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************************************************************
CALIFORNIA FIREARMS LAWS 1991
Department Of Justice
Daniel E. Lundgren
Attorney General
************************************************************
PREFACE TO THE ELECTRONIC EDITION
This electronic edition has been produced by SoftServ
Publishing Services, Inc., by OCR-scanning in the text from the
printed document made available by the Department of Justice,
State of California. While we have proofread our edition in an
attempt to keep out errata, we make no guarantees for the
accuracy of this electronic edition, or its fidelity to the
original. For those requiring such accuracy, a printed copy may
be obtained from:
The Office of the Attorney General
Accounting Office
P.O. Box 944255, 5th floor
Sacramento, California 94244-2550.
In this edition, italics and underlining are represented by
a backslash ("\") surrounding the highlighted material; boldface
is represented by double-backslashes ("\\"). Characters or
symbols not in the AScii character set have been eliminated.
The page numbers of the original have been preserved in this
edition, and page breaks are represented by a row of asterisks.
SoftServ Publishing Services, Inc.
P.O. Box 94
Long Beach, CA 90801-0094
Voice: (213) 827-7259 M-F, 10AM - 6PM
Fax: (213) 827-7259, 24 hrs. (Manual fax: Touchtone 23 after pickup)
SoftServ Paperless Bookstore BBS: (213) 827-3160, 24 hrs.
************************************************************
This pamphlet provides a general reference to provisions of
California law governing possession and use of firearms. These
guidelines, together with simple common sense and adequate
training in firearm use, can help reduce needless deaths and
injuries and prevent unintended violations of the law.
DANIEL E. LUNGREN
Attorney General
************************************************************
CALIFORNIA FIREARMS LAWS 1991
TABLE OF CONTENTS
SECTION PAGE
INTRODUCTION 1
DEFINITIONS
Firearms 1
Handguns 1
1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
Short-Barreled Shotguns and Rifles, Camouflaging Firearm
Containers, Cane and Wallet Guns, Plastic Firearms,
Flechette Darts, Zip Guns, Unconventional Pistols,
Multiburst Trigger Activators, Explosive Bullets 1
Exceptions 3
Machine Guns 3
Assault Weapons 3
Armor-Piercing Bullets 5
Larger Caliber Weapons and Tracer Ammunition 5
Firearm Silencers 5
Sniperscopes 6
Boobytraps 6
2. PERSONS ELIGIBLE TO POSSESS HANDGUNS AND FIREARMS
Handguns and Firearms in the Home or Business 6
Licenses to Carry Concealed Weapons 6
3. PERSONS INELIGIBLE TO POSSESS FIREARMS
Persons Convicted of Felonies or Other Specified Crimes 7
Persons Convicted of Misdemeanor Violations of Specified
Offenses 8
Persons Prohibited from Possession, Purchase of Firearms as
a Condition of Probation 9
Persons Subject to Juvenile Court Law 9
Mental Patients, Mentally Disordered Sex Offenders, Persons
Adjudicated a Danger to Others, Persons Incompetent to
Stand Trial, Gravely Disabled Conservatees and Persons
Taken into Custody as a Danger to Self or Others Because
of a Mental Disorder 10
Persons Subject to a Restraining Order 10
Minors 10
4. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
Use of a Firearm or Other Deadly Force in Defense of Life
and Body 11
Self-Defense Against Assault 11
Protecting One's Home 11
Defense of Property 12
Limitations on the Use of Force in Self-Defense 12
5. CARRYING A CONCEALED WEAPON
Carrying a Concealed Handgun on One's Person or in a Vehicle
Without a License 12
Exceptions 13
Carrying a Loaded Firearm in a Public Place 14
Exceptions 14
6. FIREARMS AND PICKETING ACTIVITY
General Exceptions Are Not Applicable 15
************************************************************
7. FLAREGUNS
Lawful Possession of a Flaregun 16
Unlawful Possession of a Flaregun 16
8. SELLING AND TRANSPORTING FIREARMS AND AMMUNITION
Sale or Transfer of Firearms 16
Sale or Transfer of Firearms to Mental Patients 17
Sale or Transfer of Firearms or Related Devices to Minors 17
Sale, Manufacture, Possession or Transport of Machine Guns 17
Possession, Transport, Sale and Manufacture of Assault
Weapons 17
Use of United States Postal Service, Private Parcel Delivery
or Common Carrier 18
9. FORFEITURES OF FIREARMS
Forfeiture for Violation of the Penal Code 18
Forfeiture for Violation of the Fish and Game Code 18
10. OTHER PROHIBITED ACTS
Obliteration or Alteration of Firearm Identification 18
Firearms on School Grounds 18
Exceptions 18
Discharge of Firearms at Inhabited/Occupied Dwellings,
Buildings, Vehicles, Aircraft 19
Discharge of Firearms at Unoccupied/Uninhabited Aircraft,
Unoccupied Motor Vehicles, Buildings, Dwellings 19
Discharge of a Firearm from a Motor Vehicle 19
Threatening Acts with Firearms on Public Streets or Highways 19
Threatening Acts with Replica Firearms 20
Forfeiture of Vehicles Used in Offenses Involving the
Discharge or Brandishing of a Firearms 20
Sell or Distribute Imitation Firearms 20
Advertising of Prohibited Weapons 20
11. FIREARM SAFETY INSTRUCTION
Certificate of Completion for Hunting Licenses 20
Handgun Safety Training 21
Firearms Safety and Training Courses Provided by Firearm
Clubs or Associations 22
12. APPENDIX 1, SUMMARY OF MAJOR FIREARMS BILLS EFFECTIVE
JANUARY 1, 1991 23
************************************************************
CALIFORNIA FIREARMS LAWS 1991
CALIFORNIA FIREARMS LAWS
INTRODUCTION
This pamphlet contains a general summary of California laws
that govern common possession and use of firearms. It is not
designed to provide individual guidance for specific situations,
nor does it attempt to summarize federal law. The legality of any
specific act of possession or use will ultimately be determined
by applicable federal and state statutory and case law. Persons
having specific questions are encouraged to seek direct legal
advice from a lawyer or to consult their local law enforcement
agency or law library.
The California Department of Justice and all other public
entities are immune from any liability arising from the drafting,
publication, or dissemination of this pamphlet, or any reliance
upon it. (Penal Code, 12080.)
DEFINITIONS
\\Firearms\\
The term \firearm\ includes rifles, shotguns, revolvers,
pistols or any other device designed to be used as a weapon from
which a projectile is expelled by the force of any explosion or
other form of combustion. The term \firearm\ excludes unloaded
antique firearms and curios and relics as defined in federal law
from licensing requirements and the age, waiting period and sales
between private party provisions of Sections 12070,12071, and
12072 (b) (c) and (d) of the Penal Code respectively. (Penal
Code, 12001.) The term \firearm\ also includes, only for the
purposes of dealer licensing and reports of sales, BB and pellet
guns and spot marker guns used in war games. (Penal Code,
12001.1.)
\\Handguns\\
For purposes of this pamphlet, a \handgun\ is any pistol,
revolver, or other firearm that has a barrel length of less than
16 inches and that can be concealed upon the person. (Penal Code,
12001.)
BB, pellet, and spot marker guns are not considered conceal-
able for any purpose. (Penal Code, 12001.1.)
1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
\\Short-Barreled Shotguns and Rifles, Camouflaging Firearm Con-
tainers, Cane and Wallet Guns, Plastic Firearms, Flechette Darts,
Zip Guns, Unconventional Pistols, Multiburst Trigger Activators,
Explosive Bullets\\
It is unlawful for any person to own, possess, manufacture,
import, sell, or offer to sell any short-barreled shotgun or
short-barreled rifle, any firearm that is not immediately recog-
nizable as a firearm, any camouflaging firearm container, any
cane or wallet gun, any plastic firearm, any ammunition that
contains or consists of a flechette dart, any zip gun, any uncon-
ventional pistol, any multiburst trigger activator effective
January 1, 1992, or any bullet that contains or carries an explo-
sive agent. (Penal Code, 12001.5, 1 2020(a).)
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CALIFORNIA FIREARMS LAWS 1991 - Page 2
\A short-barreled shotgun\ means a firearm designed or rede-
signed to fire a fixed shotgun shell that has a barrel or barrels
of less than 18 inches in length or an overall length of less
than 26 inches; any weapon made from a shotgun which meets the
barrel length and overall length criteria; any device which may
be restored to fire a fixed shotgun shell which meets the barrel
length and overall length criteria; or any part or combination of
parts designed and intended to convert a device into a short-
barreled shotgun or which would permit an individual to readily
assemble a short-barreled shotgun. (Penal Code, 1 2020(c) (1).)
\A short-barreled rifle\ means a rifle having a barrel
length of less than 16 inches and an overall length of less than
26 inches; any weapon made from a rifle which meets the barrel
length and overall length criteria; any device which may be
restored to fire a fixed cartridge which meets the barrel length
and overall length criteria; or any part or combination of parts
designed and intended to convert a device into a short-barreled
rifle or which would permit an individual to readily assemble a
short-barreled rifle. (Penal Code, 1 2020(c)(2).)
\A camouflaging firearm container\ means a container de-
signed to enclose a firearm, which allows the firing of the
enclosed firearm by external controls while enclosed in the
container and which makes the firearm unrecognizable. The term
excludes any camouflage gear used in hunting. (Penal Code,
12020(c)(9).)
\A cane gun\ means any firearm mounted or enclosed in a
stick, staff, rod, crutch, or similar device designed to be, or
capable of being, used as an aid in walking, if such firearm may
be fired while mounted or enclosed therein. (Penal Code,
12020(c)(5).)
\A wallet gun\ means any firearm mounted or enclosed in a
case resembling a wallet, designed to be or capable of being
carried in a pocket or purse, if such firearm may be fired while
mounted or enclosed in such case. (Penal Code, 12020(c)(4).)
\A plastic firearm\ means any weapon, after grips, stocks
and magazines are removed, which is less detectable than the
security test devices which are used to calibrate and set walk-
through metal detectors; or a weapon which has a major component
made of barium sulfate or other compounds which do not generate
an image accurately depicting the component on the x-ray machines
commonly used at airports. (Penal Code, 1 2020(c) (22) .)
\A flechette dart\ means a dart one inch in length that is
capable of being fired from a firearm and that has tail fins that
take up five-sixteenths of an inch of the body. (Penal Code,
12020(c)(6).)
\A zip gun\ means a firearm made or altered to expel a
projectile by the force of an explosion or other form of combus-
tion which has a barrel or barrels less than 18 inches in length
or an overall length of less than 26 inches and which was not
imported by a person licensed pursuant to federal law, not de-
signed as a firearm by a manufacturer licensed pursuant to feder-
al law and on which no federal tax was paid nor exemption from
federal tax granted. (Penal Code, 12020(c)(10).)
An \unconventional pistol\ means a smooth bore pistol or
revolver having a barrel less than 18 inches in length and an
overall length of less than 26 inches. (Penal Code, 1 2020(c)
(12) .)
\A multiburst trigger activator\ means a device designed or
redesigned to be attached to a semiautomatic firearm, which
allows the firearm to discharge two or more shots in a burst by
activating the device. (Penal Code, 1 2020(c) (23).)
The term \bullet containing\ or \carrying an explosive
agent\ does not include tracer ammunition manufactured for use in
shotguns. (Penal Code, 12020(b)(6).)
************************************************************
CALIFORNIA FIREARMS LAWS 1991 - Page 3
\\Exceptions\\
The general prohibition in this section does not include
antique firearms. An \antique firearm\ is defined as any firearm
that was manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, regardless of the date of manufacture not de-
signed or redesigned for using rimfire or centerfire ammunition).
Firearms manufactured in or before 1898 that use fixed ammunition
and for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of
commercial trade are also considered antiques. (Penal Code,
12020(b)(5).)
This general prohibition also does not include any firearm
or ammunition that is a "curio" or "relic" as defined in section
178.11 of title 27 of the Code of Federal Regulations and that is
in the possession of a person permitted to possess such items
pursuant to chapter 44 (commencing with section 921) of title 18
of the United States Code and the regulations issued pursuant
thereto. (Penal Code, 12020(b)(7).)
Law enforcement agencies and military forces may purchase
and possess short-barreled shotguns and short-barreled rifles and
the Department of Justice may authorize their manufacture, pos-
session, transportation and sale by permit. (Penal Code,
12020(b)(1),
\\Machine Guns\\
It is unlawful for any person to sell, offer for sale,
possess, or knowingly transport any machine gun. (Penal Code,
12220.)
The term \machine gun\ means any weapon that shoots or is
designed to shoot more than one shot automatically (without
manual reloading) by a single function of the trigger. The term
also includes any frame or receiver of a machine gun and any part
or combination of parts designed and intended for use in convert-
ing an otherwise legal weapon into a machine gun. The term also
includes any weapon deemed by the Federal Bureau of Alcohol,
Tobacco, and Firearms as readily convertible to a machine gun
under chapter 53 (commencing with Section 5801) of Title 26 of
the United States Code. (Penal Code, 1 2200.)
These prohibitions do not apply to persons having a permit
or license issued by the California Department of Justice to
possess, transport, or sell machine guns (Penal Code, 12230,
12231, 12233, 12250) or to federal or state militia or law en-
forcement officers acting within the scope of their duties.
(Penal Code, 12201.)
\\Assault Weapons\\
It is a felony for any person to manufacture, distribute,
transport, import into California, keep, offer or expose for
sale, give or lend an assault weapon. (Penal Code, 12280).
"Assault weapon" means firearms known by the following trade
names:
(a) Rifles:
(1) Avtomat Kalashnikovs (AK) series.
(2) UZI and Galil.
(3) Beretta AR-70 (SC-70).
(4) CETME G3
(5) Colt AR-15 series and CAR-15 series
(6) Deawoo K-1, K-2, Max 1, and Max 2.
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CALIFORNIA FIREARMS LAWS 1991 - Page 4
(7) Fabrique Nationale FN/FAL, FN/LAR,and FNC.
(8) FAMAS MAS223.
(9) Heckler & Koch HK-91, H-93, KH-94, and PSG-1.
(10) MAC 10 and MAC 11.
(11) SKS with detachable magazine.
(12) SIG AMT, SIG 500 series, and SIG PE-57.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6 and SAR.
(15) Steyr AUG.
(16) Valmet M62, M71S, and M78.
(17) Armalite AR-180 Carbine.
(18) Bushmaster Assault Rifle (armgun).
(19) Calico M-900 Assault Carbine.
(20) Mandall THE TAC-1 Carbine.
(21) Plainfield Machine Company Carbine
(22) PJK M-68 Carbine.
(23) Weaver Arm Nighthawk.
(b) Pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) MAC 10 and MAC 11.
(4) INTRATEC TEC-9.
(5) Mitchell Arms Spectre Auto.
(6) Sterling MK-7.
(7) Calico M-900.
(c) Shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Gilbert Equipment Company Striker 12 and SWD Street Sweeper.
(3) Encom CM-55.
(d) Any firearm declared by a court pursuant to Section
12276.5 to be an assault weapon. (Penal Code, 12276.)
Persons who owned an assault weapon prior to June 1, 1 989,
and register the weapon by January 1, 1991, with the Department
of Justice and persons who obtain a permit from the Department of
Justice are allowed possession and transportation under limited
conditions. (Penal Code, 12280, 12286.)
Any person possessing an assault weapon which has not been
registered with the Department of Justice or who has not obtained
a permit pursuant to Section 12285 may be found guilty of a
public offense punishable by a prison or jail sentence.
Persons who obtain title to a registered assault weapon
through inheritance or who move into California in lawful posses-
sion of an assault weapon or who lawfully possess a firearm
subsequently declared an assault weapon pursuant to Section
12276.5 have 90 days to do one of the following:
(1) Obtain a permit from the Department of Justice.
(2) Sell the weapon to a licensed gun dealer as described in
Section 12290.
(3) Render the weapon permanently inoperable.
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CALIFORNIA FIREARMS LAWS 1991 - Page 5
\\Armor-Piercing Bullets\\
It is unlawful for any person to manufacture, sell, or
knowingly possess or transport handgun ammunition designed pri-
marily to penetrate metal or armor. (Penal Code, 12320, 1232t.)
\Handgun ammunition\ here means ammunition principally used
in pistols and revolvers, notwithstanding that the ammunition may
also be used in some rifles. (Penal Code, 1 2323.)
This prohibition does not apply to members of the federal or
state militia while on duty and engaged within the scope of their
duties, to any police agency or forensic laboratory, or to per-
sons who hold valid permits issued pursuant to Penal Code section
12305. (Penal Code, 12322.)
\\Larger Caliber Weapons and Tracer Ammunition\\
It is \unlawful\ to possess any of the following:
* Any projectile containing any explosive, incendiary material,
or any other chemical substance including, but not limited to,
that commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
* Any bomb, grenade, explosive missile, or similar device or any
device used to launch them.
* Any ammunition of greater than .60 caliber or any weapon which
fires fixed ammunition greater than .60 caliber, other than a
shotgun or shotgun ammunition.
* Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device, and
any projectile or similar device containing any explosive or
incendiary material or any other chemical substance, other than
the propellant for such device, except for devices designed
primarily for emergency or distress signaling purposes. (Penal
Code, 12301,12303.)
These prohibitions do not apply to members of the federal or
state militia, peace officers listed in Penal Code Section 830.1
or 830.2, or any peace officer in the Department of Justice
authorized by the Attorney General, or firefighters while on duty
and acting within the scope and course of their employment (Penal
Code, 12302) or to persons having a permit issued by the Cali-
fornia Department of Justice. (Penal Code, 12305.)
\\Firearm Silencers\\
A \silencer\ is defined as a device designed, used or in-
tended for use in silencing, diminishing or muffling the report
of a firearm including any combination of parts designed or
redesigned and intended for use in fabricating or assembling a
silencer, or any part intended only for use in assembling or
fabricating a silencer. (Penal Code, 12500.)
It is a felony for any person, firm or corporation within
this state to possess any silencer for firearms. This prohibition
does not apply to any peace officer listed in Penal Code Section
830.1, or to military or naval forces of this state or of the
United States in the official discharge of their duties nor does
it apply to the manufacture, possession, transportation or sale
to agencies listed in Penal Code Section 830.1, or to military or
naval forces of this state or of the United States by dealers
registered under chapter 53, commencing with Section 5801 of
Title 26 of the U.S. Code. (Penal Code, 12520, 12501.)
************************************************************
CALIFORNIA FIREARMS LAWS 1991 - Page 6
\\Sniperscopes\\
A \sniperscope\ is defined as a device made or adapted for
use on a firearm, which enables the operator to detect objects
during nighttime through use of a projected infrared light source
and an electronic telescope.
Any person who buys, sells, receives, disposes of, conceals,
or possesses a sniperscope is guilty of a misdemeanor. This
prohibition does not apply to authorized use or possession of
sniperscopes by members of the armed forces or peace officers and
does not prohibit use or possession solely for scientific re-
search or education purposes. (Penal Code, 468.)
\\Boobytraps\\
\Boobytraps\ are concealed or camouflaged devices designed
to cause great bodily injury when triggered by an unsuspecting
person. They include guns, ammunition, or explosives attached to
trip wires, sharpened stakes, and lines or wires with hooks
attached. It is unlawful to possess such devices with the intent
to use them as boobytraps and anyone who assembles, maintains,
places or causes such devices to be placed is guilty of a felony.
(Penal Code, 12355.)
2. PERSONS ELIGIBLE TO POSSESS HANDGUNS AND FIREARMS
Any person \not\ described as ineligible in section 3 may
lawfully possess, or have handguns or firearms in his or her
custody or control, subject to the conditions listed in sections
4 and 5.
\\Handguns and Firearms in the Home or Business\\
Any person over the age of 18 who is not prohibited from
possessing firearms and, if otherwise lawful, may keep and carry
a firearm or have a firearm loaded at his or her place of resi-
dence, temporary residence, campsite, or on private property
owned or lawfully possessed by the person. (Penal Code, 12026,
12031 (h), (1).)
Any person engaged in any lawful business (including non-
profit organizations) or any officer, employee, or agent author-
ized for lawful purposes connected with the business may possess
a loaded firearm within the place of business if that person is
over 18 years of age and not otherwise prohibited from possessing
firearms. (Penal Code, 12026, 1 2031 (h).)
NOTE: A person's place of business, residence, temporary
residence, campsite, or private property may be located in areas
where possession of handguns or firearms, whether loaded or
unloaded, is otherwise prohibited. Such areas include, but are
not limited to, state, federal, or private game reserves or
refuges, federal and state parks, and other public lands. Ques-
tions regarding the applicability of such laws should be directed
to your sheriff or chief of police, federal or state fish and
game officers, or federal or state park rangers.
\\Licenses to Carry Concealed Weapons\\
1. A license to carry a concealed handgun or other firearm
may be granted by the sheriff of the county or the chief of the
city police department where the applicant resides. Such licenses
are issued only after a finding that the applicant is of good
moral character, that good cause exists for such a license, and
the applicant is a resident of the county. (Penal Code, 12050.)
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CALIFORNIA FIREARMS LAWS 1991 - Page 7
2. Unless otherwise restricted, a license is valid through-
out the state.
3. If a California licensee has a need to travel armed in
another state, he or she should contact authorities in the other
state prior to leaving to determine if the license will be hon-
ored.
3. PERSONS INELIGIBLE TO POSSESS FIREARMS
\\Persons Convicted of Felonies or Other Specified Crimes\\
It is unlawful for any person who has been convicted of a
felony under the laws of the United States, the State of Califor-
nia, or any other state, government, or country, or for any
person who is addicted to any narcotic drug to own or have \any\
\firearm\ in his or her possession, custody, or control. (Penal
Code, 12021 (a).)
A \federal felony conviction\ refers to a conviction of an
offense that can only result in felony punishment under Califor-
nia law, or any sentence to a federal correctional facility for
more than 30 days, or a fine of more than $1,000, or both. (Penal
Code, 12021 (c).)
Any person who has been convicted of \any\ of the following
crimes specified in Penal Code Sections 12001.6 and 12021.1,
whether as a felony or misdemeanor, may not lawfully possess or
have custody or control of any firearm:
* Murder or voluntary manslaughter.
* Mayhem.
* Rape.
* Sodomy or oral copulation by force, violence, duress, menace,
or threat of great bodily harm.
* Lewd acts on a child under the age of 14 years.
* Any felony punishable by death or life imprisonment in the
state prison.
* Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, which has been
charged and proven, or any felony in which the defendant uses a
firearm which has been charged and proven.
* Attempted murder.
* Assault with intent to commit rape or robbery.
* Assault with a deadly weapon or instrument on a peace officer.
* Assault by a life prisoner on a non-inmate.
* Assault with a deadly weapon by an inmate.
*Arson.
* Exploding a destructive device or any explosive with intent to
injure or murder.
* Exploding a destructive device or any explosive causing great
bodily harm.
* Robbery.
* Kidnapping.
* Taking of a hostage by a state prison inmate.
* Attempt to commit a felony punishable by death or imprisonment
in the state prison for life.
* Any felony in which the defendant personally used a dangerous
or deadly weapon.
* Escape from a state prison by use of force or violence.
* Assault with a deadly weapon or force likely to produce great
bodily injury.
* Any attempt to commit any of the above crimes other than an
assault. (Penal Code, 12021. 1 .)
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CALIFORNIA FIREARMS LAWS 1991 - Page 8
* Assault upon a person with a firearm. (Penal Code, 245(a),
12001.6.)
* Shooting at an inhabited dwelling, house or occupied building.
(Penal Code, 246, 1 2001 .6.)
(NOTE: This offense is committed even though no person was actu-
ally inside the specified structure at the time of the shooting.)
* Drawing, exhibiting, or unlawfully using any handgun or fire-
arm in a rude, angry, or threatening manner regardless of whether
the firearm was loaded. (Penal Code, 417(a)(2), 12001.6.)
* Drawing or exhibiting any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner in the presence of a
peace officer who is engaged in the performance of his or her
duty. (Penal Code, 41 7(b), 12001.6.)
\\Persons convicted of misdemeanor violations of speciFied of-
fenses\\
Any person who has been convicted of a misdemeanor violation
for the following offenses is prohibited from owning, possessing
or having under his or her custody or control any firearm within
10 years of the conviction:
* Possession of a deadly weapon with the intent to intimidate a
witness. (Penal Code, 1 36.5.)
* Threatening witnesses, victims, or informants while committing
another misdemeanor. (Penal Code. 1 40.)
* Unauthorized possession of a weapon in a courtroom, courthouse
or court building, or at a public meeting. (Penal Code, 171
(b).)
* Bringing into or possessing a loaded firearm within the state
capitol, legislative offices, etc. (Penal Code, 171 (c).)
* Taking into or possessing loaded firearms within the
governor's mansion or residence or other constitutional officer,
etc. (Penal Code, 171 (d).)
* Assault. (Penal Code, 241.)
* Battery. (Penal Code, 243.)
* Assault with a stun gun or taser weapon. (Penal Code, 244.5.)
* Assault with a deadly weapon or instrument, by any means
likely to produce great bodily injury or with a stun gun or taser
on a school employee engaged in performance of duties. (Penal
Code, 245.5.)
* Discharging a firearm in a grossly negligent manner. (Penal
Code, 246.3.)
* Shooting at an unoccupied aircraft, motor vehicle, or uninhab-
ited building or dwelling house. (Penal Code, 247.)
* Drawing, exhibiting, or using any deadly weapon other than a
firearm. (Penal Code, 41 7(a) (1).)
* Drawing or exhibiting, selling, manufacturing, or distributing
firearm replicas or imitations. (Penal Code, 417.2.)
* Bringing into or possessing firearms upon or within public
schools and grounds. (Penal Code, 626.9.)
* Driver of any vehicle who knowingly permits another person to
discharge a firearm from the vehicle or any person who willfully
and maliciously discharges a firearm from a motor vehicle. (Penal
Code, 12034(b)(d).)
* Person or corporation who sells any concealable firearm to any
minor. (Penal Code, 1 21 00(a).)
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CALIFORNIA FIREARMS LAWS 1991 - Page 9
* Possession of ammunition designed to penetrate metal or armor.
(Penal Code, 1 2320.)
* Carrying a concealed or loaded firearm or other deadly weapon
or wearing a peace officer uniform while picketing. (Penal Code,
12590.)
\\Persons Prohibited From Possession, Purchase of Firearms As a
Condition of Probation\\
Any person convicted of any crime for which the express
condition of probation prohibits or restricts the possession of
firearms may not lawfully own, possess, control, receive or
purchase a firearm for the duration of the probation. (Penal
Code, 12021 (d).)
\\Persons Subject to Juvenile Court Law\\
Any person subject to juvenile court law and adjudged a ward
of the juvenile court for the following offenses described in
Welfare & Institutions Code Section 707(b) shall not own, pos-
sess, or have under his or her custody or control any firearm
until reaching 30 years of age. (Penal Code, 12021 (e).)
* Murder.
* Arson of an inhabited building.
* Robbery while armed with a dangerous or deadly weapon.
* Rape with force or violence or threat of great bodily harm.
* Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
* Lewd or lascivious act on a child under the age of 14. (Penal
Code, 288(b).)
* Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
* Sexual assault with a foreign object. (Penal Code, 289.)
* Kidnapping for ransom.
* Kidnapping for purpose of robbery.
* Kidnapping with bodily harm.
* Assault with intent to murder or attempted murder.
* Assault with a firearm or destructive device.
* Assault by any means of force likely to produce great bodily
injury.
* Discharge of a firearm into an inhabited or occupied building.
* Specified crimes against persons 60 years of age or older,
blind persons, paraplegics or quadriplegics as described in Penal
Code Section 1203.09.
* Use of a firearm in the commission or attempted commission of
a felony; discharge of a firearm at an occupied motor vehicle
causing great bodily injury or death; use of a firearm to commit
the controlled substances violations described in Penal Code
Section 1 2022.5.
* Any felony offense in which the minor personally used a weapon
described in Penal Code Section 12020(a).
* Felony intimidation of a witness and victim as described in
Penal Code Section 136.1 or influencing the testimony or informa-
tion given to a law enforcement official as described in Penal
Code Section 137.
* Manufacturing, compounding, or selling one-half ounce or more
of any salt solution of a controlled substance specified in
Health and Safety Code Section 11 055(e).
* Any of the specified violent felonies listed in Penal Code
Section 667.5(c) committed for the benefit, direction, or associ-
ation with any criminal street gang as described in Penal Code
Section 1 86.22(b).
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CALIFORNIA FIREARMS LAWS 1991 - Page 10
\\Mental Patients, Mentally Disordered Sex Offenders, Persons
Adjudicated a Danger to Others, Persons Incompetent to Stand
Trial, Gravely Disabled Conservatees and Persons Taken Into
Custody As a Danger to Self or Others Because of a Mental Disor-
der\\
No person who is a mental patient in any hospital or institution,
or on leave of absence from any hospital or institution, shall
own or have any firearm or other deadly weapon in his or her
possession or under his or her custody or control. (Welfare and
Institutions Code, 81 00.)
No person who has been adjudicated by a court of any state
to be a danger to others as a result of mental disorder or mental
illness, or a mentally disordered sex offender shall have any
firearm in his or her possession, custody, or control. (Welfare
and Institutions Code, 81 03(a).)
No person who has been found not guilty by reason of insani-
ty of any crime in any state shall have any firearm in his or her
possession, custody, or control. (Welfare and Institutions Code,
8103(b).)
No person found by a court to be mentally incompetent to
stand trial on a criminal charge shall have any firearm in his or
her possession, custody, or control. (Welfare and Institutions
Code, 81 03(d).)
No person who has been placed under conservatorship by a
court, because the person is gravely disabled, shall have any
firearm in his or her possession, custody, or control, where
prohibited by the court. (Welfare and Institutions Code,
8103(e).)
No person who has been taken into custody, assessed and
admitted to a designated facility because that person is a danger
to himself, herself, or others or has been certified for inten-
sive treatment shall own, possess, control, receive or purchase
any firearm for a period of five years after the person is re-
leased from the facility. (Welfare & Institutions Code,
8103(f)(g).)
NOTE: Any individual who knowingly supplies, sells, gives,
or otherwise allows these persons to possess or control any fire-
arm or other deadly weapon is guilty of a felony. (Welfare and
Institutions Code, 8101.)
\\Persons Subject to a Restraining Order\\
Persons who are subject to a restraining order issued by a
court pursuant to section 545, 545.5, 546 or 547 of the Code of
Civil Procedures or persons who are prohibited from firearm
possession as a condition of probation may not possess or pur-
chase a firearm for the duration of the restraining order or
probation. (Penal Code, 12021 (d)(g).)
\\Minors\\
It is unlawful for any person to sell any firearm to a minor.
(Penal Code, 12551, 1 21 00.)
It is unlawful for any person to furnish any firearm, airgun
or gas-operated gun designed to fire a bullet, pellet or metal
projectile to any minor without permission of the minor's parent
or legal guardian. (Penal Code, 12552,12100.)
No minor shall have in his or her possession, any handgun
unless the minor has the written permission of his or her parent
or guardian or is accompanied by the parent or guardian while in
possession of the handgun. (Penal Code, 12101.)
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CALIFORNIA FIREARMS LAWS 1991 - Page 11
No minor may possess live ammunition for any firearm unless
the minor has the written permission of his or her parent or
guardian or is accompanied by the parent or guardian or is going
to or from an organized lawful recreational or competitive shoot-
ing or hunting activity. (Penal Code, 12101.)
A minor is any person under 18 years of age. (Civil Code,
25.)
4. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
The question of whether use of a firearm is justified for
self-defense cannot be reduced to a simple list of factors. This
section is based on the instructions generally given to the jury
in a criminal case where self-defense is claimed and illustrates
the general rules regarding use of firearms in self-defense.
\\Use of a Firearm or Other Deadly Force in Defense of Life and Body\\
The killing of one person by another may be justifiable when
necessary to resist the attempt to commit a forcible and life-
threatening crime, \provided\ that a reasonable person in the
same situation would believe that: a) the person killed intended
to commit a forcible and life-threatening crime; b) there was
imminent danger of such crime being accomplished; and, c) the
person acted under the belief that such force was necessary to
save himself or herself or another from death or a forcible and
life-threatening crime. Murder, mayhem, rape, and robbery are
examples of forcible and life-threatening crimes.
\\Self-Defense Against Assault\\
It is lawful for a person being assaulted to defend himself
or herself from attack if he or she has reasonable grounds for
believing, and does in fact believe, that he or she will suffer
bodily injury. In doing so, he or she may use such force, up to
deadly force, as a reasonable person in the same circumstances
would believe necessary to prevent imminent injury
An assault with fists does not justify use of a deadly
weapon in self-defense unless the person being assaulted be-
lieves, and a reasonable person in the same circumstances would
also believe, that the assault is likely to inflict great bodily
injury.
It is lawful for a person who has grounds for believing, and
does in fact believe, that bodily injury is about to be inflicted
upon another to protect the victim from attack. In so doing, the
person may use such force as reasonably necessary to prevent the
injury.
NOTE: The use of \excessive force\ to counter an assault may
result in civil or criminal penalties.
\\Protecting One's Home\\
A person may defend his or her home against anyone who
attempts to enter in a violent manner intending violence to any
person in the home. The amount of force that may be used in
resisting such entry is limited to that which would appear neces-
sary to a reasonable person in the same or similar circumstances
to resist the violent entry. One is not bound to retreat, even
though a retreat might safely be made. One may resist force with
force, increasing it in proportion to the intruder's persistence
and violence, if the circumstances apparent to the occupant would
cause a reasonable person in the same situation to fear for his
or her safety.
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CALIFORNIA FIREARMS LAWS 1991 - Page 12
The occupant may use a firearm when resisting the intruder's
attempt to commit a forcible and life-threatening crime against
anyone in the home \provided\ that a reasonable person in the
same situation would believe that: a) the intruder intends to
commit a forcible and life-threatening crime; b) there is immi-
nent danger of such crime being accomplished; and, c) the occu-
pant acts under the belief that use of a firearm is necessary to
save himself or herself or another from death or great bodily
injury. Murder, mayhem, rape, and robbery are examples of forci-
ble and life-threatening crimes.
Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed
to have held a reasonable fear of imminent peril of death or
great bodily injury to self, family, or a member of the household
when that force is used against another person, not a member of
the family or household, who unlawfully and forcibly enters or
has unlawfully and forcibly entered the residence and the person
using the force knew or had reason to believe that an unlawful
and forcible entry had occurred. Great bodily injury means a
significant or substantial physical injury. (Penal Code, 198.5.)
NOTE: If the presumption is rebutted by contrary evidence,
the occupant may be criminally liable for an unlawful assault or
homicide.
\\Defense of Property\\
The lawful occupant of real property has the right to re-
quest a trespasser to leave the premises. If the trespasser does
not do so within a reasonable time, the occupant may use force to
eject the trespasser.
The amount of force that may be used to eject a trespasser
is limited to that which a reasonable person would believe to be
necessary under the circumstances.
\\Limitations on the Use of Force in Self-Defense\\
The right of self-defense ceases when there is no further
danger from an assailant. Thus, where a person attacked under
circumstances initially justifying self-defense renders the at-
tacker incapable of inflicting further injuries, the law of self-
defense ceases and no further force may be used.
The right of self-defense is not initially available to a
person who assaults another. However, if such person attempts to
stop further combat and clearly informs the adversary of his or
her desire for peace but the opponent nevertheless continues the
fight, the right of self-defense returns and is the same as the
right of any other person being assaulted.
5. CARRYING A CONCEALED WEAPON
\\Carrying a Concealed Handgun on One's Person or in a Vehicle
without a License\\
It is unlawful for any person to carry a handgun concealed
upon his or her person or in a vehicle without a license issued
pursuant to Penal Code Section 12050. (Penal Code, 1 2025(a)
(b).)
A firearm carried openly in a belt or holster is not con-
cealed within the meaning of the above prohibition. (Penal Code,
12025(c).)
A firearm locked in a motor vehicle's trunk or in a locked
container carried in the vehicle other than in the utility or
glove compartment, is not concealed within the meaning of Penal
Code Section 12025; neither is a firearm carried by a person
directly to or from a motor vehicle for any lawful purpose when
it is carried within a locked container. (Penal Code, 12026. 1 .)
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CALIFORNIA FIREARMS LAWS 1991 - Page 13
CAUTION: Even if carried openly, the firearm \may not be loaded\.
(Penal Code, 12031 (a).) Also, see carrying a loaded firearm in a
public place.
\\Exceptions\\
The prohibition against carrying concealed firearms does not
apply to:
* Firearms kept or carried openly or concealed at the residence,
place of business, or on private property owned or lawfully
possessed by an adult (18 years of age or older), provided such
possession is otherwise lawful. (Penal Code, 12026.)
* Use by authorized participants in motion pictures, television
or video productions or possession by participants while travel-
ing directly to or from such events.
* Members of any club or organization organized for the purpose
of lawfully collecting and lawfully displaying pistols, revolvers
or other firearms while at meetings of the clubs or organizations
or while going directly to and coming directly from those meet-
ings.
* Participants transporting a firearm while traveling directly
to or from recognized safety or hunter safety classes or recog-
nized sporting events involving that firearm.
* A homeowner or business person directly transporting a firearm
from home to business or from business to home.
* Persons going directly to or from a fixed place of business or
private residential property for the purpose of the lawful repair
or lawful transfer of a firearm.
* Persons traveling from a place where they lawfully received a
firearm to their place of residence or business.
* Persons transporting firearms directly to or from gun shows,
swap meets or similar public events for the purpose of displaying
them lawfully.
* Suppliers of firearms and their authorized employees or agents
when transporting firearms directly to or from a motion picture,
television, video or entertainment production for the purpose of
providing firearms for the use of authorized participants in such
productions.
* Persons transporting firearms for the purpose of practicing
target shooting at licensed ranges.
* Persons transporting a firearm at the request of a licensing
agency when seeking a license to carry a concealed weapon.
* Persons who believe they are in grave danger due to circum-
stances forming the basis of a current restraining order issued
by a court against a person or persons found to pose a threat to
the person's life or safety.
These exceptions require that firearms being transported shall be
unloaded and kept in a secure container which is fully enclosed
and locked by a padlock, key lock, combination lock or similar
locking device. A motor vehicle utility or glove compartment does
not constitute a "locked container." (Penal Code, 12026.2.)
* The prohibition against carrying concealed firearms also does
not apply to:
* Peace officers, retired peace officers and retired federal
officers or agents as defined in Penal Code Sections 830.1,
830.2,830.5, 12027(a) and 12031 (b).
* Merchants who possess or transport unloaded firearms as merch-
andise who are licensed to engage in the business of manufactur-
ing, repairing or dealing in firearms and their authorized repre-
sentatives or agents.
* Members of the federal and state militia when on duty.
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CALIFORNIA FIREARMS LAWS 1991 - Page 14
* Members of duly authorized military or Civil organizations
while parading or when going to and from the meeting places of
such organizations.
* Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other valuables.
* Members of any club or organization organized for the purpose
of practicing shooting at targets upon established target ranges,
whether public or private, while such members are using firearms
upon such target ranges, or while going to and from such ranges.
* Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from such hunting or
fishing expedition.
* Persons operating licensed common carriers or their authorized
agents or employees when transporting unloaded firearms in con-
formance with applicable federal law.
* Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents who were
assigned to duty in this state for at least one year or who
retired from active service in this state.
* Notwithstanding the exceptions cited here for authorized
members of military or civil organizations, shooting clubs and
licensed hunters or fishermen, these individuals still should not
carry or transport \loaded\ firearms when going to or from sanc-
tioned activities. The firearm should be locked in the trunk of
the vehicle or, if the vehicle has no trunk, placed in a locked
container within the vehicle other than in the utility or glove-
compartment. (Penal Code, 12026.1,12027.)
\\Carrying a Loaded Firearm in a Public Place\\
It is unlawful to carry a loaded handgun or other type of
firearm on one's person or in a vehicle while in any public
place, on any public street, or in any place where it is unlawful
to discharge a firearm. (Penal Code, 12031 (a).)
A firearm is deemed loaded when there is a live cartridge or
shell in, or attached in any manner to, the firearm, including
but not limited to the firing chamber, magazine, or clip. A
muzzle-loading firearm is deemed loaded when it is capped or
primed and has a powder charge and ball or shot in the barrel or
cylinder. (Penal Code, 12031 (g).)
It is a misdemeanor for the driver of any motor vehicle, or
the owner of any motor vehicle irrespective of whether the owner
is occupying the vehicle, to knowingly permit any person to carry
a loaded firearm in the vehicle in violation of Penal Code Sec-
tion 12031 or Fish and Game Code Section 2006. (Penal Code,
12034.) Also, see Section 10 of this publication for prohibited
acts.
In order to determine whether a firearm is loaded for the
purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or
in a vehicle while in any public place, on any public street, or
in any prohibited area of an unincorporated territory. Refusal to
allow a peace officer to inspect a firearm pursuant to the provi-
sions of this section is itself grounds for arrest for violation
of this section. (Penal Code, 12031 (e).)
\\Exceptions\\
The prohibition does not apply to:
* Any person hunting in an area where possession and hunting is
otherwise lawful. (Penal Code, 12031 (i).)
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CALIFORNIA FIREARMS LAWS 1991 - Page 15
* Any person who carries a loaded firearm while engaged in the
act of making or attempting to make a lawful arrest, provided
such possession is otherwise lawful. (Penal Code, 12031 (k).)
* Any person carrying a loaded firearm, if otherwise lawful,
when he or she reasonably believes his or her person or property
is in immediate, grave danger and that the carrying of the loaded
firearm is necessary for preservation of the person or property
during the time interval following notification of the local law
enforcement agency and prior to the arrival of its assistance.
(Penal Code, 12031 a).)
* Any of the following persons, \provided\ they meet all crite-
ria for such exemption, such as possession of special occupation-
al licenses or completion of the required firearms training
provided for in Penal Code Sections 12031 (b), (c), and (d):
* Peace officers and retired peace officers.
* Federal and state militia members.
* Target shooters at target ranges and shooting club members
while hunting on the club premises, provided possession and use
of the firearm are otherwise lawful.
* Holders of concealed handgun licenses.
* Armored vehicle guards.
* Animal control officers or zookeepers.
* Guards or messengers of common carriers, banks, and other
financial institutions.
* Guards of contract carriers operating armored vehicles.
* Private investigators, private patrol operators, and alarm
company operators.
* Uniformed security guards or night watchmen employed by any
public agency.
* Uniformed security guards and uniformed alarm agents of an
alarm company operator.
* Uniformed employees of private patrol operators.
NOTE: Peace officers and honorably retired peace officers
having properly endorsed identification certificates may carry a
concealed weapon at any time. Otherwise, these exemptions apply
only when the firearm is carried within the scope of the exempted
conduct, such as hunting or target shooting, or within the course
and scope of assigned duties, such as an armored vehicle guard
transporting money for his employer. A person who carries a
loaded firearm outside the limits of the applicable exemption is
in violation of the law, notwithstanding his or her possession of
an occupational license or firearms training certificate. (Penal
Code, 12031 (b).)
6. FIREARMS AND PICKETING ACTIVITY
It is unlawful for any person to carry a loaded firearm upon
his or her person or within any vehicle under his or her control
or direction while engaged in picketing activity. (Penal Code,
12590(a)(2).)
\Picketing activity\ means any informational activities
conducted in a public place relating to a concerted refusal to
work.
\\General Exceptions Are Not Applicable\\
The exceptions provided peace officers, bank guards, armored
vehicle guards, licensed hunters or fishermen, private investiga-
tors, and other persons provided in Section 5 of this
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CALIFORNIA FIREARMS LAWS 1991 - Page 16
publication do \not\ apply if such individuals are engaged in
picketing activities as described above. (Penal Code, 12590(c).)
7. FLAREGUNS
\A flaregun\ is any loaded or unloaded rocket, rocket pro-
pelled projectile launcher, or similar device designed primarily
for emergency or distress-signaling purposes. (Penal Code,
12031.1.) It is not designed to be used as a weapon and thus is
not a firearm within the definition of Penal Code Section 12001
(a); however, incidents involving persons carrying flareguns as
weapons have been reported.
\\Lawful Possession of a Flaregun\\
A person may lawfully possess a flaregun aboard any vessel
or aircraft, or while in or traveling to and from a permitted
hunting area, if the individual is carrying a valid California
hunting permit or license. (Penal Code, 12031.1.)
\\UnlawFul Possession of a Flaregun\\
Except as provided for in the previous paragraph, it is
unlawful for any person to carry a flaregun concealed on his or
her person or within any vehicle under his or her control or di-
rection. (Penal Code, 12001 (d), 1 2025(a), (b).)
Except as described above, it is unlawful for any person to
carry a loaded flaregun on his or her person or in a vehicle in
any public place. (Penal Code, 12001 (d), 1 2D31 (a).)
8. SELLING AND TRANSPORTING FIREARMS AND AMMUNITION
\\Sale or Transfer of Firearms\\
It is unlawful for any person to engage in the business of
selling, transferring, offering, or exposing for sale, lease or
transfer any \firearm\ unless he or she is licensed pursuant to
Penal Code Section 12071. The term, engage in the business, does
not include: the sale, lease, or transfer of a firearm by a
person acting under a court order issued pursuant to the enforce-
ment of judgements law (Title 9, Section 680.10 et al of part 2
of the Code of Civil Procedure) or by a person liquidating a
personal firearm collection to satisfy a court judgement; a sale,
lease or transfer of a firearm pursuant to subdivision (c) of
Penal Code Section 12028; the sale, lease or transfer of a fire-
arm by a person disposing of firearms received by bequest or
intestate succession within 60 days of receipt; or the infrequent
sale, lease, transfer or offering or exposing of firearms for
sale, lease or transfer. Infrequent means five or less sales per
year of any number of handguns or irregular and occasional sales
of other firearms. (Penal Code, 12070.)
It is unlawful for a person who is not a licensed firearm
dealer to sell or otherwise transfer a firearm to a nonlicensed
person. Nonlicensed sellers or transferors and buyers or trans-
ferees must complete a sale or transfer through a licensed deal-
er. (Penal Code, 12072(d), 12082.)
It is unlawful for any person to sell or otherwise transfer
a firearm to any person who is known to be prohibited pursuant to
Penal Code Section 12021 or 12021.1 or Welfare and Institutions
Code Section 8100, 8103, and it is unlawful for a dealer to sell
or otherwise transfer a handgun to any person under the age of 21
years or any other firearm to any person under 18 years of age.
Any dealer violating the age provisions more than once may be
convicted of a felony. (Penal Code, 12072, 12100.)
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CALIFORNIA FIREARMS LAWS 1991 - Page 17
For purposes of dealer licensing and reporting as specified in
Penal Code Sections 1 2070l 1 2071, and 1 2072(b) (c) and (d)
respectively, the term firearm does not include unloaded antique
firearms as defined in Section 921 (a)(16) of Title 18 United
States Code or curios or relics as defined in Section 178.11 of
Title 27 of the Code of Federal Regulations. (Penal Code, 12001.)
\\Sale or Transfer of Firearms to Mental Patients\\
It is unlawful for any person to sell, supply, give, or
allow possession or control of any firearm or other deadly weapon
to a person who is a mental patient in any hospital or institu-
tion or on leave of absence from any hospital or institution;
adjudicated a danger to others or a mentally disordered sex
offender; found not guilty by reason of insanity of any crime;
found incompetent to stand trial; placed under conservatorship by
a court as gravely disabled wherein possession of a firearm would
present a danger to self or others or who has been taken into
custody and placed in a county mental health facility for treat-
ment and evaluation because he or she is a danger to self or
others as a result of mental disorder. (Welfare and Institutions
Code, 8100, 81 01 .)
\\Sale or Transfer of Firearms or Related Devices to Minors\\
It is unlawful for any person to \sell\ a handgun or other
type of firearm to a minor. (Penal Code, 12551, 12100.)
It is unlawful for any person to \furnish\ a handgun or
other type of firearm, airgun, or gas-operated gun designed to
fire a bullet, pellet, or metal projectile to any minor without
permission of the minor's parent or legal guardian. (Penal Code,
12552, 12101.) A minor is any person under 18 years of age.
(Civil Code, 25.)
\\Sale, Manufacture, Possession or Transport of Machine Guns\\
It is unlawful for persons to sell, manufacture or transport
machine guns unless they possess a license or permit issued by
the Department of Justice.
\\Possession, Transport, Sale and Manufacture of Assault
Weapons\\
Persons may possess or transport an assault weapon, as
defined, if the weapon has been registered with the Department of
Justice or if the person has obtained a permit for that weapon
from the Department of Justice. (Penal Code, 12276, 12280,
12285, 1 2286.)
An assault weapon may be transported for any lawful purpose
if it is either securely locked in the trunk of a vehicle or in a
locked container carried inside the vehicle. (Penal Code,
12285(c)(6), 12026.1.)
Persons in lawful possession of an assault weapon may sell
it only to a licensed firearm dealer or may elect to relinquish
the weapon to a police or sheriff's department. (Penal Code,
12285, 12288.)
The Department of Justice may issue permits for the manufac-
ture of assault weapons to federally licensed manufacturers of
firearms for sale to law enforcement agencies, persons having
permits to possess assault weapons, persons out of state who have
federal firearm dealers licenses entitling them to sell these
weapons to federal law enforcement and military agencies, and law
enforcement or military agencies in other states and for sale to
foreign governments and agencies approved by the United States
State Department. (Penal Code, 12287.)
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CALIFORNIA FIREARMS LAWS 1991 - Page 18
\\Use of United States Postal Service, Private Parcel Deliv-
ery or Common Carriers\\
Federal law prohibits the sending of firearms or ammunition
through the United States postal service. Private parcel delivery
or shipping companies should be consulted before shipping fire-
arms or ammunition.
Federal and state laws prohibit the carrying of any firearm
or ammunition aboard any commercial passenger airplane. Similar
restrictions may apply to other common carriers such as trains,
ships, and buses. Persons who wish to ship or carry firearms or
ammunition on a common carrier should always consult the carrier
in advance.
9. FORFEITURES OF FIREARMS
\\Forfeiture for Violation of the Penal Code\\
Penal Code Section 12028 requires forfeiture of (a) any
handgun illegally carried upon the person or within any vehicle
and (b) any firearm used in the commission or attempted commis-
sion of any felony or specified misdemeanor. Penal Code Section
12029 requires forfeiture of any short-barreled shotgun, short-
barreled rifle, cane gun, wallet gun, plastic firearm, firearm
not immediately recognizable as a firearm, zip gun, multiburst
trigger activator or unconventional pistol as specified in Penal
Code Section 12020. Penal Code Section 12251 requires forfeiture
of any machine gun possessed in violation of the permit and/or
license provisions of Penal Code Sections 1223012250.
\\Forfeiture for Violation of the Fish and Game Code\\
Fish and Game Code Section 12157 permits the court to order
forfeiture of any device illegally used to take birds, mammals,
fish, reptiles, or amphibian. Depending upon the facts of the
case, this forfeiture may include firearms.
10. OTHER PROHIBITED ACTS
\\Obliteration or Alteration of Firearm Identification\\
* It is a felony to obliterate or alter the identification marks
placed on any firearm including the make, model, serial number or
any distinguishing mark lawfully assigned by the owner or by the
Department of Justice. (Penal Code, 12090.)
* Possession of any pistol or revolver having its identification
obliterated or altered is presumptive evidence that the possessor
performed the obliteration or alteration. (Penal Code, 12091.)
* It is a misdemeanor for a person knowingly to buy, sell, or
possess a firearm when its identification has been obliterated or
altered. (Penal Code, 12094.)
\\Firearms on School Grounds\\
It is unlawful for any person to possess or bring a firearm
upon the grounds of or into any public school including the
University of California, California State Universities and
California community colleges. (Penal Code, 626.9).
\\Exceptions:\\
* Written permission of the school District Superintendent,
designee, or equivalent school authority.
* Any peace officer per Penal Code Section 830 who is carrying
out official duties.
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CALIFORNIA FIREARMS LAWS 1991 - Page 19
* Any person summoned by such peace officer to assist in making
an arrest or preserving the peace while actually so engaged.
* Members of federal or state military forces while engaged in
performance of duty.
* Any person authorized to carry a concealed firearm pursuant to
Penal Code Section 1 2050.
* An armored vehicle guard actually engaged in performance of
duty pursuant to Business and Professions Code Section 7521.
\\Discharge of Firearms at Inhabited/Occupied Dwellings, Build-
ings, Vehicles, Aircraft\\
It is a felony for any person to maliciously and willfully
discharge a firearm at an inhabited dwelling house, occupied
building, occupied motor vehicle, occupied aircraft, inhabited
housecar, or inhabited camper punishable by a minimum sentence of
6 months in jail and a maximum of 7 years in prison. (Penal Code,
246.) Persons convicted of a felony or an attempt to commit a
felony which involved the discharge of a firearm at an occupied
motor vehicle causing great bodily injury or the death of another
are subject to a sentence of five years in prison in addition and
consecutive to the sentence prescribed for the felony. (Penal
Code, 12022.5.)
\\Discharge of Firearms at Unoccupied/Uninhabited Aircraft,
Unoccupied Motor Vehicles, Buildings, Dwellings\\
It is a felony for anyone to willfully and maliciously
discharge a firearm at an unoccupied aircraft. It is a public
offense punishable by a jail or prison sentence of up to one year
for any person to discharge a firearm at an unoccupied motor
vehicle, building or dwelling except for an abandoned vehicle
where otherwise lawful, an unoccupied motor vehicle with permis-
sion of the owner of that vehicle and otherwise lawful, or unin-
habited building or dwelling with permission of the owner and
otherwise lawful. (Penal Code, 247.)
\\Discharge of a Firearm from a Motor Vehicle\\
Persons with proven intent who inflict great bodily injury,
as defined in Penal Code Section 12022.7, or cause the death of a
person who is not an occupant of a motor vehicle as a result of
discharging a firearm from a motor vehicle in the commission of a
felony or attempted felony shall be punished by a term of five
years in state prison. This term is in addition and consecutive
to the punishment prescribed for the felony of which the person
is convicted. (Penal Code, 12022.55.)
A driver or owner of a motor vehicle who allows any person
to discharge a firearm from the vehicle may be punished by up to
three years imprisonment in state prison and any person who
willfully and maliciously discharges a firearm from a motor
vehicle at a person who is not an occupant of a motor vehicle is
guilty of a felony punishable by up to seven years in state
prison. (Penal Code, 12034.)
\\Threatening Acts; with Firearms on Public Streets or Highways\\
It is a felony for a person to draw or exhibit a firearm
that is loaded or unloaded in a threatening manner against an
occupant of a motor vehicle which is on a public street or high-
way in such a way that would cause a reasonable person apprehen-
sion or fear of bodily harm. (Penal Code, 417.3.)
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CALIFORNIA FIREARMS LAWS 1991 - Page 20
\\Threatening Acts with Replica Firearms\\
It is a misdemeanor for a person to draw or exhibit a repli-
ca of a firearm in a threatening manner against another in a way
which would cause a reasonable person apprehension or fear of
bodily harm. A replica firearm means any device with the apparent
capability of expelling a projectile by the force of an explosion
or air which can be reasonably perceived as an actual firearm
including starter pistols and air guns. (Penal Code, 417.2.)
\\Forfeiture of Vehicles Used in Offenses Involving the Discharge
or Brandishing of a Firearm\\
Courts are required to order the forfeiture and sale of
motor vehicles used in the commission of first or second degree
murder, manslaughter, attempted murder, assault with a deadly
weapon or the unlawful discharge or brandishing of a firearm from
or at an occupied vehicle where a victim is killed, attacked or
assaulted from or in a motor vehicle by the use of a firearm on
public streets and highways. (Penal Code, 246.1.)
\\Sell or Distribute Imitation Firearms\\
Any person who sells or distributes imitation firearms
(realistic replicas of existing firearms) may be liable for fines
of up to $10,000 for each violation. (Penal Code 417.2.)
\\Advertising of Prohibited Weapons\\
It is unlawful for any person to advertise the sale of any
firearm or other weapon whose possession is prohibited by Section
12020,12220, or 12280. (Penal Code, 12020.5.) Anyone having a
question on the possession, purchase, or carrying of a firearm or
the legality of any shooting act should consult their local law
enforcement agency or law library or seek advice from a lawyer.
11. FIREARM SAFETY INSTRUCTION
\\Certificate of Completion for Hunting Licenses\\
Fish and Game Code Section 3050 and the California Code of
Regulations, Title 14, Section 710 provide that no hunting li-
cense shall be issued unless the applicant:
a. has held a hunting license issued by this state in a
prior year; or
b. has a certificate of completion in hunter safety, princi-
ples of conservation, and sportsmanship, with a hunter safety
instruction validation stamp affixed thereto; or
c. has a certificate documenting successful completion of a
hunter safety course in another state; or
d. presents such other evidence of completion of a course in
hunter safety, principles of conservation, and sportsmanship as
the Fish and Game Commission may require; or
e. presents evidence of the satisfactory completion of a
hunter safety equivalency examination in the form of a certifi-
cate of equivalency which has a validation stamp affixed thereto.
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CALIFORNIA FIREARMS LAWS 1991 - Page 21
The Department of Fish and Game designates hunter safety
instructors qualified to give hunter safety instruction and issue
the certificate required above. Persons desiring to take a course
in hunter safety training for licensing may write or call the
nearest Department of Fish and Game office for a list of instruc-
tors in their area:
\\Department of Fish and Game (Region 1)\\
601 Locust Street
Redding, California 96001
(916) 225-2300
\\Department of Fish and Game (Region 2)\\
1701 Nimbus Road, Suite A
Rancho Cordova, California 95670
(916) 355-7040
\\Department of Fish and Game (Region 3)\\
P. 0. Box 47
Yountville, California 94599
(707) 944-5541
\\Department of Fish and Game (Region 4)\\
1234 East Shaw Avenue
Fresno, California 93710
(209) 445-6454
\\Department of Fish and Game (Region 5)\\
330 Golden Shore, Suite 50
Long Beach, California 90802
(213) 590-5185
\\Handgun Safety Training\ \
Private patrol operators, security guards, alarm company
operators, responding alarm agents and private investigators must
complete a firearms training course before carrying a firearm on
duty. (Business and Professions Code, 7542, 7545, and 7596.)
The course was developed by the Department of Consumer
Affairs, Bureau of Collection and Investigative Services, and is
offered by bureau-certified instructors to bureau licensees.
Training is approximately 14 hours and includes the following:
* The moral and legal aspects of firearms usage.
* Firearms nomenclature and maintenance.
* Weapon handling and shooting fundamentals.
* Emergency procedures.
* Prequalification range training, including the firing of
practice rounds.
* Qualification course of fire.
* A written examination of the subject matter.
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CALIFORNIA FIREARMS LAWS 1991 - Page 22
Course instructors must be approved by the California De-
partment of Consumer Affairs, Bureau of Collection and Investiga-
tive Services. Fees for the instruction are negotiated between
the instructor and student. Persons interested in taking such a
course may contact the bureau for a list of certified schools in
their area:
\\Department of Consumer Affairs
Bureau of Collection and Investigative Services\\
1920 - 20th Street
Sacramento, California 95814-6873
(916) 739-3028
NOTE: Completion of this training does not authorize a
person to carry a firearm unless he or she possesses a valid
firearm permit issued by the bureau and is on duty and properly
licensed as a private patrol operator, security guard, alarm
company operator, responding alarm agent, or private investiga-
tor. The firearms permit allows the bearer to carry an exposed
firearm while on duty.
\\Firearms Safety and Training Courses Provided by Firearm Clubs
or Associations
\\Some firearm clubs or associations regularly provide
firearm safety training courses for the general public as well as
for their members. Such clubs are listed in the yellow pages of
the telephone directory. In addition, managers of public or
private shooting ranges may give interested persons information
on how to contact clubs or associations using their ranges for
training courses. Ranges are also listed in the yellow pages of
the telephone directory.
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CALIFORNIA FIREARMS LAWS 1991 - Page 23
APPENDIX I
12. \\SUMMARY OF MAJOR FIREARM BILLS EFFECTIVE JANUARY 1, 1991
AB 497 Connelly\\
Requires a 1 5day wait and identification of purchasers of rifles
and shotguns. Persons prohibited by Section 12021 and 12021.1 PC
are prohibited from purchase of any firearm, not just conceal-
ables.
Forbids DOJ from retaining any information on rifle and shotgun
purchasers. To comply with this restriction, DOJ is destroying
the dealers record of sales registers received for rifle and
shotgun purchasers within five (5) days after determining a
purchaser's status.
Requires dealers selling any firearms to obtain a retail firearm
dealer's license from local licensing authorities. Formerly, only
persons selling concealable firearms had to obtain that license.
More people are ineligible for firearm purchase including persons
prohibited from firearm possession as a condition of probation;
juveniles adjudged wards of the court for committing the serious
offenses described in Section 707 of the Welfare and Institutions
Code (to age 30); a ten (10) year prohibition for persons con-
victed of specified misdemeanors; a five (5) year prohibition for
persons taken into custody as a danger to self or others and held
for examination of their condition per Section 5150 of the Wel-
fare and Institutions Code. The bill also provides a process for
these persons to petition the superior court of their county for
an order deleting the prohibition. The same provisions apply to
others certified for intensive care under Section 5250, 5260 or
5270.15 of the Welfare and Institutions Code.
All private party (nondealer) sales must be processed by licensed
firearm dealers. No longer can a person sell any firearm to a
person he or she knows personally. The purpose of this provision
is to prevent abuses of private party sales by having DOJ deter-
mine the eligibility of every firearm purchaser except those
exempted by Section 12078 PC.
Section 12078 PC exempts peace officers and purchasing agents who
present written authorization from the head of their agency from
the usual controls placed on firearm purchasers. AB 497 extended
the exemption from just concealable firearms to all firearms.
The bill requires DOJ to issue gun show licenses to persons
having dealers' licenses and to adopt regulations for the licens-
ing process.
The bill provides a minimum age of 18 years for purchasers of
rifles and shotguns.
AB 497 also requires DOJ to complete a feasibility study of ways
to modernize the firearm purchaser identification process by
considering options such as an 800 phone number concept where
dealers could dial DOJ and obtain an "instant" response on the
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CALIFORNIA FIREARMS LAWS 1991 - Page 24
eligibility of a purchaser or a credit card concept where persons
could prequalify and use their card for purchase. DOJ has many
other tasks to complete by July 1, 1991, when the report is due in
the legislature.
\OTHER FIREARM BILLS\
AB 36 \\Peace\\
This bill was chaptered on December 13, 1990, as an urgency
provision. Section 12026.2 provides various specific exemptions
from the concealed carrying restrictions of Section 12025 PC. The
bill added another provision specifically for persons transport-
ing a firearm to or from a licensing agency for the purpose of
applying for a concealed firearm license pursuant to Section
12050 PC when done at the request of the licensing agency.
The bill also amended Section 12028 PC which deals with disposal
of nuisance weapons. That Section authorizes law enforcement
agencies to auction confiscated weapons to purchasers who are
licensed under federal law. The bill changed that to persons
licensed under state law, Section 12071 PC.
The bill amended the firearm dealer licensing provision of Sec-
tion 12071 PC by allowing either a regulatory or business license
as options to the license form prescribed by the Attorney Gener-
al. This should make it easier for applicants to obtain retail
firearm dealer licenses which is especially important for persons
applying for a gun show license pursuant to Section 12071 PC. It
is also very important for persons wishing to bid at auctions of
confiscated weapons pursuant to Section 12028 PC.
It provides for a felony or misdemeanor penalty for a person
violating the restriction against knowingly selling or arming a
person who is prohibited pursuant to Section 12021 or 12021.1 PC.
Formerly, this was a misdemeanor penalty.
The bill amended the exception provisions of Section 12078 PC to
clarify that the firearm dealers' license, described in Section
12070 PC, is not required for manufacturers or importers licensed
under chapter 44 of Title 18 of the US Code who sell, deliver, or
transfer firearms to dealers licensed pursuant to Section 12021
PC.
AB 376 Klehs
Placed multiburst trigger activators on the list of weapons
prohibited by Section 12020 PC. It allows possession prior to
January 1, 1 992 for persons who are not prohibited by Section 1
2021 , 1 2021 .1 or 1 21 01 PC, or Section 81 00 and 81 03 of the
Welfare and Institutions Code. Effective January 1, 1 992, these
devices, which allow semiautomatic firearms to discharge two or
more shots in a burst, will be outlawed and persons found with
them in possession could face felony charges.
AB \\1753 Friedman\\
This bill prohibits persons who are subject to a restraining
order from purchasing or obtaining firearms. To accommodate this
new process, DOJ has established an online database for the
screening of firearm purchasers. Law enforcement agencies enter
information into the database when restraining orders are served
and the database will automatically purge expired orders.
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CALIFORNIA FIREARMS LAWS 1991 - Page 25
AB 2048 Murray
This bill extended the machine gun permit process administered by
DOJ to include the manufacture of machine guns.
The bill also amended the law pertaining to firearm silencers,
12501 PC, to clarify and extend exemptions. It would allow deal-
ers or manufacturers who are registered under chapter 53 of Title
26 of the US Code to manufacture, possess, transport and sell
silencers to the law enforcement agencies described in Section
830.1 PC, and state and federal military forces for official use.
\\SB 2444 Rogers\\
Added a provision to Section 12276.5 PC, which describes the
process for declaring a firearm to be an assault weapon, requir-
ing the Attorney General to distribute to all law enforcement
agencies in the state a description and photograph of each as-
sault weapon listed in Section 12276 PC and any firearm declared
to be an assault weapon pursuant to Section 12276.5 PC. DOJ is
implementing this new provision by preparing a verbal and photo-
graphic description of each of these assault weapons.
SB \\2480 Rogers
\\This bill added Section 12287 to the Penal Code which author-
izes DOJ to issue permits for the manufacture of assault weapons
to federally licensed manufacturers of firearms for sale to,
purchase by, or possession of assault weapons by specified agen-
cies.
\\SB 2050 Keene
\\Requires firearm purchasers or transferees to provide their
legal name on the dealers record of sale register and any other
legal names or aliases ever used under penalty of a misdemeanor.
Requires the Department of Mental Health to establish a central
file containing information on persons who come within the provi-
sions of Section 8100 and 8103 of the Welfare and Institutions
Code and make those records available to DOJ for firearm and
weapon license and permit purposes.
It requires public and private mental hospitals, sanitariums and
institutions to report information on current and former mental
patients needed by DOJ for firearm purchaser purposes. As re-
quired by the bill, DOJ will keep these records confidential,
separate and apart from other records in the department and will
use them only to screen firearm purchasers.
SB \\2065 Davis
\\Added Section 12025.5 PC, which allows persons to violate the
concealed firearm provisions of Section 1202S PC when a person
has reason to believe he or she is in grave danger because a
restraining order has been issued against a person or persons
found to pose a threat to his or her life or safety. The bill
also amended Section 12031 PC to allow the carrying of a loaded
concealable firearm under these circumstances. The bill further
provides that upon trial for a violation of either 1202S or 12031
PC, the trier of fact must rule whether the defendant indeed
acted out of reasonable belief that he or she was in grave dan-
ger.
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CALIFORNIA FIREARMS LAWS 1991 - Page 26
Call (916) 739-3318 for information on Gun Show Licenses. Call
(916) 739-3512 for information on AB 497 and the other bills. For
information on bills dealing with assault weapons, machine
gun permits, or weapons licenses and permits, call (916) 739-
2773.
************************************************************
Office of the Attorney General
Accounting Office
P.O. Box 944255, 5th floor
Sacramento, California 94244-2550.

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