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What do I need to do to buy a gun?
We get asked this question all the time, so we are writing it down for you. This is to assist first time buyers or persons who have not purchased a firearm in California, or have not done so for a very long time. This not to be considered legal advice and we are writing this as best we can. We may have forgot something or left some things out. This is a basic idea of how gun transactions work and we are trying to clarify some general questions we get from buyers.
Long Guns- You must be at least 18 years old and have a CA ID/DL, and FSC card or proof of exemption. If you ID does not have your current address we need some other government issued document that shows your address. Most commonly used is your DMV car registration. Other examples of acceptable documentation can be a, tax return, CCW. Utility bills are not acceptable unless that utility is government owned. Example, the LA Department of Water and Power would work. PO Boxes on your ID are not acceptable and you would need alternate documentation showing your current physical address.
Some examples of FSC exemptions are, CCW, Military ID, Police ID. These are the most common exemptions we see. There are many others so ask if you fall into one of these categories. If you need an FSC card you can obtain one for $25. They are valid for 5 years. The test is 30 questions and you must get at least 23 questions correct to pass. Test prep can be done online here.
California assault weapons laws apply. If you are unsure ask your FFL before you buy online to be sure your gun is CA compliant, or use the Calguns Rifle flowchart.
You must be at least 21 years old to purchase a shotgun that is not shoulder fired.
Receivers- You must be at least 21 years old with CA ID/DL. Same rules apply as for longguns. Make sure the receiver you are purchasing is not specifically listed as banned in CA. Consult the Calguns rifle flowchart for listed weapons in the Roberti-Roos Assault Weapons Control Act of 1989.
Handguns- If you are purchasing a handgun in the state of California you will need the following. You must be at least 21 years old and have a CA ID/DL, proof of residency, and your HSC/FSC card or proof of exemption. CA requires that the proof of residency be within at least 90 days from the date of purchase. Examples include, utility bills, car registration, lease agreement. Cell phone bills and pay stubs are not acceptable. You can find a complete list of acceptable forms of proof of residency from the office of attorney general here.
Just as with longguns if your ID does not have your current address you will need some form of government issued document that shows your current physical address. Sometimes your proof of residency will comply with the alternate documentation requirement. Example- DMV registration will work for both CA requirement and federal requirements. Or a combination would work also. Ex. Your Edison bill plus your tax return would satisfy both.
If you are not an active duty police officer the California roster of certified guns will apply to your purchase. The gun must be listed on this roster for a dealer to sell you the handgun. If you are buying your handgun via Private Party Transfer (PPT) the roster does not apply. Click here to view the current roster of certified handguns.
Make sure that you follow California law when you get your handgun. Visit the Calguns Handgun Flowchart to be sure you are compliant with the law.
https://www.calguns.net/caawid/hgflowchart.pdf for handguns
How many rounds can my magazine hold?
Magazine capacity laws will apply for PPT’s and dealer sales. Unless you are a sworn police officer as defined by CA law you are not allowed to purchase magazines with a capacity greater than 10 rounds. Note- The CA Penal code has been updated so that Federal agents are roster exempt, however, the PC has not been updated to allow them to purchase Hi-Capacity magazines, unless they have a letter from their agency stating that they are allowed to purchase them and that they will be used in their official duties. Feeding tubes for rimfire ammunition has no magazine capacity limit. Only lever action rifles with feeding tubes have no magazine capacity limitations for centerfire ammunition. Note, the magazine capacity law does not mean you can't own magazines greater than 10 rounds. So long as you have legally acquired them you may own them. Now putting certain magazines in certain rifles may create an Assault Rifle as defined by CA law. Refer back to the Calguns Rifle flowchart before you put mags greater than 10 rounds in your rifle.
Can I order a gun online and have it shipped to my FFL?
Yes, check with your local FFL first before you order to make sure they will accept it and are willing to do the transfer. Your local dealer fees are set by the dealer and prices vary from dealer to dealer. You will need to still pay the states DROS fees plus sales tax on your invoice. Roster and Assault Weapons laws apply.
Can I buy a gun from a private party online?
Yes, make sure your FFL is willing to accept the firearm from a private individual first. Most will be willing to, others will prefer that the firearm be shipped to them by a FFL. If coming from a private individual the FFL will want their information so they can log who the firearm came from in their A&D book. Common carries have their own rules for firearm shipments. Check with UPS, FedEx and USPS before you have the firearm shipped to make sure that their rules are followed.
Can I buy a firearm from a private party inside California and have them ship it to my FFL?
Yes, but this will not be considered a PPT so the roster will apply for handguns and Assault Weapons laws apply.
Do I really need to buy a gunlock?
Generally speaking yes, you do. You may purchase one from another vendor and bring that lock with you, but you must bring your receipt showing the lock was purchased within 30 days from the time you start your DROS. The gun needs to leave the store with the lock. Gunlocks must be approved by the state.
https://oag.ca.gov/firearms/fsdcertlist for approved safety devices.
What is the safety demonstration? Do I have to do this?
You will have to do a basic safety demonstration in front of a FSC instructor when you purchase your firearm. A basic rule to follow is if you were not a FSC exempt person when you purchased the firearm you will have to do the safety demo. The demo consists of using a dummy round, snap cap or spent casing with the primer removed to load a round into the magazine or feeding tube, chamber the round, and safely remove the round and magazine from the firearm. You will need to demonstrate how to affix and remove your safety device on the firearm as well.
Is there a waiting period for my purchase?
Yes, it is 10-24 hour periods. You may pick up your firearm after 240 hours from the time your DROS is submitted to the state. The only exemption is a police officer with a letter from their department asking to waive the waiting period. Even if you show up 10 minutes early to pick up your gun you still have to wait.
Am I eligible to buy a firearm?
We don’t know. We don’t do your background check the state does. If you are unsure of your eligibility to purchase a firearm you may request a certificate of eligibility from the state of California. Here is the form you will need to fill out and submit to the state to determine if you are eligible.
http://oag.ca.gov/sites/all/files/ag...rms/coeapp.pdf COE form
If you have been convicted of a felony you will not be eligible to possess a firearm and your purchase will be denied. If you have been convicted of a misdemeanor you probably have lost your gun rights for 10 years. If you are the subject of any domestic restraining orders you may not possess a firearm.
If I am a prohibited person can I have my wife/husband/girlfriend/boyfriend/ buy it for me?
No, this is a straw purchase and violates Federal and California law. You are asking them to commit a felony for you. Don’t ask. If you are prohibited you can’t buy one.
Why was I delayed or denied my purchase?
We don’t know. When the DOJ calls an FFL to tell them to delay or deny the purchase and we are not told a reason why. We are only told what to do in regards to the purchase. If you are on a DOJ Delay they may take up to 30 days to determine if they are going to approve or deny your application to purchase a firearm. If after 30 days they are unable to determine if you are eligible the purchase will be considered "undetermined" and it is up to the FFL if they will release the firearm to you or not. Persons who have been denied their application will also be given BOF form 110. This form will give you more information about how to get rid of any firearms that are in your possession. You have 30 days to sell any firearms you have in your possession. You may sell them PPT, to an FFL, give the firearms to the police for holding until your eligibility status is cleared or surrender your firearms to law enforcement for destruction.
Can I buy a firearm if I am not a California resident?
The only exemption is if you are in the military on active duty and stationed in the state of California. You will need to show your Military ID and Orders showing you are stationed here in CA.
I want to buy a firearm from a friend. Do I have to use an FFL for the transfer?
Yes. You must go through an FFL to transfer a firearm in the state of California.
What if I’m buying the firearm from my dad/mom/grandfather etc..?
If you purchase a firearm from a direct bloodline relative you may fill out the OPLAW form and submit the form to the state along with the $19 fee to register your firearms. You still need to have an FSC card for the OPLAW form and can obtain the FSC card from any FFL for $25. These transfers must be up and down the family bloodline. Example. Dad to son, Grandpa to grandson, son to Father etc. Giving a firearm from an aunt to a niece, cousin to cousin, uncle to nephew is not eligible for this type of transfer.
http://oag.ca.gov/sites/all/files/ag...orms/oplaw.pdf CA OPLAW Form.
Is there a ‘gun license’?
The FSC card is not a license to carry concealed or openly in the state of California. The FSC card does not prove eligibility to possess a firearm or serve as a background check. If you wish to carry your firearm concealed you must apply for and be approved for a CCW from either your local sheriff or chief of police.
Can I buy more than one firearm at a time?
You may only make application to purchase from a dealer 1 handgun every 30 days. There is no limit to how many handguns you may purchase from a private party (PPT) at once. You may buy as many rifles shotguns at one time as you like. Your FFL will be required to submit to the ATF the form Multiple Sales of Certain Types of Rifles if you purchase more than one centerfire semi-automatic rifle within 5 days of each other. If you buy multiple handguns they will send in the Multiple Handgun form as well.
Feel free to let me know what you think I missed or needed to include.
We get asked this question all the time, so we are writing it down for you. This is to assist first time buyers or persons who have not purchased a firearm in California, or have not done so for a very long time. This not to be considered legal advice and we are writing this as best we can. We may have forgot something or left some things out. This is a basic idea of how gun transactions work and we are trying to clarify some general questions we get from buyers.
Long Guns- You must be at least 18 years old and have a CA ID/DL, and FSC card or proof of exemption. If you ID does not have your current address we need some other government issued document that shows your address. Most commonly used is your DMV car registration. Other examples of acceptable documentation can be a, tax return, CCW. Utility bills are not acceptable unless that utility is government owned. Example, the LA Department of Water and Power would work. PO Boxes on your ID are not acceptable and you would need alternate documentation showing your current physical address.
Some examples of FSC exemptions are, CCW, Military ID, Police ID. These are the most common exemptions we see. There are many others so ask if you fall into one of these categories. If you need an FSC card you can obtain one for $25. They are valid for 5 years. The test is 30 questions and you must get at least 23 questions correct to pass. Test prep can be done online here.
California assault weapons laws apply. If you are unsure ask your FFL before you buy online to be sure your gun is CA compliant, or use the Calguns Rifle flowchart.
You must be at least 21 years old to purchase a shotgun that is not shoulder fired.
Receivers- You must be at least 21 years old with CA ID/DL. Same rules apply as for longguns. Make sure the receiver you are purchasing is not specifically listed as banned in CA. Consult the Calguns rifle flowchart for listed weapons in the Roberti-Roos Assault Weapons Control Act of 1989.
Handguns- If you are purchasing a handgun in the state of California you will need the following. You must be at least 21 years old and have a CA ID/DL, proof of residency, and your HSC/FSC card or proof of exemption. CA requires that the proof of residency be within at least 90 days from the date of purchase. Examples include, utility bills, car registration, lease agreement. Cell phone bills and pay stubs are not acceptable. You can find a complete list of acceptable forms of proof of residency from the office of attorney general here.
Just as with longguns if your ID does not have your current address you will need some form of government issued document that shows your current physical address. Sometimes your proof of residency will comply with the alternate documentation requirement. Example- DMV registration will work for both CA requirement and federal requirements. Or a combination would work also. Ex. Your Edison bill plus your tax return would satisfy both.
If you are not an active duty police officer the California roster of certified guns will apply to your purchase. The gun must be listed on this roster for a dealer to sell you the handgun. If you are buying your handgun via Private Party Transfer (PPT) the roster does not apply. Click here to view the current roster of certified handguns.
Make sure that you follow California law when you get your handgun. Visit the Calguns Handgun Flowchart to be sure you are compliant with the law.
https://www.calguns.net/caawid/hgflowchart.pdf for handguns
How many rounds can my magazine hold?
Magazine capacity laws will apply for PPT’s and dealer sales. Unless you are a sworn police officer as defined by CA law you are not allowed to purchase magazines with a capacity greater than 10 rounds. Note- The CA Penal code has been updated so that Federal agents are roster exempt, however, the PC has not been updated to allow them to purchase Hi-Capacity magazines, unless they have a letter from their agency stating that they are allowed to purchase them and that they will be used in their official duties. Feeding tubes for rimfire ammunition has no magazine capacity limit. Only lever action rifles with feeding tubes have no magazine capacity limitations for centerfire ammunition. Note, the magazine capacity law does not mean you can't own magazines greater than 10 rounds. So long as you have legally acquired them you may own them. Now putting certain magazines in certain rifles may create an Assault Rifle as defined by CA law. Refer back to the Calguns Rifle flowchart before you put mags greater than 10 rounds in your rifle.
Can I order a gun online and have it shipped to my FFL?
Yes, check with your local FFL first before you order to make sure they will accept it and are willing to do the transfer. Your local dealer fees are set by the dealer and prices vary from dealer to dealer. You will need to still pay the states DROS fees plus sales tax on your invoice. Roster and Assault Weapons laws apply.
Can I buy a gun from a private party online?
Yes, make sure your FFL is willing to accept the firearm from a private individual first. Most will be willing to, others will prefer that the firearm be shipped to them by a FFL. If coming from a private individual the FFL will want their information so they can log who the firearm came from in their A&D book. Common carries have their own rules for firearm shipments. Check with UPS, FedEx and USPS before you have the firearm shipped to make sure that their rules are followed.
Can I buy a firearm from a private party inside California and have them ship it to my FFL?
Yes, but this will not be considered a PPT so the roster will apply for handguns and Assault Weapons laws apply.
Do I really need to buy a gunlock?
Generally speaking yes, you do. You may purchase one from another vendor and bring that lock with you, but you must bring your receipt showing the lock was purchased within 30 days from the time you start your DROS. The gun needs to leave the store with the lock. Gunlocks must be approved by the state.
https://oag.ca.gov/firearms/fsdcertlist for approved safety devices.
What is the safety demonstration? Do I have to do this?
You will have to do a basic safety demonstration in front of a FSC instructor when you purchase your firearm. A basic rule to follow is if you were not a FSC exempt person when you purchased the firearm you will have to do the safety demo. The demo consists of using a dummy round, snap cap or spent casing with the primer removed to load a round into the magazine or feeding tube, chamber the round, and safely remove the round and magazine from the firearm. You will need to demonstrate how to affix and remove your safety device on the firearm as well.
Is there a waiting period for my purchase?
Yes, it is 10-24 hour periods. You may pick up your firearm after 240 hours from the time your DROS is submitted to the state. The only exemption is a police officer with a letter from their department asking to waive the waiting period. Even if you show up 10 minutes early to pick up your gun you still have to wait.
Am I eligible to buy a firearm?
We don’t know. We don’t do your background check the state does. If you are unsure of your eligibility to purchase a firearm you may request a certificate of eligibility from the state of California. Here is the form you will need to fill out and submit to the state to determine if you are eligible.
http://oag.ca.gov/sites/all/files/ag...rms/coeapp.pdf COE form
If you have been convicted of a felony you will not be eligible to possess a firearm and your purchase will be denied. If you have been convicted of a misdemeanor you probably have lost your gun rights for 10 years. If you are the subject of any domestic restraining orders you may not possess a firearm.
If I am a prohibited person can I have my wife/husband/girlfriend/boyfriend/ buy it for me?
No, this is a straw purchase and violates Federal and California law. You are asking them to commit a felony for you. Don’t ask. If you are prohibited you can’t buy one.
Why was I delayed or denied my purchase?
We don’t know. When the DOJ calls an FFL to tell them to delay or deny the purchase and we are not told a reason why. We are only told what to do in regards to the purchase. If you are on a DOJ Delay they may take up to 30 days to determine if they are going to approve or deny your application to purchase a firearm. If after 30 days they are unable to determine if you are eligible the purchase will be considered "undetermined" and it is up to the FFL if they will release the firearm to you or not. Persons who have been denied their application will also be given BOF form 110. This form will give you more information about how to get rid of any firearms that are in your possession. You have 30 days to sell any firearms you have in your possession. You may sell them PPT, to an FFL, give the firearms to the police for holding until your eligibility status is cleared or surrender your firearms to law enforcement for destruction.
Can I buy a firearm if I am not a California resident?
The only exemption is if you are in the military on active duty and stationed in the state of California. You will need to show your Military ID and Orders showing you are stationed here in CA.
I want to buy a firearm from a friend. Do I have to use an FFL for the transfer?
Yes. You must go through an FFL to transfer a firearm in the state of California.
What if I’m buying the firearm from my dad/mom/grandfather etc..?
If you purchase a firearm from a direct bloodline relative you may fill out the OPLAW form and submit the form to the state along with the $19 fee to register your firearms. You still need to have an FSC card for the OPLAW form and can obtain the FSC card from any FFL for $25. These transfers must be up and down the family bloodline. Example. Dad to son, Grandpa to grandson, son to Father etc. Giving a firearm from an aunt to a niece, cousin to cousin, uncle to nephew is not eligible for this type of transfer.
http://oag.ca.gov/sites/all/files/ag...orms/oplaw.pdf CA OPLAW Form.
Is there a ‘gun license’?
The FSC card is not a license to carry concealed or openly in the state of California. The FSC card does not prove eligibility to possess a firearm or serve as a background check. If you wish to carry your firearm concealed you must apply for and be approved for a CCW from either your local sheriff or chief of police.
Can I buy more than one firearm at a time?
You may only make application to purchase from a dealer 1 handgun every 30 days. There is no limit to how many handguns you may purchase from a private party (PPT) at once. You may buy as many rifles shotguns at one time as you like. Your FFL will be required to submit to the ATF the form Multiple Sales of Certain Types of Rifles if you purchase more than one centerfire semi-automatic rifle within 5 days of each other. If you buy multiple handguns they will send in the Multiple Handgun form as well.
Feel free to let me know what you think I missed or needed to include.
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