Overview of Key California Firearms Laws

Who Is Prohibited from Possessing Firearms?

According to DOJ, under California law, several categories of individuals are barred from owning firearms [1].

These include:

Lifetime Prohibitions: Individuals convicted of felonies or violent offenses, such as murder or arson, or those convicted of domestic violence or specific firearm-related crimes after January 1, 2019. This also includes individuals adjudicated as dangerous due to mental disorders or those deemed mentally incompetent by a court.
10-Year Prohibitions: Individuals with convictions or outstanding warrants for certain misdemeanors, including violations of Penal Code sections related to assault or threats.
5-Year Prohibitions: Individuals taken into custody for mental health reasons or those subject to gun violence restraining orders. Also included are those prohibited from firearm possession due to mental health evaluations or threats reported to law enforcement.
Juvenile Prohibitions: Minors adjudicated as wards of the juvenile court for specific offenses are prohibited from firearm possession until age 30.
Miscellaneous Prohibitions: Individuals with probation conditions, those under mental health conservatorship, or those addicted to narcotics may also face restrictions.

Minors’ Possession of Handguns

Minors are generally prohibited from possessing handguns unless they are with a parent or legal guardian for lawful activities such as hunting or entertainment, or if they have written consent from a parent or guardian and are involved in these activities.

How to Verify Firearm Possession Eligibility

To determine eligibility to possess firearms, individuals can request a Personal Firearms Eligibility Check from the California Department of Justice. This review is available through the DOJ’s forms webpage and costs $20.

Sales and Transfers of Firearms in California

Who Can Sell Firearms?

Only licensed firearm dealers with a valid Certificate of Eligibility (COE) can sell firearms in California. Purchasers must provide personal information for the Dealer Record of Sale (DROS), which the dealer submits to the DOJ.

Waiting Period and Age Restrictions

California imposes a mandatory 10-day waiting period before a firearm can be delivered to the purchaser, during which a background check is conducted. Generally, individuals must be at least 21 years old to purchase any firearm, including semiautomatic centerfire rifles.

Minors and Ammunition

Minors are prohibited from possessing live ammunition unless accompanied by a parent or legal guardian, or engaged in lawful recreational or sporting activities.

Transferring Firearms

Firearms transfers between non-licensed individuals must be conducted through a licensed dealer, with the buyer and seller completing the DROS form and observing the 10-day waiting period. Transfers within immediate family, such as between parents and children, are exempt from this requirement but must be reported to the DOJ within 30 days.

Requirements for Firearm Purchases and Transfers

To purchase or transfer a firearm in California, individuals must meet several requirements, including proving residency, obtaining a Firearm Safety Certificate (FSC), completing a safe handling demonstration, and acquiring a firearm safety device. Handguns must be listed on the DOJ’s Roster of Handguns Certified for Sale.

New Firearms Laws Going into Effect in California in 2024

According to Fox News, California Governor Gavin Newsom recently enacted several significant firearm-related bills, including the nation’s first statewide tax on guns and ammunition and new regulations for carrying concealed weapons. This legislative push coincides with Newsom’s campaign to amend the U.S. Constitution to impose stricter firearm limits, which needs approval from two-thirds of state legislatures to progress [2].

Key New Firearm Laws Effective in 2024 and Beyond

Excise Tax: AB 28 introduces an 11% excise tax on firearms and ammunition purchases, with exceptions for law enforcement and businesses with minimal sales. The revenue will support gun violence prevention and victim assistance.
Microstamping Requirement: SB 452 mandates that starting in 2028, all pistols must include microstamping technology, which imprints unique markings on cartridge cases.
Body Armor Restrictions: AB 92 prohibits individuals banned from firearm possession from owning or purchasing body armor.
Firearm Relinquishment: AB 732 updates Prop 63, requiring individuals convicted of felonies or specific misdemeanors to surrender their firearms within 48 hours. It also permits search warrants if firearms are not relinquished.
3D-Printed Firearm Parts: AB 1089 restricts 3D printing and CNC milling of firearm parts to state-licensed manufacturers only, and prohibits sales of such items to non-licensed entities.
Concealed Carry Limitations: SB 2 imposes new restrictions on concealed weapon carry, banning it from most public places including parks, schools, government buildings, and areas serving alcohol.
Dealer Signage Requirements: SB 417 requires licensed dealers to display signage about safe storage, lost and stolen firearms, and national suicide prevention information.
Ghost Gun Reporting: AB 97, effective in 2033, mandates annual DOJ reports on arrests related to ghost guns, which are firearms without serial numbers.
Gun Violence Restraining Orders: AB 301 allows judges to consider the purchase of body armor when issuing gun violence restraining orders.
Prohibited Armed Persons Database: AB 303 expands the state Attorney General’s role in providing local law enforcement with information from the Prohibited Armed Persons File.
Weapon Loan to Officer Trainees: AB 355 facilitates the loan of certain weapons to police officer trainees, with restrictions on weapon removal from training facilities.
Pretrial Diversion Firearm Restrictions: AB 455 permits prosecutors to request firearm prohibitions for defendants granted pretrial diversion for mental health treatment.
Reporting Lost or Stolen Frames: AB 725, starting in 2026, requires reporting of lost or stolen firearm frames or receivers, with infractions for non-compliance.
Extended Waiting Periods: AB 1406 allows for extending the existing 10-day waiting period for firearm sales under specific conditions.
Private Party Firearm Sales: AB 1483 restricts private party firearm sales conducted by dealers, with exemptions for court-ordered relinquishments and transfers involving deceased owners.

These legislative updates reflect California’s ongoing efforts to enhance firearm regulations and public safety.

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References:
1. https://oag.ca.gov/ogvp/overview-firearm-law
2. https://fox40.com/news/california-connection/new-firearms-related-laws-california-2024/

Changes to California’s Gun Laws and What They Mean for You