State Laws

California Gun Laws

     

California Gun Laws
According to California law, all firearm sales, gun show sales, loans, and transfers must go through a licensed California firearms dealer. This also includes the private sale of firearms. This process involves the licensed dealer to provide an application for transfer or sale before the firearm can be obtained. Along with a completed application, sufficient California identification or California driver's license must be provided along with a thumbprint. Additional proof of California residency must also be provided before sale. A copy of the application will then be sent to the California Department of Justice and the local chief of police.

The Department of Justice will then perform a background check on the prospective buyer for a certain fee. Ten days after the background check has been completed, the firearm will be delivered. Firearm dealers keep files of all firearm transfers. The firearm possession process from a dealer to a buy must be completed within thirty days or the purchasing process will need to be repeated.

Only one application for the purchase of a concealed revolver, pistol, or other firearm can be made within a thirty-day time period. No delivery can be made to an individual who has an application to purchase more than one firearm capable of being concealed in that time period. All those who transfer or purchase a handgun to another individual must have a Handgun Safety Certificate.

Waiting Period

A certain amount of time must be waited for the transfer of a firearm. In most circumstances it is ten days, but in particular cases a dealer application and the waiting period does not apply. These include other gun dealers, transfer to police officers, manufacturers, importers, infrequent gifts or transfer to an immediate family, infrequent temporary loan that shall not exceed thirty days, the transfer of a rifle or shotgun at auctions by public or nonprofit benefit corporations, and antique firearms, rifles, and shotguns that are classified through the federal government as relics or curios.

California Firearm Rights
California law states that anyone who has been convicted of a felony, anyone who is addicted to drugs, anyone who has been or currently is a mental patient, anyone who has even been committed for mental observation, or anyone who has been acquitted for reason of insanity may not possess or own any form of firearm. Firearms cannot be possessed within ten years by those who have been charged with specific misdemeanors that involve violence or force.

An adjudicated juvenile offender or delinquent for any offense classified as a felony or misdemeanor due to violence or force may not own or possess a firearm until the age of thirty. No minor may posses a handgun without written permission or parental or guardian supervision. Any minor under the age of sixteen may not possess a handgun unless given written permission or accompanied by a parent or guardian while legally participating in recreational activity.

A felony conviction in California that did not result in a prison sentence, may allow an individual to have firearm rights restored if the conviction is reduced to pursuant Penal Code 17B.

See also:
California Bankruptcy
California Divorce
California DUI Laws
Proposition 36 (California) External link (opens in new window)
California Misdemeanor External link (opens in new window)
Summit Defense External link (opens in new window)