California State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Purchase/Possession Prohibitions

California prohibits any person from owning, possessing, or having under his or her custody or control any ammunition or reloaded ammunition if the person falls into any of the categories of persons who are ineligible to purchase or possess firearms under state law. Cal. Penal Code § 12316(b). See the California Background Checks section for detailed information on prohibited purchasers/possessors.

Minimum Age Laws

California generally prohibits the possession of live ammunition by persons under 18 years of age. Section 12101(b).

Sellers of ammunition are prohibited from transferring ammunition to minors (persons under age 18 for any ammunition; persons under age 21 for handgun ammunition). Section 12316(a)(1). As a defense to criminal prosecution for violation of section 12316(a)(1), sellers or their agents or employees may present evidence that the minor presented identification demonstrating that he or she was actually the age of majority, and that the seller, agent or employee acted in reasonable reliance on this identification. Section 12316(a)(2).

Restricting Locations Where Ammunition May be Possessed

California prohibits carrying ammunition onto school grounds, subject to limited exceptions. Section 12316(c).

Regulation of Unreasonably Dangerous Ammunition

California bans the manufacture, importation, sale, offer for sale, or knowing possession or transportation of handgun ammunition designed primarily to penetrate metal or armor. Sections 12320, 12321. The state also prohibits the possession, sale, offer for sale, or knowing transportation of a "destructive device," defined to include “[a]ny projectile containing any explosive or incendiary material” or any other chemical substance including, but not limited to, that commonly known as tracer or incendiary ammunition (except tracer ammunition manufactured for use in shotguns), and any “explosive missile.” Sections 12301(a)(1), (2), 12303, 12303.6. The state provides for the limited issuance of permits to possess or transport any destructive device, issued at the discretion of the California Department of Justice. Section 12305.

California prohibits the manufacture, importation, keeping or offering for sale, transfer or possession of any flechette dart. A flechette dart is defined as a “dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body.” Sections 12020(a)(1), 12020(c)(6).

In addition, the state generally prohibits any person, firm or corporation from selling, offering for sale, possessing or knowingly transporting any fixed ammunition greater than 0.60 caliber. Section 12304.

Ammunition Regulation at Gun Shows

At all gun shows in California, ammunition may be displayed only in closed containers, unless the seller is showing the ammunition to a prospective buyer. Section 12071.4(d). In addition, no person at a gun show in California, other than security personnel or sworn peace officers, can possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Section 12071.4(g). Vendors selling such items at the show are exempt. See the California Gun Shows section for detailed information on the regulation of gun shows.

California prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending any assault weapon within the state. Cal. Penal Code § 12280(a)(1). However, the California Department of Justice ("DOJ") may, upon a finding of good cause, issue permits for the manufacture or sale of assault weapons for sale to certain agencies, persons, entities, governments, or law enforcement bodies. Section 12287.

With limited exceptions, no person may possess an assault weapon unless he or she possessed the firearm prior to the date it was defined as an assault weapon and registered the firearm with DOJ in the timeframe established by state law. Sections 12280, 12285 and 12286. Generally, no lawfully possessed assault weapon may be sold or transferred to anyone within California other than to a licensed gun dealer or a police or sheriff's department. Section 12285(b).

Section 12276 lists firearms that have been deemed assault weapons. Section 12276.1 states that the term "assault weapon" also includes any:

• Semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: 1) a pistol grip that protrudes conspicuously beneath the action of the weapon; 2) a thumbhole stock; 3) a folding or telescoping stock; 4) a grenade or flare launcher; 5) a flash suppressor; or 6) a forward pistol grip;

• Semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds;

• Semiautomatic, centerfire rifle that has an overall length of less than 30 inches;

• Semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: 1) a threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; 2) a second handgrip; 3) a shroud that is attached to, or partially or completely encircles, the barrel allowing the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or 4) the capacity to accept a detachable magazine at some location outside of the pistol grip;

• Semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds;

• Semiautomatic shotgun that has both a folding or telescoping stock, and a pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip;

• Semiautomatic shotgun that has the ability to accept a detachable magazine;

• Shotgun with a revolving cylinder.

California’s Attorney General is required to promulgate a list specifying all firearms that are designated as assault weapons. Section 12276.5. Provisions that permitted a judicial procedure for declaring a firearm an assault weapon were repealed in 2006, and a provision that authorized the Attorney General to declare a firearm an assault weapon ended in 2007.

Antique firearms (i.e., firearms manufactured prior to 1899), and certain pistols that are designed expressly for use in Olympic target shooting events, are exempted. Id.

California does not ban kits that allow a person to convert a lawful firearm into an assault weapon.

Any person owning a lawfully registered assault weapon may possess the firearm under the following limited conditions, unless he or she obtains a permit for additional uses under section 12286:

• At the person’s residence, place of business, or other property owned by that person, or on property owned by another with the owner’s express permission;

• While on a target range of a public or private club or organization organized for the purpose of practicing target shooting;

• While on a target range that holds a regulatory or business license for the purpose of practicing shooting at a target range;

• While at a shooting club licensed pursuant to the Fish and Game Code;

• While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms;

• While on publicly owned land if the possession and use of a firearm described in section 12276, 12276.1, 12276.5, or 12278 is specifically permitted by the managing agency of the land; or

• While transporting the firearm between any of the places mentioned above, or to any licensed gun dealer for servicing and repair (if the assault weapon is transported as required by § 12026.1).

Section 12285(c).

DOJ has the authority to conduct an annual security and safe storage inspection, and verify the assault weapon inventory, of any individual, firm or corporation that holds a permit to own or possess an assault weapon. Section 12289.5(a). Permit holders that maintain an inventory of fewer than five assault weapon devices are subject to such DOJ inspections only once every five years, or more frequently if deemed necessary by DOJ. Section 12289.5(b).

California law provides that the possession of an assault weapon in violation of state laws is a public nuisance. The Attorney General, any district attorney, or any city attorney may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon that is a public nuisance. Section 12282(a). A superior court may impose a civil fine not to exceed $300 for the first assault weapon deemed a public nuisance, and up to $100 for each additional assault weapon deemed a public nuisance. Section 12282(b).

Any assault weapon deemed a public nuisance shall be destroyed, except upon finding by a court, or a declaration from the state Department of Justice, a district attorney, or a city attorney stating that the preservation of the assault weapon is in the interest of justice. Section 12282(c). Upon conviction of any misdemeanor or felony involving the illegal possession or use of an assault weapon, the assault weapon shall be deemed a public nuisance and disposed of pursuant to section 12028(d). Section 12282(d).

For state assault weapon regulations, see Cal. Code Regs. tit. 11, §§ 5459 – 5473.

The courts have rejected legal challenges to California’s assault weapons ban. See Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (holding, inter alia, that the ban does not violate equal protection of the law because the statute does not burden a fundamental constitutional right to "bear arms," as no such right exists under the California constitution). See also Silveira v. Lockyer, 312 F.3d 1052, (9th Cir. 2002), petition for rehearing and rehearing en banc denied, 328 F.3d 567 (9th Cir. 2003) (en banc), cert. denied, 540 U.S. 1046 (2003) (rejecting federal constitutional challenges to the ban, holding, inter alia, that the Second Amendment only protects the collective right of the people to maintain well-regulated militias).

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In California, the California Department of Justice ("DOJ") serves as a state point of contact for implementation of the Brady Act. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). With limited exceptions, all firearms transfers must be conducted through a licensed dealer. See Cal. Penal Code §§ 12071, 12072. Dealers then process each firearms transfer through DOJ, which in turn uses NICS and other databases (including its own records, and those it is authorized to request from the State Department of Mental Health) to verify that prospective purchasers are not prohibited from possessing a firearm. Section 12076(d). In addition to the federal purchaser prohibitions referenced above, California has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Section 12021 prohibits any person from owning, purchasing, receiving, possessing, or having under his or her custody or control a firearm, who:

• Has been convicted of a felony, or is addicted to narcotic drugs;

• Has been convicted of specified crimes, both felonies and misdemeanors, relating to violence or the unlawful use of firearms (see §§ 12021(c)(1), 12021.1);

• As an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm;

• Is adjudged a ward of the juvenile court because the person committed an offense involving violence, drugs or firearms (including the carrying of a concealed firearm, the carrying of a loaded firearm in public or the possession of a firearm in a vehicle, regardless of whether the firearm was concealed or loaded). The prohibition will stay in effect until the person reaches age 30 (see § 12021(e)); or

• Knows he or she is subject to a protective order, restraining order, temporary restraining order or injunction issued by a court pursuant to Cal. Civ. Proc. Code §§ 527.6 or 527.8, Cal. Fam. Code § 6218, Cal. Penal Code §§ 136.2 or 646.91, or Cal. Welf. & Inst. Code § 15657.03 (see Penal Code § 12021(g)(1), (2)).

Under California Welfare & Institutions Code §§ 8100 and 8103, a person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:

• Has been admitted to a facility and is receiving in-patient treatment for a mental illness and the attending mental health professional opines that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility;

• Communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims (see § 8105(c));

• Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply, however, if the court of adjudication issues, upon the individual’s release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others;

• Has been found not guilty by reason of insanity of enumerated violent felonies. A person who is found not guilty by reason of insanity of other crimes is barred from possessing firearms unless a court finds that the person has recovered his or her sanity;

• Has been found mentally incompetent to stand trial, unless there is a subsequent finding that the person has become competent;

• Is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism;

• Has been: 1) taken into custody and placed in a county mental health facility for treatment and evaluation because he or she is a danger to himself or herself or others as a result of a mental disorder (see section 5150); 2) assessed by a professional in charge of the facility to determine the appropriateness of the voluntary detention, and whether the patient can be properly served without being detained (see section 5151); and 3) admitted to a facility pursuant to sections 5151 and 5152 because the individual is a danger to himself or herself or others. This prohibition lasts for five years. However, a person barred from firearm possession by this provision may petition the superior court for an order permitting him or her to possess firearms. See section 8103(f). The mental facility is required to inform the patient, prior to discharge, that the patient is banned from possessing a firearm for five years and is also required to notify the patient that he or she may petition the court for permission to possess a firearm; or

• Has been involuntarily committed for intensive treatment pursuant to sections 5250, 5260, or 5270.15. This prohibition lasts for five years.

Licensed dealers shall not deliver a firearm to a purchaser or transferee whenever the dealer is notified by DOJ that the person is in a prohibited class described in sections 12021 or 12021.1 of the Penal Code or sections 8100 or 8103 of the Welfare and Institutions Code. Section 12071(b)(3)(D). The dealer shall make available to the person in the prohibited class a DOJ "Prohibited Notice and Transfer" form, stating that the person is prohibited from owning or possessing a firearm and that the person may obtain from DOJ the reason for the prohibition. Id.

No dealer shall transfer or deliver a firearm to a person within ten days of an application to purchase or, after notice from DOJ that the dealer transmitted inaccurate or incomplete information to identify the purchaser or the firearm to be transferred, or the required fee has not been transmitted, within ten days of the submission to DOJ of any correction to the application, or any required fee, whichever is later. Sections 12071(b)(3)(A), 12072(c)(1), and 12076(d), (e). Per section 12076(b), it is a misdemeanor to furnish incorrect information on an application to purchase a firearm.

Pursuant to section 12077.5(a), any person may request a voluntary determination from DOJ stating whether he or she is eligible to possess a firearm. No person or agency may require or request another person to obtain a firearms eligibility check. Section 12077.5(g). DOJ is authorized to charge a fee of $20 for conducting each check. Section 12077.5(b).

Under section 12021.3(a)(1), any person claiming title to any firearm in the custody or control of a court or law enforcement agency who wishes to have the firearm returned must undergo a background check to determine if he or she is eligible to possess a firearm. If an individual does not seek return of a firearm, or if he or she fails to pass the background check, the person must relinquish the firearm and, if the firearm is an otherwise legal firearm and the person otherwise has right to title of the firearm, he or she may relinquish it by selling it or transferring title to a licensed dealer. Section 12021.3(a)(2), (i)(1).

Section 12010 establishes a Prohibited Armed Persons File ("File"), a DOJ online database that tracks persons who are prohibited from owning or possessing a firearm. The database cross-references information for persons relative to the purchase and possession of firearms on or after January 1, 1991, and information identifying those persons who have subsequently been prohibited from owning or possessing firearms. Section 12010(a). The information contained in the File can only be made available to public and private entities as specified in, and pursuant to, section 11105(b), (c) for the purpose of determining if persons are armed yet prohibited from possessing firearms. Section 12010(b).

For specific prohibitions on owning, purchasing or possessing firearms due to domestic violence, see the California Domestic Violence and Firearms section.

See the California Mental Health Reporting section for further information on mental health provisions related to firearms.

         Brady Exemption

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). In California, only persons holding an "entertainment firearms permit" are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the California Carrying Firearms section.

         Entertainment Firearms Permit

To facilitate rentals of firearms for use in motion picture, television and other entertainment productions, California has created an "entertainment firearms permit." This permit allows any person age 21, after passing a background check, to be exempt from normal firearm dealer transfer requirements when possessing or receiving an unloaded firearm for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event. Sections 12078(s)(2), 12081. Loans of unloaded firearms from California licensed dealers to permit holders for entertainment purposes are also exempt from the firearm dealer transfer requirements. Section 12078(s)(1).

         Surrender of Firearms by Prohibited Persons

No California law provides a general time limit within which a person who has fallen into a prohibited category must surrender his or her firearms. A person against whom a restraining order or protective order is issued must surrender his or her firearms within 24 hours of being served with the order. (Cal. Civ. Proc. Code § 527.9(b).)

With respect to a person prohibited from firearm possession because of a prior conviction or mental health condition, California Penal Code § 12021(d)(2) requires DOJ to supply a form to be used by courts to notify convicted defendants that they are prohibited from possessing a firearm. The form created by DOJ states that the prohibition is effective "immediately upon occurrence of the prohibiting event." According to the form, the prohibited person must immediately designate a third party who is not prohibited from possessing firearms by completing a Power of Attorney Declaration. The third party then has 30 days to properly transfer or dispose of any firearms possessed by the prohibited person.

In addition, section 12021(h) states that a prohibited person who finds a firearm may possess it "no longer than …is necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law." There is no other exception allowing a prohibited person to remain in possession of a firearm beyond the time he or she becomes prohibited.

Any handgun owner who moves into California from out-of-state on or after January 1, 1998 and is prohibited under California law from possessing firearms is deemed a "personal handgun importer." Section 12001(n). Section 12072(f)(2)(A) allows any such person 60 days to sell or transfer the handgun through a licensed dealer or to a sheriff or police department, or provide a report to DOJ regarding the handgun. The form requires the handgun owner to expressly authorize DOJ to perform firearm eligibility checks of all relevant state and federal databases, including NICS. The form also requires the handgun owner to certify that he or she understands that if the results of this check reveal that he or she is ineligible either to lawfully possess or purchase firearms, he or she must relinquish any and all firearms in his or her possession. Although the form does not specify the time period during which the person must then relinquish his or her firearms, presumably he or she must do so immediately, since his or her possession of those firearms is at all times unlawful.

A person who moves into the state and is in possession of an assault weapon or a .50 BMG rifle may either obtain a permit from DOJ before entering the state with the firearm, or cause the firearm to be delivered to a licensed dealer who will possess it until the person obtains such a permit. Section 12285(b)(2), (4).

There is no law addressing prohibited possessors moving into the state in possession of a long gun.

California Food & Agricultural Code § 5343.5 requires that a notice be posted conspicuously at any inspection station along the California border, in block letters not less than four inches in height, stating:

"NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE.

IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED.

IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY."

California Penal Code § 12072.5(b), adopted in 2000, states that:

The Attorney General shall conduct a study to evaluate ballistics identification systems to determine the feasibility and potential benefits to law enforcement of utilizing a statewide ballistics identification system capable of maintaining a data base of ballistic images and information from test fired and sold firearms. The study shall include an evaluation of ballistics identification systems currently used by state and federal law enforcement agencies and the firearms industry. The Attorney General shall consult with law enforcement agencies, firearms industry representatives, private technology providers, and other appropriate parties in conducting the study.

The Attorney General’s report, released to the public on January 29, 2003, states that automated ballistics fingerprinting systems are already assisting forensic experts using relatively small databases to compare cartridge cases recovered at crime scenes, and noted that the expansion of such databases to include hundreds of thousands of newly-manufactured firearms may potentially serve as a vital crime-solving tool. The report cautions, however, that under existing technology, adding the large volume of new guns sold in California could overburden the fingerprinting database, while providing limited useful forensic information to criminal investigators. The Attorney General is optimistic that technology will evolve rapidly to overcome these barriers to an effective ballistics fingerprinting system in California, and noted that further studies on the system are underway.

See LCAV’s Ballistic Identification summary for further information. For information on groundbreaking legislation that will require microstamping technology in semiautomatic pistols in California, see the California Microstamping section.

Possession Restrictions

California generally prohibits the carrying of a concealed firearm on the person in public or within any vehicle under his or her control or in which he or she is an occupant. California Penal Code § 12025(a). Conduct that would normally violate section 12025 may be justified where a person possessing a concealable firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current court-issued restraining order against another person or persons who has or have been found to pose a threat to the possessor’s life or safety. Section 12025.5(a).

California also prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of unincorporated territory. Section 12031(a)(1). "Loaded" in this context means that the firearm has a cartridge or shell in a chamber, clip or magazine that is in or attached in some way to the firearm. Section 12031(g).

The prohibited conduct under sections 12031(a) and 12025(a) is subject to numerous exceptions, including exceptions for concealed weapons license holders. See sections 12025.5 through 12027.1, and 12031(b)(6).

A U.S. citizen or legal resident over age 18 may carry any pistol, revolver, or other firearm capable of being concealed upon the person anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. Section 12026(a). A permit or license is not required for a person to carry within these locations, as long as he or she may legally purchase or possess firearms under state law. Sections 12026(b), 12031(h).

Section 12025 does not prohibit any U.S. citizen over age 18 who resides or is temporarily in California, and does not fall into a prohibited class under California law, from transporting or carrying any concealable firearm, if:

• The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container (a secure container that is fully enclosed and locked by a padlock, key or combination lock, or similar locking device per section 12026.1(c)) in the vehicle other than the utility or glove compartment; and

• The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.

Section 12026.1(a).

The state prohibits any person from carrying a concealed firearm upon his or her person or within any vehicle which is under his or her control or direction while engaged in picketing or other informational activities in a public place relating to a concerted refusal to work. Section 12590(a)(1). The exceptions regarding carrying concealed firearms under section 12027 (provided for peace officers, bank guards, armored vehicle guards, licensed hunters or fishermen, private investigators, and certain other persons) do not apply if these persons are engaged in picketing activities. Section 12590(c).

The state generally prohibits persons from possessing a firearm in any state or local public building or at any public meeting. Section 171b(a)(1). Possession of a loaded firearm in or on the grounds of the state capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room where a state legislative committee hearing is being conducted is prohibited. Section 171c. Concealed weapons license holders are exempt from these prohibitions. Sections 171b(b)(3), 171c.

Generally, California prohibits the carrying or possession of any firearm in the California State Parks system. Cal. Code Regs. tit. 14, § 4313(a). This prohibition should not be construed in derogation of the use of weapons permitted by law or regulation to be used for hunting in any unit of the state park system open to hunting. Section 4313(b). Firearms that do not have a cartridge in any portion of the mechanism, or other unloaded weapons, may be possessed within temporary lodging or a mechanical mode of conveyance when such weapons are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. Section 4313(c).

California also prohibits any person, including a concealed weapons licensee, from:

• Possessing a firearm at a polling place (Cal. Elec. Code § 18544(a));

• Possessing a firearm on the buildings or grounds of the "Cal Expo" center in Sacramento (Cal. Code Regs. tit. 14, § 4955);

• Possessing a firearm in or on the buildings or grounds of:

• A child care center (Cal. Code Regs. tit. 22, § 101238(g)(2));

• A social rehabilitation facility (Cal. Code Regs. tit. 22, § 81087(g));

• The residences of transitional housing placement program licensees (Cal. Code Regs. tit. 22, 86087(d)); or

• Crisis nurseries (Cal. Code Regs. tit. 22, § 86587(g)(2)).

In addition, any person carrying a loaded firearm of any kind with the intent to commit a felony is criminally liable for "armed criminal action." Cal. Penal Code § 12023. For purposes of this prohibition only, a firearm shall be deemed loaded whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person. Section 12001(j).

Where the population of a county is less than 200,000 persons, the licensing authority may grant a license to carry a loaded and exposed handgun in that county only. Section 12050(a)(1)(A)(ii), (a)(1)(B)(ii).

For information on the carrying or possession of guns in schools, please see the California Gun-Free Schools section.

Transportation of Firearms

Any person over age 18 who does not fall into a prohibited class under sections 12021, 12021.1, or 12025 or sections 8100 or 8103 of the Welfare and Institutions Code may transport in a motor vehicle any concealable firearm if the firearm is unloaded and in a locked container. Penal Code § 12026.1(a). A "locked container" is a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Section 12026.1(c). A locked container includes the trunk of a motor vehicle, but not the utility or glove compartment. Section 12026.1(a)(1).

California law is silent on the transportation of long guns (rifles and shotguns), but individuals are not required by law to transport long guns in a locked container. However, as with concealable firearms, carrying a loaded rifle or shotgun in public or in a vehicle is against the law. Section 12031(a). A firearm shall be deemed loaded if there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including, but not limited to, in the firing chamber, magazine, or clip attached to the firearm. Section 12031(g). A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. Id.

Concealed Weapons Licensing Requirements

California is a "may-issue" state, meaning that local law enforcement has discretion when issuing concealed weapons licenses. A license may be issued only after a finding that: 1) the applicant is of "good moral character;" 2) good cause exists for the issuance of a license; 3) the applicant has completed a firearms safety course (see the California Licensing of Gun Purchasers/Owners section); and 4) the applicant is not prohibited from possessing firearms (see the California Background Checks section). Section 12050(a)(1). Unless otherwise restricted, the license is valid throughout the state. Id.

A license to carry a concealed handgun may be granted to residents of a city by the local police department, or to residents of a county, or a city within the county, by the county sheriff. Section 12050(a). Any person who spends “a substantial period of time” in his or her principal place of employment or business in the county also may apply to that county’s sheriff for a concealed weapons license. Section 12050(a)(1)(D)(ii). A city or county may be considered an applicant’s “principal place of employment or business” only if the applicant is physically present in the jurisdiction during a substantial part of his or her working hours for purposes of that employment or business. Section 12050(a)(3).

Additional concealed weapons license application and background check requirements, as well as license suspension or disqualification information, are detailed under sections 12050, 12051, 12052, 12052.5 and 12054.

The fee for a concealed weapons license is $44. Cal. Code Regs. tit. 11, § 4006(b). The licensing authority of any city, city and county, or county may charge an additional fee, equal to the actual costs for processing the application, and excluding fingerprint and training costs, not to exceed $100. Section 12054(a). If, on an initial application, the licensing authority requires psychological testing for the license applicant, the applicant shall be referred to a licensed psychologist used by the licensing authority for the psychological testing of its own employees. Section 12054(c). The applicant may be charged for the actual cost of the testing, not to exceed $150, and, if additional psychological testing is required, that cost to the applicant cannot exceed $150. Id.

The local licensing authority must revoke an individual’s license if, at any time, either the local licensing authority is notified by DOJ or otherwise determines that a licensee is within a prohibited class described in sections 12021 or 12021.1 of the Penal Code or sections 8100 or 8103 of the Welfare and Institutions Code. Cal. Penal Code § 12050(e)(1). The licensee shall be immediately notified of the revocation in writing. Section 12050(e)(3). Upon determining that a licensee falls into a prohibited class under any of the above-mentioned statutes, DOJ must immediately notify the local licensing authority of the determination. Section 12050(e)(2).

         Disclosure or Use of Information

California law states that certain information contained in the applications for concealed weapons permits and the records of concealed weapons applicants may not be disclosed to the public. Such information includes:

• Records of state summary criminal information contained in concealed weapons permit records of a sheriff or municipal police department;

• Records of the sheriff’s investigation of the qualification and fitness of an applicant under Government Code section 6254(f); and

• Information contained in applications for licenses to carry firearms by the sheriff of a county or a municipal police chief indicating when or where the applicant is vulnerable to attack or concerning the applicant’s medical or psychological history or that of members of his or her family under section 6254(u)(1).

The application and record of a permit for a concealed weapon are public documents unless they contain information by which the county sheriff or municipal police chief can demonstrate that the public interest served by not making such records public clearly outweighs the public interest in their disclosure, per section 6255.

For additional explanation on the disclosure and use of concealed weapons permit information, see the California Attorney General’s opinion concerning public disclosure of records, 62 Ops. Cal. Atty. Gen. 595 (1979).

          Duration and Renewal

Subject to certain limited exceptions for peace officers, judges, and other limited classes of individuals, a license to carry a concealed handgun is valid for two years from the date of issuance or renewal. Cal. Penal Code § 12050(a)(2)(A)(i). Both first time and renewal applicants must complete a firearms safety course. Section 12050(a)(1)(E)(i), (ii).

An amendment to a license does not extend the original expiration date of the license, and an application to amend a license does not constitute an application for renewal. Section 12050(f)(5), (6).

          Location Limits

A concealed weapons license may include any reasonable restrictions or conditions which the police department, county sheriff or other issuing authority deems necessary, including restrictions as to the time, place, manner, and circumstances under which the license holder may carry a concealable firearm. Section 12050(b). Any restrictions imposed by the issuing authority must be indicated on the license. Section 12050(c).

California prohibits any concealed weapons permit holder from carrying a concealable firearm upon his or her person or within any vehicle under his or her control while engaged in picketing activity. Section 12590(a)(1).

          Reciprocity

California does not permit concealed weapons permit holders from other states to carry their concealed firearms in the state.

          Brady Exemption

Concealed weapons permit holders in California are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Under California Penal Code § 12035(b)(1), a person is liable for the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm:

[W]ithin any premises that are under his or her custody or control and he or she knows or reasonably should know that a child [defined as a person under age 18; see section 12035(a)(3)] is likely to gain access to the firearm without the permission of the child’s parent or legal guardian and the child obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.

Any person violating this provision is subject to a maximum of three years in prison and a fine of $10,000.  Section 12035(d)(1).

Similarly, section 12035(b)(2) imposes liability for the crime of “criminal storage of a firearm of the second degree” upon any person who keeps any loaded firearm:

[W]ithin any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian and the child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of section 417 [prohibiting the drawing or exhibiting of a firearm in a rude, angry, or threatening manner, or unlawfully using a firearm in a fight or quarrel].

Any person in violation of section 12035(b)(2) is subject to a misdemeanor. Section 12035(d)(2).

California also provides that adults are subject to criminal liability when a child finds a loaded or unloaded handgun on premises owned or controlled by the adult, the adult knows or reasonably should know that a child is likely to gain access to that firearm without the permission of the child’s parent or legal guardian, and the child gains such access to the handgun and carries it off-premises. Section 12036(b).

Where the child gains access to a firearm without appropriate permission and carries that firearm to any public or private preschool, elementary school, middle school, high school, or to any school-sponsored event, activity, or performance, whether occurring on school grounds or elsewhere, the adult on whose premises the firearm was found faces imprisonment in a county jail for up to one year, a fine not exceeding $5,000, or both the imprisonment and fine. Section 12036(c).

Sections 12035(b) and 12036(b), (c) do not apply when any of the following exceptions, outlined under sections 12035(c) or 12036(e), occur:

• The child obtains the firearm as a result of an illegal entry into any premises by any person;

• The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure;

• The firearm is carried on the person or within such a close proximity to the person that he or she can readily retrieve and use the firearm as if carried on the person;

• The firearm is locked with a locking device that has rendered the firearm inoperable;

• The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during, or incidental to, the performance of the person's duties;

• The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons; or

• The person who keeps a firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

Sections 12035(e) and 12036(f) provide that “[i]t is the Legislature’s intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist.” In such cases, no arrest shall occur until at least seven days after the accidental shooting, and law enforcement officials are encouraged “to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.” Section 12035(f), 12036(g).

California law requires firearms dealers to conspicuously post on their premises warnings regarding criminal penalties for firearms owners who do not store or secure their firearms in a manner that keeps minors from possessing and using the weapons. Sections 12071(b)(7)(A)-(C), 12088.3. See the California Dealer Regulations section for a discussion of firearm ownership warnings.

In addition, California Civil Code section 1714.3 states that:

Civil liability for any injury to the person or property of another proximately caused by the discharge of a firearm by a minor under the age of 18 years shall be imputed to a parent or guardian having custody and control of the minor for all purposes of civil damages, and such parent or guardian shall be jointly and severally liable with such minor for any damages resulting from such act, if such parent or guardian either permitted the minor to have the firearm or left the firearm in a place accessible to the minor.

The liability imposed by this section is in addition to any liability otherwise imposed by law. However, no person, or group of persons collectively, shall incur liability under this section in any amount exceeding thirty thousand dollars ($30,000) for injury to or death of one person as a result of any one occurrence or, subject to the limit as to one person, exceeding sixty thousand dollars ($60,000) for injury to or death of all persons as a result of any one such occurrence.

State administrative regulations govern the safe storage of firearms in family child care homes. These regulations require that the home be free from conditions which might endanger a child, and specifically require that firearms be stored inaccessible to children. Cal. Code Regs. tit. 22, § 102417(g)(4). Storage areas for firearms must either be locked, or firearms may be secured by trigger locks or disabled by removing the firing pin. Firing pins and ammunition must be stored and locked separately from firearms.

For other measures related to child access prevention, see the California Locking Devices section.

          Licensing Requirements

Any person who sells, transfers, or loans firearms must be licensed pursuant to state law. Cal. Penal Code § 12070(a). There are several exceptions to this requirement, including those for: 1) persons who are selling firearms pursuant to court orders or acting pursuant to operation of law; 2) the infrequent sale, lease, or transfer of firearms; 3) the sale, lease, or transfer of used firearms other than handguns at gun shows (subject to several conditions); 4) sales, deliveries, or transfers between wholesalers, importers and manufacturers, and between dealers and wholesalers, importers or manufacturers; and 5) firearm loans that take place at a shooting range for the purpose of shooting at targets. Section 12070(b).

In order to become a California firearms dealer, a person must:

• Have a valid federal firearms license;

• Have any regulatory or business license(s) required by local government;

• Have a valid seller’s permit issued by the State Board of Equalization;

• Have a Certificate of Eligibility (COE) issued by the California Department of Justice (DOJ). A COE is defined as "a certificate which states that the Department has checked its records and determined that the applicant is not prohibited from acquiring or possessing firearms pursuant to Sections 12021 and 12021.1 of the Penal Code, and Sections 8100 and 8103 of the Welfare and Institutions Code, or Title 27, Part 178.32 of the Code of Federal Regulations at the time the check was performed." Cal. Code Regs. tit. 11, § 4031(h). For regulations pertaining to the issuance of a COE, see Cal. Code Regs. tit. 11, §§ 4036 – 4041;

• Have a license granted by the duly constituted licensing authority of any city, county, or city and county. (If the local jurisdiction does not have a dealer licensing system, the dealer must obtain and provide to DOJ a letter from the duly constituted licensing authority having primary jurisdiction for the applicant’s intended business location stating that the jurisdiction does not require any form of regulatory or business license or does not otherwise restrict or regulate the sale of firearms, per section 12071(a)(6).); and

• Be listed on DOJ’s centralized list of all persons licensed to sell firearms (see Cal. Code Regs. tit. 11, §§ 4016 – 4024 for applicable regulations).

Penal Code § 12071(a)(1).

With limited exceptions for gun shows and non-profit events, California requires firearms dealers to conduct business only in the buildings designated in the license. Penal Code §§ 12071(b)(1), 12078(g).

Dealers are required to renew their business licenses every year. A COE term shall not exceed one year. Cal. Code Regs. tit. 11, § 4039. In addition, the term of a centralized list placement is from January 1 through December 31. Cal. Code Regs. tit. 11, § 4021(a). To remain in compliance with the law, dealers must renew these licenses each year.

          Transfer of Firearms

Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm (see the California Background Checks section).

Cal. Penal Code § 12071(b)(3) states that no firearm shall be delivered:

• During the state’s ten-day waiting period (see the California Waiting Periods section);

• Unless unloaded and securely wrapped, or unloaded and in a locked container;

• Unless the purchaser, transferee, or person being loaned the firearm presents “clear evidence” of his or her identity and age to the dealer (either a valid California driver’s license or a valid California identification card issued by the Department of Motor Vehicles). Dealers are prohibited from transferring handguns to persons under age 21, or any other firearm to persons under the age of 18 (see § 12072(b)); and

• Whenever the dealer is notified by DOJ that the person is in a prohibited class under state law.

DOJ has the authority to place a firearm sale on hold until all background check information is received and the check is completed to DOJ’s satisfaction. Thus, in practice there is no outside time limit for the completion of a background check, i.e., a firearm transfer will not occur until DOJ has approved the transfer, provided the dealer has received notice of any delay in the background check process. See section 12076(d)(1)-(5). (Under federal law, in contrast, a dealer is permitted to transfer a firearm if a background check has not been completed within three business days. See 18 U.S.C. § 922(t)(1)(B)(ii)).

In addition, firearms dealers are prohibited from delivering a handgun to a purchaser or transferee unless that person presents a Handgun Safety Certificate (HSC) (see the California Licensing of Gun Purchasers/Owners section) and submits documentation indicating that he or she is a California resident. (Valid proof of residency includes, but is not limited to, a utility bill from the past three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state.) Sections 12071(b)(8)(B), (C), 12072(c)(5)(B), 12801(b)(2). The dealer is required to retain a copy of the residency documentation as proof of compliance. Section 12071(b)(8)(C). Any firearms dealer who fails to comply with the requirements of the HSC process may be removed from DOJ’s centralized list of firearms dealers and punished by imprisonment in a county jail or in a state prison, not exceeding one year, or by a fine not to exceed $1,000, or by both the imprisonment and fine. Sections 12071(e), 12072(g)(3)(D).

With specified exceptions, any loan of a handgun requires that the recipient have a valid HSC. Section 12072(c)(5)(B). Failure to comply with this requirement is a misdemeanor. Section 12072(g)(3)(D).

Dealers are also required to obtain the right thumbprint of a purchaser or transferee before completing any transaction. Section 12077(b)(2), (c)(2).

A person, corporation or dealer must not transfer a firearm to a person he or she knows or "has cause to believe" is a straw purchaser (i.e., a person not within a prohibited category who buys firearms on behalf of a convicted felon, juvenile or other prohibited purchaser), or to a person prohibited by law from owning, possessing, or controlling a firearm. Section 12072(a)(4).

A person, corporation or dealer must not sell ammunition or reloaded ammunition to a purchaser under age 18 (or under age 21 in the case of handgun ammunition). Section 12316(a)(1). Anyone violating this provision may raise as an affirmative defense to prosecution that the person sold ammunition to a prohibited purchaser after viewing, and reasonably relying upon, "bona fide evidence of majority and identity" (meaning a document issued by a federal, state, county, or municipal government including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person). Section 12316(a)(2).

Licensed dealers who do not sell, transfer, or stock handguns are not required to process private party handgun transactions. Section 12082(c). However, all dealers must continue to conduct private party long gun transactions upon request.

         Safe Handling Demonstration for Handguns

A firearms dealer must not deliver a handgun to a purchaser or transferee unless the recipient performs a safe handling demonstration with the handgun being purchased. Section 12071(b)(8)(D). The purchaser or transferee must perform the demonstration in the presence of a DOJ-certified instructor. Sections 12071(b)(8)(G), (I), 12804(j). If the purchaser or transferee is purchasing a semiautomatic pistol, he or she must safely and correctly perform the following actions, with the pistol unloaded, locked using the required firearm safety device, pointing it toward the ground or in another safe direction, and keeping the trigger finger outside of the trigger guard and alongside the pistol frame at all times:

• Remove the magazine;

• Lock the slide back. If the model of firearm does not allow the slide to be locked back, pull the slide back, visually and physically check the chamber to ensure that it is clear;

• Visually and physically inspect the chamber to ensure that the handgun is unloaded;

• Remove the firearm safety device, if applicable. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step;

• Load one bright orange, red, or other readily identifiable dummy round into the magazine. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;

• Insert the magazine into the magazine well of the firearm;

• Manipulate the slide release or pull back and release the slide;

• Remove the magazine;

• Visually inspect the chamber to reveal that a round can be chambered with the magazine removed;

• Lock the slide back to eject the bright orange, red, or other readily identifiable dummy round. If the handgun is of a model that does not allow the slide to be locked back, pull the slide back and physically check the chamber to ensure that the chamber is clear. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;

• Apply the safety, if applicable; and

• Apply the firearm safety device. This requirement shall not apply to an Olympic competition pistol if no firearms safety device, other than a cable lock that DOJ has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in section 12132(h)(2) or is subject to section 12132(h)(3).

Section 12071(b)(8)(D)(i).

If the recipient is purchasing a double-action revolver, he or she must safely and correctly perform the following actions, with the revolver unloaded, locked using the required firearm safety device, pointing it toward the ground or in another safe direction, and keeping the trigger finger outside of the trigger guard and alongside the revolver frame at all times:

• Open the cylinder;

• Visually and physically inspect each chamber to ensure that the revolver is unloaded;

• Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step;

• While maintaining muzzle awareness (i.e., pointing the revolver in a safe direction, preferably toward the ground) and trigger discipline (i.e., keeping the trigger finger outside the trigger guard and along side the handgun frame), load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;

• Close the cylinder;

• Open the cylinder and eject the round;

• Visually and physically inspect each chamber to ensure that the revolver is unloaded; and

• Apply the firearm safety device.

Section 12071(b)(8)(D)(ii).

If the recipient is purchasing a single-action revolver, he or she must safely and correctly perform the following actions with that handgun:

• Open the loading gate;

• Visually and physically inspect each chamber to ensure that the revolver is unloaded;

• Remove the firearm safety device required to be sold with the handgun. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step;

• Load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder, close the loading gate and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;

• Open the loading gate and unload the revolver;

• Visually and physically inspect each chamber to ensure that the revolver is unloaded; and

• Apply the firearm safety device.

Section 12071(b)(8)(D)(iii).

Following the safe handling demonstration, the dealer shall sign, date, and retain an affidavit stating that the requirements have been met, and obtain the signature of the handgun purchaser on this affidavit. Section 12071(b)(8)(F). The affidavit serves as proof of the dealer’s compliance with the safe handling demonstration requirement. Id. Failure to comply may result in removal of the dealer from California’s centralized list of firearms dealers. Section 12071(b).

Persons who are exempt from the HSC requirement are also exempt from the safe handling demonstration. Sections 12071(b)(8)(J), 12807. Concealed weapons permittees are exempt from these requirements. Section 12807(a)(9).

         Entertainment Firearms Permit

To facilitate rentals of firearms for use in motion picture, television and other entertainment productions, California has created an "entertainment firearms permit." This permit allows any person age 21, after passing a background check, to be exempt from normal firearm dealer transfer requirements when possessing or receiving an unloaded firearm for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event. Sections 12078(s)(2), 12081. Loans of unloaded firearms from California licensed dealers to permit holders for entertainment purposes are also exempt from the firearm dealer transfer requirements. Section 12078(s)(1).

         Gun Trafficking/Firearms Dealer Verification

Whenever a federal firearms licensee ("FFL") intends to deliver, sell or transfer firearms to an FFL whose licensed premises are in California, the shipper must obtain from DOJ, prior to delivery, a unique verification number per section 12071. Section 12072(f)(1)(A). DOJ will issue a unique verification number only if the intended recipient of the firearms is on the state’s centralized list of firearms dealers. Section 12072(f)(1)(B), (C). The shipper must then provide this number to the California dealer upon delivery of the firearms. Section 12072(f)(1)(C).

Section 12076(e) provides that DOJ may require firearms dealers to charge each purchaser a fee of up to $14, which may be increased as necessary to fund DOJ for costs associated with DOJ's firearms-related regulatory and enforcement activities involving the sale, purchase, loan or transfer of firearms. DOJ has set the current fee at $19. Cal. Code Regs. tit. 11, § 4001. This provision permits DOJ to use DROS fees (which firearms purchasers must pay to DOJ during the purchase of any firearm) to fund California's anti-trafficking efforts by verifying the legitimacy of gun dealers prior to their receipt of firearms shipments.

         Recordkeeping

Firearms dealers are required to report all Dealer Record of Sale (DROS) transactions electronically and, as of January 1, 2003, can no longer report transactions to DOJ via telephone or other means. Section 12076(a)(3). Dealers must obtain personal identifying information from a purchaser or transferee of a firearm, and must do so by swiping the recipient's California driver's license or identification card through a magnetic card strip reader. Section 12077(f). This information cannot be supplied by any other means except as authorized by DOJ. Id.

Subject to limited exceptions, licensed dealers are required to keep a register or record of electronic or telephonic transfers of all firearms, containing detailed information on the purchaser and the firearm being sold. (See § 12077(b)(1)-(3) for handguns, § 12077(c)(1)-(3) for long guns.) Section 12073(a). Violating dealers are criminally liable for a misdemeanor. Section 12073(c).

Firearms dealers must record on the register or record of electronic transfer the date a firearm is delivered to the transferee. Section 12077(b)(3), (c)(3).

Dealers are also required to maintain a firearms transaction record. Section 12071(b)(17). This record shall be made available to law enforcement during business hours. Id. The dealer also must report to the DOJ the acquisition of any handgun on the date he or she receives the handgun. Section 12071(b)(18).

For information regarding the use of firearm purchaser background information, see the California Registration of Guns section.

         Warnings

Section 12071(b)(7)(A)-(F) requires firearms dealers to conspicuously post the following warnings in block letters not less than one inch in height:

IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.

IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.

IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($ 5,000), UNLESS YOU STORED T