Quick Answer

To buy a gun in California, you must be at least 21 years old, hold a valid Firearm Safety Certificate, pass a background check through a licensed dealer, and wait 10 days before taking possession. Private sales must also go through a licensed dealer, and the state records most firearm transfers automatically at the point of sale.

Key Takeaways

  • Nearly every firearm purchase or sale in California must go through a licensed dealer using the Dealer Record of Sale (DROS) system, which carries $37.19 in state fees.
  • Buyers must be 21 or older, pass a California Department of Justice background check, hold a valid Firearm Safety Certificate ($25, valid five years), and complete a 10-day waiting period.
  • As of January 1, 2026, Penal Code 27535 allows you to buy up to three firearms in any 30-day period. This replaced the one gun a month rule that a federal appeals court struck down in 2025.
  • Selling a firearm privately without going through a licensed dealer is a crime under Penal Code 27590, even between friends or family members in most cases.
  • California records dealer sales automatically. Separate registration paperwork is generally only required for new residents, who have 60 days to report their firearms.
  • An 11 percent state excise tax now applies to retail sales of firearms and ammunition, on top of ordinary sales tax, so budget for it when buying.

California regulates firearms more tightly than almost any other state, and the rules have changed significantly in the last few years. Whether you are purchasing your first handgun, selling a rifle you no longer use, or moving to Orange County with firearms you already own, following the correct process protects you from criminal liability. As a Santa Ana criminal defense attorney who has defended clients against weapons charges for more than 15 years, I have seen well-meaning gun owners end up facing charges over paperwork mistakes that were entirely avoidable. This guide walks through buying, selling, and registering a gun in California as the law stands in 2026.

Buying a Gun in California: Step by Step

Every retail firearm purchase in California follows the same basic path. You cannot buy a gun online and have it shipped to your door, and you cannot buy one at an out-of-state store and simply drive it home. The transaction must run through a dealer licensed by both the federal government and the California Department of Justice (DOJ).

  1. Get a Firearm Safety Certificate (FSC). You must pass a written safety test at a participating dealer before you can take delivery of a firearm.
  2. Choose your firearm at a licensed California dealer. The dealer verifies your identity with a valid California driver’s license or ID card, plus proof of residency for handgun purchases.
  3. Complete the Dealer Record of Sale (DROS). The dealer submits your information to the DOJ, which runs your background check. State DROS fees total $37.19.
  4. Wait 10 days. California imposes a waiting period of ten 24-hour periods from the moment the DROS is submitted, even if your background check clears sooner.
  5. Return to the dealer, perform a safe handling demonstration, and take possession of your firearm.

Who Can Legally Buy a Gun in California?

California generally requires firearm buyers to be at least 21 years old under Penal Code 27510. There are narrow exceptions: active law enforcement officers and active duty military members may buy at 18, and adults between 18 and 20 who hold a valid California hunting license may purchase certain long guns, though not semiautomatic centerfire rifles. Beyond age, you must not fall into a prohibited category. Under Penal Code 29800, anyone convicted of a felony is banned from owning or possessing firearms for life. California also prohibits possession by people convicted of specific misdemeanors under Penal Code 29805, people subject to domestic violence or gun violence restraining orders, people with certain mental health adjudications, and anyone addicted to narcotics.

If you are unsure about your own status, the DOJ offers a Personal Firearms Eligibility Check (PFEC). You submit a notarized application, and the DOJ tells you whether its records show you as eligible. Keep in mind that a PFEC does not include the federal NICS check, so it is a useful screening tool rather than a guarantee.

The Firearm Safety Certificate

Since 2015, California has required a Firearm Safety Certificate for all firearm purchases, not just handguns. The old Handgun Safety Certificate no longer exists. The FSC test costs $25, covers safe handling and California gun law, and requires a score of at least 75 percent, which means 23 correct answers out of 30 questions. The fee includes a second attempt if you fail the first time, and the certificate stays valid for five years. Exemptions exist for peace officers, military members, carry permit holders, and hunters buying long guns with a valid hunting license, as detailed in the DOJ’s FSC frequently asked questions.

The 10 Day Waiting Period and What Buying Actually Costs

California’s waiting period is exactly ten 24-hour periods from DROS submission, one of the longest in the country. It applies to every firearm type and every buyer, with only narrow statutory exemptions. On cost, expect more than the sticker price. State DROS fees add $37.19. Since July 1, 2024, California has also imposed an 11 percent excise tax on retail sales of firearms, precursor parts, and ammunition under Revenue and Taxation Code section 36011. Dealers pay the tax but pass it through to buyers in practice, and it stacks on top of regular sales tax.

How Many Guns Can You Buy in a Month?

This is the rule that changed most recently, and many articles online are now out of date. For years, California limited buyers to one firearm purchase in any 30-day period. In June 2025, the Ninth Circuit Court of Appeals held in Nguyen v. Bonta that the one gun a month law violated the Second Amendment. The Legislature responded with Assembly Bill 1078, and as of January 1, 2026, Penal Code 27535 allows you to apply to purchase up to three firearms cumulatively within any 30-day period. Licensed collectors, peace officers, and certain other categories remain exempt from the cap. Expect continued litigation in this area, so verify the current limit before planning multiple purchases.

One more point that trips people up: buying a gun legally says nothing about where you can carry it. Openly carrying a firearm in public remains generally illegal in California. Our guide on whether you can openly carry a gun in California explains the rules and the penalties.

Selling a Gun in California

Selling firearms as a business requires a federal firearms license (FFL), a certificate of eligibility from the DOJ, placement on the state’s centralized list of licensed dealers, and any local business licenses your city or county requires. If you sell guns repeatedly for profit without those licenses, you are committing a crime, and prosecutors do pursue unlicensed dealing cases.

Most people asking about selling, though, just want to sell one gun they own. California law still does not let you hand a firearm to a private buyer and take cash, even for a sale to a neighbor, coworker, or relative. Almost all private sales must be completed as a private party transfer (PPT) at a licensed dealer, with both parties appearing in person.

How a Private Party Transfer Works

  • You and the buyer bring the firearm and valid photo identification to any California dealer that handles PPTs. Dealers on the centralized list must process them.
  • The dealer completes the DROS paperwork, runs the buyer’s background check, and holds the firearm during the 10-day waiting period.
  • The buyer must present a valid Firearm Safety Certificate or qualify for an exemption, and must complete a safe handling demonstration before pickup.
  • The dealer may charge up to $10 per firearm for the service on top of the $37.19 in state fees, so the maximum total for a single firearm PPT is $47.19.

Skipping the dealer is not a technicality. An unlawful transfer is a misdemeanor under Penal Code 27590, punishable by up to six months in county jail and a fine, and aggravated circumstances such as transfers to prohibited persons or minors can be charged as felonies. When in doubt, run the transaction through a dealer.

Can You Give a Gun to a Family Member?

Yes, and this is one of the few situations where you can skip the dealer. California exempts transfers between spouses or registered domestic partners, and between parents, children, and grandparents in the direct line, from the private party transfer requirement. The exemption is not paperwork-free, though. The person receiving the firearm must be legally eligible to possess it, must hold a valid Firearm Safety Certificate if the gun is a handgun, and must submit a Report of Operation of Law or Intra-Familial Firearm Transaction to the DOJ with a $19 fee within 30 days of taking possession. Gifts to siblings, cousins, aunts, uncles, or friends do not qualify; those transfers still have to go through a licensed dealer.

How Gun Registration Works in California

California does not issue gun licenses to owners, and there is no annual renewal. What people call registration is really the DOJ’s Automated Firearms System (AFS), the database that records who acquired which firearm. For any gun you buy through a dealer, whether retail or a private party transfer, the DROS process creates that record automatically. You do not file separate registration paperwork after a normal purchase.

Separate action is required in a few situations:

  • New residents. If you move to California with firearms, you legally become a personal firearm importer and have 60 days to act. You may submit a New Resident Report of Firearm Ownership (form BOF 4010A) with a $19 fee, sell the firearms through a licensed dealer, or surrender them to law enforcement. The DOJ explains the process on its information page for new California residents.
  • Voluntary reporting. If you own a firearm with no AFS record, for example a long gun acquired decades ago, you may voluntarily file a Firearm Ownership Report through the DOJ’s online CFARS portal. This creates proof of ownership, which helps if the gun is ever lost, stolen, or seized.
  • Assault weapons. You cannot register an assault weapon today. California’s registration windows closed years ago, and the brief window for bullet button rifles ended in 2018. Possessing an unregistered assault weapon is a crime, no matter how long you have owned it.

Example: a client moves from Texas to Irvine with two handguns and a rifle in the moving truck. Nothing about crossing the state line registers those guns in California. If he does not file the new resident report or transfer the firearms within 60 days, he risks prosecution under Penal Code 27560, and routine contact with police could turn into a weapons case. Magazine capacity matters too, since standard magazines from other states often exceed California’s limits. See our article on California’s large capacity magazine restrictions before you move.

What California Gun Transactions Cost in 2026

Here are the standard state fees as published by the California Department of Justice:

Item Fee Notes
Firearm Safety Certificate (FSC) test $25 Paid at the dealer; valid five years; includes one retake
DROS state fees (any dealer sale or PPT) $37.19 Includes DROS, safety, and enforcement fees
Private party transfer dealer fee Up to $10 per firearm Capped by law; $47.19 maximum total with DROS
New Resident Report of Firearm Ownership $19 Due within 60 days of establishing residency
Law Enforcement Gun Release (LEGR) application $20 first firearm, $3 each additional Waived if the firearm was reported stolen
State excise tax on retail purchases 11 percent of price Applies to firearms, precursor parts, and ammunition

Getting a Firearm Back After Police Confiscate It

If police seize your firearm during an arrest, a protective order, or any other investigation, you cannot simply pick it up at the property room. State law requires you to obtain a Law Enforcement Gun Release letter from the DOJ first. You submit the LEGR application with a $20 processing fee for the first firearm, and $3 for each additional firearm, and the DOJ verifies both your eligibility to possess firearms and the gun’s status. Once the DOJ issues its notice, you have 30 days to present it to the agency holding the firearm. The fee is waived when you are recovering a gun that was stolen from you. The full procedure appears in the DOJ’s firearms FAQ. If your firearm was seized in connection with pending charges, talk to a defense lawyer before filing anything, because the timing of a release request can affect your case.

Frequently Asked Questions

What paperwork do I need to sell a gun in California?

For an occasional private sale, you do not need a license, but you and the buyer must complete the transfer at a licensed dealer. Bring the firearm and a valid photo ID; the dealer prepares the DROS paperwork that satisfies state reporting requirements. If you sell firearms regularly for profit, you need a federal firearms license and state dealer credentials.

What do I need to buy a gun from a private seller in California?

The same things you need at a gun store: you must be 21 in most cases, hold a valid Firearm Safety Certificate, pass the DOJ background check, and wait 10 days. The private party transfer runs through a licensed dealer, and your total fees are capped at $47.19 for a single firearm.

Do I need to register my firearms in California?

If you bought the gun through a California dealer at any point since modern record keeping began, the state already has the record, and you file nothing extra. New residents must report their firearms within 60 days. Owners of older, unrecorded firearms may voluntarily file a Firearm Ownership Report through CFARS, which is usually a good idea for proof of ownership.

How long does it take to buy a gun in California?

Plan on 10 days minimum. The waiting period runs ten 24-hour periods from the moment the dealer submits your DROS, and it applies even when your background check clears early. Getting your FSC beforehand keeps the process from taking longer.

Talk to a Santa Ana Gun Crimes Lawyer Before a Mistake Becomes a Charge

California’s firearm rules change almost every year, and prosecutors in Orange County charge weapons offenses aggressively, from unlicensed sales to possession by prohibited persons to brandishing allegations. If you are facing a firearms accusation or discovered a compliance problem with a gun you own, get legal advice before talking to investigators.

Attorney Sheny Gutierrez has defended clients in Santa Ana and throughout Orange County for more than 15 years and serves as a criminal defense attorney for the Mexican Consulate. Our office handles every type of gun and weapons charge in English and Spanish, and consultations are free seven days a week. Call 714-836-6000 or contact us online to discuss your situation.