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California Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
California has some of the most restrictive gun control laws in the United States, including a 10-day waiting period for firearm purchases and restrictions on firearm ownership. Assault weapons and firearms often associated with mass shootings are banned.
The Giffords Law Center to Prevent Gun Violence rates California’s gun safety laws highly, giving them an “A” rating. Lawmakers face the challenge of balancing gun violence prevention with gun owners’ rights, particularly following recent U.S. Supreme Court rulings on the Second Amendment.
While states handle most day-to-day firearm regulations, federal laws apply nationwide. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), part of the U.S. Department of Justice, oversees federal firearms licenses and investigates license holders. Federal laws restrict possession of certain dangerous weapons and prohibit ownership by specific individuals, such as convicted felons.
California’s comprehensive gun laws aim to prevent illegal firearm use and possession. Initiatives like the Office of Gun Violence Prevention, established by Attorney General Rob Bonta, focus on reducing gun-related injuries and deaths.
California requires firearm buyers to obtain a Firearm Safety Certificate (FSC) by passing a written exam and being at least 18 years old. Concealed carry license holders and law enforcement officers are exempt.
Only licensed dealers may sell firearms, and buyers must provide personal information for the Dealers’ Record of Sale (DROS), which is retained by the California DOJ. There is a mandatory 10-day waiting period for background checks, extendable to 30 days if needed.
Buyers must perform a safe-handling demonstration in the presence of a certified instructor before taking possession of a firearm. Gun shows must adhere to strict regulations, including background checks for purchasers.
Certain individuals, such as convicted felons and those convicted of specific domestic violence offenses, are prohibited from owning firearms in California.
California requires a permit for carrying a concealed handgun. Applicants must be 21 or older, a state resident, and not disqualified by state or federal law. They must also complete an approved firearms safety course.
Concealed carry permits come with restrictions on carrying firearms in public places, including many sensitive locations like schools and airports. Recent legislation aims to expand these restrictions, though legal challenges have delayed implementation.
An entertainment firearms permit is available for filmmaking purposes, allowing certain regulations to be waived for up to one year.
California bans several dangerous weapons, including assault weapons and large-capacity magazines, with limited exceptions for military and law enforcement personnel.
Laws on safe firearm storage are designed to prevent access by children and prohibited individuals. Criminal penalties apply if a negligently stored firearm is accessed by a child or prohibited person, especially if it results in harm.
Firearms must be transported in a motor vehicle while unloaded and in a locked container or the trunk. Long guns must also be unloaded.
California’s gun laws are among the strictest in the country. Understanding these regulations is crucial to avoid potential felony charges for violations.
- Title 7: Of Crimes Against Public Justice
- Section 171b: Unauthorized possession of weapons in state or local public buildings or at government meetings
- Section 171c: Loaded firearms; bringing into the state capitol
- Section 171d: Firearms; possession at the governor’s mansion
- Section 171.5: Airports and passenger vessel terminals; prohibited items
- Section 171.7: Possession of prohibited items in a public transit facility
- Section 626.9: Gun Free School Zone Act
- Title 1: Preliminary Provisions
- Sections 16100–17360: Definitions
- Title 2: Weapons Generally
- Section 17512: Permitting a person to carry or bring a firearm into a motor vehicle
- Section 18170: Standing to file for gun violence restraining order
- Section 18175: Evidence; burden of proof; duration
- Title 3: Weapons and Devices Other Than Firearms
- Section 20150: Unlawful alteration of coloration and markings
- Section 20170: Unlawful display or exposure of imitation firearm in public
- Title 4: Firearms
- Section 23635: Firearm safety device requirements
- Section 23920: Prohibition on unmarked firearms or those with invalid serial numbers
- Section 24610: Manufacture or possession of undetectable firearms
- Section 25100: Criminal storage of firearms accessible to children
- Section 25200: Storage of firearms accessed by children or prohibited persons
- Section 25400: Carrying a concealed firearm
- Section 25850: Carrying a loaded firearm in public
- Section 26150: Application for concealed carry license
- Section 26165: Training requirements for licensees
- Section 26202: Disqualified persons
- Section 26230: Prohibited places for carrying firearms
- Section 26500: License required for firearm sales or transfers
- Section 27500: Prohibition on firearm sales to prohibited persons
- Section 29610: Minors; prohibition on handgun possession
- Section 29800: Specified convictions or warrants
- Section 29805: Specified convictions or warrants
- Section 30605: Possession of assault weapons
- Section 30610: Possession of .50 BMG Rifles
- Section 32310: Prohibition on large-capacity magazines
- Section 32625: Unauthorized possession of machine guns
With limited exceptions, the following are prohibited in California:
- Assault weapons
- .50 BMG rifles
- Containers camouflaging firearms
- Machine guns
- Short-barreled shotguns or rifles
- Multi-burst trigger activators (bump stocks)
- Undetectable firearms
- Cane guns, wallet guns, zip guns
- Large-capacity magazines (over 10 rounds)
- Silencers
- Body armor (if disqualified from firearm possession)
- Armor-piercing ammunition
- Flechette dart ammunition
- Explosive bullets
There is a 10-day waiting period to purchase a firearm.
California prohibits firearm or ammunition ownership for:
- Felony convictions
- Narcotic addiction
- Certain misdemeanor convictions (e.g., domestic violence)
- Individuals with outstanding warrants for firearm-prohibiting offenses
- Individuals under restraining or protective orders
- Individuals deemed mentally ill and dangerous
- Individuals found incompetent to stand trial or not guilty by reason of insanity
- Mentally disordered sex offenders
- Individuals under indictment for crimes punishable by over one year
- Those discharged from the military under dishonorable conditions
- Illegal aliens
- Individuals who renounce U.S. citizenship
- Fugitives from justice
Certain convictions may result in a temporary ban.
- Firearm Safety Certificate : Required to purchase a gun.
- Concealed Carry License : Required to carry a concealed firearm.
- Open Carry : Generally banned, with narrow exceptions in less-populated counties.
To obtain a concealed carry license, applicants must:
- Be at least 21 years old
- Pass a background check
- Complete a 16-hour firearms training course
- Meet state residency requirements
- Be the recorded owner of the firearm
- Not be disqualified under state law
Ownership of machine guns is illegal without a permit from the California DOJ, complying with federal law.
- Possession with a felony conviction : Felony, up to three years in prison and/or a fine up to $10,000.
- Possession when addicted to narcotics : Felony, up to three years in prison and/or a fine up to $10,000.
- Possession of an assault weapon : Can be charged as a felony or misdemeanor.
- Sale to a prohibited person : Felony, up to four years in prison and/or a fine up to $10,000.
Possession within 1,000 feet of a K-12 school is punishable by up to five years in prison.
California’s Red Flag Law allows family members, law enforcement, and others to petition the court for a gun violence restraining order if a person poses a significant risk of harm.
All firearm sales, purchases, and transfers must go through a licensed dealer for background checks.
California does not have a Stand Your Ground law, but courts have ruled there is no duty to retreat when faced with imminent danger.
