California firearm laws allow eligible parties to bear arms if they are not convicted felons. The guns can be purchased for private use or at a gun show. However, laws exist to control the use, purchase, sale, or possession of a firearm. Violating these statutes, such as concealed carry or brandishing a weapon, can result in arrest and severe penalties. Therefore, if you produce, sell, or own a gun, you should familiarize yourself with firearm laws to avoid a violation and the consequences of a conviction.
At Leah Legal Criminal Defense Attorney, we will safeguard your rights and help you navigate the complex criminal court system in Los Angeles, CA. Here are details of various gun statutes you must follow to stay on the right side of the law or defend against the charges in Van Nuys.
Eligibility for Purchase or Sale of a Firearm
The US Constitution’s Second Amendment allows citizens who have attained the age of majority to bear arms. Additionally, California Penal Code 29800 outlines the conditions that individuals seeking to own firearms must satisfy. These conditions include:
- You must be at least 21 years old to purchase a handgun from a certified dealer
- You must be 18 or older to own, acquire, or possess rifles or handguns
- You should be residing in California unless you just relocated or are on active military duty
- You should provide a copy of your state driver’s permit or ID and other documents, such as utility bills, as proof of residence. When purchasing a handgun, you must furnish the relevant parties with a handgun safety certificate.
Not everyone can possess or acquire a firearm. The law prohibits you from acquiring or possessing a gun if:
- You have a state or federal felony conviction, even if the guilty verdict happened outside the state
- You are addicted to narcotics
- You have at least two priors for brandishing a weapon under PEN 417
- You have a prior misdemeanor conviction for domestic violence or spousal corporal injury
- You have a mental disorder
- You are younger than 18 and not exempt because you have parental supervision or a valid hunting permit.
- You have been dishonorably discharged from the military
- You are an illegal alien
- You have been charged or found guilty of stalking
- You have renounced your US citizenship
California has a Red Flag statute that allows colleagues, roommates, family members, teachers, or employers to apply for a gun violence restraining order (GVRO) to terminate your gun possession rights if they deem you a dangerous party.
A prohibition means even possession of ammunition is an offense. However, if you do not fall under the category of prohibited parties, you can keep your firearm at home or on business premises or carry it in a locked container.
California Rules for Buying, Selling, or Registering a Firearm
California firearm statutes impose restrictions on the purchase, registration, or sale of firearms. The rules include:
Gun Purchase Rules
Whether you are buying a gun privately or at a gun show, you must undertake the process through a licensed or approved firearm dealer and according to the state’s Dealer’s Record of Sale (DRS) procedure. Per the rules, a dealer must wait for ten days after the purchase before transferring a gun and allowing ownership.
Per PEN 31610, before you can possess a gun, you must sit for a written safety test and obtain a Firearm Safety Certificate (FSC). However, you will not require the permit if you are law enforcement, active or retired, or hold a valid hunting permit.
Once you are certified, you should find an accredited dealer and fill out the firearm purchase application forms. The forms must have supporting evidence, such as a valid DL and a California or military ID card. The dealer presents the forms to the DOJ, who run background checks. The checks take around ten days to complete, during which the dealer should not transfer the firearm possession. You receive a firearm only after the DOJ approves the transfer. You have 30 days from the approval date to pick up your firearm, and you cannot perform multiple transactions within that period.
PEN 27510 bars accredited dealers from selling, delivering, supplying, transferring, or giving control of a firearm to any party below 21, unless you are above 18 and satisfy the following conditions:
- You have an up-to-date hunter’s permit.
- You are an active or retired law enforcer
- You are an active federal agent or law enforcer with approval to carry a gun
Firearm Sale Rules
If you want to become a licensed gun dealer, you should satisfy the conditions set forth under PEN 26700. The conditions include:
- Possession of a valid federal arms permit
- A legal seller’s permit from the California Equalization Board
- A local business or regulatory permit
As a dealer, you must submit the potential buyer’s information to the DOJ for background checks. After the checks, the DOJ issues an eligibility certificate, which you must rely on to transfer the gun.
Selling or attempting to sell firearms without a permit or meeting the conditions provided under PEN 26500 is a misdemeanor offense. When found guilty, the penalties you will attract include:
- No more than 12 months of jail incarceration
- Court-imposed fines of no more than $1,000
Therefore, even if it is a private sale, do not lease, sell, or transfer guns without a valid permit.
Another charge you could face for violating gun purchase, sale, or possession rules is being a felon with a firearm. PEN 2800(a)(1) prohibits convicted felons or drug addicts from possessing or selling firearms. The offense is a felony, and if found guilty, you risk 16, 24, or 36 months of imprisonment, along with court fines of up to $10,000.
Gun Registration Rules
Before owning a firearm, you must fill out and file a Firearm Ownership Report (FOR). By completing the application, you declare the type of gun you have and that you are the owner. However, the primary role of registering a gun is with the dealer, although owners could be required to register when moving to California. Even if a firearm is legal but is unregistered, you could attract criminal charges for possessing an unregistered weapon. Therefore, confirm with the dealer that the gun you are purchasing is registered, or register it yourself to avoid legal trouble.
Rules on Transportation or Storage of Guns
After you have acquired and gained possession of a firearm, the next set of rules you should familiarize yourself with is those on carrying, transporting, and storing a gun. These rules exist to guarantee public safety. They include:
Carrying or Transporting Rules
Firearm transportation guidelines differ contingent on the firearm type. When carrying a concealable handgun in a car, you should ensure the firearm is unloaded and locked in the car trunk or a container in the vehicle. In the car, the handgun must be apparent or visible. The firearm’s ammunition should be carried in a container, such as a locked box.
Per PEN 25850(a), it is a misdemeanor to carry a loaded firearm. When prosecuting the crime, the prosecutor demonstrates that:
- You were transporting or carrying a firearm on your person or in the car
- The gun was loaded with unexpended cartridges in the firing chamber
- You were aware of the firearm’s presence
- You were transporting the weapon in public
When convicted for the first time, you will face misdemeanor penalties, including at most twelve months of jail confinement and fines not exceeding $1,000. However, when you have a prior misdemeanor conviction, the offense becomes a wobbler, giving the prosecutor the discretion to file misdemeanor or felony charges contingent on the facts of the matter.
Firearms, such as shotguns, rifles, carbines, and long guns, cannot be concealed. Therefore, the law requires that you carry them while unloaded. However, when within 1,000 feet of a school zone, you must keep the gun in a locked device or gun rack.
When moving an assault rifle, it must remain unloaded and in a locked case. Additionally, you cannot transport these weapons to and from specific areas, unless:
- Your private residence
- A licensed dealer for maintenance
- A shooting range
- Another party’s property, when you have their approval
An example of an assault rifle is a semi-automatic.
Firearm Storage Rules
The California AG recommends that you store a firearm in any approved gun safety device, such as a cable lock. When storing, you must ensure the weapon is unloaded. After confirming the gun is not loaded, you should place it in a lockbox, firearm safe, or any other locked case. The ammunition should be stored separately from the weapon. When children or individuals prohibited from possessing firearms are present, you should implement additional storage measures. Allowing these prohibited parties to access the storage is a crime.
When you violate these rules, you could attract several criminal charges, depending on the party that accessed the firearm storage. If children are present in your gun storage, you could face first-degree charges for criminal storage of a gun under PEN 25100.
The elements the prosecutor must demonstrate in a PEN 25100 violation charge include:
- You store a gun within a premise under your management or custody
- You knew or ought to have known a child could have had access to the weapon without approval
- The child gained access to the stored gun, causing death or significant physical harm to themselves or another party.
The only time you should allow a child to be present is if the weapon is unloaded and you are guaranteed the child cannot access the gun storage.
If the prosecutor successfully proves that you were aware the gun was stored in the premises while a child was present, the court will find you guilty, resulting in at most twelve months of confinement and a fine of no more than $1,000.
However, if the prosecutor shows that a child accessed the weapon and caused death, harm, or great bodily injury (GBI), you will attract harsher penalties for the same violation. You will not face charges if the minor gained access to the weapon in an act of self-defense or defense of others.
PEN 25100 is also the statute that criminalizes storing a firearm in the presence of a prohibited person. If you know the prohibited adult can access the weapon, you should not store it while loaded, and you should store it away from the prohibited adult’s access. Contravening the guidelines is a misdemeanor punishable by a maximum jail term of 12 months. Nevertheless, if the ineligible adult accesses the weapon and utilizes it to cause death, harm, or GBI, you will face harsher penalties as the crime becomes a felony. The felony penalties for a PEN 25100 violation include at most 36 months of imprisonment.
If the prohibited adult accesses the firearm for self-defense or defense of others, you will not face criminal charges or conviction.
Firearm Use Rules
California gun laws restrict when and how you use a gun. A violation of the rules could result in serious criminal charges and, upon conviction, harsh legal penalties. The law allows you to utilize your firearm if you are under an imminent threat of bodily harm or must protect your property.
PEN 23900 prohibits you from altering the identity marks on a firearm, while PEN 23920 criminalizes the purchase of a gun when you know its identification marks have been changed.
PC 626.9 prohibits individuals from possessing a gun within 1000 feet of a school ground or discharging it in a school zone. A contravention of the statute can attract at most seven years of confinement.
It is a crime under PEN 171c to carry a gun in a government building, such as a legislative office, a senate or assembly hearing room, or the state capitol. A violation of the statute is a wobbler. When found guilty of a felony, you will face no more than 36 months of imprisonment, while a misdemeanor attracts at most twelve months in jail.
Additionally, PC 171.5 criminalizes the deliberate possession of a stun gun, BB gun, firearm, imitation firearm, gun receiver, or any ammunition in a sterile area of a passenger vessel terminal or airport. The offense is a misdemeanor. When convicted, you risk at most six months in jail and a monetary fine of no more than $1,000.
Another crime relating to gun usage that you could face charges for is brandishing a weapon. Per PEN 417, using, exhibiting, or drawing your gun angrily or threateningly, regardless of your intentions to harm, is a crime. The prosecutor files the charge as a misdemeanor when you brandish the weapon in public. A guilty verdict for the charge attracts three to twelve months in jail. A PEN 417 violation becomes a wobbler of a felony if there are aggravating circumstances in the case. The penalties for a misdemeanor wobbler remain unchanged. On the other hand, a guilty verdict for a felony offense attracts 16, 24, or 36 months of confinement.
Lastly, you could be charged with a drive-by shooting under PEN 26100 in relation to gun usage. The law prohibits discharging a gun while in a stationary or moving automobile. When you let someone else carry a firearm in your car, you commit a misdemeanor offense punishable by at most six months of incarceration in county jail or no more than $1,000 in court fines. A PEN 26100 violation becomes a felony if you discharge or allow an individual to discharge a firearm while in your car. You will face at most $10,000 in court fines and 36, 60, or 84 months in prison when found guilty.
Rules on Carrying a Concealed Gun
It is unlawful to carry a concealed firearm in California without a valid Carry Concealed Weapon (CCW) license. The permit allows you to have a loaded or unloaded firearm while hidden on your person. Therefore, the only time you can carry a concealed gun without engaging in a violation is when you possess a valid CCW.
The Crime of Concealed Carry
According to PEN 25400, it is unlawful to carry a concealed gun, loaded or not, in your car or on your person. The elements that constitute the offense and that the prosecutor should prove are:
- You hid a gun on your person or vehicle, or allowed someone else to hide the weapon in your car. “On your person” means the gun was in your pocket or purse.
- The firearm was hidden or concealed
- You were aware of the firearm’s presence
PEN 25400 only applies to concealable guns. However, even if you cannot conceal the weapon, you must ensure that it is unloaded. Concealed carry is a misdemeanor that attracts no more than 12 months of confinement and at most $1,000 in court fines.
However, in some situations, the prosecutor can charge concealed carry as a felony. These instances include:
- When you are not registered as the lawful owner of the firearm in question
- You have a prior felony or gun offense conviction
- You are ineligible for gun possession under PEN 29800 and PEN 29900
- You are an active member or participant in a gang
- The weapon in question was stolen, and you knew or should have known it was stolen
A guilty verdict for a felony charge carries a sentence of 16, 24, or 36 months in prison, or a maximum court fine of $10,000.
If you have a prior criminal conviction for a misdemeanor violation involving illegal drugs, the gun was loaded, the ammo was easily accessible, or you are not the rightful owner of the gun, concealed carry becomes a wobbler.
Additionally, you risk sentence enhancement for the offense if you have a previous conviction for a felony or any other gun offense. A conviction under these aggravating circumstances attracts an additional and subsequent sentence of at least three months. If the prior is for assault with a deadly weapon, shooting at an inhabited house or car, or brandishing a gun, you will face an additional and consecutive three to six months of imprisonment. Besides, you risk losing your gun rights.
Obtaining a CCW License
In California, you can only carry a hidden gun in public as a regular citizen if you hold a CCW license. Without the permit, carrying a loaded or unloaded firearm in public will result in criminal charges.
The parties that issue CCWs or concealed weapon permits, are the county sheriff and the chief of the municipal police department. During a CCW application, you must demonstrate the following to obtain the license:
- You are 21 or older
- You are the legal owner of the firearm whose license you seek
- You satisfy the state’s residency conditions
- You have finished the relevant firearm training course
Once you receive the permit, it will be legal for you to carry a hidden gun in public, even when it is loaded. Nevertheless, you must adhere to the license’s guidelines.
The legality of the concealed weapons permit has been questioned in the past. This was after the court ruled in 2014 that the requirement that gun owners must prove “good cause” to obtain a CCW was a contravention of the US Constitution’s Second Amendment, which gives eligible parties the right to bear arms.
However, later in 2016, the court overturned the ruling, holding that the Second Amendment does not apply to concealed carry laws. Therefore, the requirement under CCW for applicants to prove “good cause” does not have any implications on one’s right to bear arms.
Also, the US Supreme Court, in a Washington sitting, declined to consider a challenge to the legality of the state’s concealed carry statutes.
The most recent challenge to the constitutionality of the CCW permit was in New York State Rifle & Pistol Association v. Bruen. At the hearing, the Supreme Court held that the requirement that CCW applicants demonstrate a “special need for protection” to obtain a permit violated the Second and Fourth Amendments. What this means for California is that the “good cause” requirement for a CCW license is now under greater doubt.
In 2023, the California governor signed a new law scrapping the “good cause” condition for applicants.
Find a Competent Gun Offenses Defense Attorney Near Me
Even though the Second Amendment provides you with the right to possess or own a firearm, the right comes with serious responsibility. The responsibilities are codified under various statutes. Therefore, when charged with a firearm offense, the first step is to understand the gun laws. The best person to explain the rules and defend you against the charges is a criminal attorney with experience fighting gun-related charges.
At Leah Legal Criminal Defense Attorney, our attorneys are familiar with federal and state gun laws and will help you fight the charges for a fair verdict. Call us today at 213-444-7818 to arrange a no-obligation consultation in Los Angeles, CA.
