Gavin Howe
California has some of the strictest gun laws in the United States. The state has a complex web of regulations regarding the purchase, possession, and transfer of firearms. While the state's gun laws are subject to state preemption, enforcement varies widely across California, with urban areas like Los Angeles and San Francisco strictly enforcing firearm laws. California does not recognize concealed carry permits from other states, and non-residents are generally forbidden from obtaining a California concealed carry permit. However, there are exemptions for law enforcement officers, with three groups of public entities permitted to purchase non-roster handguns for official duties and personal use.
Can law enforcement own non-California legal guns?
| Characteristics | Values |
|---|---|
| Sale to law enforcement | Exempt from list restrictions |
| Non-roster handguns | Sworn members of law enforcement agencies may purchase for personal use |
| Non-roster handguns as service weapons | Sworn members of law enforcement agencies who have completed the POST basic course or firearms training may use |
| Large-capacity magazines | Sworn peace officers may possess, borrow, purchase, receive, and import into California |
| New California residents | Must report ownership of firearms to the DOJ within 60 days |
| Concealed carry | Permitted for U.S. citizens or legal residents over 18 years old within their place of residence, place of business, or on private property |
| Open carry | Varies, with conflicting laws and local ordinances |
| Enforcement | Varies across the state, with urban areas like San Francisco and Los Angeles enforcing strict firearms laws |
| Nonresidents traveling to California with firearms | Protected under the federal Firearm Owners Protection Act if the firearm meets the state's assault weapon criteria and is legal for the owner under federal law and the laws of their home state |
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What You'll Learn
California gun laws and law enforcement
California has some of the strictest gun laws in the United States, and these laws are enforced differently across the state. Urban areas such as Los Angeles and San Francisco enforce firearms laws rigorously, and some communities within these areas have passed local ordinances that make owning a firearm legally difficult.
California does not recognise concealed carry permits issued by other states, and non-residents are generally forbidden from obtaining a California concealed carry permit. However, concealed carry is legal with a California CCW (Carry Concealed Weapon) permit. California offers both resident and non-resident licenses, but the requirements and limitations vary from state to state.
There are certain groups of people who are exempt from some of California's gun laws. For example, those eligible to carry a rifle, shotgun, or handgun under the federal Law Enforcement Officers Safety Act (LEOSA) are not subject to some California firearms laws. This includes retired peace officers, who are exempt from the crime of carrying a loaded firearm in public. However, some law enforcement agencies in California have been criticised for prohibiting the carrying of firearms off-duty by reserve officers, thereby infringing on their LEOSA rights.
California law also exempts three groups of public entities from the criminal penalties that attach to the sale, purchase, or transfer of a non-roster (unsafe) handgun. These groups include law enforcement agencies such as the police, sheriff's officials, and federal law enforcement agencies. Members of these groups must complete firearms training and qualification to be permitted to use non-roster handguns as service weapons.
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Non-roster handguns and their exemptions
California has strict firearms laws, with limits on what can be purchased legally. Handguns must either be on the California Approved Handgun Roster or be exempt from the Roster. The California Approved Handgun Roster is a list of handguns that the state allows gun dealers to sell. Certain firearms are exempt from needing roster status, such as single-action revolvers with barrels at least 3" long and at least 7" in overall length, and Olympic-style target pistols.
Non-roster handguns are not illegal to own, but there are restrictions on their purchase, use, and resale. Criminal penalties may be imposed on those who sell, purchase, give, or otherwise transfer a non-roster handgun. However, there are three groups of public entities that may purchase non-roster handguns:
- Group 1 (for use in the discharge of their official duties): The Department of Justice, police departments, sheriff's offices, marshal's offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney's office, any federal law enforcement agency, and the military or naval forces of California or the United States.
- Group 2: The Department of Parks and Recreation, the Department of Alcoholic Beverage Control, the Division of Investigation of the Department of Consumer Affairs, the Department of Motor Vehicles, the Fraud Division of the Department of Insurance, the State Department of State Hospitals, the Department of Fish and Wildlife, the State Department of Developmental Services, the Department of Forestry and Fire Protection, a county probation department, and Los Angeles World Airports.
- Group 3: A K–12 public school district for use by a school police officer.
Sworn members of these groups may purchase non-roster handguns for personal use and may sell or transfer them to firearm-eligible purchasers at licensed firearm dealers. However, members of Group 2 entities may only resell or transfer non-roster handguns to members of Groups 1, 2, or 3. To be eligible to purchase non-roster handguns for personal use, sworn members must have satisfactorily completed the Peace Officer Standards Training (POST) basic course or the firearms portion of a training course prescribed by POST before January 1, 2021, and they must complete a live-fire qualification prescribed by their employer at least once every six months.
Active law enforcement officers are not bound by the roster and may purchase any handgun that is not illegal. Sale to law enforcement personnel are exempt from list restrictions. Handguns that were legally owned and registered before the roster's implementation in 2001 or were taken off the roster after their legal purchase and registration can be sold in a private transfer through an FFL in accordance with state law.
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Firearm ownership and new residents
California has some of the most restrictive gun laws in the United States. If you are moving to California and own firearms, you are considered a "personal firearm importer" and are required to do one of the following within 60 days:
- Complete and submit a New Resident Report of Firearm Ownership (BOF 4010A) to the California Department of Justice, Bureau of Firearms, along with a $19 fee.
- Sell or transfer your firearms to a California-licensed firearms dealer or to another individual using a licensed dealer.
- Sell or transfer your firearms to the California police or sheriff's department.
You may bring all your California-legal firearms with you, but you must report them to the California Department of Justice within 60 days. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machine guns, or assault weapons into California.
California law prohibits county and city authorities from enacting regulations regarding the registration or licensing of firearms. However, some cities have prohibited residents from possessing a handgun or rifle magazine that fits more than ten rounds, and have enacted ammunition regulations.
Open carry of firearms is governed by a set of laws that sometimes conflict with one another, causing confusion over the legality of open carry in the state. California Penal Code §25850 defines what constitutes a loaded weapon. If you are openly carrying a firearm, you can expect to be detained and questioned by law enforcement, especially in more densely populated areas.
California is a "shall-issue" state for concealed carry, and residents of incorporated cities and towns can apply for a concealed carry license through their local police department or the sheriff's office in their county of residence.
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Concealed carry gun laws
California has some of the strictest gun laws in the United States. The state does not recognise concealed carry permits issued by other states, and non-residents are generally forbidden from obtaining a California concealed carry permit. California residents who purchase a firearm in another state where specific weapons are legal, but are not permitted in California, do not violate California law as long as the weapon never enters the state.
In California, there are three groups of public entities that may purchase non-roster handguns. These groups include law enforcement agencies such as the police department, the Department of Corrections and Rehabilitation, and the military or naval forces of the state or country. Members of these groups must complete the Peace Officer Standards Training (POST) basic course and a live-fire qualification at least once every six months to be permitted to use non-roster handguns.
To obtain a concealed carry permit in California, an individual must pass a background check, receive firearm safety training, and demonstrate a particular need to carry a hidden, loaded gun in public. California is a "shall-issue" state, meaning that issuing authorities may continue to enforce good moral character requirements for those seeking a concealed carry permit.
The Federal Gun-Free School Zones Act prohibits carrying a weapon, openly or concealed, within 1,000 feet of a school zone, with exceptions granted to holders of valid state-issued weapons permits and retired law enforcement officers.
The dangers of guns carried in public are well-documented, with violent crime rates increasing in states with weak standards for concealed carry. Studies have found that weak permitting laws are associated with higher rates of homicide committed with handguns, as well as an increase in non-fatal injuries and gun assaults.
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Law enforcement gun release
California has some of the strictest gun laws in the United States, and the state's gun control philosophy is a source of heated arguments between political figures. California does not recognise concealed carry permits issued by other states, and non-residents are generally forbidden from obtaining a California concealed carry permit. However, there are some exceptions for law enforcement officers.
Those eligible to carry a rifle, shotgun, or handgun under the federal Law Enforcement Officers Safety Act (LEOSA) are not subject to some California gun laws. For example, retired law enforcement officers are exempt from the crime of carrying a loaded firearm in public. Additionally, there are three groups of public entities that may purchase non-roster handguns, including the Department of Justice, police departments, and any federal law enforcement agency. However, criminal penalties may attach to persons who sell, purchase, give, or otherwise transfer a non-roster handgun, and there are prerequisites for purchase, eligibility, and restrictions on resale that vary for each group.
To get a gun released from law enforcement, the owner must submit a completed Law Enforcement Gun Release (LEGR) application, with a processing fee of $20.00 for the first firearm and $3.00 for each additional firearm listed. If the firearm was reported stolen, the fee is waived, but documentation from the court or agency confirming this is required. Once the application is received, a firearms eligibility check is conducted to determine if the owner is lawfully eligible to possess firearms.
In California, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer. However, if the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate and submit a Report of Operation of Law or Intra-Familial Handgun Transaction, along with a $19 fee, to the DOJ within 30 days. There is no limit to the number of handguns that can be owned, but purchases are generally limited to no more than one handgun in any 30-day period.
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Frequently asked questions
Yes, there are three groups of public entities that may purchase non-roster handguns. These include the Department of Justice, police departments, the military, and federal law enforcement agencies. However, there are prerequisites for purchase, eligibility, and restrictions on resale that vary for each group.
Only sworn members of the above entities who have completed the POST basic course or the firearms portion of a training course prescribed by the POST pursuant to California Penal Code section 832 may use non-roster handguns as service weapons. They must also complete a live-fire qualification prescribed by their employing entity at least once every six months.
Police and sheriffs' departments may require reserve officers to obtain a separate concealed carry license from the department or another authority, even though reserve officers have the right to carry off-duty under LEOSA.
