Cameron Miranda
California has strict gun laws that regulate the manufacture, sales, ownership, safety training, and transfer of firearms. While California civilians are allowed to own firearms, there are several restrictions on the type of firearms they can own and the process of obtaining them. For example, a permit to purchase, a background check, and a transaction report to the DOJ are required to buy a handgun. On the other hand, law enforcement officers in California are subject to different regulations and have more flexibility when it comes to firearm ownership. This raises the question: can California civilians legally purchase firearms typically reserved for law enforcement, and what are the implications of such transactions?
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What You'll Learn
- California gun laws are restrictive, regulating the sale, possession, and use of firearms
- Police officers can buy off-roster guns, but must show credentials and register with the Justice Department
- California maintains a list of handguns legally available to the public, with exemptions for law enforcement
- California residents must obtain a Firearm Safety Certificate to purchase, deliver, loan, or transfer any firearm
- California residents must disclose firearm ownership when moving into the state and may need to register
California gun laws are restrictive, regulating the sale, possession, and use of firearms
California's gun laws are among the most restrictive in the United States, regulating the sale, possession, and use of firearms and ammunition. The state enforces strict laws regarding the control of deadly weapons, including firearms, which are outlined in Part 6 of the Penal Code, specifically Title 4, beginning at section 23500.
To purchase a firearm in California, individuals must obtain a five-year Firearm Safety Certificate (FSC) by paying a $25 fee, submitting their data to the state, and passing a written test overseen by a DOJ-certified instructor. Handguns sold by dealers must be "California legal", meaning they must be listed on the state's Roster of Handguns Certified for Sale. This roster requires manufacturers to pay a fee and submit specific models for safety testing, which has become increasingly stringent over time. California law also imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee, and individuals are limited to purchasing no more than one handgun in any 30-day period.
In addition, California was the first state to require microstamping in semi-automatic pistols, which involves engraving unique markings on the firing pin and breechface of the firearm. These etchings are transferred to each spent cartridge casing, allowing law enforcement to identify the gun used in a crime. The state also prohibits the sale or transfer of large-capacity magazines (able to accept more than 10 rounds) and restricts the possession of loaded firearms within premises under the custody or control of an individual, especially if a child is likely to gain access to the firearm.
While California's gun laws are restrictive, there are some exemptions for specific groups, such as active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders. These individuals may be exempt from certain requirements, such as the Safety Certificate and Handling Demonstration. Additionally, sworn peace officers and federal law enforcement officers are authorised to possess, borrow, purchase, receive, and import large-capacity magazines.
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Police officers can buy off-roster guns, but must show credentials and register with the Justice Department
California has some of the most restrictive gun laws in the United States. The state maintains a list of handguns that can be legally purchased by the public, known as the "Roster of Handguns Certified for Sale". This roster requires handgun manufacturers to pay a fee and submit specific models for safety testing.
However, an exemption in the law allows some members of law enforcement, including police officers and sheriff's deputies, to buy "off-roster" guns. This exemption was significantly expanded in 2017 when Governor Jerry Brown signed the Assembly Bill AB2165, which widened the number of peace officers eligible to purchase weapons unavailable to the general public. The bill specified that sworn peace officers in 19 different agencies qualified for the off-roster exemption if they passed a three-day basic firearms training course. These agencies include the California Highway Patrol, the Department of Alcoholic Beverage Control, and the Department of Motor Vehicles.
Prior to this expansion of the exemption, California law already permitted police officers to buy certain handguns, high-capacity magazines, and assault rifles that were not available to the general public. To make such a purchase, officers must show their credentials, register the firearm with the Justice Department, and have permission from their police chiefs. They must also present proof of their active law enforcement affiliation.
While the police purchase exemption allows officers to buy assault weapons "for law enforcement purposes, whether on or off duty", there is ambiguity in how different departments and state agencies interpret the law. Some departments permit officers to use firearms they've purchased for personal use, while others mandate that the guns must only be used for police purposes.
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California maintains a list of handguns legally available to the public, with exemptions for law enforcement
California has some of the most restrictive gun laws in the United States. The state maintains a list of handguns that are legally available to the public, known as the Roster of Handguns Certified for Sale. This list is managed by the state's Department of Justice and includes handguns that have passed specific safety tests and include certain mechanical features.
To purchase a handgun from this list, a buyer must obtain a Handgun Safety Certificate, which involves passing a written test administered by a Department of Justice-certified instructor. This certificate is valid for five years and is also required for private party transfers. Additionally, buyers must perform a Safe Handling Demonstration when taking possession of the handgun.
There are exemptions to these requirements for certain individuals, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders. Law enforcement personnel are exempt from the list restrictions and can purchase handguns that are not on the roster. However, there are specific prerequisites and restrictions on the resale of these non-roster handguns.
California also has laws governing the open carry of firearms, which vary depending on the location within the state. In general, open carry of loaded or unloaded firearms in public is prohibited, except in unincorporated rural areas where it may be permitted by local ordinances or under certain circumstances. The state also has a "good moral character" requirement for issuing concealed carry permits, which has been the subject of legal challenges and controversies.
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California residents must obtain a Firearm Safety Certificate to purchase, deliver, loan, or transfer any firearm
California has some of the most restrictive gun laws in the United States. To purchase, deliver, loan, or transfer any firearm in the state, a resident must obtain a Firearm Safety Certificate (FSC). This certificate is valid for five years and costs $25. The FSC has been a requirement since 2015, replacing the previous Handgun Safety Certificate (HSC) which only applied to handguns.
The FSC test consists of 30 true or false and multiple-choice questions, and to pass, one must score at least 75% (23 correct answers). The test covers firearm safety and basic firearms laws, and it is administered by a Department of Justice (DOJ) Certified Instructor, usually located at firearms dealerships. The test can be retaken after 24 hours if one fails the first attempt, and the $25 fee covers two attempts.
In addition to passing the written test, an individual must also complete a safe handling demonstration to show that they can safely load and unload the firearm. This demonstration must be performed under the supervision of a DOJ Certified Instructor, and the purchaser must sign an affidavit to confirm completion.
Some individuals are exempt from the FSC requirement, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders. It is also worth noting that no license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.
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California residents must disclose firearm ownership when moving into the state and may need to register
California has some of the most restrictive gun laws in the United States. If you are a California resident and own firearms, you must disclose this when moving into the state and may need to register your firearms.
According to California law, any person who moves into the state with a firearm is considered a “Personal Firearm Importer”. Within 60 days of moving, you must do one of the following:
- Complete and submit a New Resident Report of Firearm Ownership (BOF 4010A) along with a $19 fee to the California Department of Justice, Bureau of Firearms.
- Sell or transfer the firearm to a California licensed firearms dealer or to another individual using a licensed firearms dealer to conduct the transaction.
- Sell or transfer the firearm to a California police or sheriff's department.
It is important to note that you may not bring ammunition feeding devices with a capacity greater than ten rounds, machine guns, or assault weapons into California. If you are transporting a firearm, it must be unloaded and stored in a locked container inside your vehicle.
California also requires a Firearm Safety Certificate (FSC) for the sale, delivery, loan, or transfer of any firearm. This certificate can be obtained by paying a $25 fee, submitting applicant data to the state, and passing a written test proctored by a DOJ-certified instructor. The FSC program has requirements that apply to both handguns and long guns.
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