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🚩LAW: FAQ - read before posting a new question
Frequently Asked Questions An FAQ answer thread is always a work in progress ... Index Post; also use text search 2 - References 3 - Dates and times related to buying guns 4 - Buying/receiving guns when out of state, or from out of state visitors to California --- (Interstate transfer requires the FFL - no California based 'form' can replace the FFL.) 5 - Magazines: use 6 - Magazines: modification, parts, transfer 7 - Handgun Roster questions 8 - Handgun/Firearms Safety Certificate 9 - California Private Party Transfer (PPT) 10 - Family transfer 11 - Locks when buying guns 12 - Transporting 13 - How to buy a gun 14 - I might have this unregistered 'assault weapon' 15 - Ship or bring a gun to an FFL 16 - Acceptable proof of residency for handgun purchase 17 - 1 handgun in 30 days 18 - Self defense law 19 - Effect of modifying a gun on criminal prosecution/civil suits 20 - storage of a gun in a state where the owner does not reside 21 - straw purchase ========================== Other CalGuns FAQ posts License to Carry (LTC) / Carry a Concealed Weapon (CCW) is in our LTC forum -- http://www.calguns.net/calgunforum/f...play.php?f=179 There is an FAQ thread there on the LTC/CCW laws and related questions -- http://www.calguns.net/calgunforum/s...d.php?t=388997 and an FAQ thread on where it is legal to carry -- http://www.calguns.net/calgunforum/s...d.php?t=338205 The FFL forum has an FAQ on How to become an FFL -- http://www.calguns.net/calgunforum/s...d.php?t=384995 The Blade Forum has an FAQ on Knife Laws -- http://www.calguns.net/calgunforum/s...d.php?t=815906 Last edited by Librarian; 09-05-2015 at 8:54 PM.. |
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References
California law: http://leginfo.legislature.ca.gov/faces/codes.xhtml
Most, but not all, California laws regarding firearms are in the Penal Code California Code of Regulations: http://ccr.oal.ca.gov/ Most California regulations regarding firearms are in Title 11 Law. California Jury Instructions: http://www.courtinfo.ca.gov/jury/cri...yinstructions/ California Attorney General - Forms page: http://oag.ca.gov/firearms/forms California Attorney General - FAQ page: http://oag.ca.gov/firearms/faqs Federal law: US CODE - http://uscode.house.gov/browse/preli...edition=prelim Most firearms-related US Code is Title 18 Chapter 44 Federal law: ATF Regulations - http://www.ecfr.gov/cgi-bin/text-idx...7/27tab_02.tpl Most ATF regulations are in Title 27 The Calguns Foundation Wiki - http://wiki.calgunsfoundation.org/index.php/Main_Page Thinking in 'legalese' A little preparation goes a long way. Laws are generally not written in 'plain english' even though a statute may use english words. “Guide to Reading, Interpreting and Applying Statutes.”, from the Georgetown law school, should help. Last edited by Librarian; 03-25-2014 at 11:14 AM.. |
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Dates and times related to buying guns
These start the date and time DROS is submitted to DOJ
- the 10-day wait for all firearms - the 30 day period for '1 handgun in 30 days' In rare cases a selling/delivering FFL may not be open for business on the day or at the time the wait expires; delivery on the next business day should be expected. In some cases the CA-DOJ will delay delivery; the selling/delivering FFL is not informed of the reason, and it would be the responsibility of the delayed person to contact DOJ fo further information. Last edited by Librarian; 03-03-2014 at 5:26 PM.. |
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Buying or receiving guns when out of state
If you are an unlicensed person, that is, you have no version of a Federal Firearms License, you may not take possession of a firearm when outside your state of residence - with a few exceptions.
The state laws beyond California, which might influence this, are out of scope for this forum. This is Federal law, in effect since 1968. See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/in...rms_Interstate Federal law does NOT include California's intrafamilial transfer concept; even a gift to a CA resident from a parent or child who lives out of state must go through a CA FFL. Last edited by Librarian; 02-06-2020 at 10:38 AM.. |
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Magazines: use
Legally possessed large-capacity magazines - defined in California law as magazines with a capacity of more than 10 rounds - may be used in any non 'assault weapon' configuration.
This magazine law principally applies to handguns and non semi-automatic rifles. The age of the magazine and the age or date of manufacture of the gun have no influence on legality. Another part of Penal Code affects using large-capacity magazines in fixed-magazine semiautomatic centerfire rifles or semiautomatic handguns. A magazine lock (e.g. bullet button) modifies a weapon so it cannot accept a 'detachable magazine' - so equipped, the weapon requires a tool to remove the magazine from the weapon. 'Assault weapon' law says that using a large-capacity magazine in a magazine-lock-equipped semiautomatic centerfire rifle or semiautomatic handgun manufactures an 'assault weapon' by creating a fixed-magazine with a capacity greater than 10 rounds. See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/La...e_restrictions Magazines - possession As of September 19, 2015, 3 cities restrict POSSESSION of large-capacity magazines: Sunnyvale, San Francisco, Los Angeles. Last edited by Librarian; 09-24-2015 at 2:08 PM.. |
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Magazines: modification, parts, transfer
Transfer of large-capacity magazines in California is permitted only when the receiver is exempt from the large-capacity magazine law - principally Law Enforcement Officers.
It is no longer legal to disassemble a large-capacity magazine into parts, and transfer the 'kit' of parts. In short, as of 2014 the law appears to forbid
It remains legal to modify a large-capacity magazine to 10 rounds or fewer. The requirement is 'permanent' modification, but there is no clear guidance on the minimum acceptable change that becomes 'permanent'. Last edited by Librarian; 03-05-2014 at 2:45 PM.. |
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Handgun Roster Questions
Principal answer:
The handgun Roster (http://certguns.doj.ca.gov/) has no effect on
The Roster restricts what licensed FFLS may transfer to non-Roster-exempt customers. See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/The_Safe_Handgun_List and http://wiki.calgunsfoundation.org/Mo..._with_firearms Last edited by Librarian; 03-05-2014 at 2:48 PM.. |
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Handgun/Firearms Safety Certificate
The existing Handgun Safety Certificate (http://oag.ca.gov/firearms/hscinfo) and the upcoming Firearms Safety Certificate, affect only purchase or transfer of handguns (in 2015, all firearms).
An HSC is not required for
Last edited by Librarian; 03-05-2014 at 2:47 PM.. |
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California Private Party Transfer (PPT)
FAQ:
What is a CA PPT? The California Private Party Transfer (PPT) is a special, California-only thing.Federal law has no equivalent for a PPT. Fedlaw requires interstate transfers to use FFLs. Fedlaw does not require a state to require an FFL in a transaction solely among residents of just one state.PPT transactions are NOT subject to the Roster. Except in the City of Los Angeles, PPT is NOT subject to 1 handgun in 30 days.What is the PPT fee? CA law sets the fee at $10 for the dealer, $25 for DROS and the special funds CA collects.Who can use the PPT process? The DROS software will not accept anything but CA ID or Military ID with PCS orders to CA.Can a gun be shipped to a different CA FFL in a PPT? NO - not and remain a PPT; shipping makes the transaction a Dealer Transfer.See also the Calguns Foundation Wiki -- https://web.archive.org/web/20151108...e_Party_-_PPTr Last edited by Librarian; 11-02-2016 at 3:33 PM.. |
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Family transfer; 2 CA residents, mail the form. Non-CA, use FFL
California has a feature in Penal Code that allows specified members of the same family, all of whom live in California, to transfer guns without using an FFL.
By law, the transfers covered are among parent, grandparent, child or grandchild, up or down. Brothers to sisters, aunts to nieces, step-parents to step-children (where formal adoption has not happened) are excluded. In 2014 and following, all of those transfers must be documented by submitting an Operation of Law form. Because these transfers are exempt from using an FFL, they are not subject to the Roster. However, interstate transfer does not work on the no-FFL, just file the form model; Federal law requires the FFL, so the DROS process covers the 'inform the state of the transfer' requirement. Many California FFLs and some folks who answer the phone at CA-DOJ seem to be unaware of Federal law in this area. See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/Tr...Family_Members Last edited by Librarian; 03-24-2016 at 3:48 PM.. |
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Locks when buying guns
California law requires locks (handguns and long guns) and Federal law requires locks (handguns only).
For both sets of laws, the transferring FFL must be able to show some kind of 'safety device' was with the gun as it left the store OR, for long guns and California law, that the person receiving the gun has an immobile safety device - a safe or approved lockbox, as sworn to by the safe affidavit. The ATF has not written regulations that allow FFLs to accept anything but gun locks; that means the safe affidavit is no good for transferring handguns. A very few new firearms come with locks that are NOT California-approved; for those few, the new owner must buy a lock. BUT, the law does not require the new owner to buy it from the FFL. S/he may buy a CA-approved lock anywhere, and bring both the receipt showing the lock was purchased no more than 30 days before pickup, and the actual lock, to the store when picking up the gun. See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/Bu...es.2C_and_Laws Last edited by Librarian; 04-18-2021 at 10:24 AM.. |
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Transporting
Transporting handguns:
Place the unloaded handgun in a secure completely enclosing case and lock it in.Notes:There is no guidance on what 'secure' means.The locked case with the unloaded handgun may be transported anyplace within a motor vehicle, and inside an outer case, range bag or backpack. A disassembled firearm is still a firearm - if that firearm needs to be in a locked container, disassembling it does not change that requirement.Transporting long guns: California law is silent about IN-Vehicle transport of long guns.Transporting ammunition:California 'registered assault weapons' follow the same rules as handguns. Both California and Federal law are silent on the transportation of ammunition.See also the Calguns Foundation Wiki -- http://wiki.calgunsfoundation.org/Transporting Last edited by Librarian; 05-19-2014 at 10:29 AM.. |
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How to buy a gun
The detailed explanation is at the wiki -- http://wiki.calgunsfoundation.org/Bu..._in_California
This FAQ answer is intended for California residents. Three pre-conditions:
There are no person-to-person sales in California for unlicensed persons; all sales must go through a California-licensed FFL. Simplest case - buy a long gun: a buyer will
A Private Party Transfer (PPT) is a special California use of a California-licensed FFL to allow to people with California ID to sell to each other. Last edited by Librarian; 01-15-2015 at 8:10 PM.. |
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I might have this unregistered 'assault weapon'
DO NOT POST THAT ON CALGUNS. The penalty for having an unregistered 'assault weapon' is up to eight years in prison. Determination of the accuracy of your concern or suspicion is best done with your own lawyer. See the wiki article -- http://wiki.calgunsfoundation.org/Po...ult_weapons%22 Inheritance of a registered 'assault weapon' is an issue not necessarily associated with a crime, but the beneficiary probably will not be able to keep the gun(s). Last edited by Librarian; 03-20-2014 at 4:03 PM.. |
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Ship or bring a gun to an FFL
Neither Federal nor California law require that a gun be shipped to a CA FFL by another FFL.
Legally, an out of state seller may privately ship to the CA FFL, or may personally bring the gun to the CA FFL for transfer. But, some FFLs have their own business practice to accept shipped guns only from other FFLs. They are allowed to do that, just as they are allowed to run their business to suit themselves in other ways. Call ahead to the CA FFL you plan to use, and get their policy. |
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Acceptable proof of residency for handgun purchase
Proof of residency applies ONLY to handgun purchases: PC 26845
Quote:
What documentation is acceptable proof of residency for handgun purchasers? Utility bill from within the past three months that bears on its face the individual's name and either of the following: The individual's current residential address as declared on the DROS form; or The individual's residential address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto. “Utility bill" means a statement of charges for providing service to the individual's residence by either a physical connection (i.e., hard wired Internet, telephone connection or cable connection, or a water or gas pipeline connection) or a telemetric connection (i.e., satellite television or radio broadcast service) to a non-mobile, fixed antenna reception device. Residential lease that bears the individual's name and either of the following: The individual's current residential address as declared on the DROS form; or The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto. "Residential lease" means either of the following: A signed and dated contract by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration for the right to occupy an abode for a specified period of time; or A signed and dated rental agreement by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration at fixed intervals for the right to occupy an abode. Property deed that bears the individual's name and either of the following: The individual's current residential address as declared on the DROS form; or The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto. "Property deed" means either or the following: A valid deed of trust for the individual's property of current residence that identifies the individual as a grantee of the trust; or A valid Certificate of Title issued by a licensed title insurance company that identifies the individual as a title holder to his or her property of current residence. Current, government-issued license, permit, or registration, other than a California Driver License or California Identification Card, that has a specified expiration date or period of validity. The license, permit, or registration must bear the individual's name and either of the following: The individual's current residential address as declared on the DROS form; or The individual's address as it appears on his or her California Driver License, California Identification Card, or change of address attachment thereto. Examples of acceptable proof of residency: Current DMV registrations. Electricity, gas, cable bill with purchaser's name on it from within the last 3 months. Signed, dated and notarized rental agreement/contract. Examples of documents that are NOT acceptable proof of residency: Hunting or fishing license (these documents are not issued by the government). Cellular phone bill. Last edited by Librarian; 04-03-2014 at 10:51 PM.. |
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17 - 1 handgun in 30 days
See also the wiki -- http://wiki.calgunsfoundation.org/Bu...dgun_per_month Here is the Penal Code: Quote:
'30 days' is from the moment the DROS is submitted, and is enforced, to the minute, by the dealer's DOJ-supplied software. It applies only to handguns. It applies to individuals. It does NOT apply to Private Party Transactions (PPT). It DOES apply to PPT transactions that happen at an FFL inside the Los Angeles City limits; where the buyer or seller may live in CA does not matter.It does NOT apply to within-CA intrafamilial transfers (those do not use an FFL). It DOES apply to interstate intrafamilial transactions, because those DO require an FFL. ETA 20-Jan-20 CA-DOJ inspectors have told CA FFLs that intrafamilial transfers ARE exempt from 1-in-30. I cannot fathom why, but as they get to enforce rules, probably need to accept the gift.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. Last edited by Librarian; 01-20-2020 at 8:58 PM.. |
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A thread with solid information on California's law of self defense: http://www.calguns.net/calgunforum/s...d.php?t=970506
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Effect of gun modification on criminal prosecution/civil suit
We can't find any cases.
That does not mean such cases do not exist, nor that such a case cannot be filed in the future. But, absent a modification that is illegal (e.g. conversion to full auto without a license/tax stamp) or demonstrably unsafe (made up example: firing mechanism modified such that the firearm regularly discharges when dropped) we do not yet have evidence that modifications to a firearm are as important or more important than the other circumstances of a self-defense use of a firearm.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Storage of a gun in a state where the owner does not reside
There is no clear ruling on the legality.
See Fiddletown's post, here - http://www.calguns.net/calgunforum/s...22&postcount=7 Summary: maybe it can be made to work. One must be very cautious.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Straw Purchase
Straw purchase has nothing to do with the eligibility of any participant in the transaction(s) to legally own a gun.
The Supreme Court decision in Abramski v United States makes it clear: Quote:
See also the wiki -- http://wiki.calgunsfoundation.org/Straw_Purchase
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Bump. post 9, for PPTs, updated.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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