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Buying Guns & Ammo

Do you like jumping through flaming hoops? Then buying a gun in California is just the process for you!
Remember: you cannot just order any gun online and have it shipped to your dealer. All handguns sold to normal people in California must be approved and listed on the Certified Handgun Roster. Assault weapons are illegal and semi-auto rifles are highly regulated in California. What you see online may be illegal for you to purchase. If you are unfamiliar with the process call your local gun store/dealer (FFL).
This section is not intended for licensed dealers, their employees, or those with Curio & Relic (C&R) licenses. This is a general introduction intended for the general public that is not readily familiar with California gun laws. This section is intended for first time buyers or past buyers who are not familiar with the current requirements.

Highlights

  • There is a 10-day waiting period before you can take your gun home.
  • Only one handgun a month may be purchased; in 2021 it becomes one rifle or pistol a month (see details).
  • Only certain approved pistols on the Safe Handgun Roster are approved for new sale in California.
  • You must have a firearm safety certificate before you can buy a gun (often issued on-site).
  • You will pay $31.19 for a background check on a retail gun sale or $41.19 for a private sale.
  • Those 18-20 can only purchase .22 rifles or shotguns; no centerfire rifles or handguns.
  • Parent/grandparent-to-child transfers may take place without a dealer but have other requirements.
  • Loaning firearms to others is possible under specific circumstances and requirements.
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I smoke marijuana. Is it legal for me to own a gun?
No. Under federal law, you are an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule. Marijuana in any form, even medicinal, is illegal under federal law, which does not recognize medicinal uses or state laws. Users of marijuana are prohibited persons. Checking 'no' on question 11(e) on the Form 4473 would be a lie if you use marijuana. See this ATF letter on the topic.


Gun Store Sales

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10-day Waiting Period  Firearm Safety Certificate  Eligibility and What to Bring  How to Buy a Gun  Firearm Rationing

 

Things to Know Before You Go

Gun stores or gun dealers are federally licensed and known as FFLs (Federal Firearms License or Licensee)
18 USC 922(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age.
Per federal law, you must be 21 years old to purchase a pistol. California places additional restrictions on those 18-20, limiting their purchases to .22 rifles and shotguns. You must also be legally able to possess a firearm; most commonly this applies to felons, drug addicts, or domestic abusers.
10-day waiting period
26815. No firearm shall be delivered:
(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
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Note: 10 days is 10 24-hour periods. The background check period beings when the DOJ begins processing the background check. In normal times, this is essentially instant, however, due to the COVID-19 and protests/riots gun panic buying the wait times in California can exceed 14 days. The problem is occurring nationally and is not a California-specific issue. Humans still have to process the background check by typing things in manually and checking various databases; it is not handled by an automatic computer search.

​27540. A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows:
(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
[(d), (e); omitted]
(g) Commencing July 1, 2021, a handgun or semiautomatic centerfire rifle shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period, the purchaser has made another application to purchase either a handgun or semiautomatic centerfire rifle and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535.
What if I already own a gun; does the waiting period apply to me?
Yes it does. The appeal of the ruling (Sylvester v. Harris) that challenged this was not successful. Waiting periods have a very minimal impact on crime. Most violent crimes are impulsive or involve a firearm (or other weapon) that has already been owned for some time. Very few crimes occur with firearms that were purchased on impulse. 
30-day pickup window
You have 30 days to pickup your firearm from the date the background check was conducted (27 CFR § 478.102(c)) or you must start the background check and waiting period all over again.

Firearm rationing
The one-handgun-a-month rule changed effective July 1, 2021. You are only allowed to purchase one handgun or semi-automatic centerfire rifle in a 30-day period. You may still purchase unlimited rimfire (.22) rifles and shotguns.
Firearm Safety Certificate
Do I need a firearms ID card or something?
No, you will need a Firearm Safety Certificate; while this is a de facto firearm purchase license, its ostensible purpose is to ensure you understand basic gun safety.
​26840. (a) A dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate, or, in the case of a handgun, an unexpired handgun safety certificate. The firearms dealer shall retain a photocopy of the firearm safety certificate as proof of compliance with this requirement.
 
31615. (a) A person shall not do either of the following:
(1) Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(2) Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
Where/when/how do I get this firearms safety certificate?
Usually you can take the test at the gun store the same day. You can also get them through various firearm safety courses. It costs $25.
Since I have my license to carry, and I don’t need a FSC, do I still have to get a background check?
Yes. The DROS requirement applies to everyone. In some states, the criteria used to issue carry license meets standards to qualify for an exemption from calling in the background check. This is known as the Brady Exemption or Permanent Brady Permit under federal law. The buyer with a license to carry still fills out the ATF form 4473, but no background check call is made because it is assumed the license would have been confiscated if the person could not own a gun.
When is a Firearm Safety Certificate not required? Who is exempt?
​31700. (a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615: [omissions made]
(4) Any person who has successfully completed the course of training specified in Section 832.
(7) Except as provided in subdivision (d), a person to whom a firearm is being returned, where the person receiving the firearm is the owner of the firearm.
(9) Any individual who has a valid concealed weapons permit issued [...].
(10) An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030 [security guards].
(c) A person, validly identified, who has been issued a valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title or possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
(e) The firearm safety certificate requirement in subdivision (a) of Section 31615 shall not apply to a person taking possession of a firearm pursuant to Section 27882 or 27883.
​Note: Military veterans (honorable discharges) no longer qualify for an exemption by showing a DD 214; retirees and active members are in a different group. Hunting licenses do not apply to handgun purchases. Hunting 
Firearm safety certificate page
Eligibility and What to Bring
We're starting from the assumption that you are not a prohibited person and you are an adult legal California resident.
​Must be a California resident to buy a handgun
Military Member’s PCS station is their residenc
​26845.  (a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.
(b) Satisfactory documentation shall include a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice.
27 CFR § 478.11 State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:
What else do I need to bring with me?
Your California driver license or your identification card [no temporary ones allowed]. If you are a permanent resident, but not a citizen, bring your “Green Card.” 
A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.Active duty military should bring your military ID cards and, if not a California resident, a copy of your Permanent Change of Station (PCS). Military spouses do not qualify for the military exemption.
16400. As used in this part, “clear evidence of the person’s identity and age” means either of the following:
(a) A valid California driver’s license.
(b) A valid California identification card issued by the Department of Motor Vehicles.
​If your ID has the word "Federal Limits Apply" (not a REAL ID), you must also provide proof of citizenship or legal status. These documents can be (11 CCR § 4045.1):
  • Valid, unexpired U.S. passport or passport card.
  • Certified copy of U.S. birth certificate (issued by a city, county, or state vital statistics office). “Abbreviated” or “Abstract” certificates are NOT accepted.
  • Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240), issued by the U.S. Department of State.
  • Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.
  • Certified copy of birth certificate from a U.S. Territory.
  • Certificate of Naturalization or U.S. Citizenship.
  • Valid, unexpired Permanent Resident Card.
​If your name changed, you need the respective form explaining the reason for the change (11 CCR § 4045.1):
  • An adoption document that contains the legal name of the applicant as a result of the adoption.
  • A name change document that contains the applicant's legal name both before and, as a result of, the name change.
  • A marriage certificate.
  • A dissolution of marriage document that contains the legal name of the applicant as a result of the court action.
  • A certificate, declaration or registration document verifying the formation of a domestic partnership.
A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.
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To purchase a handgun, you need additional proof of residency (26845, 11 CCR § 4045). This can be:
  • A utility bill (not a cell phone bill) with your name and physical address issued in the last three months; or,
  • A signed and dated rental agreement (for money) in your name and the address must match your driver license or ID; or,
  • Car registration (with physical, not mailing address); or,
  • A current, government-issued (city, county, special district, state, or federal) license, permit, or registration that bears your name and your current residential address.
This could include a lot of things.

What the State will not accept
Mailing addresses don’t count. Per the DOJ, the following is unacceptable: 
  • Active duty military spouse ID
  • Bank statement
  • DMV address change card (brown card); although if your address changed you’re required to have this, but it alone is not satisfactory.
  • Cell phone bill
  • Fishing validations and report cards
  • Hunting license—standard, self-filled
  • Pay stub
  • Voter registration
 
Note that if your driver license/ID card has a mailing address, you will need two additional proofs of residency.
Minors and 18-20 year olds
Under 21, cannot buy a handgun or semi-auto rifle from a dealer
​27505. (a) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age.
(b) Subdivision (a) shall not apply to or affect the following circumstances:
(1) The sale of a handgun, if the handgun is an antique firearm and the sale is to a person at least 18 years of age.
(2) The transfer or  loan of a firearm, other than a handgun,  firearm  to a minor by the minor’s parent or legal guardian. guardian, if both of the following requirements are satisfied: 
(3) The transfer or loan of a firearm, other than a handgun, to a minor by a grandparent who is not the legal guardian of the minor, if the transfer is done with the express permission of the minor’s parent or legal guardian.
(4) The loan of a firearm, other than a handgun, to a minor, with the express permission of the minor’s parent or legal guardian, if the loan does not exceed 30 days in duration and is for a lawful purpose.
(5) The loan of a handgun to a minor by the minor’s parent or legal guardian, if both of the following requirements are satisfied:
(A) The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or  activity or hunting education, or  a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(B) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or  activity or hunting education, or  a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(6) (3)  The loan of a semiautomatic centerfire rifle or  handgun to a minor by a person who is not the minor’s parent or legal guardian, if all of the following requirements are satisfied:
(A) The minor is accompanied by the minor’s parent or legal guardian when the loan is made, or the minor has the written consent of the minor’s parent or legal guardian, which is presented at the time of the loan, or earlier.
(B) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or  activity or hunting education, or  a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(C) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or  activity or hunting education, or  a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(D) The duration of the loan does not, in any event, exceed 10 days.
(4) The loan of a firearm other than a semiautomatic centerfire rifle or a handgun to a minor who is 16 years of age or older, by a person who is not the minor’s parent or legal guardian, if all of the following conditions apply:
(A) The loan is with the express permission of the minor’s parent or legal guardian.
(B) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, the nature of which involves the use of a firearm.
(C) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, the nature of which involves the use of a firearm.
(D) The duration of the loan does not, in any event, exceed 5 days, unless express permission is provided in the manner described in subparagraph (A) of paragraph (3), in which case the duration of the loan shall not, in any event, exceed 10 days.
(5) The loan of a firearm other than a semiautomatic centerfire rifle or a handgun to a minor under 16 years of age by a person who is not the minor’s parent or legal guardian, if all of the following conditions apply:
(A) The loan is with the express permission of the minor’s parent or legal guardian.
(B) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, the nature of which involves the use of a firearm.
(C) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, the nature of which involves the use of a firearm.
(D) The minor accompanied at all times by a responsible adult.
(E) The duration of the loan does not, in any event, exceed 5 days, unless express permission is provided in the manner described in subparagraph (A) of paragraph (3), in which case the duration of the loan shall not, in any event, exceed 10 days.
​27510.  (a) A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age.
(b) (1) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person who is 18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member
(3) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
[(A)-(C), peace officers, omitted]
(D) A person who provides proper identification of active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
Note: 27510 ↑ was passed in response to the Parkland, FL, school shooting and bars those under 21 from purchasing all but shotguns or rimfire rifles, unless you are in the military, then you can purchase a semi-automatic centerfire rifle per (b)(3).  This only applies to FFLs (dealers), not special family transfers.

Note: under 27505 ←, those under 21 cannot purchase a handgun. This section does allow for minors and 18-20 year olds to obtain firearms via a temporary loan. It does not apply to parents gifting handguns to 18-20 year olds. However, all other requirements for transferring a firearm would be required.
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​Can 18-20 year-olds own handguns?
Yes, the question is how they obtain them. Per federal law, you must be 21 years old to purchase a pistol. California places additional restrictions on those 18-20, limiting their purchases to .22 rifles and shotguns; see 18 USC 922(b)(1).
 
25605(b) allows any citizen of the United States or legal resident over the age of 18 years, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
 
27505 does not prohibit parents/grandparents giving a handgun to an 18-20 year old. 27510 prohibits  dealers (FFLs) from transferring a handgun to those under 21 (also 18 USC 922(b)(1)). Because state law requires firearms to be transferred through a dealer (no private sales) there is no way for a 18-20 year old to legally purchase a firearm privately as they may if they were a resident of other states.
 
The only way for a 18-20 year old to obtain a firearm from a relative (including purchase) would be from a parent or grandparent under 27875.

​Hunting license and minors after 2025

Hunting license regulations for minors change in 2025 per SB 175 (2021): previous year's licenses will not be accepted and the dealer has to "verify" that the license is valid.
Note: ← red words indicates a strikethrough or removed text. Blue words indicates a new addition. See SB 715 (2021-2022).

How to Buy a Gun, From a Dealer in Person

Private sales and online order are covered separately. Note this section would apply to online and private sales when the firearm arrives at the gun store.
How exactly does the gun sale work?
You go into the gun store and find the gun you want to buy.
 
Step 1: the dealer will have you take the FSC test (you will have to pay for this first). If you pass, proceed to Step 2.
Step 2: the dealer will collect your identification and make copies.
Step 3: the dealer will have you fill out the ATF form 4473 (they give you the form).
Step 4: you will pay for your gun and the background check. Your gun will be in “jail” at the store for 10 days. You will be given an exact time and date when you can return for your gun.
Step 4 ½: the dealer will fill out the DROS form and contact Sacramento, who will run the background check.
Step 5: at exactly 10 days (ten 24-hour periods)—assuming you aren’t caught in the massive delays due to panic buying—you return to pickup your gun. At this point, you will do the safe handling demonstration and sign for the gun before returning home with it.

Individual dealers may have slight differences in procedure.
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How much are the fees for the background check?
​Obviously this is in addition to the cost of the firearm and taxes.

Per the DOJ, an in-state transfer costs:
 
“The DROS fee is $31.19 which covers the costs of the background checks and transfer registry. There is also a $1.00 Firearms Safety Act Fee, and a $5.00 Safety and Enforcement Fee. In the event of a private party transfer (PPT), the firearms dealer may charge an additional fee of up to $10.00 per firearm. First-time buyers will need to pay $25 for the Firearm Safety Certificate, however, the certificate is good for five years.
background checks and DROS page
Firearm Rationing
The one-handgun-a-month rule ends June 30, 2020. On July 1, 2020, it will become one handgun or semi-auto centerfire rifle every 30 days. Semi-auto centerfire rifles most commonly are AR-style or AK-style rifles or Mini-14s, but may other types of firearms. There is no limit on how many rimfire (.22) rifles or shotguns that can be purchased and there is no total ownership cap on how many guns you can own or buy over your lifetime. 

​Note: The exceptions applicable to normal people are exchanging/replacing a firearm, replacing a lost or stolen gun, or the firearm is being returned to you (i.e. from a gunsmith).
Applies to the buyer
Applies to the dealer
​27535.  (a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
[sections not applicable to ordinary people omitted]
(10) The exchange of a handgun or semiautomatic centerfire rifle where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun or semiautomatic centerfire rifle when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any handgun or semiautomatic centerfire rifle to its owner.
(c) This section shall become operative on July 1, 2021.
27540. A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows:
[(a)-(e) omitted]
(f) Until July 1, 2021, a handgun shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535.
(g) Commencing July 1, 2021, a handgun or semiautomatic centerfire rifle shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period, the purchaser has made another application to purchase either a handgun or semiautomatic centerfire rifle and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535.

background check
Safety certificate
Online & gun shows
Private Sales & Loans

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Click the images to learn more about purchasing the above items

RECALL GAVIN NEWSOM!

All codes are from the Penal Code unless otherwise indicated. Codes may have omissions and abridgments made for the sake of brevity. All emphasis has been added, except certain terms leading definition statutes or regulations may be italicized in the original. All statutes and regulations should be reviewed in the original for their completeness. This does not constitute, nor should be implied as, legal advice. Always seek an attorney's advice and consult state and local laws yourself. User assumes all liability for use of the information provided here. Copyright 2021.
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