Can You Buy a Rifle at 18 in California
Gun laws are a hot topic around the nation, and California is no exception. While the Second Amendment is often believed to be a straightforward rule assuasive citizens to own guns, the reality is much more complicated. Federal, state, and local laws all put limits on the types of guns you tin own and where and how you lot tin apply them, and the penalties for breaking those rules can exist severe. California gun laws are amongst the more restrictive in the state – there are hundreds of different code sections within the California statutes that govern buying and apply of a gun.
If you ain or are considering acquiring a gun in California, here's what you need to know.
Gun Buy And Buying
California gun laws restrict who can buy a gun, and how. First, you must be at least xviii years erstwhile to purchase a rifle or a shotgun. For a handgun, you must be at least 21. In either instance, y'all must have a Firearm Safety Document and complete a safety demonstration with your new gun. Cal. Pen. Code, § § 26800-26850. You'll need to present valid ID – either a current California driver's license or identification card issued by the DMV. If you're non a citizen, you can bring documentation of your Alien Registration Number. In addition, there is a x-day waiting menses later on your purchase during which the state will run a background check (notation that this dominion is currently being appealed in federal court). Finally, all guns must generally be purchased through a California licensed dealer using the Dealer'due south Tape of Sale (DROS) system, which records your ownership and identity.
New Residents
If you lot have purchased a gun in some other state and are moving to California, yous accept threescore days to either:
- submit a New Resident Written report Of Firearm Ownership and a $19 fee to the California DOJ Bureau of Firearms
- sell or transfer the gun to or through a licensed California firearms dealer
- sell or transfer the gun to your local California constabulary department (you should contact them first for detailed instructions)
If you move to California and do not annals or sell your firearm, y'all face at least a misdemeanor charge with fines and up to i yr in county jail. If you accept prior convictions or if you're prohibited by California law from owning a firearm, you may face 2-four years in jail. Cal. Pen. Lawmaking § 12072(g).
Nether California gun laws, sure people are prohibited from always owning a firearm. These include:
- Anyone whose probation terms prohibit ownership
- Any individual bedevilled of a vehement crime or felony
- Anyone subject to a permanent or temporary restraining social club
- Anyone who has been afflicted with mental disease who has been found past the court to exist a danger to themselves or others
- Any individual convicted of misdemeanors outlined under Penal Code section 29805
- Anyone illegally residing in the U.S.
- Individuals addicted to using narcotics
- Any person who was taken into custody under sections of the Welfare and Institutions Code
- Anyone who has been dishonorably discharged by the military machine
- Anyone determined to be a sex offender with a mental disorder
In order to determine who is disqualified from being able to own a weapon, California uses the Armed Prohibited Persons System. Officers are allowed to confiscate weapons if the private appears in the database to have purchased a weapon in the past.
Banned Firearms
There are sure types of guns and related equipment that cannot be bought or sold in California, regardless of whether you meet the general requirements. These include:
- Big capacity magazines (those that agree more than ten rounds of ammunition)
- .50 Browning Machine Gun caliber rifles
- Attack weapons
- All automated weapons
- Rifles with barrels of less than 16"
- Short-barreled shotguns
Transporting Or Carrying a Firearm
California gun laws are unusually strict as far every bit transporting and carrying firearms. In full general, information technology is illegal to open up carry a "handgun" in whatever public place and in whatsoever incorporated city or county, or in prohibited areas (like schools, airports, and government buildings). You tin can openly carry firearms in individual parts of unincorporated areas. In this case, a "handgun" doesn't just refer to pistols – information technology means any gun with a barrel shorter than 16″ or that could be concealed somewhere on your person. Cal. Pen. Lawmaking § 26350. These rules use even to unloaded weapons.
Y'all are allowed to transport an unloaded firearm in a locked and secured container to or from your vehicle. Y'all tin also transport an unloaded firearm in your vehicle as long as it'due south unloaded and in either a locked and secured container or in your body. Cal. Pen. Lawmaking § 25610. Remember that a glove compartment does not qualify.
Long guns may not autumn under this restriction, merely sure counties and cities may have divide sets of restrictions on the open carrying of long guns so you'll need to check with local law enforcement to larn the laws in your expanse.
Loaded Vs. Unloaded Guns And Other Factors
Conveying an unloaded gun and carrying a loaded gun in public are separate offenses nether California gun laws. In general, both crimes are misdemeanors unless there are aggravating factors, such as:
- the person carrying the gun is prohibited from having a firearm under California gun laws
- the gun was stolen
- the gun is unregistered
- the person carrying the gun is a member of an active street gang
If at that place are aggravating factors, possession of a gun (either loaded or unloaded) in public may be a felony criminal offence involving jail time.
California Concealed Carry Laws
In California, concealing a gun on your person or in a vehicle that's under your command or direction is illegal. It's besides illegal to cause another person to conceal a gun in a vehicle that you're riding in. Conveying a curtained weapon may exist charged equally a misdemeanor with fines and up to a year of jail time, but it may also exist charged as a felony if there are whatsoever of the aggravating factors listed above. Cal. Pen. Code § 25400.
Nether certain circumstances, you may exist able to obtain a Curtained Carry Weapon (CCW) license. You'll need to use with your local sheriff's or police department. In order to get the license, you'll need to prove that:
- you lot're "of good moral character"
- yous have skilful cause for wanting a CCW license
- you're a resident or work in that city or county and have done then for a substantial amount of time
- you lot've completed a country-approved training course on firearm rubber and firearm laws.
Cal. Pen Code § 26150(a).
The near difficult part of that process is generally proving that you have good cause for wanting a CCW license; fearing for your personal safety generally does non authorize.
Exceptions
Note that the California gun laws provide for exceptions for certain individuals and uses, including on- and off-duty law enforcement and military personnel. These exceptions may use to the types of firearms you can buy or possess as well as where and how y'all tin can conduct them.
Facing Charges Under California Gun Laws
California takes gun crime seriously and you may end up facing jail time, or at least fines, for even relatively small-scale infractions. There are some defenses, but you'll demand to work with an experienced local attorney to make sure that your rights were respected through the search and arrest process and that you use all bachelor defense to avoid conviction. Remember that yous e'er have the right to an attorney and you cannot exist forced to incriminate yourself to the police.
If you're facing charges under California gun laws, we can help you find an attorney to protect your rights.
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