California Gun Laws: What You Need to Know
Have you got a headache trying to decipher California State convoluted firearms statutes? This comprehensive guide breaks down the Golden California Gun Laws in simple terms so you can exercise your 2nd Amendment rights without accidentally becoming a criminal.
Grab some aspirin and buckle up, because we’ll cover everything from purchasing and registering weapons to open carry, concealed carry, transporting guns, and self-defense laws. We’ll also look at recent changes, ongoing legal challenges, what Newsom has up his sleeve and more.
When Were California Gun Laws Enacted?
California has had some form of gun control legislation for decades, but things ramped up in the late 1980s and early 1990s. A string of high-profile shootings led the legislature to pass several strict new firearms laws, including:
- 1989: The state banned “assault weapons” and mandated background checks for all gun sales.
- 1993: The Brady Bill required waiting periods and national instant criminal background checks.
- 1999: Safe storage laws mandated locking devices or safes for unattended firearms.
- 2000: Sale, manufacture, and purchase of cheap “Saturday Night Specials” outlawed.
- 2016: Background check system upgraded, raised age limit, and limited magazine capacity.
- 2022: New under-21 semi-auto rifle ban, ghost gun restrictions, and private sale regulations signed.
So in summary – panic legislation piled on top of panic legislation. We’ll unpack the specific provisions below.
Who Do California Gun Laws Apply To?
In general, California gun laws apply to all state residents who own firearms or want to purchase guns. There are a few exemptions, mainly for active duty military, federal agents, and law enforcement officers following department guidelines. Gun laws may also apply differently based on when and where a weapon was acquired.
In other words – if you have a trigger finger, these rules probably apply to you. Even hunting regulations fall under many of the same statutes. Better read on to avoid any violations!
Key Gun Ownership Provisions and Restrictions
Registration
All handguns sold by dealers must be registered to the buyer through the Dealer Record of Sale (DROS) system. Rifles, shotguns, and off-roster handguns are exempt.
Background Checks
All firearm sales and transfers require a background check to obtain a Firearms Safety Certificate (FSC). This applies to commercial sales and private party transfers.
Waiting Periods
10 days for handguns and semiautomatic centerfire rifles. Long guns are exempt. Exceptions for concealed carry permit holders.
Age Requirements
Must be 21 to buy a handgun. Semiautomatic centerfire rifles are prohibited for those under 21. For shotguns and riles, must be 18 for commercial sales and 21 for private party transfers.
Permits
A permit is required to carry a concealed weapon. No permit is required for open carry of unloaded weapons. “Assault weapons” cannot be openly carried except in specified rural areas.
Magazine Limits
10 rounds for all centerfire ammunition magazines. No limits on rimfire.
Property Storage
Guns must be locked in an approved gun safe when left unattended in a place where a child could access them. Stiff fines for violations.
1% Rule
No person may acquire more than one handgun or semiautomatic centerfire rifle within any 30 days. Some exemptions apply.
Assault Weapons Ban
California bans over 75 makes and models of “assault weapons” by specific names plus certain features like pistol grips, telescoping stocks, and grenade launchers (?!?!). All scary black plastic guns.
Armor Piercing Ammo
Handgun ammunition that can penetrate body armor is prohibited. Because of course that makes sense.
Ghost Guns
As of 2022, incomplete firearm frames and receivers must be serialized through a DOJ-approved vendor. Serial numbers will be registered in the DROS system.
Phew, still with me? That’s just an overview of some of California’s many convoluted firearms statutes woven through the Penal Code. Obeying the law is like navigating a minefield blindfolded.
Penalties for Violating California Gun Laws
Most violations are misdemeanors punishable by a fine of up to $1000 and/or up to a year in county jail. Felony charges are possible for repeat offenses or situations involving violent criminals. Law enforcement has leeway on what charges to file.
Sentence enhancements can significantly increase penalties depending on the violation. For instance, committing a crime with an illegally configured “assault weapon” adds 3-10 years per count.
Bottom line – don’t screw around with gun laws here. The state takes enforcement very seriously and will throw the book at you given the chance.
Recent Changes and Proposed Legislation
California gun laws seem to get stricter every year. Here are some of the most recent changes and bills in progress:
- SB 1327 (2022) – Created the Office of Gun Violence Prevention to administer firearms laws.
- Federal Age Limit Challenges – After 2021 challenges, those 18-20 can once again buy long guns.
- AB 1594 (2022)- Restricts advertising “assault weapons” to minors.
- AB 2571 (2022) – Limits serial number removal on ghost guns, and expands laws to gun parts kits.
- SB 915 (2022) – Tightens exemptions for law enforcement officers assault weapons
- AB 1949 (proposed) – Implements firearm liability insurance requirement.
- SB 537 (proposed) – 10% ammo sales tax to fund gun violence prevention programs.
Newsom Has More Plans to Restrict Guns
Governor Newsom has vowed “the most aggressive gun safety laws in the nation” and is constantly pushing new legislation. He recently said he plans to sign over a dozen new bills before 2024 focused on limiting firearms. Some proposals include:
- Expanding red flag laws to remove guns from dangerous people
- Limiting ghost gun assembly kits
- Set legal limits for firearm industry liability
- Increase oversight on concealed carry permits
Given the legislature’s appetite for gun control, more laws will surely keep stacking up in the coming years.
Controversies and Legal Challenges
Many criticize California’s strict gun control as excessive, confusing, and unconstitutional. Lawsuits aiming to ease restrictions have piled up for years.
A 2022 Supreme Court ruling overturned New York’s concealed carry law, declaring that the 2nd Amendment protects firearms rights outside the home. This sets up challenges to similar “good cause” laws in states like California. Multiple lawsuits are already in motion challenging permitting schemes, assault weapons bans, magazine capacity limits, and other CA statutes.
Though Newsom decried the ruling, legal experts say many CA gun laws remain on shaky ground. The Supreme Court signaled that bans on common firearms in widespread use may not stand up to historical analysis.
With Justice Brett Kavanaugh blasting California’s “byzantine regulations”, the Golden State’s famously strict firearms laws face an uncertain future. Numerous public interest law groups have cases teed up primed to undo decades of gun control legislation.
Stay tuned for the legal clash of the decade between gun rights advocates and progressive state governments determined to disarm citizens. Your right to bear arms hangs in the balance.
In Summary: Main Takeaways
California gun laws create an obtuse maze of technical rules that turn innocent people into criminals. stepping through the wrong door in this funhouse means felony charges.
Restrictions pile up every year thanks to an anti-gun legislature and governor seeking national limelight. Their “solutions” do nothing to stop violent criminals.
Many existing statutes likely cannot survive legal challenges under Supreme Court precedent. But the wheels of justice turn slowly as lawsuits work their way through courts.
In the meantime, freedom-loving Golden Staters must battle labyrinthian regulations run amok. This outrageous interference with Constitutional rights cannot continue unchecked.
Stay vigilant – Newsom will keep attacking 2nd Amendment rights any way he can. Creeping incrementalism slowly disarms citizens. Don’t give these tyrants one inch.
Frequently Asked Questions on California Gun Laws
Do you have lingering questions about California’s ever-expanding gun laws? Check out some common FAQs:
