1. |
Where do I find information on laws regarding the possession
of firearms (excluding assault weapons)?
The Dangerous Weapon Control
Laws are found in the Penal Code beginning at Section 12000.
These laws define the various types of dangerous weapons, including firearms,
and restrictions and crimes relating to their manufacture, sale, possession
and transportation. PC Sections of special interest include 12001
(definitions), 12025 (carrying concealed), 12026 (possession at home/private
property), 12031 (carrying loaded), and 12035-36 (firearms storage / access
by children).
The DOJ's guide to California
Firearms Laws may be downloaded from this website.
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2. |
What is the process for purchasing a
firearm in California?
All firearms purchases and transfers, including private party
transactions and sales at gun shows, must be made through a licensed dealer
under the Dealer Record of Sale (DROS) process. California imposes
a 10-day waiting period before a firearm can be released to a buyer or
transferee. A person must be at least 18 years of age to purchase
a rifle or shotgun. To buy a handgun, a person must be at least 21
years of age, and either 1) possess an HSC plus successfully complete a safety demonstration
with the handgun being purchased or 2) qualify for an HSC exemption.
As part of the DROS process, the buyer must present "clear evidence
of identity and age" which is defined as a valid, non-expired California
Driver's License or Identification Card issued by the Department of Motor
Vehicles. A military identification accompanied by permanent duty
station orders indicating a posting in California is also acceptable.
If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.
Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).
(PC Section 12071)
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3. |
How can I obtain a Carry Concealed Weapon
(CCW) license?
Contact your county's Sheriff's Office or, if you are a resident of
an incorporated city, your city's Police Department, for information on
obtaining a CCW license. They can answer your questions and provide
you with copies of their CCW policy statement and the State's Standardized
CCW Application. If you live within a jurisdiction of a city Police
Department, you may apply to the county Sheriff's Office for a CCW license.
However, only residents of a city may apply to a city's Police Department
for a CCW license.
California law does not recognize CCW licenses issued in other states.
(PC Section 12050)
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4. |
Can I give a firearm to my adult child?
Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited
category and the firearm is a legal firearm to possess, the transfer
of a firearm between a parent and child or a grandparent and grandchild
is exempt from the dealer transfer requirement. However, if the firearm
is a handgun, you must submit an Operation
of Law form and $14 fee to the DOJ within 30 days. Assault weapons
may not be transferred in this fashion. See Penal Code section 12285,
subdivision (b).
(PC section 12076(c))
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5. |
Can I give a firearm to my spouse?
Can he/she give it back to me later?
Yes, as long as the person receiving the firearm is not in a prohibited
category and the firearm is not an assault weapon, the transfer of
a firearm between a husband and wife is exempt from the requirement to
use a licensed dealer to perform the transfer. However, if the firearm
is a handgun, the recipient must submit an Operation
of Law form and $14 fee to the DOJ within 30 days.
(PC sections 12076(f), 12078(i))
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6. |
Is there a limit on the number of handguns
that I can own or purchase?
While no limitation exists for the number of handguns that you may own,
you are generally limited to purchasing no more than one handgun in any
30-day period.
Handgun transactions related to law enforcement, private party transfers,
returns to owners, and certain other specific circumstances are exempt
from the one-handgun-per-30-day limit.
(PC section 12072(a)(9))
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7. |
Am I required by law to store my firearms
where children cannot access them?
Yes. In most cases, if you keep any loaded firearm within any
premise which is under your custody or control and know or reasonably should
know that a child (person under 18 years of age) is likely to gain access
to the firearm, you may be guilty of a felony if a child gains access to
that firearm and thereby causes death or injury to any person unless the
firearm was in a secure locked container or locked with a locking device
that rendered it inoperable.
(PC Section 12035-12036)
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8. |
If I have a large-capacity magazine,
do I need to get rid of it?
No. Continued possession of large-capacity magazines (able to accept
more than 10 rounds) that you owned in California before January
1, 2000, is not prohibited. However as of January 1, 2000, it is
illegal to buy, manufacture, import, keep for sale, expose for sale, give
or lend any large-capacity magazine in California except by law enforcement
agencies, California peace officers, or licensed dealers.
(PC Section 12020 (b)(19-29))
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9. |
What are the restrictions on firearms
possession?
Any person who has a conviction for any misdemeanor listed in Penal
Code section 12021(c)(1) or for any felony, or is addicted to the use of
any narcotic drug, or has been held involuntarily as a danger to self or
others pursuant to Welfare and Institutions Code Section 8103 is prohibited
from buying, owning, or possessing firearms. Various other prohibitions
exist for mental conditions, domestic restraining/protective orders, conditions
of probation, and offenses committed as a juvenile.
PC Sections 12021 and 12021.1, Welfare and Institutions Code Sections
8100 - 8103)
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10. |
May I carry a concealed firearm in California?
Except in extremely limited circumstances, you may not carry a concealed
firearm on your person in public unless you have a valid CCW license.
CCW permits are issued only by a county sheriff to residents of the county,
or by the head of a city police department to residents of that city.
(PC Sections 12025-12031, 12050-12054)
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11. |
I live in another state and have a permit to carry a concealed handgun that was issued in my home state. Does my permit allow me to carry a concealed handgun while in California?
No. Weapons permits from other states are not valid in California.
(PC Sections 12025-12031)
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12. |
How much is the Dealer's Record of Sale
(DROS) fee?
The State's DROS fee is $14.00 which covers the costs of the background
checks and transfer registry. There is also a required $1.00 Firearms
Safety Testing fee and a $5.00 Safety and Enforcement fee. If the transaction being processed is a dealer
sale, consignment return, or return from pawn, the dealer may impose other
charges as long as this amount is clearly shown as a "dealer fee" and not
misrepresented as a state fee. In the event of a private party transfer,
the firearms dealer may additionally charge a fee of $10 per firearm transferred.
When settling on the purchase price of a firearm and before completing
the transaction, you may want to ask the dealer to disclose and identify
any and all fees he/she is charging to complete the transaction.
(PC Sections 12076, 12082, and 12806)
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13. |
I want to sell a gun to another person,
i.e., a private party transfer. Am I required to conduct the transaction
through a licensed California firearms dealer?
Yes. Firearm sales must be conducted through a fully licensed
California firearms dealer. Failure to do so is a violation of California
law. The buyer (and seller, in the event that the buyer is
denied), must meet the normal firearm purchase and delivery requirements.
"Antique firearms," as defined in Section 921(a)(16) of Title 18 of the
United States Code, and curio or relic rifles/shotguns, defined in Section
178.11 of Title 27 of the Code of Federal Regulations that are over 50
years old, are exempt from this requirement.
Firearms dealers are required to process private party transfers upon
request. Firearms dealers may charge a fee not to exceed $10 per
firearm for conducting a private party transfer. Example:
a. |
For a private party transfer involving one or more handguns,
the total allowable fees, including the DROS, safety, and dealer transfer
fees, are not to exceed $30.00 for the first handgun and $26.00 for each
additional handgun involved in the same transaction |
b. |
For private party transfers involving one or more long guns,
or a private party transfer involving one handgun and one or more long
guns, the total allowable fees, including the DROS, safety, and dealer
transfer fees, are not to exceed $30.00. The dealer may charge an
additional dealer-service fee of
$10.00 per each additional firearm transferred. |
(PC section 12072(d))
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14. |
My firearm purchase was denied by the
DOJ and the dealer won't tell me why. How do I find out the reason
for the denial?
Contact the Firearms Division's Denial Review Unit at (916) 227-3749
and have a copy of your DROS form handy.
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15. |
Does California law permit the use of
a temporary license as a form of identification for firearm purchases?
Neither temporary driver's licenses nor temporary identification cards
are accepted forms of proof of identity and age.
(PC Section 12071 (c)(1)).
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16. |
Under California law, can my driving
record prevent me from purchasing a firearm?
Yes. If you have a conviction for a firearms-prohibiting offense,
such as felony drunk driving, your driving record would affect your ability
to purchase a firearm. Furthermore, your driver's license must be
valid. A suspension, an outstanding ticket, or fine may cause your
license to be invalid.
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17. |
Are there any exemptions to the waiting
period?
For most people - no. However certain exemptions do exist for
the following:
a. |
Full-time, paid California law enforcement officers are
exempt if they have the required letter signed by the head of the agency
or commanding officer. The dealer will keep the signed, original
letter. |
b. |
Firearms dealers and persons who have obtained special weapons
permits issued by DOJ are exempt from the waiting period. |
c. |
Persons with curio and relic collector's licenses issued by the BATF
and who have a valid Certificate of Eligibility issued by the DOJ are exempt
from the waiting period only when purchasing curio and relic firearms. |
(PC sections 12078 (a)(r)(t))
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18. |
Is the dealer required to give me a
copy of the DROS information when I purchase a firearm?
Upon request, the dealer must give you a copy of the DROS application.
In private party transactions, the seller is also entitled to a copy of
the DROS application upon request.
(PC sections 12076(b))
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19. |
Is there a maximum time limit
for me to pick up a gun after the dealer submits the DROS information?
Yes. If you do not take physical possession of the firearm within
30 days of submission of the DROS information, the dealer must cancel the
sale. If you still want to take possession of the firearm, you must
repeat the entire DROS process, including payment of DROS fees.
(PC sections 12071, 12072)
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20. |
What are the Handgun Safety Certificate
(HSC) requirements?
Prior to the submission of DROS information for a handgun purchase,
individuals purchasing handguns must present an HSC or provide the dealer
with proof of exemption pursuant to
California Penal Code Section 12081.
(PC sections 12071, 12081)
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21. |
How do I get an HSC?
You may obtain an HSC by passing the DOJ HSC test administered by a DOJ Certified Instructor.
(PC sections 12800 - 12809)
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22. |
If I lose my HSC, can I get it
replaced?
Possibly. The HSC Instructor who issued your original HSC is required to issue you a duplicate HSC and may charge no more than $15 for issuance of such duplicate. If you are unable to locate the instructor who issued the original HSC, you will need to obtain a new HSC by retaking and passing the HSC test and paying $25.
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23. |
I am a collector of firearms and I want
to purchase a pair of consecutively-numbered pistols. Does the one-handgun-per-30-day
restriction apply?
No. If you
possess a valid federal Curio & Relics Collector's license and a valid
California Certificate of Eligibility, you are exempt from the one-handgun-per-30-day
restriction.
(PC section 12072(a)(9)(x))
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24. |
I am moving into California and I own
several handguns. What are the new-resident registration requirements?
You are considered to be a personal handgun importer as defined
by California law. You may bring all of your otherwise California-legal
firearms with you, but you must report all of your handguns to the DOJ
within 60 days as required utilizing the DOJ New Resident Report of Handgun Ownership. You are not required to report rifles
or shotguns. You may not bring ammunition feeding devices with a
capacity greater than ten rounds, machineguns, or assault weapons into
California.
(PC sections 12001(n), 12072(f)(2))
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25. |
How do I know if my firearms need to
be registered?
There is no firearm registration requirement in California except for
assault weapon owners and personal handgun importers. However, you
may submit a voluntary registration form to the DOJ for any firearm you
own. Having a voluntary registration on file with the DOJ may help
in the return of your firearm if it is lost or stolen. With very
few and specific exceptions, a DROS is required on all firearm transactions.
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26. |
Can I get a list of the firearms for
which I am listed as the purchaser, transferee, or owner?
Yes. To obtain a list of firearms listed in your name, send a
letter requesting this information to the Automated Firearms Unit, P.O.
Box 820200, Sacramento, CA 94203-0200. The letter must be signed,
notarized, and include a photocopy of your photo ID card (ie., driver's
license or DMV ID).
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27. |
Am I required to inform the DOJ if I have
disposed of a firearm?
If you have disposed of a firearm, you may (but are not required to)
submit a Notice of No Longer in Possession form to have the firearm removed
from your name.
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28. |
How is the waiting period for firearm
purchases calculated?
The waiting period for the purchase or transfer of a firearm is ten
(10) 24-hour periods from the date and time of the submission of the DROS
information to the DOJ.
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29. |
I’m not sure whether I can legally possess and/or purchase firearms. Is there a way to find out before I attempt to purchase one?
Yes. You may request the Department of Justice to conduct a firearms eligibility background check by submitting a Personal Firearms Eligibility Check (PFEC) application to the Department of Justice. For more information about how to request a PFEC, please visit our PFEC FAQ section. Applications are also available through your local firearms dealer.
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30. |
I’ve been working in a firearms store for several years. My duties include showing potential buyers various types of firearms. My employer recently told me I have to get a COE. Does he have a right to require that?
Yes. Effective January 1, 2004, licensed firearms dealers may require employees who handle, deliver or sell firearms to obtain a Certificate of Eligibility from the Department of Justice. Upon application, a firearms eligibility check will be conducted to determine whether the applicant is eligible to lawfully possess firearms. If so, the applicant is issued a COE. A copy of the COE must be provided to the employer by the Employee COE holder, and must be renewed annually, as required by the licensee. For more information, please see the Firearm Dealer FAQs. Return to top
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31. |
Does sales tax apply to the DROS fees?
No. The DROS fees are not subject to sales tax.
Questions regarding firearms transfer fees can be directed to the DOJ through this website or by calling (916) 263-4887.
Questions regarding sales tax can be made to the California Board of Equalization at its website www.boe.ca.gov. Return to top
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