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Disclaimer: Thank you for visiting our blog. Please note that Gibbons & Gibbons is a criminal defense law firm based in Los Angeles, California. While we provide valuable information on California gun laws, we do not assist with obtaining licenses to carry firearms. Our expertise lies in criminal defense representation. If you require assistance in matters related to criminal charges, legal defense, or your rights, we are here to help. For inquiries regarding firearm licenses, we recommend consulting with a qualified firearms licensing professional.
Guns and firearms are controversial. However, regardless of your personal opinions, it is important to be informed about the current laws and regulations surrounding these weapons. This information can help keep you safe and make sure that you do not inadvertently California gun laws. Rules and regulations are always changing, and it is vital to stay abreast of any changes.
Buying a Gun in California
In California, there are over 65,000 legally registered guns. California’s laws are unique in many ways. One of them is that there are different age restrictions depending on the firearm that you buy. Those who wish to buy a rifle or shotgun must be at least 18 years old to do so. Individuals who wish to buy handguns must be at least 21 years old. If a parent gives consent, a child under 18 may own a BB gun.
Regardless of age, everyone who purchases a gun of any kind must pass a background check. The state refers to this as the “Dealer’s Record of Sale,” or DROS. The state of California also requires that all firearm owners have a valid Firearm Safety Certificate, which requires a written test. This test is taken through the California Department of Justice.
Certain people are not permitted to purchase or possess firearms of any kind. In California, these groups generally are not permitted to have guns:
- Convicted felons
- People who are addicted to narcotics
- Individuals with two or more convictions for brandishing a weapon
- Those who have been convicted of certain misdemeanors, including some domestic violence charges
- Those who suffer from mental illnesses
If you are not legally permitted to own a gun for any reason, it is also illegal for you to purchase ammunition.
Carrying a Gun in California
After you legally acquire a firearm, it is important to be careful about how you carry it, as there are restrictions for this as well. In most situations, it is illegal to openly carry a gun, regardless of how you obtained it. This applies to weapons that are loaded and unloaded alike.
You also cannot carry a concealed weapon or firearm without a concealed carry permit from the state. If you get the permit, you will also learn the proper way to carry your weapon to adhere to concealed carry laws.
If you carry your gun in a locked container, you may bring it from one place to another.
Location Restrictions
Even if you legally purchase your firearm and follow all concealed carry laws, there are certain places where you may never bring your firearm. These places include:
- Schools
- Government buildings or property, including the Governor’s mansion
- Passenger terminals and airports
- Public transportation facilities
- Public buildings
- Meetings that are open to the public
When you purchase a gun, it is extremely important to understand where you may not bring your firearm. If you violate the law, it may prevent you from being permitted to own firearms indefinitely.
If you can legally own a gun, you may legally keep the gun in your home.
Red Flag Law
California has a red flag law that helps keep firearms away from dangerous individuals who would pass a standard background check.
Under the red flag law, close relatives may file a restraining order against a firearm owner who they believe to be potentially dangerous. Those who may file a restraining order include:
- Family member
- Coworker
- Roommate
- Neighbor
- Teacher
It is entirely possible for a dangerous individual to appear safe on paper and pass the state’s standard background check. The red flag law helps to mitigate the damage that these people can do.
What to Do if You Are Charged With Violating Gun Laws in California
Being charged with any crime can be an incredibly scary, traumatic, and stressful experience. However, it is important to remember that an accusation is not equal to a conviction. If you are charged with a gun crime, you should stay calm and take any steps you can to protect yourself as the justice process begins. Some of the things you should do are as follows:
- Stay silent. In the United States, any time a citizen is arrested, the arresting officer is legally required to read their Miranda rights, which include the right to remain silent. If you are charged with a crime, it is advisable to remain silent because any statement that you make can be legally used against you in court.
- Hire a gun crime lawyer. The next important step is to hire a gun crime lawyer at your earliest opportunity. Bringing an attorney into the situation as soon as possible can help you protect your rights.
- Participate in the process. It is beneficial for you to comply with all court requirements. You should attend every hearing and follow all instructions given to you. Failure to do so could negatively affect the outcome of your case.
- Gather any relevant evidence you have. You should put together any evidence you might have that could support your defense, including a receipt if the firearm in question was legally purchased, any permits you have, or anything else that might help build your case.
- Do not try to hide anything. If you have evidence that could incriminate you, attempting to get rid of it while under investigation could make the situation worse.
Through the entire criminal justice process, whether you are guilty of the crime of which you are accused or not, the most important thing to do is stay calm and follow the advice of your attorney. The burden of proof is always on the prosecution in criminal matters. The prosecution must prove your guilt beyond a reasonable doubt. It is not your burden to prove your innocence, but rather to cast doubt on the prosecution’s case.
An experienced lawyer can support you by helping you understand the charges against you and your legal position. Your attorney can also help you by keeping watch over the legal proceedings and looking out for any violations of your rights.
During a criminal investigation, law enforcement officers and other officials are required to follow due process, including obtaining warrants for searches or seizures that are not undertaken as a direct response to probable cause. When police officers fail to follow these protocols, these actions may violate your constitutional rights. Any evidence obtained through illegal means is inadmissible in court, and your attorney can raise this point with the court.
How an Attorney Can Help
In some cases, your attorney may even be able to get the charges against you dismissed. This sometimes happens when much of the evidence against an alleged offender turns out to be inadmissible. If there is insufficient admissible evidence to support the accusation, the judge has no choice but to dismiss the case.
If your case does ultimately go to trial, you should trust your attorney and cooperate with them to build a case in your defense. Follow their instructions, provide them with any information they ask for, and allow them to do their job. Although no attorney can guarantee an acquittal, a skilled attorney can often achieve a reduction in charges or a lenient sentence, depending on the alleged offender’s prior criminal record.
FAQs
Can You Legally Carry a Gun in California Now?
Yes, there are many ways to legally carry a gun in California. However, you must meet certain requirements that the state has in place. People with certain medical conditions, criminal histories, or those who are under the age of 18 are not permitted to carry a gun under any circumstances. You may not openly carry the gun, but to conceal carry, you must have a permit. You may carry a gun, but you must follow the safety protocol.
Can You Own a Gun in California Without a CCW?
Yes, you can technically own a gun in California without having a concealed carry permit. However, you may not legally bring your gun off your property without it. Carrying a gun out in the open is illegal in all scenarios. Concealed carry is the only option for bringing your gun off your property. If you do participate in concealed carry, you must have a permit. Otherwise, you can be heavily penalized or lose your gun privileges.
Are High-Capacity Magazines Legal in California in 2023?
Technically, high-capacity magazines are legal in California. However, as of January 2023, the restrictions on them have tightened, so legal ownership is rare. The new law states that no one may manufacture, import, lend, buy, keep for sale, offer, or expose for sale, give, or receive a large capacity magazine. This makes it nearly impossible to legally own one, so for all intents and purposes, they are illegal.
What Are the Rules for California-Compliant Handguns?
Handguns must be safety-approved by the Department of Justice (DOJ) before they can be sold in California. This is true for all handguns, regardless of where they were manufactured, purchased, or obtained. Any handgun that is within the limits of California state lines must pass the DOJ safety tests without exception. You must be 21 years of age or older to have a handgun in California.
Contact Gibbons & Gibbons Today
California’s firearm laws are some of the most thorough in the nation. Because of this, it is easy to make a mistake that can result in a legal case. If you are accused of any type of firearm crime, you need a criminal defense attorney to advocate your case.
Our team at Gibbons & Gibbons has over 60 years of combined experience in this area. We are confident that our experience can provide a foundation for your defense claim.
For more information, please contact Gibbons & Gibbons.
