California Gun Laws

Last Updated: May 3, 2020 Disclaimer:  While the information provided here is legal in nature, it is not to be construed as legal advice, and is for educational and entertainment purposes only.   With the amount of gun laws constantly being proposed and changed at the federal and state levels, it can get confusing trying to keep track of the ones that affect you and your gun rights. Unfortunately, in a notoriously gun-hating state like California, you’ll have to jump through quite a few hoops before you’re allowed to buy and own a firearm. Luckily for you, we’ll go over everything you need to know to navigate the maze of California gun regulations to help you buy a gun and defend your freedoms!

Buying a Handgun

Are you sitting down?  If you’re reading this on your phone, you might want to sit down before we go any further, because your legs might get tired by the time you’re done reading everything you need to know.   To buy a handgun in California, you must:

• Be 21 or older;
• Provide a CA driver’s license or ID, along with a right thumbprint;
• Have a background check performed by a licensed firearms dealer;
• Provide proof of residency; and
• Provide a Firearm Safety Certificate.

Doesn’t seem too bad right?  The age, ID, and background check requirements are similar to those of other states, since it’s mostly just following the requirements from the federal level.  What is different, however, is where things get messy.

Which Gun to Buy?

The state of California decided that its residents had enough to worry about when buying handguns, so it has restricted the types of handguns that can be purchased by civilians.  The list of guns, known as the Handgun Roster, is a list of handguns that are approved by the CA Department of Justice (DOJ). The guns you’ll see on the roster are typically older model guns, since the state has placed very strict requirements on new guns that can be added to the list.  Basically, all you need to know is that the guns the state allows you to buy are old guns that aren’t even sold anymore in free states like Arizona and Alaska.  Want a Gen5 Glock?  Here’s a Gen 3 you can buy instead. What this means is that you’ll need to check the Handgun Roster before you head to your local gun store to buy a gun, because there’s a good chance that shiny new gun you saw a review about isn’t available for purchase in California.   If you want to be clever and buy an unfinished handgun frame or other firearm parts, starting in 2024, you’ll also have to purchase them through a “firearm precursor parts vendor”– i.e. a person or business that has a valid California firearms precursor part vendor license. This is most likely your local gun store.

Background Check

Once you’ve decided on the gun that you want to buy, you’ll have to go through the next step, the background check.  The background check also allows the firearms dealer to record the sale (i.e. keep a record of your firearms purchases), and is more commonly referred to as the DROS (Dealer Record of Sale).   No matter whether you are buying from a private seller or your local gun store, you’ll need to have the gun store perform a background check on you. That means, even if you decide to buy someone’s used 1911 on Craigslist, you’ll need to meet the seller at a licensed firearms dealer (usually a local gun store), and have the dealer perform a background check. As part of the background check, you’ll also need to provide proof of residency.  This can be anything that shows you are a California resident. A proof of residency document can typically be:

• A utility bill from within the last 3 months;
• A signed (and notarized) residential lease agreement;
• A property deed; or
• Military permanent duty station orders indicating assignment in California.

You’ll need to make sure the address on your proof of residency is the same as the address on your driver’s license too, or else it’s no good.

Hold On…

Of course, you’ll want to make sure you’re allowed to buy a firearm before you even go through this whole process. Lifetime prohibitions on firearm purchase and ownership apply to anyone

• Convicted of a felony or violent offense including:
  • Murder or voluntary manslaughter;
  • Mayhem;
  • Rape;
  • Lewd acts on a child under 14;
  • Any felony punishable by death or imprisonment for life;
  • Attempted murder;
  • Assault with intent to commit rape or robbery;
  • Assault with a deadly weapon;
  • Misdemeanor domestic violence offense;
  • Battery on a spouse, cohabitant, or person currently or previously dated or engaged in a relationship with;
  • Kidnapping;
  • Robbery; or
  • Carjacking
• Committed for a mental health issue more than once in a year; or
• Found to be a danger to themselves or others.

Juvenile prohibitions on firearms purchases and ownership apply to juveniles adjudicated wards of the juvenile court, and cannot purchase or own firearms until they turn 30. Aside from those situations, you’ll also need to make sure you aren’t:

• Charged with a felony offense;
• Voluntarily a patient in a mental health facility;
• Under a gravely disabled conservatorship;
• Addicted to narcotics; or
• Are subject to a protective order.

Those of you who read this article previously may notice that there are no longer any five or ten-year prohibitions. All the previous time-limited prohibitions have now become lifetime prohibitions. It’s all or nothing now, so don’t break the law! Hopefully none of these apply to you, so you can continue through the gauntlet to buy your handgun!

Certified Safe!

Once you meet the background check requirement, you’ll also have to provide a Firearms Safety Certificate (FSC) to the person doing the background check (i.e. the gun store employee).  This certificate is basically a small card that you are given once you pass the Firearms Safety Exam given by the California Department of Justice.   The FSC exam is not too difficult, and just goes over the basic firearms safety rules, including safe storage of firearms when not in use.  All you need to know is in the California Firearms Safety Guide, that is available from the CA DOJ website. You can take the exam at any local gun store, and need to score at least 75% to pass.  On the 30 question test, you can only get 7 questions wrong.  If you fail the test, you will need to wait 24 hours before you can take it again. Once you pass the test, you will be given an FSC, which has to be presented when you buy a firearm in California.  The downside, in addition to needing a permit from the state to buy a firearm, is that it has to be renewed every 5 years.   Fortunately, there are some exceptions to having the FSC.  If you are a military or peace officer, or retired peace officer, you won’t have to provide an FSC when you buy firearms.  Anyone who is licensed to carry concealed in California also does not have to present an FSC.  Instead, you’ll need to show your CCW permit when you buy a firearm.

The Waiting Game

Once you’ve done all of that, you’re good to go!  Sort of.  After paying for your handgun, you’ll actually need to wait 10 days before you can pick it up.  And of course, this applies to both guns purchased from the store, and one that you bought from a private seller.   There is no exception to this waiting period, even if you have already purchased guns previously.   After the 10 days, you can go to the gun store and pick up your handgun. Well, almost.  You’ll have to do one last step of going through a safety handling demonstration.  Essentially, you’ll need to show that you know how to unload and load your firearm in a safe manner.  Of course, depending on the type of handgun you buy, the steps will be slightly different. Specifically, the steps of the safe handling demonstration involve:

• Unloading the firearm;
• Visually inspecting to ensure the firearm is unloaded;
• Remove any locking devices (if necessary);
• Load a single dummy round into the firearm (either directly, or into a magazine that is then inserted into the firearm);
• Unload the dummy round; and
• Place any locking devices back on the firearm if necessary.

If you are in the military or are a peace officer (or retired peace officer), then you can avoid having to go through a safe handling demonstration.  Saves you a few minutes, I guess.

One More Thing

For those of you still paying attention, you’ll notice the safety demonstration mentions locking devices.  All firearms purchased in California must have a CA DOJ-approved safety device.  This is either a trigger lock, or some other type of lock that makes the firearm unusable when the device is engaged. The requirement is not a big deal, except that every firearm purchased has to have a safety device.  If you buy a new gun from your local gun store, the manufacturer usually includes a locking device with the gun.  If you are buying a gun through a private sale, however, you will need to either have a locking device from the seller, or provide your own. Unless you can provide evidence of an approved gun safe, you’ll need to show that you purchased a firearm safety device in the last 30 days.  That, or you’ll have to pony up and buy one from your gun store on the spot.  Once you jump through all of those hoops, you can finally take your handgun home! If for some reason you aren’t already waiting at the counter of your local gun store right as the 10-day waiting period is over, you have a maximum of 30 days from when you submitted the background check to pick up your firearm. Any longer than that, and you’ll have to repeat the process all over again. Every single step.

If this all sounds like a hassle, then you could at least make it less painful by just buying a bunch of handguns each time, right?  Absolutely not.  You can only purchase one handgun or long gun every 30 days. This does not mean you can start the DROS on the next handgun you want to buy 21 days after you pick up your first handgun.  You have to wait until the 31st day after the initial DROS before you can even start a new DROS process. One important thing to keep in mind is that this 30-day rule applies to all handguns and long guns, regardless of whether you are purchasing a new gun or just having one transferred to you.

Keeping It in the Family 

The process for transferring your firearms to family members is not as bad as a typical purchase, fortunately. If you are transferring a firearm between family members of the “immediate family” then you do not have to have a background check done.  Your “immediate family” includes your spouse or domestic partner, parents, children, grandparents, and grandchildren.  However, your siblings are not included.  Keep in mind also, that the person you are transferring the gun to will need to have an FSC.   Even with this transfer, however, you’ll need to report the change of ownership within 30 days of the transfer, by reporting it to the CA DOJ, usually through their website.

What About The Children?

It’s also important to keep in mind that anyone under 18 is not allowed to even possess a handgun or live ammunition except in very specific instances. A person under 18 can possess a handgun or live ammo only if the minor is accompanied by his parent or legal guardian, or is accompanied by an adult and has written permission from his parent or legal guardian, and is participating in sporting, ranching, hunting, or a movie, tv or other entertainment event.

I Just Want to Look at It 

If you want to just borrow a firearm from a friend, you will need an FSC also.  If you are only borrowing for three days or less, and the person loaning you the gun is in your presence during the entire time, then you do not need an FSC.  

Don’t Forget About Long Guns!

After going through all of that just to buy a handgun, you might as well go all the way and buy some long guns while you’re at it.  Long guns include shotguns, and of course, AR-15s.  If you’ve got questions about AR-15s you already own and if they are “assault weapons” we’ve got you covered later on in this guide. To buy a long gun, you must:

• Be 21 or older;
• Provide a CA driver’s license or ID, along with a right thumbprint;
• Have a background check performed by a licensed firearms dealer; and
• Provide a Firearms Safety Certificate.

Basically, the main differences are that you don’t need to provide proof of residency when it comes to buying a long gun.   Just like with handguns, unassembled long gun parts or “firearm precursor parts” will only be allowed for purchase through licensed vendors. The most likely situation is a trip to your local gun store every time you want to buy new rifle parts, rather than being able to order parts online — even parts other than unfinished lowers. While you could previously buy as many long guns as your bank account would allow, as mentioned in the handgun section, the law now only permits the purchase of one handgun or long gun every 30 days. You’ll no longer be able to pick up a couple of rifles along with your single handgun purchase if you’re trying to save on DROS costs. Under the new law, you’re effectively only allowed a single firearm purchase every 30 days, regardless of the type of gun.

For All You Antique Collectors

Good news!  As long as you are buying an antique firearm of a replica of one, you don’t have to go through the obstacle course you normally would in buying a gun.  You’ll need to be absolutely sure the firearm qualifies as an antique, however. An antique firearm is a firearm that is:

1. Manufactured before 1899;
2. Is a replica of an antique firearm that:
   1. Does not use rimfire or conventional centerfire fixed ammunition; or
   2. Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the US and is not readily available through normal markets; or
3. A muzzle loading rifle, shotgun, or pistol, which is designed to use black powder and cannot use fixed ammunition.

If the gun you want to purchase meets the requirements under either 1, 2, or 3, then it will qualify as an antique firearm, and not require any of the steps you have to go through for buying a firearm in California.

Have Gun, Will Carry

Once you’ve finally made it and have your firearms in hand, you might be tempted to show them off around town.  Generally in California, this is a bad idea, unless you really like spending time in jail and having your firearms confiscated. To carry your guns, either openly or concealed, you’ll typically need a permit, unless you’re at home, on a campsite, or on private property you own. If you are hunting or fishing, however, you are allowed to carry a concealed handgun, as long as you are licensed to hunt or fish.  However, you cannot carry or transport loaded firearms while you are on your way to or from your hunting or fishing trip.  Basically, you can only carry your concealed handguns when you are actually at the hunting or fishing location. For anyone interested in getting a CCW permit, you’ll want to hop on over to our CA CCW page after you’ve finished up here.

Rollin’ Down the Highway

You’ll also need to be careful when you transport your firearms in the car.  Handguns must be unloaded and locked in the trunk of the car, or in a locked container.   A locked container includes:

• A secure container that is fully enclosed (a holster does not count); and
• Locked by a padlock, key lock, combination lock, or other type of locking device.

A locked container does not include a locked utility or glove compartment.   If you’re transporting non-concealable firearms, like your long guns, they are not required to be transported in a locked container.  They do have to remain unloaded, however. And for those of you with what California classifies as “assault weapons,” they must be unloaded and stored in a locked container when transported, and can only be transported between specific locations (i.e. your home and the shooting range).  Even if your “assault weapon” is a long gun, you’ll have to keep it locked up.  

Assault Weapons

So what exactly is an “assault weapon?”  California has a very specific set of features that, if found on a rifle, will legally classify the rifle as an “assault weapon.”  Once a rifle is considered an “assault weapon” it must be registered with the state, and you’ll have to follow specific laws if you ever want to transfer it or do anything other than hold on to it. If you have an assault weapon, you can:

• Sell it to a licensed gun dealer who has a permit from the CA DOJ to buy assault weapons;
• Give up your assault weapon to your local police department (But maybe call them first.  Not the best idea to show up to a police station with a gun, unannounced.);
• Take the gun out of state; or
• Make the weapon permanently inoperable.

What you cannot do is transfer the assault weapon to anyone else, whether it’s family or friends, or some guy who answered your Craigslist ad.  And you can’t will it to someone upon your death, either.  The state will seize the weapon at that point.

Registration

There was also a registration period for AR-15s which ended June 30, 2018. All rifles that qualified as “assault weapons” under the new law should either have been registered with the CA DOJ, or modified so that they did not meet the requirements to be classified as an “assault weapon.”

Types of Assault Weapons 

How do you determine if you have an assault weapon?  There are three categories of assault weapons in California.

The first category is just the list of all the firearms on the Roberti-Roos assault weapons list.  This is the list that was created under the Roberti-Roos Assault Weapons Control Act of 1989, and required the weapons to be registered by March 31, 1992.  If you had one, it’s probably registered by now.  I hope. The second category of assault weapons are all the firearms listed in the AK and AR-15 series of firearms.  There are too many to list, but all you need to really know is that if you bought a rifle from your local gun store, it probably wasn’t an assault weapon.  Unless the “gun store” was more of a “back of a guy’s van.” In which case, you need to turn that thing into the police ASAP. The third category of assault weapons is where most rifle owners will need to pay attention.   Under the definition of “assault weapon” in this category, an assault weapon is:

1. A semiautomatic, centerfire rifle, that does not have a fixed magazine, and has any one of:
   1. A pistol grip that protrudes beneath the action of the weapon;
   2. A thumbhole stock;
   3. A folding or telescoping stock;
   4. A grenade launcher or flare launcher;
   5. A flash suppressor; or
   6. A forward pistol grip.  
2. A semiautomatic, centerfire rifle that has a fixed magazine with a capacity to accept more than 10 rounds;
3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches;
4. A semiautomatic pistol that does not have a fixed magazine, and has one of the following:
   1. A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer;
   2. A second handgrip;
   3. A shroud that is attached to, or partially or completely encircles the barrel; and
   4. The capacity to accept a detachable magazine at a location outside the pistol grip;
5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds;
6. A semiautomatic shotgun that has both:
   1. A fold or telescoping stock; and
   2. A pistol grip that protrudes beneath the action of the weapon, a thumbhole stock, or a vertical handgrip.
7. A semiautomatic shotgun that has the ability to accept a detachable magazine; or
8. A shotgun with a revolving cylinder.

If You Have an AR-15

You’ll want to focus on the first definition.  Up until now, there was a “bullet button” that was attached to AR-15s that allowed the rifles to get around the “assault weapon” definition.  New laws were passed recently, however, that covered AR-15s with bullet buttons, too. The only way around the “assault weapon” definition now is to make sure you either do not have any of the features a-f under assault weapon type 1, or you will need to have a fixed magazine.  A fixed magazine means the magazine cannot be removed without disassembling the rifle.  Under the new law, the bullet button allowed for the magazine to be removed while keeping the rifle intact, and so would still qualify as an “assault weapon.” If you absolutely want to go with the fixed magazine route, there are new versions of the bullet button, which essentially open up the rifle and require it to be disassembled before the magazine can be removed. By requiring the rifle to be opened up in order to reload, it gets around the fixed magazine requirement, while avoiding being marked as an illegal “assault weapon.” It’s not a great solution, but that’s just part of the song and dance you’ll have to do in order to own an AR-15 in California if you don’t want to give up the other features.      For those of you who aren’t interested in registering your rifle with the state, check out our article on featureless AR-15s to find out how you can stay in compliance with the laws, but still have a somewhat usable rifle.  For everyone else that’s ok with registering, take a look at the article anyway to see if you’re willing to make those changes to your rifle and keep yourself off the registry!

When Can You Actually Use Your Guns?

Aside from being able to shoot at the range and while you’re out hunting, the only other time you’ll be able to use your firearms is in very limited instances of self-defense. California, surprisingly, does have laws on the books that allow for the use of deadly force in self-defense situations.  Under what is commonly known as the “Castle Doctrine,” you can use deadly force to defend yourself when you are in your home, a.k.a., your “castle.” Specifically, you are justified in using deadly force if a reasonable person in your situation would have believed that:

• The person you killed intended to commit a forcible and life-threatening crime (murder, rape, robbery, etc.);
• There was an imminent danger of the crime being accomplished; and
• You acted under the belief the deadly force used was necessary to save yourself or another person from death or a life-threatening crime.

BUT, this right of self-defense immediately ends when there is no further danger from the person.  In other words, if the initial attacker is now incapable of committing further crime or causing any more injury, you can no longer use deadly force to defend yourself. That means you can use deadly force to defend yourself if someone breaks into your home and you reasonably believe he is going to commit a life-threatening crime, but once he turns around and starts running out the door, you will no longer be allowed to use deadly force.  Anything after that point will not be considered justifiable self-defense.   It’s also important to know that California does not have a “stand your ground” law on the books.  So if you are licensed to carry your firearm outside of the home and you are somewhere you are legally allowed to be (i.e. a restaurant, a ball game, etc.), and are faced with a life-threatening situation, you cannot engage the threat, and must instead retreat from the situation.

Ammo

Of course, all this talk about buying guns also requires a little discussion about how to feed your shiny new toys.  I hope you’re sitting down because it’s a bit of bad news when it comes to ammo.   What you need to know is that the good old days of ordering ammo online to be delivered to your front door are over. Now, ALL ammo purchases must be made in person at your local gun store. You can still technically order ammo online, but it has to ship to an FFL, and the transfer fees will probably eat up any savings you would have had buying the ammo online. The upside is that the case against ammo restrictions is still making its way through the court system. Bottom line? Go buy your ammo in store.

Want More Laws?

California also has a ban on “large capacity” magazines, “ghost guns” and a few surprises for new residents.  

Large Capacity Magazines

In free states, magazines that hold more than 10 rounds are known as “standard magazines.”  In California, however, any magazine capable of holding more than 10 rounds is considered a “large capacity” magazine, and is illegal to own, buy, sell, or pretty much even look at.   That law has been challenged in the courts by the NRA, Second Amendment Foundation, and other pro-2A groups. While it awaits a final decision, possession of those types of magazines continues to be legal.

A few of you may remember “Freedom Week” back in March of 2019 when US District Court Judge Benitez briefly issued a preliminary injunction on the magazine restriction after he found the law to be unconstitutional. From when his decision was issued on March 29, 2019, through 5 p.m. on April 5, 2019, all sales of firearms magazines were permitted without restriction. This meant any and all types of magazines were available for sale to California residents. To learn more, check out our in-depth article on Freedom Week, and what it might mean for future magazine restrictions in the state.   

Ghost Guns

For anyone with experience in making their own rifles, bear in mind that “ghost guns” are no longer legal.  If you are one of the brave souls who went through the process of making your own lower receivers, you will now have to apply to the CA DOJ for a serial number on your firearm.  The law technically applies to any firearms that you assemble or make yourself that do not have serial numbers. So, if you have a 3D printer and are printing entire handguns, the law now requires you to apply for a serial number for those as well.  

New in Town

As a welcome gift, California requires anyone moving to the Golden State to register with the CA DOJ, all firearms they brought with them, within 60 days of moving into the state.  If you have any magazines that hold over 10 rounds, then you’ll need to either leave them out of state, turn them into the police, or destroy them.  

One Last Thing

If you somehow managed to get your hands on firearms even with all the requirements set out by the state, then you’ll need to make sure you store them in a safe manner.   Basically, you are required to keep your firearms in a locked container or secured with some type of locking device that keeps the firearm from functioning.  This can be either trigger locks, cable locks, lockboxes, or gun safes.  As long as the gun safe is CA DOJ approved, you should be good to go.   

All Done

Finally!  Hopefully, all of those restrictions haven’t discouraged you from trying to buy a gun in California.  If anything, it should encourage you to try and buy as many as you can! Of course, getting proper training with your firearms is a good idea too.  Whatever you do, just make sure you get out there and pew pew!