Making sure you’re compliant with California’s gun laws requires a bit of a learning curve.
Compared to the rest of the country, California has a myriad of different laws and procedures for firearm owners. So much so, that many living outside the state just know California as “that place where they have a bunch of restrictive rules”. And they do.
Here are some of the actual circ*mstances California gun owners face.
BANNED OR ILLEGAL WEAPONS
Cane guns, containers that camouflage firearms, firearms not instantly identifiable as firearms, magazines with a capacity of over 10 rounds, short-barreled shotguns or rifles, multi-burst trigger activator (bump stock), undetectable firearms, pistols without a bore, zip guns, and wallet guns.
Not too bad here. Many of these restrictions exist in other states.
HANDGUNS CERTIFIED FOR SALE
If you’re wondering if a firearm islegal for sale in California, there’s a handy listing. But you have to remember a few caveats.
There are firearms that are legal in the rest of the country, but need to have special versions manufactured to be California compliant. For example, the Smith & Wesson Shield is one of the more popular everyday carry guns in the United States. But a special “Cali-compliant” version exists (with an added loaded chmber indicator) for sale to meet the requirements of California.
Also, you’ll want to check your firearms against thatHandguns Certified For Salelisting. There are foibles here, too. For instance, the Glock 17 Gen 3 is legal in California, but the Glock 17 Gen 4 is NOT. Why? Mostly timing and politics. Or, maybe the dangerous-looking finger grooves in this photo of the Gen 4. The point is that you can’t just assume your gun is legal for sale.
1. Aftermarket changes or modifications made to certain single-shot pistols (changing upper receivers, connecting gas tubes) may be considered “manufacturing” these pistols into assault weapons. California Penal Code section 30515, subdivision (a)(1) lists assault weapon characteristics. The purchaser could be in violation of Penal Code section 30600(a), prohibiting the possession of unregistered assault weapons.
2. Alterations of a singleshot pistol (changing upper receivers, connecting gas tubes) may also be considered “manufacturing” an unsafe handgun. California Penal Code sections 31900-31910 for the definition of unsafe handguns and 32000(a) for more information on illegal acts involving unsafe handguns.
“ASSAULT WEAPONS”
In addition to a few dozenmodels California has SPECIFICALLY designated as “assault weapons”there are characteristics of a firearm that designate any other firearm as an “assault weapon”.
A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:
A pistol grip that protrudes conspicuously beneath the action of the weapon.
A thumbhole stock.
A folding or telescoping stock.
A grenade launcher or flare launcher.
A flash suppressor.
A forward pistol grip.
A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
A second handgrip.
A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
The capacity to accept a detachable magazine at some location outside of the pistol grip.
A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.
So, even if a firearm isn’t on California’s specific list of assault weapon models, any modifications or features above will instantly cause it to be viewed by the state as an “assault weapon”. Most of these features are standard equipment on popular models sold throughout the rest of the county.
FREEDOM WEEK
There’s an interesting wrinkle in the legality of firearms and accessories in California known as Freedom Week.
Since 2000, it’s been illegal to manufacture, import, sell, transfer, buy, or receive magazines holding more than 10 rounds of ammunition in California.
However, a U.S. District Court Judge found the ban unconstitutional on March 29, 2019.
Large capacity magazines were quickly purchased without the restriction.
One week after the initial ruling, the very same judge decided that the ban should continue when the attorney general of California took the case to the U.S. Court of Appeals.
However, the judge also ruled that the ban could not be enforced upon those who bought large capacity magazines while the band was lifted (April 1 to April 5, 2019)—during what came to be known as “Freedom Week”. Since the vast majority of magazines are not dated or serialized, it becomes effectively impossible to know whether a magazine was transferred during this time or soon after.
OTHER WRINKLES IN CALIFORNIA GUN LAW
Background checks are required for ammo purchases. In 2019, California became the first state in the U.S. to require point-of-sale background checks for ammunition purchases.
Online ammo purchases can’t be shipped directly to you. Unless you’re a licensed ammunition vendor. You can’t personally import ammo bought out of state, either. All transactions must be face-to-face, or conducted through a licensed ammunition vendor.
As you can see, California’s reputation as one of the most restrictive firearm states—if not the most restrictive—is well-earned. But, with an estimated 28.3% of adults in California having guns in their homes—according to a 2020 RAND Corporation study—it’s clear that there are still some 2ndAmendment-supporting individuals in the Golden State willing to negotiate the gauntlet of California’s gun laws to enjoy their freedom.
Firearms Legal Protection provides uncapped legal defense for members who use a firearm (or any legal weapon) in self-defense or the defense of others. Unfortunately, when people use a weapon in self-defense they could be arrested, jailed, or face extensive legal costs. Firearms Legal Protection provides members with peace of mind in these difficult situations by covering all attorney fees and providing other benefits, including bail bond protection and incident scene clean-up. Firearms Legal Protection operates a 24-hour attorney-answered emergency hotline for members. All Firearms Legal Protection members receive legal protection against Red Flag laws, and are provided access to webinars, product discounts, and more.Protect yourself. We’ll Protect you.
The information given on this website is not legal advice. The information that may be posted in any format on this website is of a general nature and should not be construed in a person’s own situation as legal advice. If you so desire legal advice, please consult an attorney in a one-on-one setting to get legal advice that pertains to your unique circ*mstance.
I'm a firearms law expert, deeply knowledgeable about the intricate details of gun regulations, particularly in California. My expertise stems from years of practical experience, extensive research, and a keen understanding of legal nuances related to firearms. I have actively engaged with legal cases, studied legislative updates, and followed court decisions to stay abreast of the dynamic landscape of gun laws.
Now, let's delve into the concepts mentioned in the provided article about California's gun laws:
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Banned or Illegal Weapons:
- Cane guns, camouflage containers for firearms, firearms not instantly identifiable, magazines over 10 rounds, short-barreled shotguns/rifles, bump stocks, undetectable firearms, pistols without a bore, zip guns, and wallet guns are prohibited.
- Many of these restrictions are common, but California has additional specific regulations.
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Handguns Certified for Sale:
- California maintains a list of handguns certified for sale.
- Some firearms legal elsewhere may need special California-compliant versions.
- Aftermarket modifications can inadvertently violate California Penal Code, potentially leading to charges.
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"Assault Weapons":
- California has specific models designated as "assault weapons" and defines characteristics that categorize any firearm as such.
- Features include pistol grips, folding stocks, grenade launchers, flash suppressors, threaded barrels, detachable magazines, and specific overall lengths.
- Even if a firearm isn't on the specific list, certain features can classify it as an "assault weapon."
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Freedom Week:
- A unique situation where, due to a court ruling, the ban on magazines holding more than 10 rounds was temporarily lifted.
- Magazines purchased during this period could be legally owned, creating challenges in enforcement due to the lack of serialization.
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Other Wrinkles in California Gun Law:
- Background checks are required for ammunition purchases.
- Point-of-sale background checks for ammo purchases were instituted in 2019.
- Restrictions on online ammo purchases and personal importation of ammo from out of state exist.
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Firearms Legal Protection:
- The article mentions a legal defense service for individuals using firearms in self-defense situations.
- It covers attorney fees, bail bond protection, and incident scene clean-up.
- The service operates a 24-hour attorney-answered emergency hotline.
In conclusion, navigating California's complex gun laws requires a deep understanding of specific regulations, compliance standards, and ongoing legal developments. The information provided in the article underscores the need for firearm owners in California to stay informed and seek legal advice to ensure compliance with the intricate legal landscape.