What Are the Federal Gun Laws in California?
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What Are the Federal Gun Laws in California?
Gun laws in California can be pretty confusing and complicated, am I right? As a Californian myself, I get it. There’s like a million different state and federal laws about what kinds of guns you can own, how to buy them, where you can take them…it’s a lot. But I’m here to try and break it down for you in simple terms, so you can understand the basics.
First off, let’s talk about who can and can’t own guns in California. There are some federal laws that prohibit certain groups from having firearms. For example, if you:
- Have been convicted of a felony
- Are addicted to drugs or alcohol
- Have been involuntarily committed to a mental institution
- Have a restraining order against you
- Are an undocumented immigrant
Then you are not allowed to purchase or possess firearms under federal law. That applies whether you live in California, Texas, Maine…wherever. Those are nationwide restrictions.
Now let’s get into some of the specific California state laws regarding gun ownership. In addition to the federal rules, California also says you can’t have guns if:
- You’ve been convicted of certain misdemeanors like assault or battery
- You have any outstanding warrants for your arrest
- You’re behind on child support payments
- You have a gun violence restraining order against you
As you can see, California adds some extra limitations beyond the federal laws. This state is known for having stricter gun control than much of the country. Some people argue it infringes on their 2nd Amendment rights, while others say it helps improve public safety. I’ll let you decide where you stand on that debate!
Buying and Selling Guns in California
Now that we’ve covered who can and can’t own guns in CA, let’s talk about actually buying and selling them. There’s a whole process you have to go through here, moreso than in many other parts of the country.
If you want to purchase a gun, you have to:
- Be 21 years old for handguns, 18 for rifles/shotguns
- Pass a background check
- Complete a Firearms Safety Certificate course
- Wait out a 10-day waiting period before receiving the gun
That 10 day waiting period applies anytime you purchase a firearm, even if it’s your 10th gun. It’s supposed to give people a “cool down” period in case they were planning on committing a crime of passion. The intention is good, but some argue it’s more hassle than it’s worth.
When it comes to selling guns in California, private party transfers also have to go through a licensed dealer. That means you can’t just sell a gun to your buddy or trade it for cash. You have to find a gun dealer who can facilitate the transfer and make sure a background check is completed. They’ll charge a fee for that service, of course.
One more quick note – California has banned the sale of many semi-automatic, military-style rifles that it considers “assault weapons.” So you can’t just walk into a gun shop and buy an AR-15 here like you could in some other states.
Concealed Carry and Open Carry Laws
Now let’s talk about actually carrying guns around in public once you buy them. This is another area where California’s laws are much more restrictive than places like Texas or Florida.
If you want to carry a concealed handgun, you have to apply for a CCW (Carry a Concealed Weapon) permit from your local sheriff or police chief. They have discretion over whether to issue permits or not. Most jurisdictions rarely hand out CCW permits to regular citizens unless they have a compelling need.
When it comes to open carry, that’s mostly illegal here too. You can only openly carry firearms in unincorporated rural areas of the state. But not in any incorporated cities or towns. And even in rural areas, your gun has to be unloaded and in a locked container.
The bottom line is that California tries to limit public carry of guns as much as it can. Gun rights advocates argue this infringes on their self-defense rights. But supporters say it helps cut down on everyday gun violence on the streets.
Transporting and Storing Guns
Let’s wrap up this overview of California gun law by talking about how you have to transport and store firearms.
If you’re moving handguns around, they have to be unloaded and in a locked container separate from the ammo. For rifles and shotguns, they just have to be unloaded but don’t need a separate container.
When it comes to storage, you’re required to keep guns in a locked container or disabled with a trigger lock when not in use. If someone accesses your unsecured firearm and commits a crime, you could potentially be held liable under California’s negligence laws.
There are also restrictions on keeping guns in cars. They have to be unloaded and locked in the trunk or a locked container. Having them loose in your glovebox or under the seat would be illegal here.
In Closing…
Phew, that was a lot of information! As you can see, California has a ton of state and federal gun laws that regulate everything about buying, selling, owning, and carrying firearms. Supporters argue these strict laws help curb gun violence, while critics say they infringe on 2nd Amendment rights.
No matter where you stand in the debate, I hope this overview helped explain the key firearms laws and restrictions in California. Let me know if you have any other gun law questions!
References
How California got tough on guns – Overview of CA gun laws and political debates
Gun laws in California – Wikipedia summary of key state gun laws
California Has More Than 100 Gun Laws. Why Don’t They Stop More Mass Shootings? – NYT analysis of CA gun laws
2021 California Firearms Laws Summary – Official CA DOJ publication on gun laws
Experts explain why California is still rife with gun violence despite some of the most stringent gun laws in the country – ABC News analysis