The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Long guns do not need to be kept in a locked container, except when taken into Gun Free Zones. By federal law, all guns traveling through Gun Free Zones must be kept in locked containers. Instead, you must always work through a licensed firearms dealer.
It is legal to give a firearm to your spouse, domestic partner, brother, sister, aunt, uncle or cousin, as long as the recipient of your firearm satisfies all of the requirements of ownership eligibility above of age, no disqualifying criminal history, substance abuse history, mental illness.
The transfer must go through a licensed dealer, but if the transfer is parent-child or grandparent-grandchild, the dealer requirement is lifted. Weapons offenses in California are typically serious and are often charged as felonies. They can be related entirely to the laws described above, offenses like:.
When used in the commission of other crimes, possession of a firearm can often lead to more serious charges pressed against you:. It depends entirely on the circumstances around your case, but charges like these can be prosecuted as misdemeanors or felonies. The court will often heavily weigh the circumstances around your arrest and your prior history when determining the sentence for a felony. The way this works out is:. There are a number of important nuances and considerations when applying this law, so if you are charged with it, it is very important to contact an attorney immediately.
The State of California heavily regulates firearm ownership and usage, and it works to aggressively prosecute people who have been accused of using a gun while committing a crime. The exemptions apply to the sale, supplying, delivery, transfer, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older. The Exemptions Include: A person 18 years of age or older who possess a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
An active peace officer, as described in Chapter 4. An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer. A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. A Person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States.
A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable. If the purchaser is not a U. Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification other than a driver license or other DMV-issued identification , and either 1 possess a Handgun Safety Certificate HSC plus successfully complete a safety demonstration with their recently purchased handgun or 2 qualify for an HSC exemption.
Contact your county sheriff's office or, if you are a resident of an incorporated city, your city police department, for information on obtaining a CCW license.
They can answer your questions and provide you with a copy of their CCW license policy statement and the CCW license application. If you live within an incorporated city, you may apply to the police department or the county sheriff's office for a CCW license.
However, only residents of a city may apply to a city police department for a CCW license. Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess e. The transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. Yes, as long as the person receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess e.
There is no limit to the number of handguns that you may own but you are generally limited to purchasing no more than one handgun in any day period. Handgun transactions related to law enforcement, private party transfers, returns to owners, and certain other specific circumstances are exempt from the one-handgun-perday purchase limit.
If you keep any loaded firearm within any premise which is under your custody or control and know or reasonably should know that a child person under 18 years of age is likely to gain access to the firearm, you may be guilty of a felony if a child gains access to that firearm and thereby causes death or injury to any person including themselves unless the firearm was in a secure locked container or locked with a locking device that rendered it inoperable.
Generally, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine able to accept more than 10 rounds in California. However, continued possession of large-capacity magazines that you owned in California prior to January 1, , is legal provided you are not otherwise prohibited.
A person prohibited from possessing firearms is also prohibited from owning or possessing any magazines or ammunition.
Generally you may not carry a concealed firearm on your person in public unless you have a valid Carry Concealed Weapon CCW license. CCW licenses are issued only by a California county sheriff to residents of the county, or the chief of police to residents of the city.
California law does not honor or recognize CCW licenses issued outside this state. Any person who has a conviction for any misdemeanor listed in Penal Code section or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code section is prohibited from buying, owning, or possessing firearms or ammunition.
A list of prohibited categories is available on the Bureau of Firearms website. If the transaction is not a PPT the dealer may impose other charges as long as this amount is not misrepresented as a state fee.
If you did not know you had the weapon in your possession, or that it could have been used as a weapon for unlawful purposes, you should not be convicted. Not a generally prohibited weapon : PC provides a specific list of generally prohibited weapons. If you possessed, manufactured, or sold an item not included in the list, you should not be convicted of a PC violation. Valid permit: In limited circumstances, permits may be issued for possession of certain weapons listed under PC A permit to possess a generally prohibited weapon is a valid legal defense.
In … June 30,
0コメント