Whiskey Creek Solutions

Personal Firearm Instruction

News and Updates

Are ghost guns legal in California?

People who assemble their own guns in California have to apply 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. However, federal law may soon require that gun parts have their own serial numbers, and for people to have to pass background checks in order to purchase gun parts.

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 are some California offenses that involve firearms?

There are several California crimes that involve firearms. In addition to the ones mentioned above, some others include:

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/ 

How can I restore gun rights after a criminal conviction?

As stated above (Section 1.1), 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, about 40 misdemeanors carry a 10-year firearms ban.  Some of these include:

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

  1. having a “wobbler” felony reduced to a misdemeanor, or
  2. receiving a pardon from the California governor.

Reducing a felony to a misdemeanor means that a person will not face a lifetime ban on guns (because the felony conviction is reduced).

As to a pardon, a person must apply directly to the governor for a pardon if:

  • he/she lives outside California, or
  • he/she was convicted of certain misdemeanor sex offenses.

Otherwise, obtaining a pardon is a two-step process. A person must:

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

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

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 are the rules on ammunition and gun accessories?

In addition to addressing firearms, California’s gun laws impose rules and restrictions on the following:

  1. large capacity magazines,
  2. armor-piercing magazines,
  3. silencers,
  4. stun guns,
  5. laser scopes and laser pointers.

1. Large capacity magazines

As mentioned above (Section 6), large-capacity magazines are now legal in California. “Large-capacity magazines” are those that can generally hold 10 rounds of ammunition or more.

2. Armor-piercing ammunition

Penal Code 30315 PC is the California statute that makes it a crime 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 offense, meaning it can be charged as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by up to one year in county jail.

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

3. Silencers

Per California Penal Code 33410 PC, it is a crime for a person to possess a silencer.

A violation of this statute is charged as a felony. The offense is punishable by:

  • custody in county jail for up to three years, and/or
  • a fine not to exceed $10,000.122

4. Stun guns

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

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

  1. anyone convicted of a felony, any crime involving assault, or any crime involving the misuse of a stun gun under PC 244.5,
  2. narcotic addicts, and
  3. minors, unless he/she is at least 16 years of age and has the written consent of his/her parent or legal guardian.

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

Subsequent violations are treated as misdemeanors, punishable by:

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

5. Laser scopes and laser pointers

Penal Code 417.25 PC is the California statute that makes it a crime for a person to point a laser scope, or a laser pointer, at another person in a threatening manner.

Note that “threatening manner,” means that the pointing of the scope or laser instills fear of bodily harm in the other person.

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

A “laser pointer” is a hand-held laser beam device that emits a single point of light, which can be seen by the human eye.

A violation of PC 417.25 is charged as a misdemeanor in California. The crime is punishable by imprisonment in county jail for up to 30 days.

Note that in lieu of jail time, a judge may impose misdemeanor (or summary) probation.

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/ 

Are Assault Rifles prohibited in California?

Penal Code 30600 PC largely bans assault weapons in California. (Although a federal judge overturned this ban on June 4, 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.

7.1. Penal Code 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.

This law does not apply to the possession of these weapons. Possession of these types of guns, however, is a crime under Penal Code 30605 PC.

As to possession, note that antique firearms and similar curios are exempt from this statute.

A defendant is only guilty under PC 30600 if he:

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

Note that Senate Bill 61 was signed into law in 2019. It adds two new laws with regard to assault weapons in California. The bill does the following:

  1. limits the purchase of these guns to one per month, and
  2. prohibits the sale of semi-automatic rifles to anyone under 21.

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

  • a permit to manufacture these weapons, and
  • then sell them to law enforcement agencies or military agencies.

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

A violation of PC 30600 is charged as a felony. The crime is punishable by:

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

  • transferred,
  • loaned,
  • sold, or
  • gave

an assault weapon or BMG rifle to a minor.

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

If charged as a misdemeanor, the crime is punishable by:

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

If charged as a felony, the offense is punishable by imprisonment in the county jail for up to three years.

Definition of assault weapons and .50 BMG rifles

An assault weapon is a weapon that is identified as such in a California statute.

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 series rifles,
  • Uzi submachine guns, and
  • the Striker 12 shotguns.

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.

A .50 BMG rifle is not an assault weapon or a machine gun.

It is a centerfire rifle that can fire a .50 BMG cartridge.

A .50 BMG rifle has all of the following characteristics:

  • the overall length is 5.54 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 case base diameter for the cartridge is from .800 inches to, and including, .804 inches.

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/