Everyone is familiar with the Second Amendment and the right to bear arms. However, far fewer people know the specifics of what this law, along with other federal and state laws concerning gun ownership really means. While the majority of people in the United States have the right to own a gun, the purchase of these weapons must follow a set of processes in order to be legal.
If you are looking to purchase a firearm, it is critical that you follow all laws when doing so. Otherwise, you could inadvertently find yourself on the wrong side of the law when all you ever wanted was to assert your right to gun ownership. Our Burbank criminal defense lawyers at the Simmrin Law Group can help you avoid penalties and purchase a gun legally in California.
Determining Your Eligibility to Buy a Gun in California
Before you ever go to a gun shop, there are several steps you should take at home when you are considering buying a gun. You must first determine whether you meet the eligibility requirements for gun ownership. Some things to review if you are hoping to purchase a firearm in California include:
- Your age
- Your criminal record
- Your residency status
- Other circumstances which may disqualify you
Your Age
To buy a gun in California, one must be at least 21 years old, have a clean criminal record (especially with respect to violent crimes and misdemeanors related to assault or firearms), and meet specific residency requirements. Non-citizens and non-residents face additional conditions, such as having a green card or meeting specific visa requirements.
Your Criminal Record
If you have been convicted of a crime, you will need to check if the offense affects your gun rights. Under federal and state laws, you may be disqualified from gun ownership if you have been convicted of any of the following:
- A crime that is punishable by more than one year in prison
- A violent felony crime
- A misdemeanor concerning assault, intimidation, stalking, domestic violence, or firearms
You may also be banned from owning a firearm as a condition of probation or part of a court order.
Your Residency Status
If you are a non-citizen or non-resident, there are further requirements for obtaining a firearm. Lawful permanent residents must bring their green cards with them when they go in to purchase a gun. For those with a non-immigrant visa, many additional conditions must be met, including:
- You must have been in the United States for at least 90 days.
- You must either have a hunting license issued in the country or be an official from a foreign government.
- You must bring a copy of your visa and I-94 card when you go to purchase the firearm.
- You must not have given up United States citizenship.
Because gun purchases for those with a non-immigrant visa are rare, many gun dealers are not familiar with the process. You may have to shop around to find a gun dealer who knows how to process these sales.
Other Circumstances that May Disqualify You
There are several other things that could disqualify you from owning a gun in California. A few of these include:
- Dishonorable discharge from the military
- A court ruling of mental incompetence or illness
- A restraining or protective order
- Drug addiction
- If you are under conservatorship due to alcoholism
- If you were reported by a psychiatric professional for threats made against another person
If you have reviewed all of the above items and are still unsure of your eligibility, you can request a Personal Firearms Eligibility Check (PFEC). After submitting the request form, you should hear back regarding your eligibility within 60 days.
For a free legal consultation, call (310) 896-2723
Obtaining a Firearm Safety Certificate in California
Before purchasing a firearm, obtaining a Firearm Safety Certificate is usually required, except for certain individuals like military personnel, those with a hunting license buying a long gun, or those with specific permits. The certificate is obtained by passing a test, which costs $25 and consists of 30 questions, of which 23 must be correctly answered
However, before going through the process to get this certificate, you should check if you need it for the purchase(s) you wish to make. While most firearm purchases require the certificate, there are certain exceptions, including:
- If you are in the military or with California or federal police force, or if you honorably retired from these services
- If you have a hunting license and are purchasing a long gun
- If you have a Carry a Concealed Weapon Permit or Special Weapons Permit
- If you have a Curio & Relic Collector License and are buying an antique gun
- If you have an old Handgun Safety Certificate and it has not yet expired
If none of these apply to your situation, then you need to obtain a Firearm Safety Certificate. The first thing you will need to do is to study for the test. You can find a study guide and instructional video on the website for the California Attorney General.
Taking the Test
Once you feel prepared, you can go to a gun shop or a firearm training center to take the test. Most of these facilities administer tests and issue Firearm Safety Certificates.
The test costs $25 and consists of 30 questions. You must correctly answer 23 of the questions to obtain your certificate. If you fail, you can come back after 24 hours and take the test again, although the questions will have changed.
A second test does not require an additional fee. However, if you need a third test or you change testing facilities, you will have to pay the $25 again.
Purchasing a Gun in California
The purchase process includes selecting a firearm at a licensed dealership, submitting an application with a valid California ID and the Firearm Safety Certificate, paying necessary fees, and complying with a mandatory 10-day waiting period for background checks by various departments.
Additionally, California law requires gun owners to purchase a state-approved gun safe or lock for each firearm. Once you have met all the requirements, you can visit a licensed gun dealership to purchase a firearm. Even if you are purchasing a gun from a private seller, the transaction must be conducted through one of these facilities.
Once you arrive at the facility, you can choose the gun you would like to purchase. There are then several steps that will take place between selecting a firearm and bringing it home. These include:
- Submitting your application
- Paying fees
- Waiting
- Purchasing a safe or lock
- Performing the safe handling demonstration
- Picking up the gun
Submitting Your Application
Submitting your application entails presenting your valid California driver’s license or state ID and Firearm Safety Certificate, paying a deposit or full price for the weapon, filling out some forms, and submitting your thumbprint.
If you are purchasing a handgun, you must also prove your residency. This proof could be a utility bill, residential lease, property deed, or a second form of government-issued ID. If you don’t have a Firearm Safety Certificate, you must also present documentation showing why you are exempt.
Paying Fees
For each firearm transaction, you must pay Dealer Record of Sales fees along with other state fees. Additionally, the dealer may charge separate fees. It is important to discuss the total price you will pay before you finalize the deal.
If you are buying from a private party, the dealer is allowed to charge $10 per firearm for overseeing the deal.
Required Waiting Period
For almost all firearm sales, you are required to wait ten days before you can pick up the weapon. During this time, your application will be reviewed by the California Department of Motor Vehicles (DMV), the California Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI).
If none of these organizations denies your application or delays it to investigate, you will be able to go to the store to pick up your firearm at the end of the ten-day period.
Purchasing a Safe or Lock
California law requires that all gun owners either purchase a state-approved gun safe or purchase a new gun lock for each firearm they buy.
Performing the Safe Handling Demonstration
You will receive safe handling instructions from a DOJ-certified instructor, who will sign a statement certifying that you have completed them.
Picking Up the Gun
You are now ready to receive your firearm. You can bring your proof of safe or lock ownership to the dealer with you to show that you meet the legal requirements. Proof of safe ownership can come in the form of an owner’s manual or a receipt. Proof of lock ownership must be a receipt dated within 30 days of the pickup date.
Before picking up the gun, buyers must perform a safe handling demonstration with a DOJ-certified instructor and provide proof of safe or lock ownership. Upon satisfying these requirements, buyers can finalize the purchase and legally own the firearm.
Most gun dealers include a gun lock with your purchase. However, it is important to note that these locks do not always satisfy the requirements of California’s Department of Justice. You can then sign papers that declare you as the new legal owner of the weapon.
As long as you follow all of these steps, you can rest assured that you have legally purchased your firearm and are not in violation of any California laws.
Are There Gun Restrictions in California?
When it comes to gun restrictions, California has implemented comprehensive laws to regulate firearms and promote public safety.
Assault Weapons
California imposes strict regulations on assault weapons, which are defined by specific features and characteristics. These firearms are subject to restrictions and outright bans. The possession, manufacture, sale, and transfer of assault weapons are generally prohibited, with limited exceptions for specific individuals and circumstances.
Machine Guns
Similar to assault weapons, machine guns are heavily regulated in California. Possessing or owning a machine gun without proper authorization is illegal. Strict permits and licensing requirements are in place, and only individuals with specific exemptions, such as law enforcement officers or licensed manufacturers, are allowed to possess these firearms.
Illegal Firearms
While California allows for legal firearm ownership, there are certain situations where firearms are deemed illegal. For instance, possessing a firearm with a high-capacity magazine or specific features prohibited by law can result in criminal charges.
Rules on Ammunition
California has implemented strict rules and regulations regarding the sale, purchase, and possession of ammunition. Buyers must undergo a background check and obtain a permit to purchase ammunition.
Certain types of ammunition, such as armor-piercing rounds, are completely prohibited. These measures aim to track and regulate ammunition sales to prevent access by prohibited individuals and promote public safety.
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Who Can’t Legally Own a Gun in California?
California firearms law prohibits certain individuals from legally owning or possessing firearms. These prohibitions are in place to promote public safety and prevent firearms from falling into the wrong hands. The following individuals are generally restricted from owning guns in California:
- Convicted felons: Individuals who have been convicted of a felony offense, whether in California or any other jurisdiction, are generally prohibited from owning firearms. This restriction applies to both violent and non-violent felony convictions.
- Individuals with domestic violence convictions: People who have been convicted of domestic violence offenses, including misdemeanor offenses, are prohibited from owning firearms. This restriction is aimed at preventing individuals with a history of domestic violence from accessing firearms, which could potentially escalate dangerous situations.
- Those with active restraining orders: Individuals who are subject to certain types of restraining orders, such as domestic violence restraining orders or restraining orders issued after a hearing, are generally prohibited from possessing firearms.
- Persons with certain misdemeanor convictions: California law prohibits individuals convicted of certain misdemeanor offenses from owning firearms. These offenses include certain domestic violence misdemeanors, assault offenses, and others specified by law.
- Individuals with mental health conditions: People who have been involuntarily committed to a mental institution, found to be a danger to themselves or others, or deemed mentally incompetent by a court are generally prohibited from owning firearms. The background check process includes screening for these disqualifying mental health conditions.
- Fugitives from justice: Individuals who are fugitives from justice, meaning they have an outstanding warrant for their arrest, are generally prohibited from owning firearms.
- Drug and alcohol addicts: Individuals who are addicted to or unlawfully using controlled substances, including illegal drugs, are generally prohibited from possessing firearms.
Additionally, federal law also imposes certain restrictions on firearm ownership, and individuals who fall into any of these prohibited categories may be prohibited from owning firearms nationwide.
If you are unsure about your eligibility to own a firearm or have specific questions regarding firearms restrictions in California, it is advisable to consult official legal sources or seek guidance from our Burbank criminal defense attorneys.
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