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Home  ›  How Many Guns Are Registered In California

How Many Guns Are Registered In California

Written By Sunday, June 5, 2022 Add Comment Edit

Summary of California Gun Laws

California gun laws permit nigh adults age 21 and older to buy, own, and possess firearms. Several state laws, however, limit this right and restrict sure groups of people from acquiring or possessing a firearm. Examples include convicted felons and narcotics addicts.

Further, licensed gun dealers cannot practise any of the following in relation to a person under the age of 21:

  • sell a gun,
  • supply a gun, or
  • transfer a gun.

Note that one time a person possesses a gun, State laws impose many requirements as to:

  • the transportation of firearms, and
  • the storage of firearms.

Further, California's gun laws make information technology a crime for a person to acquit a concealed firearm or curtained weapon. This crime, notwithstanding, volition non get charged if a person has a lawful concealed carry let.

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

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

Penal Code 16590 is the California statute that bans a person from 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 Lawmaking 30600 PC. The police force specifically prohibits a person from doing the following with these firearms:

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

Penal Lawmaking 30605 PC makes it a law-breaking for a person to possess these weapons. (Notation that on June 4, 2021, a federal guess overturned California'southward ban on assault weapons on the grounds that it violates the constitutional right to bear arms under the 2d Amendment. But set on weapons remain illegal in California while the land appeals the ruling.)

Notation that there are six places in California where a person cannot bring a firearm. 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. authorities buildings, per Penal Lawmaking 171c PC,
  4. the Governor'southward mansion, per Penal Lawmaking 171d PC,
  5. airports and passenger vessel terminals, per Penal Lawmaking 171.5 PC, and
  6. public transit facilities, per Penal Code 171.7 PC.

In add-on to covering guns, California's firearm laws also utilize rules and restrictions to the following:

  1. armor-piercing bullets, per Penal Lawmaking 30315 PC,
  2. silencers, per Penal Lawmaking 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 a person losing his/her correct to own, purchase, and possess a gun. If stripped of these rights, the person can attempt to restore his/her gun rights. This is virtually ofttimes achieved by:

  1. getting a wobbler felony reduced to a misdemeanor, and
  2. receiving a pardon from California'due south Governor.

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

  • ane. Who is (and isn't) immune to accept guns in California?
    • 1.1. People prohibited from possessing a gun
    • 1.2. Firearm Safe Certificates
  • two. What is the procedure for buying, selling, and registering guns?
    • 2.1. Buying
    • 2.2. Selling
    • 2.three. Registering
  • iii. Are there rules about transporting and storing firearms?
    • 3.1. Transporting
      • 3.1.1. Handguns that tin can be concealed
      • 3.1.2. Firearms that cannot be curtained
      • 3.1.3. Assault rifles
    • iii.2. Storing
      • iii.2.1. Child present
      • iii.ii.2. Storage with prohibited person
  • 4. Who is immune to carry a concealed weapon?
    • 4.1. Penal Code 25400
    • four.ii. Concealed carry permit
  • 5. Is anyone immune to open conduct?
  • 6. Are certain types of firearms illegal altogether?
  • 7. What about attack weapons?
    • seven.i. Penal Code 30600
    • seven.ii. Definition of assail weapons and .50 BMG rifles
  • eight. Are in that location places where guns are prohibited?
    • viii.ane. 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 rider vessel terminals
    • 8.6. Public transit facilities
  • 9. What are the rules on ammunition and gun accessories?
    • 9.1. Big capacity magazines
    • 9.2. Armor-piercing ammunition
    • 9.3. Silencers
    • 9.four. Stun guns
    • 9.5. Laser scopes and light amplification by stimulated emission of radiation pointers
  • 10. How can I restore gun rights after a criminal conviction?
  • 11. What are some California offenses that involve firearms?
  • 12. Are ghost guns legal in California?

gun laying on american flag

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

1. Who is (and isn't) allowed to take guns in California?

The 2nd Amendment to the U.s.a. Constitution provides people with the right to acquit arms.

Further, California gun laws permit about adults age 21 and older to:

  • purchase,
  • 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.i. People prohibited from possessing a gun

The post-obit people are generally prohibited from buying or possessing a gun in California:

  1. convicted felons,1
  2. narcotic addicts,2
  3. persons with ii or more convictions under Penal Code Section 417 PC, California's law against brandishing a weapon,iii
  4. persons 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. persons who suffer from mental illness,5 and
  6. people under xviii (this grouping of people, though, can own a BB gun if they have parental consent).6

Note that California's red flag constabulary as well allows coworkers, employers, and teachers to seek restraining orders to remove guns from the possession of potentially unsafe people.7 These orders are sometimes referred to as "gun violence restraining orders," or GVROs.

As well note that if a person is prohibited from owning a gun, so he/she is too prohibited from owning any ammunition.eight

If a person does not fall into one of the above-prohibited categories, so he/she tin can legally buy and possess a gun.

These persons may legally proceed a gun within their business firm or a place of business that they own. Gun owners may also legally deport a gun from place to identify provided that it is in a locked container.nine

ane.2. Firearm Safety Certificates

Per Penal Code 26840 PC, any person who acquires a firearm must accept a Firearm Prophylactic Certificate (FSC).10 In the case of a handgun, it is permissible if the owner has an expired handgun safety certificate.11

The above statute applies unless a person is exempt nether the law from having to have a certificate. An instance of an exempt person is someone that:

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

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

man behind counter at gun store

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

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

The State of California'due south firearms laws impose certain rules and restrictions with regards to the:

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

2.1. Buying

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

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

State police force imposes a 10-solar day waiting catamenia before a seller can release or transfer a gun to a buyer and allow that person to take gun ownership.14

Per Penal Code 27510, a licensed dealer cannot do any of the post-obit 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 employ. For case, a dealer can sell or transfer a gun to a person under 21, just over the age of 18, when,

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

The DROS process requires purchasers to present a licensed dealer with clear bear witness of his/her age at the time of buying a gun. This evidence may include:

  • a valid California commuter's license,
  • a valid California identification card, and
  • a war machine identification bill of fare with a copy of permanent duty station orders.17

Purchasers of handguns also have to provide proof of California residency. This tin can be done by fashion of a:

  • utility nib,
  • residential lease,
  • property deed, or
  • authorities-issued ID.xviii

Also, with handguns, note that there is no limit on the full number of handguns that a person can buy. However, almost buyers cannot purchase more than than one handgun in any 30-day catamenia.xix

Note that a "handgun" includes items like:

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

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

two.2. Selling

Penal Code 26700 PC sets forth the requirements to exist a licensed dealer of firearms. If a person satisfies all of the requirements, then he/she tin get a licensed dealer.20

Some of these requirements include that gun dealers:

  • have a valid firearms license imposed nether federal police force,
  • accept any regulatory or concern license, or licenses, required past local government, and
  • have a valid seller's allow issued by the State Board of Equalization.21

Federal law requires federally licensed firearms dealers (simply not private sellers) to initiate a groundwork 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 they are all required to perform groundwork checks.

Run across California'due south Bureau of Firearms' website for any new laws regarding when DOJ must complete a groundwork bank check during COVID-19.

Federal police prohibits a person from acquiring or possessing a gun if he/she:

  • has been convicted of sure crimes, or
  • is subject to a courtroom 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

Violators face to:

  • one year in county jail, and/or
  • a maximum fine of $1,000.25

2.3. Registering

A person tin can register a gun in California by completing and submitting a Firearm Ownership Report (FOR) Awarding.26 A completed report is an owner's annunciation that he/she is the gun'due south truthful possessor.

A FOR Application is not required for well-nigh guns/gun owners under the State'due south firearm laws. Firearms become registered by a gun dealer during the sale of a firearm.

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

3. Are there rules nearly transporting and storing firearms?

Once a person buys or acquires possession of a firearm, California law imposes several public safety requirements when a person:

  • transports the gun, and
  • stores the gun.

3.one. Transporting

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

  • a handgun that can be curtained,
  • a firearm that cannot be curtained, or
  • an attack rifle.

3.1.ane. Handguns that can be concealed

To lawfully transport a handgun in a vehicle, California residents must ensure that information technology is:

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

It is ever a criminal offense to send a loaded firearm.

Gun ammo tin exist either stored in:

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

Owners of guns must adhere to these rules no matter if they are:

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

3.1.ii. Firearms that cannot be concealed

Land law says that firearms that cannot be concealed must be unloaded when a person transports them29

Typically, local laws say that non-concealable firearms do not have to exist in a locked container. U.s. federal police, though, says that some types of firearms do have to exist in a locked container or in a gun rack when in a schoolhouse zone.thirty These are zones located within 1,000 anxiety of the grounds of a K-12 schoolhouse.31

Note that firearms that cannot be curtained include:

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

3.1.three. Assail rifles

When transporting an assault weapon, Californians must ensure that information technology is:

  1. unloaded, and
  2. stored in a locked container.32

Further, note that assail weapons can but be transported to and from certain places. For instance, a person may simply ship these guns to:

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

Semi-automatic rifles are examples of assault rifles.

3.2. Storing

California'southward attorney general provides several recommendations on gun storage. The attorney general encourages gun owners to:

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

Additional safety measures will utilise in the issue 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 beingness stored.

3.2.1. Child present

Per Penal Lawmaking 25100 PC it is a law-breaking for a gun owner to:

  1. store a loaded firearm in a dwelling, or within an area of the owner'south control, and
  2. practice and then when the owner knows, or should know, that a child could access it without a parent's permission.35

This means if a gun owner knows that a child can admission a stored gun, he/she should:

  1. brand certain that it is unloaded, and
  2. store it in a place exterior of the child's access (similar a locked container).

A violation of the higher up law is a misdemeanor offense. The criminal offence is punishable by up to ane year in county jail. This penalty will increase if a child accesses the weapon and causes:

  • harm,
  • groovy actual injury, or
  • death.36

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

3.two.ii. Storage with prohibited person

Penal Code 25100 PC besides makes it a criminal offense for a gun owner to:

  1. store a loaded gun in a home, or within an expanse of the owner'south control, and
  2. practice so when the owner knows, or should know, that a person prohibited from possessing a firearm could access it.38

This means if a gun owner knows that an developed who cannot possess a gun tin access the weapon, he/she should:

  1. brand 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 equally a misdemeanor. The offense is punishable by up to ane year in county jail.

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

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

In such cases, the law-breaking can be charged as a felony and atomic number 82 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

pistol inside man's waistband - California gun laws no longer allow for this type of open carry

Penal Code 25400 PC makes it a crime for a person who does not have a CCW to deport a curtained weapon.

iv. Who is allowed to comport a curtained weapon?

Penal Code 25400 PC is the California statute that makes it a criminal offence for a person to comport a concealed weapon.

However, the statute volition not apply if a person has a lawful concealed carry permit, or "CCW." This means a party can legally carry a concealed weapon if he/she has obtained a CCW.

4.1. Penal Code 25400

PC 25400 makes it a criminal crime for a person to carry a curtained weapon.

A prosecutor must prove the following to convict a person nether this statute:

  1. the defendant curtained a firearm on his/her person or in a vehicle,
  2. the defendant knew nearly the presence of the concealed gun, and
  3. the firearm was substantially curtained.42

Equally to the 2nd element higher up, it is a legal defence to this criminal offence if the accused did not know of the presence of a weapon. For example, a defendant is not guilty if he was in a friend'south car and did not know that in that location was a gun nether his seat.

A violation of this police force is charged as a misdemeanor.43 A conviction is punishable past:

  • custody in canton jail for upwardly to one twelvemonth, and/or
  • a maximum $1,000 fine.44

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

  1. the defendant has a prior felony conviction or conviction for a California firearm crime,45
  2. the firearm is stolen and the defendant knew, or had reasonable cause to believe, that information technology was stolen,46
  3. the accused was actively involved in a criminal street gang,47
  4. the defendant unlawfully possessed the firearm,48
  5. the defendant was prohibited from possessing a firearm nether Penal Lawmaking 29800 PC, California'southward felon with a firearm police,49 or
  6. the accused was prohibited from possessing a firearm nether Penal Code 29900 PC for committing a violent offense.fifty

As to number one to a higher place, notation that a defendant volition serve a minimum of 3 years in county jail if:

  • he/she carried a curtained weapon, and
  • has a prior firearm crime.51

This includes prior convictions under:

  • Penal Code 245a1 PC, set on with a deadly weapon,
  • Penal Lawmaking 246 PC, shooting at an inhabited home business firm or car, and
  • Penal Code 417 PC, California's brandishing a weapon law.52

Equally to number six above, offenses deemed "vehement" for purposes of this section include (merely are not limited to):

  • murder,
  • rape,
  • lewd acts on a child,
  • robbery,
  • kidnapping, and
  • carjacking.53

Felony carrying a concealed firearm is punishable past:

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

4.2. Curtained carry permit

A concealed acquit allow is the only means past which ordinary citizens may legally carry concealed firearms in public in California. Absent a CCW, it is a crime to deport 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 upshot a CCW:

  • a canton sheriff,55 or
  • the chief or other caput of a municipal police department.56

A person must prove the post-obit in order to receive a CCW:

  1. he/she is of good moral character,
  2. good cause exists for issuance of the license because the person, or a family member, is in immediate danger,
  3. he/she meets certain residency requirements, and
  4. the person has completed an acceptable course on firearms preparation.57

If someone receives a permit to conduct a concealed firearm, he/she may legally conduct a loaded, concealed gun. Yet, the person with the permit must comply with the terms and atmospheric condition outlined in the permit.

Notation that in that location was some contempo doubt about the constitutionality of California's laws on CCW permits. In 2014, the court ruled that that the "good crusade" requirement to obtain a CCW violated the 2nd Amendment right to bear artillery.58

But in June 2016, the courtroom overturned this finding. The courtroom ruled that in fact, the Second Amendment does non apply to concealed firearms, and thus in that location are no constitutional rights implicated by California's "skilful cause" requirement.59

Farther, the United States Supreme Courtroom (sitting in Washington, D.C.) refused to consider a claiming to California's concealed behave law.60 So police-constant gun owners can still conduct a concealed handgun if they obtain a CCW.

5. Is anyone immune to open bear?

It is more often than not a crime for a person to openly bear 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 for people to carry a loaded, exposed handgun.62

Note as well that the laws regarding the open carry of firearms may alter. In 2018, a court ruled that the Second Amendment guarantees the open carry of a gun.63 This conclusion, yet, was appealed and the court will be rehearing the case later in 2020.64

Carrying an unloaded handgun in public is a misdemeanor.65 Nearly violations are punishable past:

  • up to ane year in county jail, or
  • a fine of upward to $1,000.66

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

  • custody in county jail for upward to ane yr, and/or
  • a maximum fine of $ane,000.68

Notation, though, that aggravating factors tin make the crime a wobbler law-breaking. This ways a prosecutor can charge the offense as either a misdemeanor or a felony.

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

6. Are certain types of firearms illegal altogether?

Penal Lawmaking 16590 is the California statute on "mostly prohibited weapons." The police bans certain firearms and firearm accessories.

More specifically, the statute makes it a criminal offence for a person to practise any of the following with these guns/add-ons:

  • manufacture them,
  • import them into the state,
  • go on them for sale,
  • offer them for sale,
  • requite them abroad,
  • lend them, or
  • possess them.seventy

A "generally prohibited weapon" includes the following guns, equipment, and armament:

  1. curt-barreled shotguns and rifles, too illegal per Penal Code 33215 PC,71
  2. undetectable firearms, also illegal per Penal Lawmaking 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 pocket-size case), also illegal per Penal Lawmaking 17330 PC,76
  7. zilch guns (or a cheap makeshift firearm made past miscellaneous cloth), too illegal per Penal Code 33600 PC,77
  8. camouflaging firearm containers, as well illegal per Penal Code 24310 PC,78
  9. bullets containing explosive agents, besides illegal per Penal Code 30210 PC,79
  10. multiburst trigger activators – likewise illegal per Penal Code 32900 PC,80 and

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

If a misdemeanor, the offense is punishable by:

  • custody in county jail for upwardly to one year, and/or
  • a maximum fine of $ane,000.82

If a felony, the criminal offense is punishable by:

  • imprisonment in jail for up to 3 years, and/or
  • a maximum fine of $10,000.83

Note that large-chapters ammunition magazines are illegal in California.84 In 2021, the Ninth Circuit held that Penal Lawmaking 32310 PC – which bans LCMs – does non violate self-defense laws.85

7. What about assault weapons?

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

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

vii.one. 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 utilise to the possession of these weapons. Possession of these types of guns, however, is a offense under Penal Code 30605 PC.

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

A defendant is simply guilty under PC 30600 if he:

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

Notation that Senate Bill 61was signed into law in 2019. Information technology adds two new laws with regard to assault weapons in California. The beak does the following:

  1. limits the purchase of these guns to 1 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 let to manufacture these weapons, and
  • and so sell them to constabulary enforcement agencies or military agencies.

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

A violation of PC 30600 is charged as a felony. The offense is punishable past:

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

Note that a guilty defendant volition receive an boosted one-year jail term if he:

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

an assault weapon or BMG rifle to a small-scale.xc

As to the possession of an assault weapon, a violation of Penal Code 30605 is a wobbler offense in California. This means information technology tin exist charged every bit either a misdemeanor or a felony.

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

  • imprisonment in canton jail for upward to one twelvemonth, and/or
  • a fine of up to $i,000.91

If charged equally a felony, the offense is punishable by imprisonment in the canton jail for up to 3 years.92

7.2. Definition of attack weapons and .50 BMG rifles

An set on weapon is a weapon that is identified every bit such in a California statute.93

For example, Penal Code 30510 PC lists over lxx 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 likewise 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 assail weapon or a machine gun.

It is a centerfire rifle that tin burn down 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 example base diameter for the cartridge is from .800 inches to, and including, .804 inches.96

8. Are in that location places where guns are prohibited?

There are six places in California where guns are prohibited. These are:

  1. school grounds,
  2. public buildings and meetings open to the public,
  3. government buildings,
  4. the Governor's mansion,
  5. airports and rider vessel terminals, and
  6. public transit facilities.

8.i. School grounds

Penal Code 626.9 PC is California'south Gun-Free Schoolhouse Zone Human action. The statute prohibits anyone from possessing a gun on or virtually schoolhouse grounds.97

More specifically, the police makes it a crime to:

  1. possess a firearm in or on the grounds of a public or private Yard-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 academy.100

A violation of these laws can issue in a jail judgement of up to seven years.101

8.2. Public buildings and meetings open up to the public

Penal Code 171b PC is the California statute that makes it a crime for a person 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 4 inches,
  • tear gas weapon,
  • taser or stun gun, and
  • BB or pellet gun.103

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

Note that this statute may non necessarily apply to:

  1. those personnel that transport weapons into a court of law to be used every bit evidence,
  2. law officers and law enforcement officers,
  3. persons belongings a valid license to deport 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 every bit either a misdemeanor or a felony.106

If charged as a misdemeanor, the criminal offence is punishable by imprisonment in the county jail for up to ane year.

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

eight.three. Government buildings

Penal Lawmaking 171c PC makes information technology a crime for a person to bring a loaded firearm into whatsoever of the following:

  • the Land Capitol,
  • whatsoever legislative office,
  • whatsoever hearing room in which whatever 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

A violation of this statute is a wobbler. This ways it can be charged every bit either a misdemeanor or a felony.

A misdemeanor confidence can bring a county jail judgement of up to one year.108

A felony conviction tin 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 offense for a person to possess a loaded firearm inside or on the grounds of:

  • the Governor'south 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 upwards 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 Lawmaking 171.5 PC makes it a crime for a person to possess, within any sterile area of an airport or a passenger vessel final:

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

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

  • up to six months in county jail, and/or
  • a fine of up to $1,000.114

8.six. Public transit facilities

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

  • a firearm,
  • an false firearm,
  • a taser or stun gun,
  • a BB or pellet gun, or
  • a spot marker or pigment gun.115

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

Public transit facilities ship 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 constabulary is charged as a misdemeanor. The crime is punishable by:

  • up to six months in county jail, and/or
  • a fine of up to $ane,000.118

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

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

  1. large capacity magazines,
  2. armor-piercing magazines,
  3. silencers,
  4. stun guns,
  5. light amplification by stimulated emission of radiation scopes and laser pointers.

nine.one. Big capacity magazines

As mentioned above (Section 6), large-capacity magazines are at present legal in California. "Large-capacity magazines" are those that tin generally concord ten rounds of armament or more.119

nine.2. Armor-piercing ammunition

Penal Code 30315 PC is the California statute that makes information technology a crime for a person 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 criminal offense, meaning information technology can be charged as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by upwards to one yr in county jail.120

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

nine.three. Silencers

Per California Penal Lawmaking 33410 PC, it is a crime for a person to possess a silencer.

A violation of this statute is charged every bit a felony. The criminal offense is punishable by:

  • custody in county jail for up to three years, and/or
  • a fine non to exceed $10,000.122

9.4. Stun guns

It is legal in California for nearly people to own a stun gun.

However, Penal Code 22610 PC makes information technology illegal for certain people to purchase, use, or possess a stun gun. These people include:

  1. anyone bedevilled of a felony, any crime involving assault, or any crime involving the misuse of a stun gun under PC 244.5,
  2. narcotic addicts, and
  3. minors, unless he/she is at least sixteen years of age and has the written consent of his/her 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 every bit misdemeanors, punishable by:

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

9.5. Light amplification by stimulated emission of radiation scopes and laser pointers

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

Note that "threatening manner," means that the pointing of the scope or light amplification by stimulated emission of radiation instills fright of bodily harm in the other person.127

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

A "light amplification by stimulated emission of radiation arrow" is a hand-held laser beam device that emits a single point of low-cal, 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 upward to xxx days.130

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

ten. How can I restore gun rights afterwards a criminal conviction?

Every bit stated above (Department 1.1), felony convictions and convictions of certain misdemeanors event in a person losing his/her right to:

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

These people must relinquish their gun(s) following a conviction.

A felony confidence means a person will lose his/her gun rights for life.

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

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

  • stalking, per Penal Code 646.ix PC,
  • bombardment, per Penal Lawmaking 242 PC,
  • brandishing a weapon, per Penal Lawmaking 417, and
  • making criminal threats, per Penal Lawmaking 422 PC.

Despite these rules, many people bedevilled of a crime can endeavour to restore his/her gun rights. This can exist 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 a person volition not face a lifetime ban on guns (because the felony conviction is reduced).

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

  • he/she lives exterior California, or
  • he/she was convicted of certain misdemeanor sex offenses.133

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

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

Note that California'southward Governor has complete discretion to grant or deny pardon requests.

eleven. What are some California offenses that involve firearms?

At that place are several California crimes that involve firearms. In addition to the ones mentioned to a higher place, some others include:

  • inflicting bodily injury while brandishing a gun, per Penal Lawmaking 417.half-dozen PC,
  • California'due south "drive-past shooting" law, per Penal Code 26100 PC,
  • personal utilise of a firearm in the commission of a felony, per Penal Lawmaking 12022.5 PC,
  • the "10-20-life 'use a gun and you're done'" constabulary, per Penal Lawmaking 12022.53 PC,
  • sentencing enhancement for criminal street gang participation, per Penal Lawmaking 186.22 PC,
  • commission of a firearm felony while possessing metal-piercing armor or wearing a bullet-proof belong, per Penal Lawmaking 12022.two PC,
  • employ of a gun during the committee of sex crimes, per Penal Code 12022.3 PC, and
  • aiding or abetting a felony with a firearm, per Penal Code 12022.4 PC.

12. Are ghost guns legal in California?

People who assemble their own guns in California accept to employ for a serial number to braze to the gun. Otherwise, information technology is still legal to buy gun parts and assemble them without a background check.135 However, federal law may soon crave that gun parts have their own serial numbers, and for people to have to pass background checks in order to purchase gun parts.136

For additional aid…

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Call our law firm for aid…

For additional guidance or to talk over your example with a criminal defence force attorney, nosotros invite you to contact u.s.a. at Shouse Law Group. Our firm provides trusted legal advice and serves clients throughout California, including those in San Francisco, Los Angeles, and San Diego. We offer discount rates and payment plans during the coronavirus pandemic.

For information on gun laws in Nevada and Colorado, delight encounter our manufactures on:

  • "Nevada Gun Laws – with 2022 updates," and
  • "Colorado Gun Laws (with 2022 updates)."

Legal References:

How Many Guns Are Registered In California,

Source: https://www.shouselaw.com/ca/defense/gun-laws/

Posted by: wardoffeir.blogspot.com

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