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Home » Blog » An Overview of Gun and Weapons Laws in California
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An Overview of Gun and Weapons Laws in California

By Legal Desire 6 Min Read
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California is a state known for progressive politics, and among those, the state has some of the toughest gun laws in the country. Within the California penal code and violations regulations, you’ll find laws that specify requirements for buying and possessing firearms as well as other weapons.

The state also recently passed more gun laws in response to the Parkland school shooting. So what exactly are the laws in California regarding guns and weapons?

Background Checks

The law in California requires a background check for all gun purchases. If someone is going to be buying at a gun show or through another non-commercial vendor, they have to be referred to a licensed dealer. Starting in July 2019, California will also require background checks to purchase ammunition. As the law stands currently if you buy ammunition you have to receive it from a licensed dealer. That dealer can charge a processing fee.  

This is more stringent than current federal law, which requires background checks only when purchases are made from licensed commercial dealers. If you purchase from a gun show or it’s a private party transaction background checks aren’t required federally. No background checks are required to purchase ammunition at the federal level.

Waiting Period

There is a required 10-day waiting period in California that must take place between an order being made and a delivery. Only one handgun can be purchased every 30 days in California, but this restriction isn’t placed on shotguns or rifles. Federally there isn’t a required waiting period, and there isn’t a purchase limit on handguns.

Concealed Carry

California is described as a “may issue” state when it comes to concealed carry permits. A person may be given a permit or denied at the discretion of a county sheriff or a chief of police in an incorporated city. The state doesn’t recognize concealed carry permits issued by other states.

When a person applies for a concealed carry permit, they have to show proof of what’s called good moral character, and they have to show a good cause for getting the permit. Just how difficult it is to get a concealed carry permit depends largely on the county and part of the state someone is applying in. In the rural counties, it’s usually much easier than it is to get one in cities like Los Angeles and San Francisco.

To get a concealed carry permit, you have to complete a training course as well.

Assault Weapons

The law in California prohibits the sale of guns that are characterized as assault weapons within the state. This was originally enacted in 1989, and it bans a lot of both automatic and semiautomatic weapons. Certain gun features are also banned in California. This includes rifles that have detachable magazines and features such as forward grips or flash suppressors.

If someone bought an assault weapon before the ban was enacted, those remain legal if the weapon is registered. Bump stocks and machine guns are banned at the state level in California.

Felon Laws

In California penal code, some restrictions prohibit certain people from owning, possessing or purchasing a gun. It usually refers to felons, but the law can apply to people who are convicted of certain misdemeanors as well.

If you have any prior felony conviction or are addicted to any narcotic, you are prohibited under California law from having or buying a gun. If you are two or more misdemeanor convictions related to brandishing a weapon, you are also prohibited from having or buying a gun.

If you are someone the state prohibits from buying, possessing or using a gun and you’re caught doing so, there are significant penalties. This can include a maximum sentence of three years in county jail, a fine of up to $10,000 or both a jail sentence and a required fine.

What About Stun Guns?

Some people wonder about the possession of stun guns in California. It’s legal at the state level to have a so-called stun gun, which is also known by the brand name Taser. However, there are exceptions to this legality as well. For example, if you are a minor under the age of 16, you can’t buy a stun gun. If you have been convicted of a felony, you also aren’t allowed to have a stun gun in California.

If you are addicted to any narcotic, or you’ve been convicted of a crime involving the misuse of a stun gun, you’re also prohibited from having one in the future.

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Legal Desire January 25, 2019
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