Gun laws in California

[8] Additionally, California law heavily restricts the sale and possession of other items regarded as dangerous weapons, including but not limited to: certain knives, swords, clubs, explosives, fireworks, bows and arrows, slingshots, spears, and nunchucks.

[13] On June 4, 2021, Roger Benitez, a senior judge of the Southern District of California, ruled the assault weapons ban unconstitutional, though he permitted a 30-day stay of appeal.

"Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place," according to the Associated Press.

While it is generally believed to be extremely difficult to obtain a license to carry a concealed weapon (CCW) in California, the difficulty varies greatly by city and county of residence.

[88][89] Some jurisdictions have established additional local requirements the applicant must meet, as a matter of demonstrating suitability, before the issuing authority grants a CCW permit.

[90] Additionally, the definition of "Good Moral Character" is not defined in the law but is instead left to be interpreted by each individual Sheriff or Chief of Police that chooses to issue.

Qualities like honesty, convictions, lawsuits, civil issues, negative interaction with law enforcement, speeding tickets, DUIs, credit scores, employment history, back taxes and the like can be used to show that an individual lacks "Good Moral Character" and can be used to deny issuance of a CCW permit.

While the state had enforced its "good cause" requirement, in Los Angeles County, many licenses were issued to people who donated to former Sheriff Lee Baca.

[94] On February 13, 2014, a three-judge panel of a federal appeals court, in the case of Peruta v. San Diego, ruled that California's may-issue concealed carry rules as implemented by the County of San Diego, in combination with its ban on open carry in most areas of the state, violate the Second Amendment, because they together deny law-abiding citizens the right to bear arms in public for the lawful purpose of self-defense.

[95] The San Diego County Sheriff's Department issued a press release dated February 21, 2014 stating it will not seek review of the decision by the entire membership of judges sitting in the Ninth Circuit, and "Should the decision of the Ninth Circuit become final, the Sheriff's Department will begin to issue CCW's in situations where the applicant has met all other lawful qualifications and has requested a CCW for purposes of self-defense.

As a result, the state is shall-issue, but the ease of acquiring a permit has yet to be determined as the Attorney General emphasized that issuing authorities may continue to enforce the good moral character requirement in a manner the objective nature of which is unknown.

Failure to lock up a handgun while in a school zone is a violation of federal (only if one does not possess a concealed weapons permit issued by California) and state law.

In U.S. v. Lopez the Supreme Court ruled the federal Gun-Free School Zone Act was an unconstitutional exercise of Congress's power under the commerce clause.

(c) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

[11] On June 4, 2021, in the case of Miller v. Bonta, a federal judge in San Diego ruled that the assault weapons ban of 1989 is unconstitutional as it violates the Second Amendment.

U.S. District Court Judge Roger Benitez issued his detailed opinion criticizing and ultimately striking down California's long-standing prohibition on assault weapons.

[127][128] In order to close what was perceived by proponents to be a loophole in the law enabling such modifications,[129] the legislature passed Assembly Bill 1135 and Senate Bill 880 in 2016 which, amongst other things, narrowed the definition of a "fixed magazine" as required under the law "to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

Additionally, the weapon in question must be unloaded with the firearm and ammunition locked in separate cases and placed in an area of the vehicle that is not easily accessible, such as the trunk of a car or bed of a truck.

Once it was realized the California Department of Justice (CA DOJ) had not updated the "Kasler list" in the five years after the Harrott decision, many Californians found they could legally purchase and possess AR and AK rifles not yet officially identified as "series" members.

The only requirement for these receivers are that the combination of make and model is not explicitly listed as banned, and as long as the owner does not add certain "characteristic features" turning the firearm into an assault weapon (i.e. pistol grip, flash suppressor, etc.).

(California Code of Regulations §978.20 was changed without regulatory effect renumbering §978.20 to §5469 filed 6-28-2006) The CA DOJ produced a report from the Ferranto Commission in response,[139] intimating that this list will be updated in early 2006; as of December 2006, it had not done so.

On February 1, 2006, the CA DOJ also issued a controversial memorandum about this subject; critics say the described actions are not founded or supported within statutory law in Penal Code §§12275–12290.

This memo stated that once off-list "series" firearms are declared and registered as assault weapons, they will not be able to have characteristic features added or fixed magazines removed.

This is being challenged by pro-gun groups, since there is no criminal violation in the California Penal Code for adding or changing features to a legally acquired, registered assault weapon.

In June 2006, Judge James Warren of the San Francisco County Superior Court struck down Proposition H, asserting that under California law local officials do not have the authority to ban handgun ownership by law-abiding citizens.

In May 2013, the Los Angeles City Council voted to draft a law prohibiting the possession of large-capacity ammunition magazines, sparking lawsuit threats from two gun rights organizations.

The new ordinance requires city residents to "dispose, donate, or sell" any magazine capable of holding more than ten rounds within a proscribed period of time once the measure took effect.

[145] Bill 1014 that has passed the State Senate in September 2014 would allow the police to confiscate guns from high-risk individuals for a period of 21 days without a warrant or court order.

As of September 1, 2020, eligible petitioners will be expanded to include an employer, coworker, and school teacher or employee, and the maximum allowable duration will be extended to 5 years.

Anyone wanting to build a homemade firearm is required to obtain a serial number from the state (de facto registration) and pass a background check.