California gun laws are some of the most stringent in the country in a bid to stem out the recurring gun-related violence and death. The state continues to push for more gun reforms, making it the state with the most gun restrictions.
Under California gun laws, you need to be 21 years and older to legally buy, own, or possess a firearm. The law prohibits licensed gun dealers from selling, supplying, or transferring a gun to persons under 21 years.
Other gun laws limit the right to own certain types of weapons and prohibit certain classes of people from owning or possessing guns. Drug addicts and convicted felons can't own or possess a firearm.
In California, it is illegal to openly carry a gun including unloaded weapons, per Penal Code 26350, and loaded weapons, per Penal Code 25850 PC. Pursuant to Penal Code 16590, a person is forbidden from possessing, making, or selling specific types of firearms including short-barreled shotguns and rifles (Penal Code 33215 PC), undetectable firearms (Penal Code 24610 PC), and zip guns (Penal Code 33600 PC).
Strict Guidelines in California Gun Laws
California gun laws impose strict guidelines on firearm storage and transportation for licensed gun owners. State regulations make it unlawful for gun owners to carry a concealed firearm without a concealed carry permit. You may not openly carry a gun in California, whether it's loaded or unloaded.
California gun laws require new gun owners to acquire a Firearm Safety Certificate before legally buying a gun. You can only buy a firearm from a licensed gun dealer, but you may not purchase assault weapons and BMG rifles since they're banned in the state.
There's a mandatory 10-day waiting period after a gun purchase. The waiting period allows the dealers to run a background check and register the gun by submitting the Firearm Ownership Report (FOR) Application.
Proposed California Gun Laws – Changes in 2022
On February 18, 2022, California's Governor Gavin Newsom announced a raft of new gun safety legislation to improve the state's protection against violence. Central to these changes is a measure that seeks to hold the gun industry accountable for gun-related incidents through private lawsuits.
Rolling Back the Protection of Lawful Commerce in Arms Act
The proposed legislation pushes back against the Protection of Lawful Commerce in Arms Act passed by Congress in 2005. The Act shields gun dealers and manufacturers from civil suits for crimes committed using their guns.
The proposed gun legislation is modeled after the Texas abortion law and seeks to exploit Supreme Court's flawed logic to keep Californians safe. The proposed bill will allow California residents to sue anyone involved in the gun trade if passed. Private citizens can sue anyone who imports, manufactures, transports, sells assault weapons, ghost guns, ghost gun kits, or .50 BMG rifles in the state.
Holding the Gun Industry Accountable
The proposed legislation seeks to hold the gun makers and distributors for damages and losses when firearms are used unlawfully. It requires the gun industry to take reasonable measures to ensure their firearms are not used unlawfully. The bill seeks to provide a legal pathway for gun violence victims and their loved ones to hold the gun industry financially responsible.
Another new bill seeks to prohibit gunmakers and sellers from marketing guns in certain categories or of a certain caliber to minors. The state also wants to impose further restrictions to comply with a proposed new federal law regarding ghost guns.
The federal rule seeks to reclassify ghost guns and ghost gun kits and regulate them as fully functional firearms. Ghost guns are untraceable guns available online and assembled at home. Under the new legislation, it would be illegal to sell a ghost gun without a serial number, and only buyers who pass a background check would be eligible to purchase them.
Get Reliable Gun Defense in Southern California
California has some of the most stringent gun laws in the country, which means you need a bullet-proof defense when facing a gun charge. At Kenney Legal Defense, we're dedicated to providing our clients with a comprehensive and effective defense strategy.
If you or your loved one are facing a gun charge in California, you can count on our 25 years of trial experience to mount a strong defense. Contact us today for a free and confidential consultation.
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