Can I Bring a Rifle Ito California Camping

Summary of California Gun Laws

California's gun laws requite nigh adults age 21 and older the correct to purchase, own, and possess a gun. Several state laws, nevertheless, limit this right and prohibit certain classes of people from acquiring or possessing a firearm. Examples include convicted felons and narcotics addicts.

Further, licensed gun dealers cannot do any of the following in relation to a person nether the age of 21:

• sell a gun,
• supply a gun, or
• transfer a gun.

Note that once a person possesses a gun, Country laws impose many requirements equally to:

• the transportation of firearms, and
• the storage of firearms.

Further, California's gun laws brand it a crime for a person to bear a concealed firearm or concealed weapon. This criminal offense, all the same, will not get charged if a person has a lawful concealed bear permit.

Similarly, State police generally makes it illegal for a person to openly carry a gun. This applies to the open up carry of both:

• unloaded weapons, per Penal Code 26350, and
• loaded weapons, per Penal Lawmaking 25850 PC.

Penal Code 16590 is the California statute that bans a person from possessing, making, or selling specific types of firearms. Some of these include:

• short-barreled shotguns and rifles, likewise illegal per Penal Lawmaking 33215 PC,
• undetectable firearms, besides illegal per Penal Code 24610 PC, and
• nothing guns, also illegal per Penal Code 33600 PC.

Assault weapons and BMG rifles are as well banned in California per Penal Code 30600 PC. The constabulary specifically prohibits a person from doing the following with these firearms:

• industry,
• distribute,
• transport,
• import,
• sell or
• give away.

Penal Code 30605 PC makes it a criminal offence for a person to possess these weapons. (Note that on June four, 2021, a federal gauge overturned California's ban on assault weapons on the grounds that information technology violates the ramble right to deport arms under the 2d Subpoena. But assault weapons remain illegal in California while the country appeals the ruling.)

Annotation that at that place are six places in California where a person cannot bring a firearm. These are:

1. schools, per Penal Code 626.9 PC,
2. public buildings and meetings open to the public, per Penal Code 171b PC,
3. regime buildings, per Penal Code 171c PC,
4. the Governor's mansion, per Penal Code 171d PC,
5. airports and passenger vessel terminals, per Penal Lawmaking 171.five PC, and
6. public transit facilities, per Penal Code 171.7 PC.

In addition to covering guns, California's firearm laws also apply rules and restrictions to the post-obit:

1. armor-piercing bullets, per Penal Code 30315 PC,
2. silencers, per Penal Code 33410 PC,
3. stun guns, per Penal Lawmaking 22610 PC, and
4. laser scopes and laser pointers, per Penal Code 417.25 PC.

Some criminal convictions will result in a person losing his/her right to own, purchase, and possess a gun. If stripped of these rights, the person can try to restore his/her gun rights. This is most oft accomplished by:

1. getting a wobbler felony reduced to a misdemeanor, and
2. receiving a pardon from California's Governor.

In this article, our California criminal defense force attorneys volition respond the post-obit 11 key questions:

• one. Who is (and isn't) allowed to have guns in California?
  • 1.1. People prohibited from possessing a gun
  • 1.two. Firearm Safety Certificates
• ii. What is the process for buying, selling, and registering guns?
  • 2.one. Buying
  • 2.2. Selling
  • 2.3. Registering
• three. Are there rules nigh transporting and storing firearms?
  • 3.1. Transporting
    • three.one.1. Handguns that can be concealed
    • 3.1.two. Firearms that cannot be concealed
    • iii.1.three. Assault rifles
  • iii.ii. Storing
    • 3.2.1. Child present
    • three.ii.2. Storage with prohibited person
• four. Who is allowed to carry a concealed weapon?
  • 4.1. Penal Code 25400
  • four.2. Curtained behave let
• 5. Is anyone allowed to open carry?
• 6. Are certain types of firearms illegal altogether?
• 7. What about assault weapons?
  • seven.i. Penal Code 30600
  • seven.2. Definition of assault weapons and .50 BMG rifles
• 8. Are in that location places where guns are prohibited?
  • 8.i. School grounds
  • eight.2. Public buildings and meetings open up to the public
  • 8.three. Regime buildings
  • 8.4. The Governor's mansion
  • 8.5. Airports and passenger vessel terminals
  • 8.half-dozen. Public transit facilities
• 9. What are the rules on ammunition and gun accessories?
  • nine.1. Large capacity magazines
  • 9.ii. Armor-piercing ammunition
  • 9.3. Silencers
  • 9.four. Stun guns
  • 9.5. Laser scopes and laser pointers
• 10. How can I restore gun rights after a criminal conviction?
• 11. What are some California offenses that involve firearms?
• 12. Are ghost guns legal in California?

California law allows about people over the age of 21 (merely not all) to ain/possess a gun.

1. Who is (and isn't) allowed to have guns in California?

The Second Amendment to the Us Constitution provides people with the right to comport arms.

Further, California gun laws allow almost adults historic period 21 and older to:

• buy,
• own, and
• possess a gun.

California laws, though, provide some limitations on this right. For example, State police:

• prohibits some people from acquiring or possessing a gun, and
• requires Californians to obtain a Firearm Prophylactic Certificate (FSC) prior to legally acquiring a gun.

1.1. People prohibited from possessing a gun

The following people are generally prohibited from buying or possessing a gun in California:

1. convicted felons,^ane
2. narcotic addicts,²
3. persons with two or more than convictions under Penal Code Section 417 PC, California's law against brandishing a weapon,³
4. persons convicted of certain misdemeanor offenses (for example, corporal injury to a spouse, per California Penal Code 273.5 PC and crimes involving domestic violence),⁴
5. persons who suffer from mental illness,⁵ and
6. people under 18 (this group of people, though, can own a BB gun if they have parental consent).⁶

Annotation that California'due south red flag law too allows coworkers, employers, and teachers to seek restraining orders to remove guns from the possession of potentially dangerous people.⁷ These orders are sometimes referred to every bit "gun violence restraining orders," or GVROs.

Besides notation that if a person is prohibited from owning a gun, so he/she is too prohibited from owning any armament.⁸

If a person does not fall into ane of the above-prohibited categories, then he/she can legally buy and possess a gun.

These persons may legally keep a gun inside their house or a place of business that they own. Gun owners may also legally carry a gun from place to place provided that it is in a locked container.⁹

i.2. Firearm Safety Certificates

Per Penal Code 26840 PC, any person who acquires a firearm must have a Firearm Safety Certificate (FSC).^ten In the case of a handgun, information technology is permissible if the owner has an expired handgun safety document.¹¹

The above statute applies unless a person is exempt under the law from having to have a certificate. An instance of an exempt person is someone that:

1. was issued a valid hunting license, and
2. wants to own or possess long guns.¹²

To obtain an FSC, a person must pass a California Section of Justice (DOJ) written test on firearm safety.

California requires prospective gun owners to obtain a Firearm Safety Certificate (FSC) prior to legally acquiring a gun.

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

The State of California'due south firearms laws impose certain rules and restrictions with regards to the:

1. purchase of a gun,
2. auction of a gun, and
3. registration of a firearm.

2.1. Ownership

Nether California's Dealer'due south Record of Auction (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.^thirteen

State police force 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.¹⁴

Per Penal Code 27510, a licensed dealer cannot exercise whatever of the post-obit in relation to a person nether the age of 21:

• sell a gun,
• supply a gun,
• deliver a gun,
• transfer a gun, or
• give possession or control of a gun.^fifteen

Some exceptions to this rule apply. For example, a dealer can sell or transfer a gun to a person under 21, merely over the historic period 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.^xvi

The DROS procedure requires purchasers to present a licensed dealer with clear bear witness of his/her age at the time of buying a gun. This evidence may include:

• a valid California commuter's license,
• a valid California identification card, and
• a military identification card with a copy of permanent duty station orders.¹⁷

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

• utility bill,
• residential lease,
• holding deed, or
• government-issued ID.¹⁸

Also, with handguns, annotation that there is no limit on the total number of handguns that a person can buy. However, about buyers cannot buy more than one handgun in any xxx-day period.^nineteen

Note that a "handgun" includes items like:

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

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

2.2. Selling

Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms. If a person satisfies all of the requirements, and so he/she tin can become a licensed dealer.²⁰

Some of these requirements include that gun dealers:

• accept a valid firearms license imposed under federal law,
• have whatsoever regulatory or business license, or licenses, required by local government, and
• take a valid seller's permit issued by the Country Board of Equalization.²¹

Federal law requires federally licensed firearms dealers (but non private sellers) to initiate a background check on a purchaser prior to the sale of a firearm.²²

Note that all California licensed dealers have to exist "federally licensed firearms dealers." This means they are all required to perform background checks.

See California's Agency of Firearms' website for any new laws regarding when DOJ must consummate a groundwork check during COVID-19.

Federal police prohibits a person from acquiring or possessing a gun if he/she:

• has been convicted of certain crimes, or
• is subject to a court club related to domestic violence or a serious mental status.²³

Penal Code 26500 makes it a misdemeanor to sell, lease, or transfer a gun without a license.²⁴

Violators face to:

• 1 year in county jail, and/or
• a maximum fine of $1,000.²⁵

two.iii. Registering

A person tin can register a gun in California past completing and submitting a Firearm Ownership Report (FOR) Application.²⁶ A completed study is an owner's declaration that he/she is the gun'south true owner.

A FOR Application is not required for most guns/gun owners nether the State'south 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.²⁷

iii. Are there rules about transporting and storing firearms?

Once a person buys or acquires possession of a firearm, California law imposes several public rubber requirements when a person:

• transports the gun, and
• stores the gun.

3.1. 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 burglarize.

3.1.1. Handguns that tin can be curtained

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

1. unloaded,
2. locked in the torso of the vehicle or in a locked container inside the vehicle, and
3. apparent, or not concealed inside the vehicle.²⁸

It is e'er 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 affair if they are:

• the commuter of the vehicle, or
• a passenger within the car.

3.i.2. Firearms that cannot be curtained

State law says that firearms that cannot be concealed must be unloaded when a person transports them²⁹

Typically, local laws say that non-concealable firearms practise not accept to be in a locked container. United States federal police force, though, says that some types of firearms do have to exist in a locked container or in a gun rack when in a school zone.³⁰ These are zones located within 1,000 anxiety of the grounds of a Chiliad-12 schoolhouse.³¹

Note that firearms that cannot exist concealed include:

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

3.one.3. Assault rifles

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

1. unloaded, and
2. stored in a locked container.³²

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

• a licensed firearms dealer for servicing or repair,
• the gun owner's private holding,
• someone else's property, provided that the property owner has given the person permission to bring the gun, and
• a firing range.³³

Semi-automatic rifles are examples of attack rifles.

3.2. Storing

California'south attorney general provides several recommendations on gun storage. The attorney general encourages gun owners to:

1. store their gun with a state-canonical 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. shop their gun in a different location than the ammunition.³⁴

Boosted rubber measures will employ in the event that either:

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

iii.two.one. Kid present

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

1. store a loaded firearm in a dwelling house, or inside an expanse of the possessor'southward control, and
2. do so when the owner knows, or should know, that a child could access information technology without a parent'due south permission.³⁵

This means if a gun possessor 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 exterior of the child'southward admission (like a locked container).

A violation of the above law is a misdemeanor criminal offense. The crime is punishable by upwardly to 1 year in county jail. This punishment will increment if a child accesses the weapon and causes:

• impairment,
• great bodily injury, or
• death.³⁶

Annotation that no criminal charges volition be filed if a child accessed the gun in a lawful deed of self-defense or in the defense of another person.³⁷

three.2.2. Storage with prohibited person

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

1. shop a loaded gun in a home, or within an area of the owner'south command, and
2. do so when the owner knows, or should know, that a person prohibited from possessing a firearm could access information technology.³⁸

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

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

A violation of the above law is charged as a misdemeanor. The law-breaking is punishable by up to 1 year in county jail.

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

• harm,
• slap-up actual injury, or
• expiry.³⁹

In such cases, the crime can be charged every bit a felony and lead to custody in state prison house for up to three years.⁴⁰

Note, though, that no criminal charges will exist filed if the prohibited person accessed a gun in a lawful act of self-defense or in the defense of some other person.⁴¹

Penal Code 25400 PC makes it a criminal offence for a person who does not accept a CCW to carry a concealed weapon.

iv. Who is allowed to bear a concealed weapon?

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

However, the statute volition not utilize if a person has a lawful concealed carry permit, or "CCW." This means a party tin can legally carry a concealed weapon if he/she has obtained a CCW.

4.i. Penal Code 25400

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

A prosecutor must prove the post-obit to captive a person under this statute:

1. the defendant concealed a firearm on his/her person or in a vehicle,
2. the defendant knew nigh the presence of the concealed gun, and
3. the firearm was essentially concealed.⁴²

As to the 2d chemical element above, it is a legal defence to this crime if the accused did non know of the presence of a weapon. For example, a accused is not guilty if he was in a friend's machine and did non know that there was a gun under his seat.

A violation of this constabulary is charged as a misdemeanor.⁴³ A conviction is punishable by:

• custody in county jail for up to one year, and/or
• a maximum $1,000 fine.⁴⁴

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

1. the defendant has a prior felony conviction or conviction for a California firearm offense,⁴⁵
2. the firearm is stolen and the accused knew, or had reasonable cause to believe, that information technology was stolen,⁴⁶
3. the accused was actively involved in a criminal street gang,⁴⁷
4. the defendant unlawfully possessed the firearm,⁴⁸
5. the accused was prohibited from possessing a firearm nether Penal Lawmaking 29800 PC, California'south felon with a firearm law,⁴⁹ or
6. the accused was prohibited from possessing a firearm under Penal Code 29900 PC for committing a trigger-happy offense.⁵⁰

Every bit to number 1 to a higher place, note that a defendant volition serve a minimum of three years in canton jail if:

• he/she carried a concealed weapon, and
• has a prior firearm offense.⁵¹

This includes prior convictions under:

• Penal Code 245a1 PC, assault with a deadly weapon,
• Penal Code 246 PC, shooting at an inhabited abode business firm or machine, and
• Penal Code 417 PC, California'south brandishing a weapon law.⁵²

Every bit to number six above, offenses accounted "violent" for purposes of this section include (but are not express to):

• murder,
• rape,
• lewd acts on a child,
• robbery,
• kidnapping, and
• carjacking.⁵³

Felony carrying a concealed firearm is punishable by:

• upward to 3 years in canton jail, and/or
• a maximum $10,000 fine.⁵⁴

4.two. Concealed carry permit

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

A curtained comport allow is sometimes referred to as a "concealed weapons permit."

The post-obit are the only parties that may consequence a CCW:

• a canton sheriff,⁵⁵ or
• the chief or other head of a municipal police department.⁵⁶

A person must prove the post-obit in order to receive a CCW:

1. he/she is of good moral grapheme,
2. good crusade exists for issuance of the license considering the person, or a family member, is in firsthand danger,
3. he/she meets certain residency requirements, and
4. the person has completed an acceptable course on firearms training.⁵⁷

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 near the constitutionality of California'southward laws on CCW permits. In 2014, the courtroom ruled that that the "adept cause" requirement to obtain a CCW violated the 2nd Amendment right to bear arms.⁵⁸

Just in June 2016, the court overturned this finding. The court ruled that in fact, the Second Amendment does non employ to concealed firearms, and thus there are no ramble rights implicated by California's "proficient crusade" requirement.⁵⁹

Farther, the United States Supreme Court (sitting in Washington, D.C.) refused to consider a challenge to California's concealed acquit law.⁶⁰ Then constabulary-constant gun owners tin can still carry a curtained handgun if they obtain a CCW.

5. Is anyone immune to open conduct?

It is generally a crime for a person to openly carry a firearm in California.⁶¹ This applies to the open up comport of both:

• loaded guns, and
• unloaded guns.

Note, nonetheless, there is i exception involving the open carry of loaded guns. Under California constabulary, the sheriff of any canton with a population under 200,000 people may consequence licenses for people to carry a loaded, exposed handgun.⁶²

Note too that the laws regarding the open carry of firearms may change. In 2018, a court ruled that the Second Amendment guarantees the open carry of a gun.⁶³ This decision, however, was appealed and the court will be rehearing the case afterward in 2020.⁶⁴

Conveying an unloaded handgun in public is a misdemeanor.⁶⁵ Most violations are punishable by:

• up to ane year in county jail, or
• a fine of up to $1,000.⁶⁶

Carrying a loaded firearm in public is a misdemeanor.⁶⁷ The penalties include:

• custody in county jail for upwardly to one year, and/or
• a maximum fine of $1,000.⁶⁸

Annotation, though, that aggravating factors can make the offense a wobbler offense. This means a prosecutor can charge the offense as either a misdemeanor or a felony.

A felony conviction can result in imprisonment in canton jail for up to three years.⁶⁹

vi. Are sure types of firearms illegal altogether?

Penal Lawmaking 16590 is the California statute on "generally prohibited weapons." The law bans certain firearms and firearm accessories.

More than specifically, the statute makes it a crime for a person to practise any of the post-obit with these guns/add-ons:

• industry them,
• import them into the land,
• keep them for auction,
• offer them for sale,
• give them away,
• lend them, or
• possess them.⁷⁰

A "generally prohibited weapon" includes the post-obit guns, equipment, and armament:

1. curt-barreled shotguns and rifles, also illegal per Penal Code 33215 PC,⁷¹
2. undetectable firearms, as well illegal per Penal Code 24610 PC,⁷²
3. firearms that are non immediately recognizable equally firearms, besides illegal per Penal Code 24510 PC,⁷³
4. unconventional pistols, also illegal per Penal Code 31500 PC,⁷⁴
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,⁷⁵
6. wallet guns (or a firearm enclosed in a modest case), also illegal per Penal Lawmaking 17330 PC,⁷⁶
7. zip guns (or a cheap makeshift firearm made past miscellaneous material), too illegal per Penal Code 33600 PC,⁷⁷
8. camouflaging firearm containers, too illegal per Penal Code 24310 PC,⁷⁸
9. bullets containing explosive agents, as well illegal per Penal Code 30210 PC,⁷⁹
10. multiburst trigger activators – likewise illegal per Penal Code 32900 PC,⁸⁰ and

A violation of these laws is a wobbler. This ways a prosecutor tin can charge the crime as either a misdemeanor or a felony.⁸¹

If a misdemeanor, the crime is punishable by:

• custody in county jail for up to one yr, and/or
• a maximum fine of $one,000.⁸²

If a felony, the offense is punishable by:

• imprisonment in jail for upwardly to three years, and/or
• a maximum fine of $10,000.⁸³

Note that large-capacity armament magazines are illegal in California.⁸⁴ In 2021, the Ninth Excursion held that Penal Lawmaking 32310 PC – which bans LCMs – does not violate self-defense laws.⁸⁵

7. What about assault weapons?

Penal Code 30600 PC largely bans assault weapons in California. (Although a federal judge overturned this ban on June 4, 2021, information technology remains in event while the state appeals the ruling.)

A question often arises under this statute on the significant of assault weapons and .50 BMG rifles.

7.1. Penal Code 30600

Penal Lawmaking 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.⁸⁶

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

As to possession, notation that antiquarian firearms and similar curios are exempt from this statute.

A defendant is just guilty nether 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 .fifty BMG rifle.⁸⁷

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

1. limits the buy of these guns to one per calendar month, and
2. prohibits the sale of semi-automated rifles to anyone under 21.⁸⁸

Note likewise that California police force does allow certain qualified personnel to receive:

• a allow to manufacture these weapons, and
• then sell them to law enforcement agencies or armed services agencies.

This means a accused would not exist guilty under PC 30600 if he legally had i of these permits. This is provided a weapon was made, or sold to, a police officeholder or military section.

A violation of PC 30600 is charged every bit a felony. The criminal offence is punishable past:

• custody in county jail for up to eight years, or
• felony (or formal) probation.⁸⁹

Note that a guilty defendant will receive an boosted 1-year jail term if he:

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

an assault weapon or BMG rifle to a minor.⁹⁰

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

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

• imprisonment in county jail for upward to one yr, and/or
• a fine of upward to $1,000.⁹¹

If charged equally a felony, the offense is punishable by imprisonment in the county jail for up to three years.⁹²

vii.2. Definition of assault weapons and .fifty BMG rifles

An assault weapon is a weapon that is identified as such in a California statute.⁹³

For case, Penal Code 30510 PC lists over 70 types of firearms that are all classified equally set on weapons. Some of these include:

• all AK series rifles,
• Uzi submachine guns, and
• the Striker 12 shotguns.⁹⁴

Penal Code 30515 PC also lists some semiautomatic centerfire rifles that are considered assail weapons. Some of these are:

• Bushmaster semiautomatic rifles,
• the TAVOR Bullpup burglarize, and
• the Micro-UZI submachine gun.⁹⁵

A .50 BMG burglarize is non an assault weapon or a motorcar gun.

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

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

• the overall length is v.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.⁹⁶

8. Are there places where guns are prohibited?

There are 6 places in California where guns are prohibited. These are:

1. schoolhouse grounds,
2. public buildings and meetings open to the public,
3. authorities buildings,
4. the Governor's mansion,
5. airports and passenger vessel terminals, and
6. public transit facilities.

8.ane. Schoolhouse grounds

Penal Lawmaking 626.9 PC is California'south Gun-Gratuitous School Zone Act. The statute prohibits anyone from possessing a gun on or near school grounds.⁹⁷

More than specifically, the law makes it a criminal offense to:

1. possess a firearm in or on the grounds of a public or private K-12 schoolhouse,⁹⁸
2. discharge, or attempt to discharge, a firearm in a school zone with reckless disregard for the safety of some other,⁹⁹ and
3. bring or possesses a loaded firearm upon the grounds of student or teacher housing for a public or private university.¹⁰⁰

A violation of these laws can outcome in a jail sentence of up to 7 years.¹⁰¹

8.ii. Public buildings and meetings open to the public

Penal Lawmaking 171b PC is the California statute that makes it a crime for a person to bring or possess sure "weapons" into:

• public buildings, and
• meetings open up to the public.¹⁰²

Some of these "weapons" include whatever:

• firearm,
• knife with a blade length over four inches,
• tear gas weapon,
• taser or stun gun, and
• BB or pellet gun.¹⁰³

A "public building" is a building owned or leased by the state or local authorities, if country or local public employees are regularly present to perform their official duties.¹⁰⁴

Note that this statute may not necessarily apply to:

1. those personnel that transport weapons into a courtroom of law to be used equally evidence,
2. police officers and law enforcement officers,
3. persons belongings a valid license to carry a firearm, and
4. a person who has permission to possess the weapon and is in accuse of securing the public building he is in.¹⁰⁵

A violation of this statute is a wobbler offense, meaning it can exist charged as either a misdemeanor or a felony.¹⁰⁶

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

If charged every bit a felony, the offense is punishable by custody in canton jail for up to 3 years.

viii.3. Government buildings

Penal Code 171c PC makes it a law-breaking for a person to bring a loaded firearm into whatsoever of the post-obit:

• the State Capitol,
• any legislative office,
• any hearing room in which any committee of the Senate or Associates is conducting a hearing, or
• the Legislative Office Edifice at 1020 N Street in the Urban center of Sacramento.¹⁰⁷

A violation of this statute is a wobbler. This means it can be charged as either a misdemeanor or a felony.

A misdemeanor conviction tin can bring a county jail judgement of upwardly to one yr.¹⁰⁸

A felony conviction tin lead to custody in county jail for up to three years.¹⁰⁹

viii.4. The Governor's mansion

Penal Code 171d PC is the California statute that makes it a crime for a person to possess a loaded firearm within or on the grounds of:

• the Governor'southward Mansion or any other residence of the Governor,
• the residence of any other constitutional officer, or
• the residence of whatever member of the California Legislature.¹¹⁰

A violation of this police is a wobbler. This means it can be charged as either a misdemeanor or a felony.

A misdemeanor offense is punishable past imprisonment in county jail for up to ane twelvemonth.¹¹¹

A felony offense is punishable by custody in county jail for upwardly to three years.¹¹²

viii.5. Airports and rider vessel terminals

Penal Code 171.5 PC makes it a crime for a person to possess, within any sterile area of an aerodrome or a passenger vessel final:

• a firearm,
• a taser or stun gun,
• a BB or pellet gun,
• an imitation firearm,
• the frame or receiver of a firearm, or
• any ammunition.¹¹³

Possession of any of these guns within the sterile (postal service-security check) area of an airdrome or a passenger vessel concluding is charged as a misdemeanor. The offense is punishable by:

• up to 6 months in county jail, and/or
• a fine of upwards to $1,000.¹¹⁴

8.six. Public transit facilities

Penal Lawmaking 171.7 PC makes it a crime to knowingly possess within any sterile area of a public transit facility:

• a firearm,
• an imitation firearm,
• a taser or stun gun,
• a BB or pellet gun, or
• a spot mark or paint gun.¹¹⁵

Note, though, that the sterile expanse must be posted with a statement providing reasonable notice that prosecution may result.¹¹⁶

Public transit facilities transport members of the public for hire. They include (but are non express to):

• streetcars,
• buses,
• light track systems,
• rapid transit systems,
• subways, and
• trains.¹¹⁷

A violation of this law is charged as a misdemeanor. The law-breaking is punishable by:

• up to vi months in county jail, and/or
• a fine of up to $1,000.¹¹⁸

nine. What are the rules on ammunition and gun accessories?

In add-on 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.

9.1. Large chapters magazines

As mentioned higher up (Department 6), large-capacity magazines are now legal in California. "Large-chapters magazines" are those that tin can generally hold 10 rounds of armament or more.¹¹⁹

ix.2. Armor-piercing ammunition

Penal Code 30315 PC is the California statute that makes information technology a criminal offense 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, significant it tin can exist charged as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by up to one year in canton jail.¹²⁰

A felony confidence can atomic number 82 to custody in county jail for up to 3 years.¹²¹

nine.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 canton jail for upwardly to three years, and/or
• a fine not to exceed $10,000.¹²²

ix.4. Stun guns

Information technology is legal in California for nearly people to own a stun gun.

Notwithstanding, Penal Code 22610 PC makes it illegal for sure people to buy, utilise, or possess a stun gun. These people include:

1. anyone bedevilled of a felony, any offense involving assault, or any criminal offence 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.¹²³

The get-go violation of Penal Code 22610 is a public crime punishable past a $50 fine.¹²⁴

Subsequent violations are treated as misdemeanors, punishable past:

• up to one year in county jail, and/or
• a maximum $i,000 fine.¹²⁵

ix.5. Laser scopes and light amplification by stimulated emission of radiation pointers

Penal Code 417.25 PC is the California statute that makes it a offense for a person to point a laser scope, or a laser pointer, at another person in a threatening manner.¹²⁶

Note that "threatening manner," ways that the pointing of the scope or laser instills fear of bodily damage in the other person.¹²⁷

A "laser telescopic" is a portable battery-powered device that can be attached to a gun and can projection a light amplification by stimulated emission of radiation light onto objects.¹²⁸

A "laser pointer" is a hand-held light amplification by stimulated emission of radiation beam device that emits a single indicate of light, which can be seen by the human being eye.¹²⁹

A violation of PC 417.25 is charged as a misdemeanor in California. The crime is punishable past imprisonment in county jail for up to 30 days.¹³⁰

Notation that in lieu of jail fourth dimension, a estimate may impose misdemeanor (or summary) probation.

ten. How can I restore gun rights later a criminal conviction?

Every bit stated above (Section 1.ane), felony convictions and convictions of certain misdemeanors result in a person losing his/her correct to:

• own a gun,
• buy a gun, and
• possess a gun.

These people must relinquish their gun(s) post-obit a conviction.

A felony conviction means a person will lose his/her gun rights for life.

Similarly, a few weapon-related misdemeanor convictions can bailiwick a person to a lifetime ban on guns.

In addition, near 40 misdemeanors conduct a ten-twelvemonth firearms ban.¹³¹ Some of these include:

• stalking, per Penal Code 646.9 PC,
• battery, per Penal Code 242 PC,
• brandishing a weapon, per Penal Code 417, and
• making criminal threats, per Penal Code 422 PC.

Despite these rules, many people bedevilled of a crime tin endeavor 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.¹³²

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

Equally to a pardon, a person must apply straight to the governor for a pardon if:

• he/she lives outside California, or
• he/she was convicted of sure misdemeanor sex offenses.¹³³

Otherwise, obtaining a pardon is a 2-step process. A person must:

1. petition the superior court for a California Document of Rehabilitation, and
2. if the petition is granted, it automatically becomes a petition for a pardon from the California Governor.¹³⁴

Notation that California's Governor has consummate discretion to grant or deny pardon requests.

11. What are some California offenses that involve firearms?

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

• inflicting actual injury while brandishing a gun, per Penal Lawmaking 417.half dozen PC,
• California's "drive-by shooting" police force, per Penal Code 26100 PC,
• personal use of a firearm in the commission of a felony, per Penal Lawmaking 12022.5 PC,
• the "10-twenty-life 'use a gun and you're done'" law, per Penal Code 12022.53 PC,
• sentencing enhancement for criminal street gang participation, per Penal Code 186.22 PC,
• commission of a firearm felony while possessing metal-piercing armor or wearing a bullet-proof vest, per Penal Code 12022.2 PC,
• utilise of a gun during the commission of sex crimes, per Penal Code 12022.3 PC, and
• aiding or abetting a felony with a firearm, per Penal Lawmaking 12022.4 PC.

12. Are ghost guns legal in California?

People who assemble their own guns in California accept to apply for a serial number to affix to the gun. Otherwise, it is still legal to buy gun parts and gather them without a background check.¹³⁵ However, federal law may soon require that gun parts accept their own serial numbers, and for people to have to pass background checks in club to purchase gun parts.¹³⁶

For additional help…

Phone call our constabulary firm for help…

For additional guidance or to hash out your case with a criminal defense attorney, we invite yous to contact usa at Shouse Police Grouping. Our firm provides trusted legal communication and serves clients throughout California, including those in San Francisco, Los Angeles, and San Diego. Nosotros offer disbelieve rates and payment plans during the coronavirus pandemic.

For information on gun laws in Nevada and Colorado, please run into our articles on:

• "Nevada Gun Laws – with 2022 updates," and
• "Colorado Gun Laws (with 2022 updates)."

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Legal References:

meliandoned78.blogspot.com

Source: https://www.shouselaw.com/ca/defense/gun-laws/

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