California Firearms Laws
DEFINITIONS
Firearms
The term firearm includes rifles, shotguns, revolvers, pistols, or any other device
designed to be used as a weapon from which a projectile is expelled by the force of any
explosion or other form of combustion. The term firearm includes the frame or receiver
of any such weapon. (Penal Code � 12001.)
For the purposes of sections 12025 and 12031, the term firearm also includes any
rocket, rocket propelled projectile launcher, or similar device containing any explosive
or incendiary material whether or not the device is designed for emergency or distress
signaling purposes. (Penal Code � 12001.)
Handguns
A handgun is any pistol, revolver, or other firearm capable of being concealed upon the
person that has a barrel length of less than 16 inches. The term also applies to any
device that has a barrel length of 16 inches or more which is designed to be
interchanged with a barrel less than 16 inches. (Penal Code � 12001(a).)
Exceptions
The term firearm does not apply to a federally defined �antique� firearm for the purpose
of dealer licensing requirements, sales or loans between private parties, or requirements
to obtain a Handgun Safety Certificate pursuant to Penal Code sections 12070, 12071,
subdivisions (b) (c) or (d) of 12072, or 12073. The term firearm does not apply to
federally defined �curio� or �relic� long guns over 50 years old for the purpose of
transfers between private parties. (Penal Code �� 12001(e), 12078(t)(2).)
1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
It is unlawful for any person to own, possess, lend, manufacture, import, sell, or offer to
sell any short-barreled shotgun or short-barreled rifle, any firearm that is not
immediately recognizable as a firearm, any camouflaging firearm container, any
cane or wallet gun, any undetectable firearm, any ammunition that contains or
consists of a flechette dart, any bullet that contains or carries an explosive agent,
any zip gun, any unconventional pistol, any multiburst trigger activator, any
nunchaku, any metal knuckles, any belt buckle knife, any leaded cane, any lipstick
case knife, any cane sword, any shobi-zue, any air gauge knife, any ballistic knife,
any shuriken, any writing pen knife, and any metal military practice handgrenade
or metal replica handgrenade. It is unlawful for any person to carry a concealed dirk
or dagger. (Penal Code �� 12001.5, 12020(a)(1).)
It is unlawful for any person to commercially manufacture or cause to be commercially
manufactured, or knowingly import into the state for commercial sale, keep for
commercial sale, or offer or expose for commercial sale, any hard plastic knuckles.
(Penal Code � 12020.1.)
It is unlawful for any person to manufacture, cause to be manufactured, import into the
state, keep for sale, or offer or expose for sale, or give or lend, any large-capacity
magazine. (Penal Code � 12020(a)(2).)
A short-barreled shotgun means a firearm designed or redesigned to fire a fixed
shotgun shell that has a barrel or barrels of less than 18 inches in length or an overall
length of less than 26 inches; any weapon made from a shotgun which meets the barrel
length or overall length criteria; any device which may be restored to fire a fixed
shotgun shell and which meets the barrel length or overall length criteria; or any part or
combination of parts designed and intended to convert a device into a short-barreled
shotgun or which would permit an individual to readily assemble a short-barreled
shotgun. (Penal Code � 12020(c)(1).)
A short-barreled rifle means a rifle having a barrel length of less than 16 inches or an
overall length of less than 26 inches; any weapon made from a rifle which meets the
barrel length or overall length criteria; any device which may be restored to fire a fixed
cartridge and which meets the barrel length or overall length criteria; or any part or
combination of parts designed and intended to convert a device into a short-barreled
rifle or which would permit an individual to readily assemble a short-barreled rifle.
(Penal Code � 12020(c)(2).)
A camouflaging firearm container means a container designed to enclose a firearm,
making it unrecognizable, and is capable of being fired by external controls while
enclosed in the container. The term excludes camouflage gear used in hunting. (Penal
Code � 12020(c)(9).)
A cane gun means any firearm mounted or enclosed in a stick, staff, rod, crutch, or
similar device designed to be, or capable of being used as an aid in walking, if such
firearm may be fired while mounted or enclosed therein. (Penal Code � 12020(c)(5).)
A wallet gun means any firearm mounted or enclosed in a case resembling a wallet,
designed to be, or capable of being carried in a pocket or purse, if such firearm may be
fired while mounted or enclosed in such case. (Penal Code � 12020(c)(4).)
An undetectable firearm means any weapon (after grips, stocks and magazines are
removed) which is less detectable than the security test devices which are used to
calibrate and set walk-through metal detectors; or a weapon which has a major
component made of barium sulfate or other compounds which do not generate an image
accurately depicting the component on the x-ray machines commonly used at airports.
(Penal Code � 12020(c)(22).)
A flechette dart means a dart one inch in length that is capable of being fired from a
firearm and has tail fins that take up approximately five-sixteenths of an inch of the
body. (Penal Code � 12020(c)(6).)
A zip gun means a weapon or device made or altered to expel a projectile by the force of
an explosion or other form of combustion which was not imported by a person licensed
pursuant to federal law, not designed as a firearm by a manufacturer licensed pursuant to federal law and on which no federal tax was paid nor exemption from federal tax
granted. (Penal Code � 12020(c)(10).)
An unconventional pistol means a firearm that does not have a rifled bore and has a
barrel or barrels less than 18 inches in length and an overall length of less than 26
inches. (Penal Code � 12020(c)(12).)
A multiburst trigger activator means a device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or more shots in a
burst by activating the device, or a manual or power-driven trigger activating device
constructed so that when attached to a semiautomatic firearm it increases the rate of fire
of that firearm. (Penal Code � 12020(c)(23).)
The term bullet containing or carrying an explosive agent does not include tracer
ammunition manufactured for use in shotguns. (Penal Code � 12020(b)(6).)
A dirk or dagger means a knife or other instrument with or without a handguard that is
capable of ready use as a stabbing weapon that may inflict great bodily injury. A
nonlocking folding knife, a folding knife not prohibited by section 653k, or a
pocketknife, is considered a dirk or dagger only if the blade of the knife is exposed and
locked into position. (Penal Code � 12020(c)(24).)
A nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods to
be used as handles, connected by a rope, cord, wire, or chain. (Penal Code
� 12020(c)(3).)
A metal knuckle means a device or instrument made wholly or partially of metal to be
worn in or on the hand while striking a blow to increase the force of the impact. (Penal
Code � 12020(c)(7).)
The term hard plastic knuckles means any device or instrument made wholly or
partially of plastic that is not a metal knuckle as defined in paragraph (7) of subdivision
(c) of Section 12020, that is worn for purposes of offense or defense in or on the hand,
and that either protects the wearer's hand while striking a blow or increases the force of
impact from the blow or injury to the individual receiving the blow. The plastic
contained in the device may help support the hand or fist, provide a shield to protect it,
or consist of projections or studs that would contact the individual receiving a blow.
(Penal Code � 12020.1.)
A ballistic knife means a device that propels a knifelike blade as a projectile by means
of a coil spring, elastic material, or compressed gas. (Penal Code � 12020(c)(8).)
A shuriken means an instrument without handles consisting of metal having three or
more radiating points with one or more sharp edges, used as a weapon for throwing.
(Penal Code � 12020(c)(11).)
A belt buckle knife means a knife which is an integral part of a belt buckle and has a
blade of a least 2-1/2 inches in length. (Penal Code � 12020(c)(13).)
A lipstick case knife means a knife enclosed within and made an integral part of a
lipstick case. (Penal Code � 12020(c)(14).)
A cane sword means a cane, stick, staff, rod, pole, or similar device having a concealed
blade that may be used as a sword. (Penal Code � 12020(c)(15).)
A shobi-zue means a staff, crutch, rod, or pole concealing a knife or blade which may be
exposed by a flip of the wrist or mechanical action. (Penal Code � 12020(c)(16).)
A leaded cane means a staff, crutch, stock, rod, pole or similar device unnaturally
weighted with lead. (Penal Code � 12020(c)(17).)
An air gauge knife means a device that appears to be an air gauge, but has a concealed
pointed metallic shaft designed to be a stabbing instrument when exposed by
mechanical action or gravity, and locks into place when extended. (Penal Code �
12020(c)(18).)
A writing pen knife means a device that appears to be a writing pen, but has a concealed
pointed metallic shaft designed to be a stabbing instrument when exposed by
mechanical action or gravity, and locks into place when extended. (Penal Code �
12020(c)(19).)
A metal military practice handgrenade or metal replica handgrenade means a device
that is readily usable as a grenade or may be easily modified for ready use as a grenade,
and does not include any plastic toy handgrenade or any metal military practice
handgrenade that is a relic, curio, memorabilia, or display item that has been filled with
a permanent inert substance or has otherwise been permanently altered in a manner that prevents ready modification for use as a grenade. (Penal Code �� 12020(a),
12020(b)(15).)
A large capacity magazine means any ammunition feeding device with the capacity to
accept more than 10 rounds, but shall not be construed to include a feeding device that
has been permanently altered so that it cannot accommodate more than 10 rounds, a
tubular magazine that is contained in a lever-action firearm, or a .22 caliber tube
ammunition feeding device. (Penal Code � 12020(c)(25).)
Exceptions
The general prohibition in this section does not apply to any instrument, ammunition,
weapon, or device other than a short-barreled rifle or short-barreled shotgun that is
found and possessed by a person who is not prohibited by law from possessing firearms
or ammunition and who possessed the instrument, ammunition, weapon, or device no
longer than was necessary to transport it to a law enforcement agency for disposition
according to law.
In the case of a firearm, prior notice must be given to the law enforcement agency prior
to transporting it to that agency for disposition, and the firearm must be transported
unloaded and in a locked container, as defined by Penal Code section 12026.2(d).
(Penal Code �� 12020(b)(15) and (16).)
The general prohibition in this section does not include antique firearms. An antique
firearm is defined as any firearm that was manufactured in or before 1898 and is not
designed or redesigned to use rimfire or conventional center fire ignition with fixed
ammunition. This includes any matchlock, flintlock, percussion cap, or similar type of
ignition system or replica thereof, regardless of the date of manufacture. Firearms
manufactured in or before 1898 that use fixed ammunition which is no longer
manufactured in the United States and is not readily available in the ordinary channels
of commercial trade are also considered antiques. (Penal Code � 12020(b)(5).)
This general prohibition also does not include any firearm or ammunition that is a curio
or relic as defined in section 478.11 of Title 27 of the Code of Federal Regulations and
is in the possession of a person permitted to possess such items pursuant to Chapter 44
(commencing with section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto. (Penal Code � 12020(b)(7).)
Machineguns
It is unlawful for any person to sell, offer for sale, possess, or knowingly transport any
machinegun. (Penal Code � 12220.)
The term machinegun means any weapon that shoots or is designed to shoot more than
one shot automatically (without manual reloading) by a single function of the trigger.
The term also includes any frame or receiver of a machinegun and any part or
combination of parts designed and intended for use in converting an otherwise legal
weapon into a machinegun. The term also includes any weapon deemed by the federal
Bureau of Alcohol, Tobacco, Firearms, and Explosives as readily convertible to a
machinegun under Chapter 53 (commencing with section 5801) of Title 26 of the
United States Code. (Penal Code � 12200.)
These prohibitions do not apply to (a) persons having a permit or license issued by the
California Department of Justice to possess, transport, or sell machineguns (Penal Code
�� 12230, 12231, 12233, 12250); or (b) federal or state military or naval forces or law
enforcement officers acting within the scope of their duties. (Penal Code �12201.)
Assault Weapons and .50 BMG Rifles
It is a felony for any person to manufacture, distribute, transport, import into California,
or keep or offer for sale, or give or lend, an assault weapon or .50 BMG rifle. (Penal
Code � 12280.)
Any person who lawfully possesses an assault weapon must have registered it as such
with the Department of Justice. Any person who lawfully possessed a .50 BMG rifle as
of January 1, 2005 must register it with the Department of Justice by April 30, 2006.
(Penal Code � 12285.)
The term assault weapon means the following designated semiautomatic firearms as
defined by Penal Code section 12276:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc, sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc, sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc, M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc, SS/12.
(d) Any firearm declared by the court pursuant to section 12276.5 to be an assault
weapon that is specified as an assault weapon in a list promulgated pursuant to
section 12276.5.
(e) The term �series� includes all other models that are only variations, with minor
differences, of those models listed in subdivision (a), regardless of the
manufacturer.
(f) This section is declaratory of existing law, as amended, and a clarification of the
law and the Legislature�s intent which bans the weapons enumerated in this
section, the weapons included in the list promulgated by the Attorney General
pursuant to section 12276.5, and any other models which are only variations of
those weapons with minor differences, regardless of the manufacturer. The
Legislature has defined assault weapons as the types, series, and models listed in
this section because it was the most effective way to identify and restrict a specific
class of semiautomatic weapons.
The term �assault weapon� also means any firearm that falls under one of the following
definitions pursuant to Penal Code section 12276.1:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable
magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to
accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and
any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip,
or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that
allows the bearer to fire the weapon without burning his or her hand, except a slide
that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the
pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more
than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon,
thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
The following definitions shall apply relative to defining assault weapons:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of
accommodating more than 10 rounds, but shall not be construed to include a feeding
device that has been permanently altered so that it cannot accommodate more than 10
rounds.
(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.
Possession, Transport, Sale, and Manufacture of Assault Weapons and .50 BMG
Rifles
A person may not possess or transport an assault weapon or .50 BMG rifle, as defined,
unless the weapon has been registered as an assault weapon or .50 BMG rifle with the
Department of Justice, or the person has obtained a permit for that weapon from the
Department. (Penal Code �� 12276, 12280, 12285, 12286.)
A lawfully possessed assault weapon or .50 BMG rifle may be transported for any lawful
purpose if it is unloaded and either securely locked in the trunk of a vehicle or in a locked
container carried inside the vehicle other than the utility or glove compartment. (Penal
Code �� 12280(m), 12285(c)(7), 12026.1.)
A person in lawful possession of an assault weapon or .50 BMG rifle may sell it only to a
properly licensed firearms dealer who has been issued an assault weapon or .50 BMG rifle
permit by the Department of Justice or may elect to relinquish the weapon to a police or
sheriff�s department. (Penal Code �� 12285, 12288.)
The Department of Justice may issue permits for the manufacture of assault weapons or .50
BMG rifles to federally licensed manufacturers of firearms for sale to law enforcement
agencies, persons having permits to acquire assault weapons or .50 BMG rifles, persons out
of state who have federal firearm dealer licenses entitling them to sell these weapons to
federal law enforcement and military agencies, and law enforcement or military agencies in
other states and, for sale to foreign governments and agencies approved by the U.S. State
Department. (Penal Code � 12287.)
Armor-Piercing Bullets
It is unlawful for any person to manufacture, sell, or knowingly possess or transport
handgun ammunition designed primarily to penetrate metal or armor. (Penal Code
�� 12320, 12321.)
Handgun ammunition means ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person, as defined in subdivision (a) of
section 12001, notwithstanding that the ammunition may also be used in some rifles.
(Penal Code � 12323(a).)
Handgun ammunition designed primarily to penetrate metal or armor means any
ammunition, except a shotgun shell or ammunition primarily designed for use in rifles, that
is designed primarily to penetrate a body vest or body shield. (Penal Code � 12323(b).)
Body vest or shield means any bullet-resistant material intended to provide ballistic and
trauma protection for the wearer or holder. (Penal Code � 12323(c).)
Exceptions
The prohibition against possessing, manufacturing, etc., armor piercing ammunition does
not apply to the following (Penal Code � 12322):
� Specified members of the military while on duty and engaged within the scope of
their duties.
� Any police agency or forensic laboratory.
� Persons who hold valid permits issued pursuant to Penal Code section 12305.
� The possession of handgun ammunition designed primarily to penetrate metal or
armor by a person who found the ammunition, if he or she is not prohibited from
possessing firearms or ammunition pursuant to section 12021, 12021.1 or paragraph
(1) of subdivision (b) of section 12316 of this code or section 8100 or 8103 of the
Welfare and Institutions Code and is transporting the ammunition to a law
enforcement agency for disposition according to law.
Larger Caliber Weapons and Tracer Ammunition
It is unlawful to possess any of the following:
� Any projectile containing any explosive, 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.
� Any bomb, grenade, explosive missile, or similar device or any launching device
therefor.
� Any weapon of greater than .60-caliber that fires fixed ammunition, or any ammunition therefor, other than a shotgun or shotgun ammunition.
� Any rocket, rocket-propelled projectile, or similar device of a diameter greater than
0.60 inch, or any launching device therefor, and any projectile or similar device
containing any explosive or incendiary material or any other chemical substance,
other than the propellant for such device, except for devices designed primarily for
emergency or distress signaling purposes. (Penal Code �� 12301, 12303.)
These prohibitions do not apply to specified members of the military, peace officers listed
in Penal Code sections 830.1 or 830.2, any peace officer in the Department of Justice
authorized by the Attorney General, or firefighters while on duty and acting within the
scope and course of their employment, or to persons having a permit issued by the
California Department of Justice. (Penal Code �� 12302, 12305.)
Firearm Silencers
A silencer is defined as a device designed, used, or intended for use in silencing,
diminishing or muffling the report of a firearm including any combination of parts
designed or redesigned and intended for use in fabricating or assembling a silencer, or any
part intended only for use in assembling or fabricating a silencer. (Penal Code � 12500.)
It is a felony for any person, firm, or corporation within this state to possess any silencer
for firearms. This prohibition does not apply to any peace officer listed in Penal Code
section 830.1, or to military or naval forces of this state or of the United States in the
official discharge of their duties, nor does it apply to the manufacture, possession,
transportation or sale to agencies listed in Penal Code section 830.1, or to military or naval
forces of this state or of the United States by dealers registered under Chapter 53,
commencing with section 5801 of Title 26 of the United States Code. (Penal Code ��
12520, 12501.)
Sniperscopes
A sniperscope is defined as a device made or adapted for use on a firearm, that enables the
operator to detect objects during nighttime through the use of a projected infrared light
source and an electronic telescope. (Penal Code � 468.)
Any person who buys, sells, receives, disposes of, conceals, or possesses a sniperscope is
guilty of a misdemeanor. This prohibition does not apply to authorized use or possession
of sniperscopes by members of the armed forces or peace officers, and does not prohibit
use or possession solely for scientific research or educational purposes. (Penal Code
� 468.)
Boobytraps
Boobytraps are concealed or camouflaged devices designed to cause great bodily injury
when triggered by an unsuspecting person. They include guns, ammunition, or explosives
attached to trip wires, sharpened stakes, and lines or wires with hooks attached. It is
unlawful to possess such devices with the intent to use them as boobytraps and anyone who
assembles, maintains, places, or causes such devices to be placed is guilty of a felony.
(Penal Code � 12355.)
Flamethrowing Devices
A flamethrowing device means any nonstationary and transportable device designed or
intended to emit or propel a burning stream of combustible or flammable liquid a distance
of at least 10 feet. Possession of a flamethrower is either a misdemeanor or a felony,
depending on the circumstances under which it is possessed. (Health and Safety
Code � 12761).
2. PERSONS INELIGIBLE TO POSSESS FIREARMS AND AMMUNITION
Persons Convicted of Felonies or Other Specified Crimes
Any person who (a) has been convicted of a felony under the laws of the United States, the
State of California, or any other state, government, or country, or (b) is addicted to any
narcotic drug may not own or have in his or her possession, custody, or control any
firearm. (Penal Code � 12021(a).)
It is unlawful for any person who is prohibited from possessing firearms, to possess
ammunition. (Penal Code � 12316(b).)
A felony conviction refers to a conviction of an offense that can only result in felony
punishment under California law, or any sentence to a federal correctional facility for more
than 30 days, or a fine of more than $1,000, or both. (Penal Code � 12021(f).)
Any person convicted of any of the following crimes specified in Penal Code sections
12001.6 and 12021.1, whether as a felony or misdemeanor, may not lawfully possess or
have under his or her custody or control any firearm:
� Murder or voluntary manslaughter.
� Mayhem.
� Rape.
� Sodomy or oral copulation by force, violence, duress, menace, or threat of great
bodily harm.
� Lewd acts on a child under the age of 14.
� Any felony punishable by death or imprisonment in the state prison for life.
� Any other felony in which the defendant inflicts great bodily injury on any person,
other than an accomplice, that has been charged and proven, or any felony in which
the defendant uses a firearm which has been charged and proven.
� Attempted murder.
� Assault with intent to commit rape or robbery.
� Assault with a deadly weapon or instrument on a peace officer.
� Assault by a life prisoner on a non-inmate.
� Assault with a deadly weapon by an inmate.
� Arson.
� Exploding a destructive device or any explosive with intent to injure or murder.
� Exploding a destructive device or any explosive causing great bodily injury.
� Robbery.
� Kidnapping.
� Taking of a hostage by a state prison inmate.
� Attempting to commit a felony punishable by death or imprisonment in the state
prison for life.
� Any felony in which the defendant personally used a dangerous or deadly weapon.
� Escape from a state prison by use of force or violence.
� Assault with a deadly weapon or force likely to produce great bodily injury.
� Any attempt to commit any of the above crimes other than an assault.
� Assault upon a person with a firearm.
� Shooting at an inhabited dwelling house or occupied building.
NOTE: This offense is committed even though no person was actually inside the
specified structure at the time of the shooting.
� Drawing, exhibiting, or unlawfully using any handgun or firearm in a rude, angry,
or threatening manner in the presence of a peace officer regardless of whether the
firearm is loaded.
� Carjacking.
� Two or more convictions for drawing, or exhibiting, any firearm in a rude, angry, or
threatening manner in the presence of another regardless of whether the firearm is
loaded.
Persons Convicted of Misdemeanor Violations of Specified Offenses
Any person convicted of a misdemeanor violation for one or more of the following
offenses is prohibited from owning, possessing or having under his or her custody or
control any firearm within 10 years of the conviction (Penal Code � 12021(c)(1)):
� Threatening public officers and employees and school officials. (Penal Code � 71.)
� Threatening certain public officials, appointees, judges, staff or their immediate
families. (Penal Code � 76.)
� Possession of a deadly weapon with intent to commit an assault (Penal
Code � 12024.)
� Possession of a deadly weapon with the intent to intimidate a witness. (Penal Code
� 136.5.)
� Unauthorized possession/transportation of a machinegun. (Penal Code � 12220.)
� Threatening witnesses, victims, or informants. (Penal Code � 140.)
� Obstructing or delaying an officer or emergency medical technician and removing
or attempting to remove a firearm from these individuals. (Penal Code � 148(d).)
� Unauthorized possession of a weapon in a courtroom, courthouse or court building,
or at a public meeting. (Penal Code � 171b.)
� Bringing into or possessing a loaded firearm within the state capitol, legislative
offices, etc. (Penal Code � 171c.)
� Taking into or possessing loaded firearms within the Governor�s Mansion or
residence or other constitutional office, etc. (Penal Code � 171d.)
� Supplying firearms to any street gang member for use in street gang activity. (Penal
Code � 186.28.)
� Assault. (Penal Code �� 240, 241.)
� Battery. (Penal Code �� 242, 243.)
� Assault with a stun gun or taser weapon. (Penal Code � 244.5.)
� Assault with a deadly weapon or force likely to cause great bodily injury. (Penal
Code � 245.)
� Assault with a deadly weapon or instrument, by any means likely to produce great
bodily injury, or with a stun gun or taser, on a school employee engaged in the
performance of duties. (Penal Code � 245.5.)
� Discharging a firearm in a grossly negligent manner. (Penal Code � 246.3.)
� Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or
dwelling house. (Penal Code � 247.)
� Drawing or exhibiting any deadly weapon, including a firearm, in a rude or
threatening manner. (Penal Code � 417.)
� Drawing or exhibiting a firearm or other deadly weapon with the intentional
infliction of serious bodily injury. (Penal Code � 417.6.)
� Bringing into or possessing firearms upon or within public or private schools,
playgrounds and youth centers. (Penal Code � 626.9.)
� Willful infliction of corporal injury of a spouse or cohabitant. (Penal Code
� 273.5.)
� Willful violation of a court order to prevent domestic violence. (Penal Code
� 273.6.)
� Stalking. (Penal Code � 646.9.)
� Carrying a loaded firearm with the intent to commit a felony. (Penal Code
� 12023.)
� Driver or owner of any vehicle who knowingly permits another person to discharge
a firearm from the vehicle or any person who willfully and maliciously discharges a
firearm from a motor vehicle. (Penal Code �� 12034(b) and (d).)
� Criminal possession of a firearm. (Penal Code � 12040.)
� Selling a concealable firearm to a minor. (Penal Code � 12072(b).)
� Possessing handgun ammunition designed to penetrate metal or armor. (Penal Code
� 12320.)
� Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace
officer uniform while picketing, carrying a concealed loaded weapon, or wearing a
peace officer uniform. (Penal Code � 12590.)
� Possession of a firearm by a person ineligible to possess firearms because of his or
her mental history. (Welfare and Institutions Code � 8100).
� Providing a firearm or deadly weapon to a person who is prohibited from possessing
firearms because of his or her mental history. (Welfare and Institutions Code �
8101).
� Possession of a firearm by a person ineligible to possess firearms because of
specific mental prohibitions. (Welfare and Institutions Code � 8103).
� Bringing or sending firearms or other contraband into a juvenile detention facility.
(Welfare and Institutions Code � 871.5)
� Bringing or sending firearms or other contraband into youth authority institutions.
(Welfare and Institutions Code � 1001.5.)
� Violating Penal Code section 12072 involving sales and transfers of firearms,
including:
- selling or furnishing a firearm to any person whom the individual has reason to
believe is within a prohibited class;
- selling or furnishing a handgun to a minor;
- selling or transferring a firearm without having the transaction processed through
a licensed dealer or law enforcement agency;
- committing any act of collusion relating to a Handgun Safety Certificate.
� Intimidating a witness or victim. (Penal Code � 136.1.)
� Threatening to cause death or great bodily injury to another person. (Penal
Code � 422)
- selling or furnishing a firearm to any person whom the seller knows, or has cause
to believe, is not intended to be the actual purchaser or transferee;
- acquiring a firearm for the purpose of providing it to a prohibited individual;
Persons Prohibited From Possession, Purchase of Firearms As a Condition of
Probation
Any person convicted of any crime for which the express condition of probation prohibits
or restricts the possession of firearms may not lawfully own, possess, control, receive or
purchase a firearm for the duration of the probation. (Penal Code � 12021(d).)
Persons Subject to a Protective Order
Persons who are subject to a protective order issued by a court pursuant to section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of the Penal
Code, or by a protective order issued pursuant to Section 15657.03 of the Welfare and
Institutions Code, may not own, possess, purchase, or receive a firearm for the duration of
the order. (Penal Code � 12021(g).) This includes any of the following restraining orders,
whether issued ex parte, after notice and hearing, or in a judgment:
� A court-issued order enjoining a party from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning, destroying
personal property, contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the other party.
(Family Code � 6320.)
� A court-issued order to exclude a party from the family dwelling, the dwelling of
the other party, the common dwelling of both parties, or the dwelling of the person
who has care, custody, and control of a child to be protected from domestic
violence. (Family Code � 6321.)
� A court-issued order enjoining a party from other specified behaviors as determined
by that court. (Family Code � 6322.)
� A court-issued order enjoining a party from abusing, intimidating, molesting,
attacking, striking, stalking, threatening, sexually assaulting, battering, harassing,
telephoning, destroying personal property, contacting, or coming within a specified
distance of , and elder or dependent adult. (Welfare and Institutions Code
� 15657.03.)
The court, upon issuance of a protective order shall additionally require the respondent to
sell any firearms in that person's control to a licensed firearms dealer or relinquish them for
the duration of the protective order. (Family Code � 6389(c).)
Persons Subject to a Temporary Restraining Order
Persons who are subject to a temporary restraining order issued pursuant to section 527.6
or 527.8 of the Civil Code for harassing behavior may not own, possess, purchase or
receive a firearm for the duration of the order. (Penal Code � 12021(g).)
Persons Subject to Juvenile Court Law
Any person subject to juvenile court law and adjudged a ward of the juvenile court within
the meaning of Section 602 of the Welfare and Institutions Code for any of the following
offenses, shall not own, possess, or have under his or her custody or control any firearm
until reaching 30 years of age (Penal Code � 12021(e)):
� Murder.
� Arson that causes great bodily injury or arson of an inhabited structure or property.
(Penal Code �� 451(a) and (b).)
� Robbery while armed with a dangerous or deadly weapon.
� Rape with force or violence or threat of great bodily harm.
� Sodomy by force, violence, duress, menace, or threat of great bodily harm.
� Lewd or lascivious act on a child under the age of 14. (Penal Code � 288(b).)
� Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
� Sexual assault with a foreign object. (Penal Code � 289.)
� Kidnapping for ransom.
� Kidnapping for purpose of robbery, rape, spousal rape, etc. (Penal Code
� 209(b)(1).)
� Kidnapping with bodily harm.
� Assault with intent to murder or attempted murder.
� Assault with a firearm or destructive device.
� Assault by any means of force likely to produce great bodily injury.
� Discharge of a firearm into an inhabited or occupied building.
� Specified crimes against persons 60 years of age or older, blind persons,
paraplegics, or quadriplegics as described in Penal Code section 1203.09.
� Use of a firearm in the commission or attempted commission of a felony; discharge
of a firearm at an occupied motor vehicle causing great bodily injury or death; use
of a firearm to commit the controlled substances violations described in Penal Code
sections 12022.5 or 12022.53.
� Any felony offense in which the minor personally used a weapon described in Penal Code section 12020(a).
� Felony intimidation of a witness and victim as described in Penal Code section
136.1 or influencing the testimony or information given to a law enforcement
official as described in Penal Code section 137.
� Manufacturing, compounding, or selling one-half ounce or more of any salt or
solution of a controlled substance specified in Health and Safety Code section
11055(e).
� Possessing for sale, or selling a substance containing 28.5 grams or more of cocaine
as specified in Penal Code section 1203.073.
� Any of the specified violent felonies listed in Penal Code section 667.5(c)
committed for the benefit, direction, or association with any criminal street gang as
described in Penal Code section 186.22(b).
� Intentionally inflicting great bodily injury on an employee of a juvenile facility
during an escape by the use of force or violence in violation of Welfare and
Institutions Code section 871(b).
� Torture as described in Penal Code sections 206 and 206.1.
� Aggravated mayhem as described in Penal Code section 205.
� Carjacking as described in Penal Code section 215 while armed with a dangerous or
deadly weapon.
� Kidnapping as punishable in Penal Code section 209.5.
� Willfully and maliciously discharging a firearm from a motor vehicle at another
person other than an occupant of a motor vehicle.
� Exploding, igniting, or attempting to explode or ignite any destructive device or
explosive with intent to commit murder.
� Any of the offenses listed in Penal Code section 12021(c)(1).
� Carrying a concealed handgun. (Penal Code � 12025).
� Carrying a loaded handgun. (Penal Code � 12031).
� Allowing another to transport a loaded handgun in a vehicle. (Penal Code � 12034).
Mental Patients, Mentally Disordered Sex Offenders, Persons Adjudicated a Danger
to Others, Persons Incompetent to Stand Trial, Gravely Disabled Conservatees, and
Persons Taken Into Custody as a Danger to Self or Others Because of a Mental
Disorder
No person who is receiving inpatient treatment because he or she is a danger to self or
others may have in his or her possession or under his or her custody, or control, nor may he
or she purchase or receive, or attempt to purchase or receive, any firearm. This applies
even though the person has consented to the treatment. (Welfare and Institutions Code �
8100.)
No person who communicates to a licensed psychotherapist a serious threat of physical
violence against a victim may purchase, possess, control, or have custody of any firearms
for a period of six months after the threat is reported to a local law enforcement agency.
Attempts to purchase, possess, or control firearms are also prohibited. Persons prohibited
under this section may petition a court for restoration of firearms privileges. (Welfare and
Institutions Code � 8100(b).)
No person adjudicated by a court of any state to be (a) a danger to others as a result of
mental disorder or mental illness, or (b) a mentally disordered sex offender shall have in
his or her possession, custody, or control any firearm. (Welfare and Institutions
Code � 8103(a).)
No person found not guilty by reason of insanity of specified crimes in any state may have
in his or her possession, custody, or control any firearm. (Welfare and Institutions
Code � 8103(b).)
No person found by a court to be mentally incompetent to stand trial on a criminal charge
shall have in his or her possession, custody, or control any firearm. (Welfare and
Institutions Code � 8103(d).)
No person placed under conservatorship by a court, because the person is gravely disabled,
shall have in his or her possession, custody, or control any firearm, where prohibited by the
court. (Welfare and Institutions Code � 8103(e).)
No person taken into custody, assessed, and admitted to a designated facility pursuant to
Welfare and Institutions Code section 5150 because that person is a danger to himself,
herself, or others shall own, possess, control, receive, or purchase any firearm for a period
of five years after the person is released from the facility. (Welfare and Institutions
Code � 8103(f).)
Under California law, no person who has been certified for intensive treatment pursuant to
Welfare and Institutions Code sections 5250, 5260 or 5270.15 may own, possess, control,
receive, or purchase any firearm for a period of five years after the person is released from
the facility. However, such a person is considered to have been adjudicated as a mental
defective under federal law and therefore may not possess firearms even beyond the fiveyears
provided under California law. (Welfare and Institutions Code � 8103(g), 18 USC
922(g)(4).)
NOTE: Any person who knowingly supplies, sells, gives, or otherwise allows such an
individual to possess or control any firearm or deadly weapon is guilty of a felony or an
alternate felony/misdemeanor, respectively. (Welfare and Institutions Code � 8101.)
Justifiable Possession of a Firearm by Certain Prohibited Classes
Any person found to have committed an offense enumerated in Penal Code section 12021,
subdivisions (a) through (e), is prohibited from owning, possessing, or having under his or
her custody or control, any firearm. A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
� The person found the firearm or took the firearm from the person who was
committing the crime against him or her.
� The person possessed the firearm no longer than was necessary to deliver or
transport the firearm to a law enforcement agency for that agency�s disposition
according to law.
� If the firearm was transported to a law enforcement agency, it was transported in
accordance with paragraph (18) of subdivision (a) of section 12026.2.
� If the firearm is being transported to a law enforcement agency, the person
transporting the firearm has given prior notice to the law enforcement agency that
he or she is transporting the firearm to the law enforcement agency for disposition
according to law.
Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall
determine whether the defendant was acting within the provisions of the exemption created
by this subdivision. The defendant has the burden of proving by a preponderance of the
evidence that he or she comes within the provisions of the exemption created by this
subdivision. (Penal Code � 12021(h).)
Personal Firearms Eligibility Check
Any person may request directly from the Department of Justice a determination as to
whether he or she is eligible to possess firearms.
3. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
The question of whether use of a firearm is justified for self-defense cannot be reduced to a
simple list of factors. This section is based on the instructions generally given to the jury
in a criminal case where self-defense is claimed and illustrates the general rules regarding
use of firearms in self-defense.
Use of a Firearm or Other Deadly Force in Defense of Life and Body
The killing of one person by another may be justifiable when necessary to resist the
attempt to commit a forcible and life-threatening crime, provided that a reasonable person
in the same or similar situation would believe that (a) the person killed intended to commit
a forcible and life-threatening crime; (b) there was imminent danger of such crime being
accomplished; and (c) the person acted under the belief that such force was necessary to
save himself or herself or another from death or a forcible and life-threatening crime.
Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes.
Self-Defense Against Assault
It is lawful for a person being assaulted to defend himself or herself from attack if he or she
has reasonable grounds for believing, and does in fact believe, that he or she will suffer
bodily injury. In doing so, he or she may use such force, up to deadly force, as a
reasonable person in the same or similar circumstances would believe necessary to prevent
great bodily injury or death. An assault with fists does not justify use of a deadly weapon
in self-defense unless the person being assaulted believes, and a reasonable person in the
same or similar circumstances would also believe, that the assault is likely to inflict great
bodily injury.
It is lawful for a person who has grounds for believing, and does in fact believe, that great
bodily injury is about to be inflicted upon another to protect the victim from attack. In so
doing, the person may use such force as reasonably necessary to prevent the injury.
Deadly force is only considered reasonable to prevent great bodily injury or death.
NOTE: The use of excessive force to counter an assault may result in civil or criminal
penalties.
Protecting One�s Home
A person may defend his or her home against anyone who attempts to enter in a violent
manner intending violence to any person in the home. The amount of force that may be used in resisting such entry is limited to that which would appear necessary to a reasonable
person in the same or similar circumstances to resist the violent entry. One is not bound to
retreat, even though a retreat might safely be made. One may resist force with force,
increasing it in proportion to the intruder�s persistence and violence, if the circumstances
apparent to the occupant would cause a reasonable person in the same or similar situation
to fear for his or her safety.
The occupant may use a firearm when resisting the intruder�s attempt to commit a forcible
and life-threatening crime against anyone in the home provided that a reasonable person in
the same or similar situation would believe that (a) the intruder intends to commit a
forcible and life-threatening crime; (b) there is imminent danger of such crime being
accomplished; and (c) the occupant acts under the belief that use of a firearm is necessary
to save himself or herself or another from death or great bodily injury. Murder, mayhem,
rape, and robbery are examples of forcible and life-threatening crimes.
Any person using force intended or likely to cause death or great bodily injury within his
or her residence shall be presumed to have held a reasonable fear of imminent peril of
death or great bodily injury to self, family, or a member of the household when that force
is used against another person, not a member of the family or household, who unlawfully
and forcibly enters or has unlawfully and forcibly entered the residence and the person
using the force knew or had reason to believe that an unlawful and forcible entry had
occurred. Great bodily injury means a significant or substantial physical injury. (Penal
Code � 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be
criminally liable for an unlawful assault or homicide.
Defense of Property
The lawful occupant of real property has the right to request a trespasser to leave the
premises. If the trespasser does not do so within a reasonable time, the occupant may use
force to eject the trespasser.
The amount of force that may be used to eject a trespasser is limited to that which a
reasonable person would believe to be necessary under the same or similar circumstances.
Limitations on the Use of Force in Self-Defense
The right of self-defense ceases when there is no further danger from an assailant. Thus,
where a person attacked under circumstances initially justifying self-defense renders the
attacker incapable of inflicting further injuries, the law of self-defense ceases and no
further force may be used.
The right of self-defense is not initially available to a person who assaults another.
However, if such person attempts to stop further combat and clearly informs the adversary
of his or her desire for peace but the opponent nevertheless continues the fight, the right of
self-defense returns and is the same as the right of any other person being assaulted.