Q: I have two questions, starting with this: I want to get a basic gun for self-protection, but am not sure what’s required in California. What are the rules?
K.L., Torrance
Ron Sokol
A: It is legal to purchase a gun for self-protection in California, but there are a number of rules and regulations. The California Attorney General’s office has a useful link online about guns generally, and item #3 delves into the requirements: oag.ca.gov/firearms/pubfaqs#3
Here is a summary:
The purchase or transfer of a firearm in California must include a Dealer’s Record of Sale, and must be done through a firearm’s dealer licensed in California The Dealer submits your information to the California Department of Justice who runs a background check There is a 10-day waiting period prior to when you can take possession of the firearm. Also note that in general you must be at least 21 years of age to buy a firearm here. You are required to have a valid Firearm Safety Certificate to purchase or acquire a firearm. This means you must take a written test on firearms safety and the pertinent laws. The Firearm Safety Certificate typically is good for 5 years Prior to taking possession of the firearm, you are required to perform a safe-handling demonstration, with the firearm itself, in the presence of a DOJ-certified instructor. You and the Dealer are then required to sign an affidavit once the handling demonstration is completed.Some other details to be aware of: To get a gun in California, you must have a valid I.D., such as a current California Driver’s License. If you are purchasing a handgun, you must have proof of California residency, and the address of the residency has to match your I.D.
Q: Second question, are there some guns that are not legal in California?
K.L., Torrance
A: California Penal Code Section 16590 prohibits possession, making or selling of certain firearms. Examples include: undetectable firearms, which also are illegal under Penal Code Section 24610; short-barreled shotguns and rifles, which also are illegal per Penal Code Section 33215; zip guns, also illegal under Penal Code Section 33600; and assault weapons and BMG rifles, which are banned here per Penal code Section 30600.
Personal Eligibility Test
California Penal Code Section 30105 provides that you can request the California Department of Justice to check your eligibility for a firearm. If you make the request, then authorized state records will be examined to determine whether you are prohibited by state or by federal law from possessing, receiving, owning, or buying a firearm. This is the online link for your reference: oag.ca.gov/firearms/pfecfaqs#1
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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