9.1. Large capacity magazines

    A California federal judge claims that the ban on large-capacity magazines is illegal in California, though the ban persists while the Ninth Circuit reviews the case. “Large-capacity magazines” are those that can generally hold 10 rounds of ammunition or more. 119

    9.2. Armor-piercing ammunition

    Penal Code 30315 PC is the California statute that makes it a crime to possess armor-piercing ammunition.

    “Armor-piercing” bullets are those designed to penetrate ballistic armor and protective shields, which are intended to deflect conventional bullets.

    Possession of armor-piercing ammunition is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.

    A misdemeanor conviction is punishable by up to one year in county jail. 120

    A felony conviction can lead to custody in county jail for up to three years. 121

    9.3. Silencers

    Per California Penal Code 33410 PC, it is a crime to possess a silencer.

    A violation of this statute is charged as a felony. The offense is punishable by:

    • custody in county jail for up to three years, and/or
    • a fine not to exceed $10,000. 122

    9.4. Stun guns

    It is generally legal in California to own a stun gun.

    However, Penal Code 22610 PC makes it illegal for you to buy, use, or possess a stun gun if:

    1. you were convicted of a felony, any crime involving assault, or any crime involving the misuse of a stun gun under PC 244.5,
    2. you are a narcotic addicts, or
    3. you are a minor, unless you are at least 16 years of age and have the written consent of your parent or legal guardian. 123

    The first violation of Penal Code 22610 is a public offense punishable by a $50 fine. 124

    Subsequent violations are treated as misdemeanors, punishable by:

    • up to one year in county jail, and/or
    • a maximum $1,000 fine. 125

    9.5. Laser scopes and laser pointers

    Penal Code 417.25 PC is the California statute that makes it a crime to point a laser scope, or a laser pointer, at another person in a threatening manner. 126

    Note that “threatening manner,” means that the pointing of the scope or laser instills fear of bodily harm in the other person. 127

    A “laser scope” is a portable battery-powered device that can be attached to a gun and can project a laser light onto objects. 128

    A “laser pointer” is a hand-held laser beam device that emits a single point of light, which can be seen by the human eye. 129

    A violation of PC 417.25 is charged as a misdemeanor in California. The crime is punishable by imprisonment in county jail for up to 30 days. 130

    Note that in lieu of jail time, a judge may impose misdemeanor (or summary) probation.

    10. How can I restore gun rights after a criminal conviction?

    As stated above (Section 1.1), felony convictions and convictions of certain misdemeanors result in you losing your right to:

    • own a gun,
    • buy a gun, and
    • possess a gun.

    You must relinquish your gun(s) following one of these convictions.

    A felony conviction means you will lose your gun rights for life.

    Similarly, a few weapon-related misdemeanor convictions can subject you to a lifetime ban on guns.

    In addition, about 40 misdemeanors carry a 10-year firearms ban. 131 Some of these include:

    • stalking, per Penal Code 646.9 PC,
    • battery, per Penal Code 242 PC,
    • brandishing a weapon, per Penal Code 417, and
    • making criminal threats, per Penal Code 422 PC.

    Despite these rules, you may try to restore your gun rights. This can be done by:

    1. having a “wobbler” felony reduced to a misdemeanor, or
    2. receiving a pardon from the California governor. 132

    Reducing a felony to a misdemeanor means that you will not face a lifetime ban on guns (because the felony conviction is reduced).

    As to a pardon, you must apply directly to the governor for a pardon if:

    • you live outside California, or
    • you were convicted of certain misdemeanor sex offenses. 133

    Otherwise, obtaining a pardon is a two-step process. You must:

    1. petition the superior court for a California Certificate of Rehabilitation, and
    2. if the petition is granted, it automatically becomes a petition for a pardon from the California Governor. 134

    Note that California’s Governor has complete discretion to grant or deny pardon requests.

    Also note that “automatic relief” through California’s Clean Slate Laws (SB-731 and AB 1076) has no effect on your gun rights.

    11. What are some California offenses that involve firearms?

    There are several California crimes that involve firearms. In addition to the ones mentioned above, some others include:

    • inflicting bodily injury while brandishing a gun, per Penal Code 417.6 PC,
    • California’s “drive-by shooting” law, per Penal Code 26100 PC,
    • personal use of a firearm in the commission of a felony, per Penal Code 12022.5 PC,
    • the “10-20-life ‘use a gun and you’re done’” law, per Penal Code 12022.53 PC,
    • sentencing enhancement for criminal street gang participation, per Penal Code 186.22 PC,
    • commission of a firearm felony while possessing metal-piercing armor or wearing a bullet-proof vest, per Penal Code 12022.2 PC,
    • use of a gun during the commission of sex crimes, per Penal Code 12022.3 PC,
    • aiding or abetting a felony with a firearm, per Penal Code 12022.4 PC,
    • changing a gun’s identifying information, per Penal Code 23900 PC,
    • possessing guns in violation of a court order, per Penal Code 29825,
    • taking a firearm from a peace officer, per Penal Code 148d,
    • shooting at an unoccupied aircraft, per Penal Code 247a, and.
    • shooting at an unoccupied motor vehicle or structure, per Penal Code 247b.

    12. Are ghost guns legal in California?

    If you assemble your own guns in California, you have to apply for a serial number to affix to the gun (unless the receiver or frame already has a serial number). Plus you need a background check to buy unfinished frames or receivers.

    Ghost gun violations are misdemeanors carrying up to six months in jail and/or $1,000. 135

    Additional resources

    For more information, refer to the following:

    • Gun Safety Rules – National Rifle Association
    • Firearms Q&As – Bureau of Alcohol, Tobacco, Firearms and Explosives
    • Handguns Certified for Sale – California Attorney General
    • Bureau of Firearms – California Department of Justice
    • National Instant Criminal Background Check System (NICS) – Federal Bureau of Investigation

    Legal References:

    1. California Penal Code 29800a1 PC.
    2. See same.
    3. California Penal Code 29800a2 PC.
    4. California Penal Code 29805 PC.
    5. California Welfare and Institutions Code 8100. See also California Assembly Bill 1968 (2018).
    6. California Penal Code 29610 PC.
    7. See, for example, Assembly Bill 61 (2019). See also CA. Gov. Gavin Newsom Signs 15 Anti-Gun Bills into Law, Firearms Policy Coalition (the purpose of these bills is to prevent mass shootings and promote gun safety). Assembly Bill 2870 (2022)(took effect in 2023).
    8. California Penal Code 30305a1 PC.
    9. California Penal Code 25610 PC. Also see Zusha Elinson, Gun Owners in San Jose Now Need Liability Insurance, Wall Street Journal (January 11, 2023).
    10. California Penal Code 26840 PC.
    11. See same.
    12. California Penal Code 31700 PC.
    13. See California Attorney General’s website, “What is the process for purchasing a firearm in California?”
    14. See same.
    15. California Penal Code 27510 PC.
    16. See same.
    17. See California Attorney General’s website, “What is the process for purchasing a firearm in California?”
    18. See same. See also Penal Code 26800-26850 PC.
    19. California Penal Code 27535 PC.
    20. California Penal Code 26700 PC. Note that with the passage of SB-915 (2022), the sale of firearms and ammunition are banned on all state-owned properties as well as county fairgrounds.
    21. See same.
    22. Brady Handgun Violence Protection Act, 107 Stat. 1536.
    23. See same.
    24. California Penal Code 26500 PC.
    25. California Penal Code 26500 PC.
    26. California Penal Code 2800 PC.
    27. California Penal Code 17000 and 27560 PC.
    28. California Penal Code 25610 and 25400 PC.
    29. See California’s DOJ’s website, “Transporting Firearms in California.”
    30. 18 U.S.C. § 922(q)(2)(A)(iii).
    31. 18 U.S.C. § 921(a)(25).
    32. California Penal Code 30945g PC. See also California’s DOJ’s website, “Transporting Firearms in California.”
    33. See same.
    34. “Firearm Safety,” Office of Attorney General’s website.
    35. California Penal Code 25100 PC.
    36. See same.
    37. California Penal Code 25105 PC.
    38. California Penal Code 25100.
    39. See same.
    40. California Penal Code 25110 PC.
    41. California Penal Code 25105 PC.
    42. See, for example, CALCRIM No. 2520 – Carrying Concealed Firearm on Person. Judicial Council of California Criminal Jury Instructions (2017 edition).
    43. California Penal Code 25400c7 PC.
    44. See same.
    45. California Penal Code 25400c1 PC.
    46. California Penal Code 25400c2 PC.
    47. California Penal Code 25400c3 PC.
    48. California Penal Code 25400c4 PC.
    49. See same.
    50. California Penal Code 29900 PC.
    51. California Penal Code 25400d2 PC.
    52. California Penal Code 25400d1 PC.
    53. See California Penal Code 29900a1 PC.
    54. California Penal Code 18 PC.
    55. California Penal Code 26150 PC.
    56. California Penal Code 26155 PC.
    57. California Penal Code 26155 PC.
    58. Peruta v. Cnty of San Diego, 742 F.3d 1144 (2014).
    59. Peruta v. Cnty. of San Diego, 824 F.3d 919 (2016). See also Lopez-Aguilar v. Marion Cty. Sheriff’s Dep’t, 924 F.3d 375 (2019).
    60. See Supreme Court of the United States blog (SCOTUS blog). New York State Rifle & Pistol Association vs. Bruen(2022)No. 20–843. John Healey, Supreme Court throws out New York’s concealed weapons law. Here’s what it means for California, LA Times (June 23, 2022) . Ben Christopher, California’s change to concealed carry permits would reduce wide variations among counties, Cal Matters (June 29, 2022). SB 2.
    61. California Penal Code 26350 and 25850 PC.
    62. California Penal Code 26150 and 26155 PC.
    63. Young v. Hawaii, 896 F.3d 1044 (2018).
    64. See website of the United States Courts for the Ninth Circuit.
    65. California Penal Code 26350b1 PC.
    66. See same.
    67. California Penal Code 25850 PC.
    68. See same.
    69. See same.
    70. California Penal Code 16590 PC. (See also PC 12020 – now repealed.)
    71. California Penal Code 16590t PC.
    72. California Penal Code 16590w PC.
    73. California Penal Code 16590k PC.
    74. California Penal Code 17270 PC.
    75. California Penal Code 16590g PC.
    76. California Penal Code 16590x PC.
    77. California Penal Code 16590z PC.
    78. California Penal Code 16590f PC.
    79. California Penal Code 16590e PC.
    80. California Penal Code 16590q PC.
    81. In re David V (2008) 166 Cal.App.4 th 801.
    82. California Penal Code 19 PC.
    83. California Penal Code 1170h PC.
    84. Maura Dolan, U.S. appeals court upholds California’s ban on large-capacity firearms magazines, Los Angeles Times (November 30, 2021). See also Teri Figueroa, 9th Circuit ends California ban on high-capacity magazines, LA Times (August 14, 2020). Kevin Rector and Matthew Ormseth, Federal judge again overturns California ban on high-capacity gun magazines, Los Angeles Times (September 22, 2023).
    85. Same. See also Duncan v. Becerra, 366 F. Supp. 3d 1131 (2019).
    86. California Penal Code 30600 PC. Don Thompson, California’s three-decade-old ban on assault weapons is unconstitutional, federal judge rules, Los Angeles Times (June 4, 2021)(“U.S. District Judge Roger Benitez of San Diego ruled that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.”).
    87. CALCRIM No. 2560 – Possession, etc., of Assault Weapon or. 50 BMG Rifle. Judicial Council of California Criminal Jury Instructions (2017 edition). See also In re Jorge M. (2000) 23 Cal.4th 866.
    88. Senate Bill 61 SB.
    89. California Penal Code 30600. See also California Penal Code 1170h.
    90. California Penal Code 30600b PC.
    91. California Penal Code 19 PC.
    92. California Penal Code 1170h PC.
    93. Harrott v. County of Kings (2001) 25 Cal.4th 1138. See also Senate Bill No. 1327 (2022); Alex Riggins, Federal judge to block part of California gun law modeled after Texas abortion ban, San Diego Union-Tribune (December 16, 2022).
    94. California Penal Code 30510.
    95. California Penal Code 30515.
    96. CALCRIM No. 2560. Possession, etc., of Assault Weapon or. 50 BMG Rifle.
    97. California Penal Code 626.9 PC.
    98. See same.
    99. See same.
    100. See same.
    101. See same.
    102. California Penal Code 171b PC.
    103. See same.
    104. See same.
    105. See same.
    106. See same.
    107. California Penal Code 171c PC.
    108. See same.
    109. See same.
    110. California Penal Code 171d PC.
    111. See same.
    112. See same.
    113. California Penal Code 171.5 PC.
    114. California Penal Code 171.5e PC.
    115. California Penal Code 171.7 PC.
    116. California Penal Code 171.7b PC.
    117. California Penal Code 171.7a1 PC.
    118. California Penal Code 171.7d PC. See also Hannah Wiley, Newsom signs gun laws that add new taxes and limit where owners can carry firearms, Los Angeles Times (September 26, 2023).
    119. See note 81. Kevin Rector and Matthew Ormseth, Federal judge again overturns California ban on high-capacity gun magazines, Los Angeles Times (September 22, 2023).
    120. California Penal Code 30315 PC.
    121. California Penal Code 30315 PC.
    122. California Penal Code 33410 PC.
    123. California Penal Code 22610 PC.
    124. See same.
    125. See same.
    126. California Penal Code 417.25 PC.
    127. See same.
    128. See same.
    129. See same.
    130. See same.
    131. California Penal Code 29805 PC.
    132. See California Penal Code 4852.01-4852.21 PC. See also the California Governor’s website, “Pardons.”
    133. See same.
    134. See same.
    135. PC 29180, et seq. SB 883 (2023). PC 30400. Lauren Egan and Shannon Pettypie, Biden targets ‘ghost guns’ and ‘red flag’ laws in new gun control measures, NBC News (April 8, 2021).