Can an 18 Year Old Buy a Gun in California

Summary of California Gun Laws

California's gun laws give most adults age 21 and older the right to buy, ain, and possess a gun. Several state laws, notwithstanding, limit this right and prohibit certain classes of people from acquiring or possessing a firearm. Examples include bedevilled felons and narcotics addicts.

Further, licensed gun dealers cannot do whatever of the post-obit in relation to a person under the historic period of 21:

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

Note that once a person possesses a gun, State laws impose many requirements every bit to:

the transportation of firearms, and
the storage of firearms.

Further, California's gun laws brand it a crime for a person to deport a curtained firearm or concealed weapon. This crime, however, will not get charged if a person has a lawful concealed carry permit.

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

unloaded weapons, per Penal Code 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 too banned in California per Penal Code 30600 PC. The police force specifically prohibits a person from doing the following with these firearms:

industry,
distribute,
transport,
import,
sell or
give away.

Penal Code 30605 PC makes it a criminal offence for a person to possess these weapons. (Annotation that on June 4, 2021, a federal approximate overturned California's ban on assault weapons on the grounds that information technology violates the constitutional right to conduct artillery under the Second Amendment. But attack weapons remain illegal in California while the state appeals the ruling.)

Annotation that there are half dozen places in California where a person cannot bring a firearm. These are:

schools, per Penal Code 626.ix PC,
public buildings and meetings open to the public, per Penal Code 171b PC,
government buildings, per Penal Code 171c PC,
the Governor's mansion, per Penal Lawmaking 171d PC,
airports and passenger vessel terminals, per Penal Code 171.5 PC, and
public transit facilities, per Penal Code 171.7 PC.

In addition to roofing guns, California's firearm laws also apply rules and restrictions to the following:

armor-piercing bullets, per Penal Code 30315 PC,
silencers, per Penal Code 33410 PC,
stun guns, per Penal Lawmaking 22610 PC, and
light amplification by stimulated emission of radiation scopes and laser pointers, per Penal Lawmaking 417.25 PC.

Some criminal convictions volition result in a person losing his/her correct to ain, purchase, and possess a gun. If stripped of these rights, the person tin can try to restore his/her gun rights. This is nearly often accomplished past:

getting a wobbler felony reduced to a misdemeanor, and
receiving a pardon from California'southward Governor.

In this article, our California criminal defense attorneys will answer the following xi cardinal questions:

1. Who is (and isn't) allowed to have guns in California?
- one.ane. People prohibited from possessing a gun
- 1.2. Firearm Safety Certificates
2. What is the process for ownership, selling, and registering guns?
- two.i. Ownership
- 2.2. Selling
- ii.3. Registering
3. Are there rules nigh transporting and storing firearms?
- three.one. Transporting
  - 3.one.ane. Handguns that tin can be concealed
  - 3.1.2. Firearms that cannot be concealed
  - 3.one.3. Set on rifles
- three.2. Storing
  - 3.2.one. Child present
  - 3.2.two. Storage with prohibited person
4. Who is allowed to carry a concealed weapon?
- four.1. Penal Code 25400
- 4.ii. Concealed carry permit
5. Is anyone allowed to open up carry?
half dozen. Are certain types of firearms illegal altogether?
7. What about assault weapons?
- vii.one. Penal Code 30600
- 7.2. Definition of assault weapons and .l BMG rifles
viii. Are there places where guns are prohibited?
- 8.1. School grounds
- 8.two. Public buildings and meetings open to the public
- 8.3. Regime buildings
- 8.4. The Governor's mansion
- viii.5. Airports and passenger vessel terminals
- viii.6. Public transit facilities
9. What are the rules on armament and gun accessories?
- 9.i. Big capacity magazines
- 9.2. Armor-piercing ammunition
- 9.3. Silencers
- 9.four. Stun guns
- 9.5. Laser scopes and laser pointers
10. How can I restore gun rights after a criminal conviction?
eleven. What are some California offenses that involve firearms?
12. Are ghost guns legal in California?

gun laying on american flag

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

ane. Who is (and isn't) allowed to have guns in California?

The Second Amendment to the United States Constitution provides people with the right to conduct arms.

Farther, California gun laws allow almost adults age 21 and older to:

buy,
ain, 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.

1.1. People prohibited from possessing a gun

The following people are generally prohibited from buying or possessing a gun in California:

bedevilled felons,¹
narcotic addicts,²
persons with two or more convictions nether Penal Code Section 417 PC, California's law against brandishing a weapon,³
persons convicted of certain misdemeanor offenses (for case, corporal injury to a spouse, per California Penal Code 273.5 PC and crimes involving domestic violence),⁴
persons who suffer from mental illness,⁵ and
people under 18 (this group of people, though, can own a BB gun if they accept parental consent).^vi

Note that California'south red flag law besides allows coworkers, employers, and teachers to seek restraining orders to remove guns from the possession of potentially dangerous people.^seven These orders are sometimes referred to equally "gun violence restraining orders," or GVROs.

Also note that if a person is prohibited from owning a gun, then he/she is also prohibited from owning whatsoever ammunition.⁸

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

These persons may legally keep a gun within their house or a identify of business that they own. Gun owners may also legally carry a gun from identify to identify provided that information technology is in a locked container.⁹

1.ii. Firearm Safety Certificates

Per Penal Code 26840 PC, any person who acquires a firearm must take a Firearm Safe Document (FSC).¹⁰ In the example of a handgun, information technology is permissible if the owner has an expired handgun safe certificate.¹¹

The above statute applies unless a person is exempt under the law from having to take a document. An instance of an exempt person is someone that:

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

To obtain an FSC, a person must pass a California Section of Justice (DOJ) written test 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.

ii. What is the process for buying, selling, and registering guns?

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

buy of a gun,
sale of a gun, and
registration of a firearm.

2.i. Buying

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

private party transactions, and
purchases at gun shows.¹³

State law imposes a 10-twenty-four hour period waiting catamenia before a seller tin release or transfer a gun to a buyer and allow that person to accept gun ownership.^fourteen

Per Penal Code 27510, a licensed dealer cannot do any of the following 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 apply. For example, a dealer can sell or transfer a gun to a person under 21, but 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 nowadays a licensed dealer with clear evidence of his/her age at the fourth dimension of buying a gun. This bear witness may include:

a valid California driver's license,
a valid California identification card, and
a military identification card with a copy of permanent duty station orders.¹⁷

Purchasers of handguns also have to provide proof of California residency. This can be washed past fashion of a:

utility bill,
residential lease,
holding human activity, or
authorities-issued ID.¹⁸

Also, with handguns, note that in that location is no limit on the total number of handguns that a person can buy. Still, almost buyers cannot buy more than than 1 handgun in any thirty-24-hour interval menstruum.^nineteen

Note that a "handgun" includes items like:

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

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

2.ii. Selling

Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms. If a person satisfies all of the requirements, and so he/she tin can get a licensed dealer.^twenty

Some of these requirements include that gun dealers:

have a valid firearms license imposed nether federal police force,
take whatsoever regulatory or business license, or licenses, required by local government, and
take a valid seller's permit issued by the State Lath of Equalization.²¹

Federal law requires federally licensed firearms dealers (but not individual sellers) to initiate a background check on a purchaser prior to the sale of a firearm.²²

Notation that all California licensed dealers have to be "federally licensed firearms dealers." This means they are all required to perform groundwork checks.

See California's Bureau of Firearms' website for whatsoever new laws regarding when DOJ must complete a background cheque during COVID-19.

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

has been convicted of certain crimes, or
is bailiwick to a courtroom order related to domestic violence or a serious mental condition.²³

Penal Code 26500 makes information technology a misdemeanor to sell, lease, or transfer a gun without a license.²⁴

Violators confront to:

1 twelvemonth in canton jail, and/or
a maximum fine of $1,000.²⁵

2.iii. Registering

A person can register a gun in California past completing and submitting a Firearm Ownership Written report (FOR) Awarding.²⁶ A completed study is an owner's declaration that he/she is the gun's true owner.

A FOR Awarding is not required for most guns/gun owners nether the State'due south firearm laws. Firearms get 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 well-nigh transporting and storing firearms?

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

transports the gun, and
stores the gun.

3.1. Transporting

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

a handgun that can be concealed,
a firearm that cannot exist curtained, or
an assault rifle.

3.one.1. Handguns that can be curtained

To lawfully send a handgun in a vehicle, California residents must ensure that it is:

unloaded,
locked in the torso of the vehicle or in a locked container inside the vehicle, and
apparent, or not concealed within the vehicle.²⁸

It is always a offense to transport a loaded firearm.

Gun ammo can be either stored in:

the locked container, or
another 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.

three.1.2. Firearms that cannot exist curtained

State law says that firearms that cannot be curtained must be unloaded when a person transports them²⁹

Typically, local laws say that non-concealable firearms do not have to be in a locked container. U.s.a. federal law, though, says that some types of firearms do have to exist in a locked container or in a gun rack when in a school zone.³⁰ These are zones located within 1,000 feet of the grounds of a Yard-12 school.³¹

Note that firearms that cannot be concealed include:

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

iii.1.3. Set on rifles

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

unloaded, and
stored in a locked container.³²

Further, note that assault weapons tin only be transported to and from certain places. For example, a person may only ship these guns to:

a licensed firearms dealer for servicing or repair,
the gun owner's individual holding,
someone else'south 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 attack rifles.

3.ii. Storing

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

store their gun with a state-approved firearm safety device on it (for example, a trigger lock or a cable lock),
ensure that their weapon is non loaded,
put their firearm in a locked container (a lockbox or a gun safe), and
store their gun in a different location than the ammunition.³⁴

Additional rubber measures will apply in the issue that either:

children are present in the location where a gun is existence stored, and
a person prohibited from possessing a gun is present in the location where the gun is being stored.

three.2.1. Child present

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

store a loaded firearm in a home, or inside an surface area of the owner's control, and
do so when the possessor 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 access a stored gun, he/she should:

brand sure that it is unloaded, and
store it in a place outside of the kid'south access (like a locked container).

A violation of the higher up police force is a misdemeanor criminal offence. The offense is punishable by upward to one twelvemonth in canton jail. This penalty volition increase if a child accesses the weapon and causes:

harm,
great actual injury, or
death.³⁶

Annotation that no criminal charges will be filed if a kid accessed the gun in a lawful act of self-defense or in the defense of some other person.³⁷

3.2.2. Storage with prohibited person

Penal Code 25100 PC likewise makes it a crime for a gun owner to:

shop a loaded gun in a home, or within an expanse of the possessor'south control, and
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 adult who cannot possess a gun tin access the weapon, he/she should:

make sure that information technology is unloaded, and
shop it in a place exterior of the adult'southward access (similar in a locked container).

A violation of the higher up constabulary is charged as a misdemeanor. The offense is punishable by up to one twelvemonth in county jail.

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

harm,
slap-up bodily injury, or
death.³⁹

In such cases, the crime can be charged as a felony and lead to custody in land prison for up to 3 years.^forty

Note, though, that no criminal charges will be filed if the prohibited person accessed a gun in a lawful human activity 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 Lawmaking 25400 PC makes information technology a offense for a person who does non have a CCW to carry a concealed weapon.

4. Who is allowed to deport a concealed weapon?

Penal Code 25400 PC is the California statute that makes it a criminal offense for a person to carry a curtained weapon.

Nonetheless, the statute will non apply if a person has a lawful curtained carry permit, or "CCW." This ways a political party tin legally comport a concealed weapon if he/she has obtained a CCW.

4.1. Penal Code 25400

PC 25400 makes information technology a criminal offense for a person to bear a concealed weapon.

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

the accused concealed a firearm on his/her person or in a vehicle,
the defendant knew about the presence of the concealed gun, and
the firearm was essentially concealed.⁴²

As to the second element in a higher place, it is a legal defense to this crime if the accused did not know of the presence of a weapon. For example, a accused is not guilty if he was in a friend's auto and did not know that there was a gun under his seat.

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

custody in county jail for upward to one yr, and/or
a maximum $ane,000 fine.⁴⁴

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

the defendant has a prior felony conviction or conviction for a California firearm criminal offense,⁴⁵
the firearm is stolen and the accused knew, or had reasonable crusade to believe, that it was stolen,⁴⁶
the defendant was actively involved in a criminal street gang,⁴⁷
the defendant unlawfully possessed the firearm,⁴⁸
the accused was prohibited from possessing a firearm under Penal Code 29800 PC, California's felon with a firearm law,⁴⁹ or
the accused was prohibited from possessing a firearm under Penal Code 29900 PC for committing a violent offense.^l

As to number one above, annotation that a defendant will serve a minimum of 3 years in county jail if:

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

This includes prior convictions under:

Penal Code 245a1 PC, set on with a deadly weapon,
Penal Lawmaking 246 PC, shooting at an inhabited dwelling house or car, and
Penal Code 417 PC, California'southward brandishing a weapon constabulary.⁵²

Equally to number six to a higher place, offenses deemed "violent" for purposes of this department include (simply are non limited to):

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

Felony carrying a concealed firearm is punishable by:

up to iii years in county jail, and/or
a maximum $ten,000 fine.⁵⁴

4.2. Curtained carry allow

A concealed carry let is the merely means past which ordinary citizens may legally deport concealed firearms in public in California. Absent-minded a CCW, information technology is a offense to carry either a loaded or an unloaded firearm in public.

A concealed deport permit is sometimes referred to as a "concealed weapons permit."

The following are the only parties that may effect a CCW:

a county sheriff,⁵⁵ or
the primary or other caput of a municipal constabulary section.⁵⁶

A person must show the following in club to receive a CCW:

he/she is of good moral graphic symbol,
expert cause exists for issuance of the license considering the person, or a family member, is in immediate danger,
he/she meets sure residency requirements, and
the person has completed an acceptable form on firearms training.⁵⁷

If someone receives a permit to bear a concealed firearm, he/she may legally carry a loaded, curtained gun. However, the person with the let must comply with the terms and conditions outlined in the let.

Notation that in that location was some recent doubt well-nigh the constitutionality of California'due south laws on CCW permits. In 2014, the courtroom ruled that that the "adept cause" requirement to obtain a CCW violated the Second Amendment right to bear artillery.⁵⁸

But in June 2016, the court overturned this finding. The court ruled that in fact, the Second Amendment does not utilise to concealed firearms, and thus at that place are no constitutional rights implicated by California's "adept cause" requirement.⁵⁹

Further, the United States Supreme Courtroom (sitting in Washington, D.C.) refused to consider a claiming to California's concealed carry law.^threescore Then law-abiding gun owners can yet carry a curtained handgun if they obtain a CCW.

v. Is anyone immune to open deport?

It is generally a law-breaking for a person to openly behave a firearm in California.⁶¹ This applies to the open carry of both:

loaded guns, and
unloaded guns.

Notation, however, there is ane exception involving the open carry of loaded guns. Nether California law, the sheriff of any county with a population under 200,000 people may event licenses for people to carry a loaded, exposed handgun.⁶²

Annotation also that the laws regarding the open carry of firearms may change. In 2018, a court ruled that the Second Amendment guarantees the open up carry of a gun.⁶³ This decision, however, was appealed and the courtroom volition exist rehearing the example later on in 2020.⁶⁴

Carrying an unloaded handgun in public is a misdemeanor.⁶⁵ Virtually violations are punishable by:

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

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

custody in county jail for upward to 1 year, and/or
a maximum fine of $1,000.⁶⁸

Note, though, that aggravating factors tin make the criminal offence a wobbler law-breaking. This means a prosecutor can charge the offense equally either a misdemeanor or a felony.

A felony confidence tin issue in imprisonment in county jail for upwardly to three years.⁶⁹

6. Are certain types of firearms illegal altogether?

Penal Code 16590 is the California statute on "more often than not prohibited weapons." The police bans certain firearms and firearm accessories.

More specifically, the statute makes it a criminal offense for a person to do any of the post-obit with these guns/add-ons:

manufacture them,
import them into the land,
go along them for sale,
offer them for auction,
give them abroad,
lend them, or
possess them.⁷⁰

A "more often than not prohibited weapon" includes the post-obit guns, equipment, and armament:

short-barreled shotguns and rifles, also illegal per Penal Lawmaking 33215 PC,⁷¹
undetectable firearms, also illegal per Penal Code 24610 PC,⁷²
firearms that are non immediately recognizable as firearms, also illegal per Penal Code 24510 PC,⁷³
unconventional pistols, too illegal per Penal Code 31500 PC,⁷⁴
pikestaff guns (or a gun that is enclosed in an object that looks like a walking pikestaff), likewise illegal per Penal Code 24410 PC,⁷⁵
wallet guns (or a firearm enclosed in a small case), likewise illegal per Penal Code 17330 PC,⁷⁶
aught guns (or a cheap makeshift firearm made past miscellaneous cloth), also illegal per Penal Code 33600 PC,⁷⁷
camouflaging firearm containers, likewise illegal per Penal Code 24310 PC,⁷⁸
bullets containing explosive agents, too illegal per Penal Code 30210 PC,⁷⁹
multiburst trigger activators – also illegal per Penal Code 32900 PC,⁸⁰ and

A violation of these laws is a wobbler. This means a prosecutor can charge the crime equally either a misdemeanor or a felony.⁸¹

If a misdemeanor, the crime is punishable by:

custody in county jail for up to 1 yr, and/or
a maximum fine of $ane,000.⁸²

If a felony, the criminal offence is punishable by:

imprisonment in jail for upwardly to three years, and/or
a maximum fine of $10,000.⁸³

Note that large-capacity armament magazines are illegal in California.⁸⁴In 2021, the Ninth Circuit held that Penal Code 32310 PC – which bans LCMs – does not violate cocky-defence force laws.⁸⁵

7. What nigh set on weapons?

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

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

seven.1. Penal Lawmaking 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 employ 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 accused is simply guilty under PC 30600 if he:

performed an illegal act knowingly, and
knew or reasonably should have known that the weapon involved had the characteristics of an assault weapon or .50 BMG burglarize.⁸⁷

Annotation that Senate Bill 61was signed into police in 2019. It adds two new laws with regard to assault weapons in California. The bill does the post-obit:

limits the purchase of these guns to one per calendar month, and
prohibits the sale of semi-automatic rifles to anyone nether 21.⁸⁸

Note too that California law does allow certain qualified personnel to receive:

a permit to manufacture these weapons, and
then sell them to constabulary enforcement agencies or armed services agencies.

This means a defendant would not exist guilty under PC 30600 if he legally had one of these permits. This is provided a weapon was made, or sold to, a law officer or military machine section.

A violation of PC 30600 is charged every bit a felony. The criminal offence is punishable by:

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

Note that a guilty accused will receive an additional one-year jail term if he:

transferred,
loaned,
sold, or
gave

an set on weapon or BMG rifle to a minor.⁹⁰

As to the possession of an assault weapon, a violation of Penal Lawmaking 30605 is a wobbler offense in California. This ways information technology can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the law-breaking is punishable by:

imprisonment in canton jail for upwardly to one twelvemonth, and/or
a fine of up to $1,000.⁹¹

If charged as a felony, the offense is punishable past imprisonment in the county jail for up to iii years.⁹²

7.2. Definition of assault weapons and .l BMG rifles

An assail weapon is a weapon that is identified equally such in a California statute.⁹³

For example, Penal Code 30510 PC lists over 70 types of firearms that are all classified as assault weapons. Some of these include:

all AK serial rifles,
Uzi submachine guns, and
the Striker 12 shotguns.⁹⁴

Penal Code 30515 PC also 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 .l BMG rifle is not an assault weapon or a auto gun.

It is a centerfire rifle that tin can burn down a .50 BMG cartridge.

A .50 BMG rifle has all of the post-obit characteristics:

the overall length is v.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 instance base diameter for the cartridge is from .800 inches to, and including, .804 inches.⁹⁶

8. Are at that place places where guns are prohibited?

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

school grounds,
public buildings and meetings open to the public,
government buildings,
the Governor's mansion,
airports and passenger vessel terminals, and
public transit facilities.

viii.1. School grounds

Penal Code 626.9 PC is California's Gun-Free Schoolhouse Zone Act. The statute prohibits anyone from possessing a gun on or near schoolhouse grounds.⁹⁷

More specifically, the police makes information technology a offense to:

possess a firearm in or on the grounds of a public or private M-12 school,⁹⁸
discharge, or attempt to discharge, a firearm in a school zone with reckless disregard for the safety of another,⁹⁹ and
bring or possesses a loaded firearm upon the grounds of pupil or teacher housing for a public or private academy.¹⁰⁰

A violation of these laws tin can result in a jail judgement of up to vii years.¹⁰¹

8.two. Public buildings and meetings open to the public

Penal Lawmaking 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 whatever:

firearm,
pocketknife with a blade length over four 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 regime, if state or local public employees are regularly nowadays to perform their official duties.¹⁰⁴

Note that this statute may not necessarily apply to:

those personnel that ship weapons into a courtroom of law to be used as bear witness,
law officers and law enforcement officers,
persons property a valid license to behave a firearm, and
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 criminal offence, significant it tin be charged equally either a misdemeanor or a felony.¹⁰⁶

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for upwards to one year.

If charged as a felony, the criminal offense is punishable past custody in canton jail for up to three years.

8.3. Authorities buildings

Penal Code 171c PC makes it a offense for a person to bring a loaded firearm into whatsoever of the following:

the Country Capitol,
any legislative office,
any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or
the Legislative Part Edifice at 1020 N Street in the City of Sacramento.¹⁰⁷

A violation of this statute is a wobbler. This means information technology tin can be charged equally either a misdemeanor or a felony.

A misdemeanor conviction tin can bring a canton jail sentence of up to one year.¹⁰⁸

A felony conviction can lead to custody in county jail for up to three years.¹⁰⁹

viii.4. The Governor'due south mansion

Penal Code 171d PC is the California statute that makes it a offense for a person to possess a loaded firearm within or on the grounds of:

the Governor'due south Mansion or any other residence of the Governor,
the residence of whatsoever other constitutional officer, or
the residence of any fellow member of the California Legislature.¹¹⁰

A violation of this police force is a wobbler. This means it can be charged as either a misdemeanor or a felony.

A misdemeanor crime is punishable past imprisonment in canton jail for up to 1 twelvemonth.¹¹¹

A felony offense is punishable past custody in county jail for up to three years.¹¹²

8.five. Airports and passenger vessel terminals

Penal Code 171.5 PC makes it a crime for a person to possess, within any sterile surface area of an airport or a passenger vessel terminal:

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

Possession of whatever of these guns inside the sterile (mail-security check) area of an airport or a passenger vessel concluding is charged as a misdemeanor. The criminal offense is punishable by:

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

8.half-dozen. Public transit facilities

Penal Code 171.vii PC makes information technology a offense to knowingly possess within any sterile expanse of a public transit facility:

a firearm,
an simulated firearm,
a taser or stun gun,
a BB or pellet gun, or
a spot marking or paint gun.¹¹⁵

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

Public transit facilities transport members of the public for rent. They include (simply are not limited to):

streetcars,
buses,
calorie-free rail systems,
rapid transit systems,
subways, and
trains.¹¹⁷

A violation of this police is charged every bit a misdemeanor. The offense is punishable by:

up to six months in canton jail, and/or
a fine of upwardly to $1,000.¹¹⁸

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

In addition to addressing firearms, California's gun laws impose rules and restrictions on the post-obit:

large capacity magazines,
armor-piercing magazines,
silencers,
stun guns,
light amplification by stimulated emission of radiation scopes and light amplification by stimulated emission of radiation pointers.

9.one. Large capacity magazines

As mentioned above (Section half-dozen), big-capacity magazines are now legal in California. "Big-capacity magazines" are those that can generally hold ten rounds of ammunition or more.¹¹⁹

9.2. Armor-piercing ammunition

Penal Lawmaking 30315 PC is the California statute that makes information technology a law-breaking 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 exist charged as either a misdemeanor or a felony.

A misdemeanor confidence is punishable by up to one year in canton jail.¹²⁰

A felony confidence tin can lead to custody in county jail for upward to three years.¹²¹

9.3. 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 as a felony. The crime is punishable past:

custody in county jail for up to 3 years, and/or
a fine not to exceed $x,000.¹²²

9.4. Stun guns

It is legal in California for most people to ain a stun gun.

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

anyone bedevilled of a felony, any criminal offense involving attack, or any crime involving the misuse of a stun gun under PC 244.5,
narcotic addicts, and
minors, unless he/she is at to the lowest degree 16 years of historic period and has the written consent of his/her parent or legal guardian.¹²³

The first violation of Penal Lawmaking 22610 is a public offense punishable by a $50 fine.¹²⁴

Subsequent violations are treated as misdemeanors, punishable by:

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

nine.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 bespeak a laser scope, or a light amplification by stimulated emission of radiation pointer, at another person in a threatening manner.¹²⁶

Note that "threatening mode," means that the pointing of the scope or laser instills fearfulness of bodily damage in the other person.¹²⁷

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

A "laser pointer" is a hand-held laser axle device that emits a single point of light, which tin can be seen by the human eye.¹²⁹

A violation of PC 417.25 is charged equally a misdemeanor in California. The law-breaking is punishable by imprisonment in canton jail for upward to 30 days.¹³⁰

Annotation that in lieu of jail fourth dimension, a judge may impose misdemeanor (or summary) probation.

10. How can I restore gun rights after a criminal conviction?

As stated above (Section 1.one), felony convictions and convictions of certain misdemeanors result in a person losing his/her right to:

own a gun,
buy a gun, and
possess a gun.

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

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

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

In addition, most forty misdemeanors acquit a x-yr firearms ban.¹³¹ Some of these include:

stalking, per Penal Lawmaking 646.9 PC,
battery, per Penal Code 242 PC,
brandishing a weapon, per Penal Code 417, and
making criminal threats, per Penal Code 422 PC.

Despite these rules, many people bedevilled of a crime can endeavor to restore his/her gun rights. This can be done by:

having a "wobbler" felony reduced to a misdemeanor, or
receiving a pardon from the California governor.¹³²

Reducing a felony to a misdemeanor ways that a person will non face a lifetime ban on guns (considering 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-stride procedure. A person must:

petition the superior courtroom for a California Certificate of Rehabilitation, and
if the petition is granted, it automatically becomes a petition for a pardon from the California Governor.¹³⁴

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

11. What are some California offenses that involve firearms?

In that location are several California crimes that involve firearms. In add-on to the ones mentioned higher up, some others include:

inflicting bodily injury while brandishing a gun, per Penal Code 417.6 PC,
California's "drive-past shooting" constabulary, per Penal Lawmaking 26100 PC,
personal use of a firearm in the commission of a felony, per Penal Code 12022.5 PC,
the "10-twenty-life 'utilize a gun and you're done'" police, per Penal Code 12022.53 PC,
sentencing enhancement for criminal street gang participation, per Penal Code 186.22 PC,
commission of a firearm felony while possessing metallic-piercing armor or wearing a bullet-proof belong, per Penal Lawmaking 12022.2 PC,
use of a gun during the commission of sex crimes, per Penal Code 12022.iii 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 have to utilize for a serial number to affix to the gun. Otherwise, it is still legal to buy gun parts and assemble them without a background check.¹³⁵ Nevertheless, federal law may before long require that gun parts have their own serial numbers, and for people to accept to pass background checks in order to buy gun parts.¹³⁶

For additional assistance…

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Telephone call our law firm for help…

For additional guidance or to discuss your example with a criminal defense attorney, we invite you lot to contact us 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, please see our articles on:

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

Legal References:

adamsputed1976.blogspot.com

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