Unless you are prohibited by law from owning a gun, you may possess a firearm or ammunition (except armor piercing ammo) in the State of California. You may also legally keep a gun within your house or a place of business that you own. You may legally carry the gun from place to place in a locked container. Now let’s look at the California laws regarding guns, and circumstances that make guns illegal to own, possess, carry or use:

A) People who are NOT ALLOWED to carry a firearm, or ammunition include:

1. FELONS, anyone convicted of any felony offense in any jurisdiction,
2. persons who are ADDICTED TO NARCOTICS,
3. persons with two (2) or more convictions under Penal Code 417, California’s law against BRANDISHING A WEAPON,
4. persons convicted of certain misdemeanors: ASSAULT WITH A DEADLY WEAPON, various SEX CRIMES, DOMESTIC VIOLENCE, or CRIMINAL THREATS
5. persons prohibited from possessing a gun by COURT ORDER or as a CONDITION OF PROBATION,
6. persons prohibited by FEDERAL LAW from possessing a gun,
7. persons who suffer from MENTAL ILLNESS, and
8. MINORS (anyone under 18)

1. FELON IN POSSESSION OF A FIREARM

As a general rule, under no circumstance can a convicted felon (under any jurisdiction) possess a firearm. At the same time, the prosecution must prove that the felon knowingly had possession of the firearm in question, if they are charged with possession of a firearm.

2. PEOPLE ADDICTED TO NARCOTICS

If the courts deem a person as a drug addict at the time he or she owned/purchased/received/possessed a firearm, they can be charged. However, the ‘people’ must prove that a person is an addict in order to make the conviction. The court determines if a person is addicted to the use of a narcotic drug if they are:

1. Someone who is emotionally dependent on the drug in the sense that he or she experiences a compulsive need to continue its use,
2. Someone who has developed a tolerance to the drug’s effects and therefore requires larger and more potent doses, AND
3. Someone that has become physically dependent, suffering withdrawal symptoms if he or she is deprived of the drug

3. ANYONE WITH 2 OR MORE CONVICTIONS FOR BRANDISHING A WEAPON

Brandishing a weapon can be either a felony or a misdemeanor, or what is known as a “wobbler”. In either case, 2 convictions of this crime will result in losing your right to bear arms.

4. ANYONE CONVICTED OF ASSAULT WITH DEADLY WEAPON, CERTAIN SEX CRIMES, DOMESTIC VIOLENCE, OR CRIMINAL THREATS

A conviction in ANY ONE of approximately 40 misdemeanor charges will result in a minimum 10 year firearm ban. This is another instance where misdemeanors can result in a person losing their right to bear arms.

5. ANYONE PROHIBITED BY A COURT ORDER OR PROBATION CONDITION

Simply put, if the judge says you cannot own or possess a firearm for any reason, then you have to abide by their ruling.

6. ANYONE PROHIBITED BY FEDERAL LAW FROM POSSESSING A FIREARM

Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition:

• Someone convicted of a crime punishable by imprisonment exceeding one year;
• Someone who is a fugitive from justice;
• Someone who is an unlawful user of or who is addicted to a controlled substance;
• Someone who has been adjudicated as a mental defective or who has been admitted to a mental institution;
• An alien who is unlawfully in the United States or who has been admitted to the United States under a nonimmigrant visa;
• Someone who has been discharged from the Armed Forces under dishonorable conditions;
• Someone who, having been a citizen of the United States, renounces his citizenship;
• Someone subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;
• Someone who has been convicted of a misdemeanor crime of domestic violence.

7. PERSONS SUFFERING FROM MENTAL ILLNESS

Below are a few examples of what might determine a person to be “mentally ill“:

• Someone who has been admitted to a facility and is receiving inpatient treatment for a mental illness, and a mental health professional is of the opinion that the patient is a danger to themselves or others.
• Someone who has communicated to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.
• Someone adjudicated to be a danger to others as a result of a mental disorder.
• Someone found not guilty by reason of insanity.
• Someone found mentally incompetent to stand trial.
• Someone 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.
• Someone taken into custody, and placed in a county mental health facility where a professional has assessed that the person cannot be properly served without being detained and evaluated 72 hours or more, and the person is a danger to themselves or others as a result of a mental disorder.
• Someone who has been involuntarily committed for intensive mental health treatment for 14 or more days. This prohibition lasts for five year.
• California law provides a process by which any individual may request a designated county agency to petition a court to order an evaluation to determine whether a person is, as a result of mental disorder, a danger to others, or to him or herself, or is gravely disabled.

8. MINORS UNDER THE AGE OF 18 YEARS OLD

Essentially very straightforward. You must be 18 years old or older to possess or carry a gun in California.

B) Other circumstances where it is ILLEGAL TO CARRY, POSSESS a firearm:

1. Possession or carrying of an illegal firearm, or,
2. Illegally carrying or possession of an otherwise legal firearm,
3. Illegally buying or selling of firearms

1. ILLEGAL FIREARM

California gun laws allow most adults in the state to buy a firearm without a license. However, in order to purchase a handgun, you must possess a valid handgun safety certificate.

2. ILLEGALLY CARRYING FIREARM

There are also laws regarding how to carry a firearm, even when you are allowed to carry one.

If you have the legal right possess a gun, there are several ways to exercise your Second Amendment right to bear arms.

2a) CONCEALED FIREARM PERMIT

Only specific people are allowed to carry a concealed firearm in the State of California.

In California, firearm permits are authorized under Penal Code 26150 and 26155 PC, permits to carry a concealed firearm.14 These licenses entitle you to carry a “pistol, revolver, or other firearm capable of being concealed upon your person”. The permits are issued by your local sheriff or chief of police department. They require a showing that:

• You are of good moral character,
• Good cause exists for issuance of the license,
• You are a resident of that city, and
• You have completed a prescribed course of firearms training.15

If you receive a permit to carry a concealed firearm, you may legally carry a loaded, concealed gun. However, you must comply with the terms and conditions outlined in your permit.

2b) TRANSPORTING OF FIREARMS

The basic rule here is very simple when transporting guns from one place to the next, as in from your home to a business. The firearm must be unloaded and kept in the trunk or in a locked container. The locked container must NOT be a compartment in the passenger area of the car such as a glove-box. Ammunition may be next to the gun, but not in it.

3. SELLING AND BUYING OF FIREARMS

Dealers may not sell any new handgun unless it is listed in the state Department of Justice roster of handguns certified for sale.

The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer electronically submits the application to the California Department of Justice (DOJ), which performs a background check on the buyer. The approved application is valid for 30 days. There is a 10-day waiting period for the delivery of any firearm. The buyer must pick up the firearm within 30 days of the original submission of paperwork (if approved), or he or she will have to have a dealer resubmit the paperwork and another 10-day waiting period starts.

Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form.

C) We also handle cases where a firearm is involved while committing a crime. There are important laws to note pertaining to crimes committed with a firearm:

If you are accused of using a firearm during a crime, such as burglary, robbery or assault, 10-20-LIFE GUN LAWS will apply. Simply put, CA Penal Code 12022.53[1] is used to enhance state prison sentences when using a gun while committing a serious felony. A very simple rule of thumb goes as follows:

• An additional 10-year sentence for using a gun
• An additional 20-year sentence for firing a gun
• An additional 25-years-to-life sentence for killing someone or causing serious bodily injury

The serious felonies that CA Penal Code 12022.53 pertains to are:

• Murder – CA Penal Code 187
• Mayhem laws – CA Penal Codes 203 and 205
• Kidnapping – CA Penal Codes 207, 209, and 209.5
• Robbery – CA Penal Code 211
• Some California sex crimes

Furthermore, if convicted of CA Penal Code 12022.53 you will go prison. A conviction of this penal code does not offer probation.

A 10-year enhancement for using a firearm is basically the same crime as Brandishing a Weapon, CA Penal Code 417 – for a full understanding of the what using a weapon entails read the Prosecuting CA Penal Code 417.

A 20-year enhancement requires that you fired, or discharged, the gun. Simply put, if during the execution of a serious felony you fired a gun you will receive 20-years in a state prison.

A 25-years-to-life sentence enhancement requires that you discharge the gun and cause the victim great bodily injury or death. What’s interesting is that the serious bodily injury or death does not need to be caused by the bullet itself, only that the gunshot caused the injury.

D) In order to be convicted, the prosecutor must prove beyond a reasonable doubt:

• That you owned, purchased, received, or possessed a firearm,
• That you knew you were in possession of the firearm

In addition, the prosecution must prove that you can be categorized into at least one of the following:

• You have a prior felony or misdemeanor conviction that prohibits you from lawfully owning a firearm,
• You have a federal conviction that would have been punished as a felony offense under California law,
• You are addicted to any narcotic drug,
• You have a mental illness that prohibits you from possessing a firearm,
• You are under the age of 18 years

OR

• That the firearm was illegal,
• That you were illegally carrying a legal firearm

OR

• That a firearm was used to commit a crime

It is important to note that the law does not require you to be ‘holding the firearm’ to be convicted. It requires that you have access to a firearm or that you have the right to control it.

DISCLAIMER:

This website is specific to general guidelines pertaining to criminal justice, criminal defense, gun crimes, California firearm laws, violent crimes, white collar crimes, or other legal criminal defense. Any information set forth in this site should not be construed to be formal legal advice nor the formation of an attorney-client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ from case to case. Please contact a Criminal Justice Lawyer, Criminal Defense Attorney, Gun Law Attorney, Sex Crime Attorney, Domestic Dispute Lawyer, Violent Crime Attorney, or White Collar Attorney. Nothing herein is intended to nor constitutes a guarantee, warranty or prediction regarding the outcome of your legal matter. Every case is different and outcomes will vary depending on the unique facts and legal issues of your case.