Whiskey Creek Solutions

Personal Firearm Instruction

Legal Update

What are generally prohibited firearms?

Penal Code 16590 is the California statute on “generally prohibited weapons.” The law bans certain firearms and firearm accessories.

More specifically, the statute makes it a crime for a person to do any of the following with these guns/add-ons:

  • manufacture them,
  • import them into the state,
  • keep them for sale,
  • offer them for sale,
  • give them away,
  • lend them, or
  • possess them.

A “generally prohibited weapon” includes the following guns, equipment, and ammunition:

  1. short-barreled shotguns and rifles, also illegal per Penal Code 33215 PC,
  2. undetectable firearms, also illegal per Penal Code 24610 PC,
  3. firearms that are not immediately recognizable as firearms, also illegal per Penal Code 24510 PC,
  4. unconventional pistols, also illegal per Penal Code 31500 PC,
  5. cane guns (or a gun that is enclosed in an object that looks like a walking cane), also illegal per Penal Code 24410 PC,
  6. wallet guns (or a firearm enclosed in a small case), also illegal per Penal Code 17330 PC,
  7. zip guns (or a cheap makeshift firearm made by miscellaneous material), also illegal per Penal Code 33600 PC,
  8. camouflaging firearm containers, also illegal per Penal Code 24310 PC,
  9. bullets containing explosive agents, also illegal per Penal Code 30210 PC,
  10. multi-burst trigger activators – also illegal per Penal Code 32900 PC,  and

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

If a misdemeanor, the crime is punishable by:

  • custody in county jail for up to one year, and/or
  • a maximum fine of $1,000.

If a felony, the offense is punishable by:

  • imprisonment in jail for up to three years, and/or
  • a maximum fine of $10,000.

Note that large-capacity ammunition magazines are illegal in California.  In 2021, the Ninth Circuit held that Penal Code 32310 PC – which bans LCMs – does not violate self-defense laws.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

Who is allowed to carry a concealed weapon (CCW) in California?

Penal Code 25400 PC is the California statute that makes it a crime for a person to carry a concealed weapon.

However, the statute will not apply if a person has a lawful concealed carry permit, or “CCW.” This means a party can legally carry a concealed weapon if he/she has obtained a CCW.

4.1. Penal Code 25400

PC 25400 makes it a criminal offense for a person to carry a concealed weapon.

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

  1. the accused concealed a firearm on his/her person or in a vehicle,
  2. the defendant knew about the presence of the concealed gun, and
  3. the firearm was substantially concealed.

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

A violation of this law is charged as a misdemeanor. A conviction is punishable by:

  • custody in county jail for up to one year, and/or
  • a maximum $1,000 fine.

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

  1. the defendant has a prior felony conviction or conviction for a California firearm offense,
  2. the firearm is stolen and the accused knew, or had reasonable cause to believe, that it was stolen,
  3. the accused was actively involved in a criminal street gang,
  4. the defendant unlawfully possessed the firearm,
  5. the defendant was prohibited from possessing a firearm under Penal Code 29800 PC, California’s felon with a firearm law, or
  6. the accused was prohibited from possessing a firearm under Penal Code 29900 PC for committing a violent offense.

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

  • he/she carried a concealed weapon, and
  • has a prior firearm offense.

This includes prior convictions under:

As to number six above, offenses deemed “violent” for purposes of this section include (but are not limited to):

Felony carrying a concealed firearm is punishable by:

  • up to three years in county jail, and/or
  • a maximum $10,000 fine.

4.2. Concealed carry permit

A concealed carry permit is the only means by which ordinary citizens may legally carry concealed firearms in public in California. Absent a CCW, it is a crime to carry either a loaded or an unloaded firearm in public.

A concealed carry permit is sometimes referred to as a “concealed weapons permit.”

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

  • a county sheriff, or
  • the chief or other head of a municipal police department.

A person must prove the following in order to receive a CCW:

  1. he/she is of good moral character,
  2. good cause exists for issuance of the license because the person, or a family member, is in immediate danger,
  3. he/she meets certain residency requirements, and
  4. the person has completed an acceptable course on firearms training.

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

Note that there was some recent doubt about the constitutionality of California’s laws on CCW permits. In 2014, the court ruled that that the “good cause” requirement to obtain a CCW violated the Second Amendment right to bear arms.

But in June 2016, the court overturned this finding. The court ruled that in fact, the Second Amendment does not apply to concealed firearms, and thus there are no constitutional rights implicated by California’s “good cause” requirement.

Further, the United States Supreme Court (sitting in Washington, D.C.) refused to consider a challenge to California’s concealed carry law.  So law-abiding gun owners can still carry a concealed handgun if they obtain a CCW.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 5, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

Storing Firearms

Storing

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

  1. store their gun with a state-approved firearm safety device on it (for example, a trigger lock or a cable lock),
  2. ensure that their weapon is not loaded,
  3. put their firearm in a locked container (a lockbox or a gun safe), and
  4. store their gun in a different location than the ammunition.

Additional safety measures will apply in the event that either:

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

Child present

Per Penal Code 25100 PC it is a crime for a gun owner to:

  1. store a loaded firearm in a home, or within an area of the owner’s control, and
  2. do so when the owner knows, or should know, that a child could access it without a parent’s permission.

This means if a gun owner knows that a child can access a stored gun, he/she should:

  1. make certain that it is unloaded, and
  2. store it in a place outside of the child’s access (like a locked container).

A violation of the above law is a misdemeanor offense. The crime is punishable by up to one year in county jail. This punishment will increase if a child accesses the weapon and causes:

Note that no criminal charges will be filed if a child accessed the gun in a lawful act of self-defense or in the defense of another person.

Storage with prohibited person

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

  1. store a loaded gun in a home, or within an area of the owner’s control, and
  2. do so when the owner knows, or should know, that a person prohibited from possessing a firearm could access it.

This means if a gun owner knows that an adult who cannot possess a gun can access the weapon, he/she should:

  1. make certain that it is unloaded, and
  2. store it in a place outside of the adult’s access (like in a locked container).

A violation of the above law is charged as a misdemeanor. The crime is punishable by up to one year in county jail.

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

  • harm,
  • great bodily injury, or
  • death.

In such cases, the crime can be charged as a felony and lead to custody in state prison for up to three years.

Note, though, that no criminal charges will be filed if the prohibited person accessed a gun in a lawful act of self-defense or in the defense of another person.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

Transporting Firearm Laws

Transporting

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

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

Handguns that can be concealed

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

  1. unloaded,
  2. locked in the trunk of the vehicle or in a locked container inside the vehicle, and
  3. apparent, or not concealed inside the vehicle.

It is always a crime to transport a loaded firearm.

Gun ammo can be either stored in:

  • the locked container, or
  • some other carrying device.

Owners of guns must adhere to these rules no matter if they are:

  • the driver of the vehicle, or
  • a passenger inside the car.

Firearms that cannot be concealed

State law says that firearms that cannot be concealed must be unloaded when a person transports them.

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

Note that firearms that cannot be concealed include:

  • shotguns,
  • long guns,
  • rifles,
  • carbines, and
  • a centerfire rifle.

Assault rifles

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

  1. unloaded, and
  2. stored in a locked container.

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

  • a licensed firearms dealer for servicing or repair,
  • the gun owner’s private property,
  • someone else’s property, provided that the property owner has given the person permission to bring the gun, and
  • a firing range.

Semi-automatic rifles are examples of assault rifles.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

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

Buying

Under California’s Dealer’s 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.

State law imposes a 10-day waiting period before a seller can release or transfer a gun to a buyer and allow that person to take gun ownership.

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.

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.

The DROS process requires purchasers to present a licensed dealer with clear evidenceof his/her age at the time of buying a gun. This evidence 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.

Purchasers of handguns also have to provide proof of California residency. This can be done by way of a:

  • utility bill,
  • residential lease,
  • property deed, or
  • government-issued ID.

Also, with handguns, note that there is no limit on the total number of handguns that a person can buy. However, most buyers cannot buy more than one handgun in any 30-day period.

Note that a “handgun” includes items like:

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

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

Selling

Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms. If a person satisfies all of the requirements, then he/she can become a licensed dealer.

Some of these requirements include that gun dealers:

  • have a valid firearms license imposed under federal law,
  • have any regulatory or business license, or licenses, required by local government, and
  • have a valid seller’s permit issued by the State Board of Equalization.

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

Note that all California licensed dealers have to be “federally licensed firearms dealers.” This means they are all required to perform background checks.

See California’s Bureau of Firearms’ website for any new laws regarding when DOJ must complete a background check 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 subject to a court order related to domestic violence or a serious mental condition.

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

Violators face up to:

  • one year in county jail, and/or
  • a maximum fine of $1,000.

Registering

A person can register a gun in California by completing and submitting a Firearm Ownership Report (FOR) Application. A completed report is an owner’s declaration that he/she is the gun’s true owner.

A FOR Application is not required for most guns/gun owners under the State’s 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.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/