<P> California has state preemption for many, but not all, firearms laws . Actual enforcement of California's firearms laws also varies widely across the state . Urban areas, such as the San Francisco and Los Angeles metropolitan areas strictly enforce firearms laws, and some communities within these areas have passed local ordinances that make legally owning a firearm difficult . Meanwhile, some rural jurisdictions narrowly enforce the same firearms laws by prosecuting only those who demonstrate malicious intent, or not enforcing portions of the state's firearms laws at all . State law enforcement agencies, such as the California Highway Patrol, the California Department of Justice, and the California Department of Fish and Game strictly enforce state firearms law everywhere in California . </P> <Table> <Tr> <Th> Subject / Law </Th> <Th> Long guns </Th> <Th> Handguns </Th> <Th> Relevant Statutes </Th> <Th> Notes </Th> </Tr> <Tr> <Td> State permit to purchase? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 26500 (3) </Td> <Td> All firearm sales must be completed through a dealer . Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military or a peace officer under Penal Code Section 830 . Military reservists must provide proof of residency in order to purchase a firearm . </Td> </Tr> <Tr> <Td> Firearm registration? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 28150 </Td> <Td> The California Department of Justice ("DOJ") retains information about the purchaser and seller of all in - state firearm sales and transfers, and requires that any firearms imported into the state be reported to the DOJ . Furthermore, the Attorney General is required by law to maintain a registry containing the fingerprints and identifying information of the transferee, and the unique identifying information of every firearm transferred in the state, pursuant to § 11106 . All handgun serial numbers and sales are recorded by the state in the Department of Justice's Automated Firearms System, along with those of many long guns . While there is no requirement for California residents to register handguns owned prior to 1991 with law enforcement, § 12025 and § 12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice's Automated Firearms System . New residents must register handguns (purchased outside of California) with DOJ within 60 days . As of January 1, 2014, long gun serial numbers are also recorded, where as previously only the sale was recorded . However, it is not required that owners of long guns purchased prior to 2014 register their firearms and it is not a crime to be in possession of an un-registered firearm . </Td> </Tr> <Tr> <Td> Owner license required? </Td> <Td> No </Td> <Td> No </Td> <Td> None </Td> <Td> </Td> </Tr> <Tr> <Td> Assault weapon law? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 30500, § 30515 </Td> <Td> Illegal to possess, import, or purchase assault weapons and . 50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989 . While California's Assault Weapons Ban does allow individuals to obtain, transport or possess banned weapons with permission from the DOJ, the DOJ generally does not grant such permission to ordinary citizens . Legally defined assault weapons and . 50 BMG rifles listed by make and model by the DOJ must be registered . Their sale and transfer is prohibited . Military look - alike rifles that are not chambered for . 50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration--known as "banned features". Active - duty military members residing out of state and assigned to duty in California may bring personally - owned assault weapons into the state . The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders and an authorization letter from the installation commander . <P> With the passage of Senate Bill 880 and Assembly Bill 1135 in June 2016, the state's assault weapon ban has been expanded to include all semi-automatic center - fire rifles and shotguns that have a "bullet button" detachable magazine; effectively repealing a prior law that made "bullet button" magazines required on all newly manufactured weapons with detachable magazines . The sale or transfer of such weapons will be prohibited, effective January 1, 2017 . Those purchased prior to January 1, 2017 must be registered with the DOJ by the start of 2018 . The definition of types of weapons that are banned has been expanded, the exact definitions should be reviewed at the California DOJ website . </P> </Td> </Tr> <Tr> <Td> Magazine capacity restriction? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 32310 </Td> <Td> <P> Section 32310 of the Penal Code states: "commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large - capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment". Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor . The section continues further by explaining that: "' manufacturing' includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large - capacity magazine". Until January 1, 2014, it was only a crime to "manufacture, import, keep for sale, offer or expose for sale, or give or lend any large - capacity magazine". Assembly Bill 48 was signed by Governor Jerry Brown on October 11, 2013 and expanded previous prohibitions by making it illegal to buy or receive a large - capacity magazine or magazine rebuild kit . Peace officers (under Penal Code Section 830) and "person licensed pursuant to (CA Penal Code) Sections 26700 to 26915" are exempt this prohibition on the purchase and sale of large - capacity magazines for personal use . However, federal law enforcement officers are not exempt and must obtain large - capacity magazines through their agency . In November 2016 California voters approved Proposition 63 . The referendum outlaws the possession of magazines that can hold more than ten rounds of ammunition, requires background checks for all ammunition sales, and mandates the reporting of lost or stolen firearms . On June 30, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of magazines capable of holding more than 10 rounds of ammunition, pending the outcome of litigation concerning the ban . Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and / or the ban is upheld by the courts . </P> </Td> </Tr> <Tr> <Td> Carry permits required? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 26150 </Td> <Td> "May issue," depending on jurisdiction . County sheriff's or local Police Chief's discretion, many counties are de facto "no - issue", while others are "shall - issue" in practice . CCW permits valid statewide . Out - of - state permits not valid in California . California's may - issue law has been held constitutional by an en banc panel of the U.S. Court of Appeals for the Ninth Circuit . The Supreme Court refused to hear an appeal of this holding . </Td> </Tr> <Tr> <Td> Open carry? </Td> <Td> Partial </Td> <Td> Partial </Td> <Td> § 26350 </Td> <Td> Long guns and handguns may be openly carried in unincorporated rural areas where firearm discharge is not prohibited by local ordinance . In a county with a population of less than 200,000 residents, a permit to carry a handgun "loaded and exposed" may be issued by the county sheriff, valid only in the issuing county . A person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property ." </Td> </Tr> <Tr> <Td> State preemption of local restrictions? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 53701 GC </Td> <Td> Most but not all local restrictions preempted . </Td> </Tr> <Tr> <Td> Castle doctrine law? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> </Td> <Td> California never requires a duty to retreat whether in your own home or not . The state acknowledges a legal presumption that an intruder poses a deadly threat if in your own home or property that is owned and controlled by yourself . </Td> </Tr> <Tr> <Td> NFA weapons restricted? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 12220, § 12020, § 12020 </Td> <Td> Possession of automatic weapons or short - barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry . Suppressors (aka silencers) prohibited . Destructive devices are prohibited unless are designated as curios & relics, in which case a collectors permit can be obtained . The only AOWs that are permitted are smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel . </Td> </Tr> <Tr> <Td> Peaceable journey laws? </Td> <Td> No </Td> <Td> No </Td> <Td> </Td> <Td> California courts have ruled that large capacity magazines (LCM) that are disassembled or LCM parts are legal to possess . Otherwise federal rules are observed . </Td> </Tr> <Tr> <Td> Waiting period? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 26815 (a) (4), § 26950 - 27140 (5), § 27540 (a) (6), <P> § 27600 - 27750 (7) </P> </Td> <Td> California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder . That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner . <P> On August 25, 2014, the California's 10 - day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10 - day waiting periods of Penal Code (sections 26815 (a) and 27540 (a)) violate the Second Amendment" as applied to members of certain classifications (notably holders of concealed carry permits) and "burdens the Second Amendment rights of the Plaintiffs". On December 14, 2016 this ruling was overturned by a three - judge panel of the 9th U.S. Circuit Court of Appeals . The plaintiffs' petition for an en banc rehearing was denied April 4, 2017; a Supreme Court certiorari petition is pending . </P> </Td> </Tr> <Tr> <Td> Background checks required for private sales? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> Cal. § 27545 </Td> <Td> Private party transfers of firearms must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale . </Td> </Tr> </Table> <Tr> <Th> Subject / Law </Th> <Th> Long guns </Th> <Th> Handguns </Th> <Th> Relevant Statutes </Th> <Th> Notes </Th> </Tr> <Tr> <Td> State permit to purchase? </Td> <Td> Yes </Td> <Td> Yes </Td> <Td> § 26500 (3) </Td> <Td> All firearm sales must be completed through a dealer . Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military or a peace officer under Penal Code Section 830 . Military reservists must provide proof of residency in order to purchase a firearm . </Td> </Tr>

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