California has relatively stringent gun laws compared to the rest of the country, and if you currently own a gun or are planning to purchase one, you must be aware of the process to avoid legal consequences. There are numerous state laws regulating the purchase, ownership, and sale of firearms in California, which can make it challenging to keep track of what is required.

Purchasing a Gun in California

All firearms are required to go through California’s Dealer Record of Sale system, and a licensed gun dealer must be used for any sale or transfer. There is a required waiting period of 10 days from the point of sale until the dealer can release the firearm.

Not everyone can own a gun in California. Under Penal Code § 29800, convicted felons cannot own, purchase, or possess a firearm. Additionally, some people convicted of an offense involving the violent use of a gun cannot own or have access to a firearm. You must be 21 years old to own a gun in California, although there are exceptions, including for peace officers, military servicemembers, and people with a valid, unexpired hunting license.

When purchasing a gun, buyers must provide a driver’s license, passport, military ID, or other photo identification to verify age and identity. Proof of residency in California is also required. This can be proven with a lease, property deed, or utility bill.

California does not impose a limit on the number of handguns that individuals can own, but there are restrictions on the number of gun purchases. In most situations, only one handgun may be purchased in a 30-day period. Sales associated with law enforcement, private party transfers, and a few other scenarios are exempt from this limit.

Gun Sales in California

In order to sell firearms in the state of California, you must have a federal firearms license and a seller’s permit provided by the state. A business license may also be required depending on local regulations. Anyone interested in selling firearms should be prepared to undergo a thorough background check. Selling guns without the proper licenses and permits can lead to fines and jail time.

This means that even if you want to sell a gun you currently own to another person, you must conduct this transaction through a licensed dealer. These private-party transfers are required to occur in person, as well. Exceptions include the sale of some antique firearms and if the gun is being sold to a government representative or agency as part of a gun buyback or similar program.

Registering Your Gun in California

Generally, the purchase of a firearm will also include registration because the dealer should have completed that process during the sale. However, if your gun is not registered, the first step is to determine if you need a Handgun or Firearm Safety Certificate. This is sometimes required in order to register a handgun or long gun in California. After acquiring any necessary certificates, gun owners will then need to submit a Firearm Ownership Report Application to the California Department of Justice. This form is used to officially declare you are the owner of the gun, and each application costs $19.

The Firearm Ownership Report Application will require information such as your contact information and citizenship status. Details of the gun will also be required, including:

  • The type of gun
  • Serial number
  • Caliber
  • Color
  • Purchase date

Assault weapons cannot currently be registered in California, as there is a ban on certain types of these weapons based on various gun characteristics.

Confiscated Firearms

Following each of the regulations and requirements for firearm ownership and sales is helpful to prevent legal consequences, but the complexity of the laws can make this difficult. If your gun was confiscated by a court or police department, you must follow a strict procedure to have the gun returned. You will need to submit a Law Enforcement Gun Release application and pay the $20 processing fee. Multiple firearms will require additional fees.

The application will prompt the Department of Justice to verify that you are allowed to own firearms according to California laws. If you are not prohibited from gun ownership, you will receive a decision letter and can then make an appointment to obtain your gun.

If you have been charged with a gun offense in California, contact a gun crime attorney from the Law Office of Sheny Gutierrez for a free consultation. Call 714-836-6000 to schedule your appointment.