The process of purchasing a gun legally in California involves passing a background check, completing a firearm safety certificate, and adhering to a mandatory waiting period. Due to the Second Amendment, the majority of people in the U.S. have the right to own a gun.
However, you must purchase these weapons legally, and in order to do so, you have to follow a set of processes in order to be legal. But can you own a gun in California? The answer is yes, as long as you comply with state laws regarding gun ownership.
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. If that sounds like you—or if you want to prevent yourself from being in this situation—speak with a Burbank criminal defense lawyer.
Determining Your Eligibility to Buy a Gun in California
Many people often wonder, “Are gun laws more strict in California than other states?” And while the answer is yes, this doesn’t mean lawfully owning a gun in the Golden State is impossible. It just requires you to understand what determines your eligibility to buy a gun in California.
Before you ever step foot inside a gun shop, there are several steps you should take at home if you find yourself toying with the idea of buying a gun. For instance, you should first determine whether or not you meet the eligibility requirements for gun ownership.
Here are some things to review if you are hoping to purchase a firearm in California:
- Your age
- Your criminal record
- Your residency status
For a free legal consultation, call (310) 896-2723
Other Circumstances That Might Disqualify You From Legally Purchasing a Gun in California
Even if you meet the eligibility requirements for gun ownership in California, several other details might disqualify you from purchasing this type of weapon. Here are examples of what these factors may include:
- Dishonorable discharge from the military
- A court ruling of mental incompetence or illness
- Restraining orders or protective orders against you
- The presence of alcohol or drug addictions
- If you are under a conservatorship due to alcoholism
- If a psychiatric professional has reported you
Suppose you have reviewed all of the above items yet are still unsure of your eligibility status for gun ownership in California. In that case, you can request a Personal Firearm Eligibility Check Application from the California Department of Justice Bureau of Firearms.
Make sure you fill out the form and send it to the appropriate recipient. After submitting your request form, you should hear back within 60 days regarding your eligibility.
Obtaining a Firearm Safety Certificate in California
Obtaining a Firearm Safety Certificate is usually a requirement before purchasing a firearm. However, there are exceptions, especially for certain individuals, such as military personnel, those with a hunting license for long guns, and people who hold specific permits.
That aside, the Firearm Safety Certificate is obtained by passing a test, though you should be prepared to pay $25 prior to sitting for the exam. The test consists of 30 questions, and you must answer 23 of those questions correctly in order to pass the exam.
Now, before you go through the process of obtaining this certificate, you should make sure you need it in the first place in order to carry out the purchase you wish to make. While most firearm purchases require the certificate, there are certain exceptions, including the following:
- If you are in the military
- If you are part of the police force
- If you honorably retired from the services above
- If you have a hunting license that you are purchasing a long gun for
- If you have a Carry a Concealed Weapon Permit or a Special Weapons Permit
- If you have a Curio & Relic Collector License and you are buying an antique gun
- If you have an old Handgun Safety Certificate that has not yet expired
If none of these apply to your situation, then you need to obtain a Firearm Safety Certificate. We recommend studying for the test rather than trying to take the exam without any preparation. This will likely increase your odds of passing the test the first time you take it.
The Process of Purchasing a Gun in California
The purchase process includes selecting a firearm at a licensed dealership, submitting an application with a valid California ID, sending in proof of your Firearm Safety Certificate, paying the necessary fees, and complying with a mandatory 10-day waiting period.
Additionally, California law requires gun owners to purchase a state-approved gun safe or lock for each firearm they own. Once you have met all the requirements, you can visit a licensed gun dealership, at which point you can purchase your 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. Here are the steps that will take place before you can bring a firearm home:
- Submitting your application
- Paying fees
- Allowing the waiting period to pass
- Purchasing a safe or a lock for safekeeping
- Performing the safe handling demonstration
- Picking up the gun
Complete a Free Case Evaluation form now
Who Can’t Legally Own a Gun in California?
California firearms law prohibits certain individuals from legally owning or possessing firearms. These prohibitions promote public safety and prevent firearms from falling into the wrong hands.
The following individuals are generally restricted from owning guns in California:
- Those who’ve been convicted of felonies
- People with domestic violence convictions
- Those with active restraining orders
- Persons with certain misdemeanor convictions
- Individuals with mental health conditions
- Those who are classified as fugitives from justice
- People addicted to drugs or alcohol
You can be charged in accordance with Penal Code 32310 if you possess large capacity magazines (LCMs) for your gun. In this situation, it may be beneficial to get help from a criminal defense attorney with relevant case experience.
Contact a Burbank Criminal Defense Attorney If You’re Thinking About Purchasing a Gun Legally in California
Understanding California’s firearm laws can be overwhelming, especially when dealing with background checks and waiting periods. However, a Burbank criminal defense law firm can offer clear guidance and help you comply with all legal requirements pertaining to your situation.
At Simmrin Law Group, we can help you avoid mistakes that could otherwise lead to criminal charges, whether you’re a first-time buyer or a long-time gun owner. We can provide you with advice and keep you fully informed about the laws of firearm ownership.
Don’t take risks when purchasing a firearm—get the support you need from us instead. Contact our law firm to learn more about us and how we can safeguard your rights.
Call or text (310) 896-2723 or complete a Free Case Evaluation form