Jonah Patel
California has some of the strictest gun control laws in the United States. The state does not have constitutional carry, which means that the state's law prohibits citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner without a state permit. California does not honor any other state's concealed carry permits and does not issue licenses to carry (LTC) to non-residents. While California does not have a stand-your-ground statute, it is a Castle Doctrine state, meaning that a person using force must have reason to believe that an unlawful and forcible entry occurred, and there is no duty to retreat.
| Characteristics | Values |
|---|---|
| Constitutional carry | California does not have constitutional carry. |
| Permitless carry | California does not have permitless carry. |
| Unrestricted carry | California does not have unrestricted carry. |
| Vermont carry | N/A |
| Concealed carry | Requires a CCW permit. |
| Non-resident carry permits | Not recognized. |
| Open carry | Banned except in remote parts of the state. |
| Handguns in vehicles | Illegal for self-defense. |
| Background checks | Required for ammunition purchases. |
| Safety certificate | Required to buy a firearm. |
| Waiting period | 10-day waiting period to buy a firearm. |
| Large-capacity magazines | Banned. |
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What You'll Learn
California's strict gun control laws
California has some of the strictest gun control laws in the United States. The state has no constitutional right to keep and bear arms, and does not recognise any other state's concealed carry permits. California's strict gun control laws include stringent safe storage requirements, with specific rules about locking away firearms when not in use or carried on the body. The state also has detailed gun safety guidelines, which include treating all guns as if they are loaded, and keeping fingers off triggers until ready to shoot.
California's gun laws also include extensive restrictions on where and when guns can be carried. It is illegal to carry a loaded firearm, open or concealed, in a motor vehicle, or in certain public places, such as the State Capitol, legislative offices, or any hearing room in which a committee of the Senate or Assembly is conducting a hearing. California also prohibits the carrying of exposed and unloaded handguns in public places or on public streets in incorporated cities or city and county areas. Additionally, California has a ban on owning large-capacity magazines, and highly restricts certain semi-automatic rifles based on specific features.
California's concealed carry laws are also strict, with specific requirements for obtaining a CCW (carrying a concealed weapon) license. These requirements include safety training, shooting proficiency, and safe handling of the firearm. The CCW license must specify the particular firearm authorised to be carried, and include the licensee's personal information and fingerprints. The CCW licensing authority may also place restrictions on the time, place, and manner in which the licensee is authorised to carry a firearm.
Obtaining a CCW license in California can be challenging, with local law enforcement officials having significant discretion in issuing permits. The process typically involves three phases, including a paper application, and approval or denial of the application must be provided within a specified timeframe. Certain classes of people, such as those convicted of felonies or certain misdemeanours, are prohibited from obtaining firearm carry permits.
California's gun laws are frequently the subject of legislative debate, with proponents of stricter gun control measures often facing opposition from gun rights advocates. Despite the state's strict gun control laws, there have been efforts to introduce additional regulations, such as the failed concealed carry bill in 2022, which would have placed further restrictions on firearms and concealed carry licenses.
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Concealed carry permits for non-residents
California has some of the strictest gun control laws in the US. It is very difficult to obtain a concealed carry permit in the state, and California does not recognise non-resident carry permits. The state does not honour any other state's concealed carry permits, and out-of-state licences are not recognised. This means there is no way for a visitor to legally carry a handgun for self-defence in most places.
California issues carry licences to residents, individuals who work in the state, and active-duty military members permanently stationed in California. The minimum age to apply for a concealed weapon permit is 21, and applicants must be a permanent legal resident, alien, or US citizen. A visa is not sufficient to apply for a concealed weapon permit.
However, California residents can obtain a non-resident concealed carry permit from other states, such as Arizona, Florida, Utah, and Virginia, where non-residents are permitted to apply and can receive the permit with some limited but basic firearm training. Obtaining these additional non-resident permits can increase the number of states where a California resident can legally carry a concealed handgun.
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California's ban on possessing large-capacity magazines
California has some of the strictest gun control laws in the United States. The state prohibits any person from manufacturing, importing, selling, giving, lending, buying, receiving, or possessing large-capacity magazines (LCMs). A large-capacity magazine is defined as any ammunition-feeding device capable of holding more than ten rounds.
In 2016, California voters passed Proposition 63, which included a provision prohibiting the possession of large-capacity magazines starting on July 1, 2017. This meant that individuals who owned large-capacity magazines had to modify them so they could not accept more than 10 rounds or dispose of them before the deadline.
The state's ban on large-capacity magazines has been challenged in court, with a federal judge in California ruling in September 2023 that the ban was unconstitutional. However, the Ninth Circuit Court of Appeals upheld the ban, and the case was remanded back to the district court level, with litigation ongoing as of April 2024.
The California Department of Justice may issue permits for the possession, transportation, or sale of large-capacity ammunition magazines between a licensed California firearms dealer and an out-of-state customer upon a showing of good cause. Additionally, California law prohibits the manufacturing, importing, selling, giving, lending, buying, receiving, or possessing of large-capacity magazine conversion kits, which are defined as devices or parts capable of converting an ammunition-feeding device into a large-capacity magazine.
Violating the ban on large-capacity magazines can result in jail time, with penalties ranging from misdemeanors to felonies, depending on the circumstances.
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California's good cause requirements for CCW licenses
California has some of the strictest gun control laws in the United States. It is very difficult to carry a firearm for self-defence in a vehicle, and open carry is banned in all but the most remote parts of the state.
California's CCW (carrying a concealed weapon) licensing authority requires applicants to complete a training course approved by the local licensing authority. This includes at least 16 hours of instruction on firearm handling, shooting technique, and gun safety laws. Applicants must also demonstrate shooting proficiency and safe handling of each firearm they will be licensed to carry.
In June 2022, the United States Supreme Court issued a decision in New York Rifle & Pistol Association v. Bruen, holding that the State of New York's requirement to demonstrate "proper cause" to obtain a permit to carry a concealed weapon in most public places was unconstitutional. The day after the decision, the California Attorney General issued Legal Alert No. OAG-2022-02, which concluded that California's "'good cause' requirements, which authorized local officials to issue CCW licenses, were also unconstitutional and unenforceable under Bruen.
Senate Bill 2 (SB 2) replaced California's "good cause" and "good moral character" requirements in Penal Code sections 26150, 26155, and 26170. Under SB 2, a licensing authority (such as a county sheriff or municipal police chief) shall issue or renew a CCW license if the applicant is not a disqualified person and meets other specified requirements. An applicant may challenge a licensing authority's disqualification by requesting a hearing in the superior court of their county of residence.
The local CCW licensing authority may include any reasonable restrictions or conditions on the time, place, manner, and circumstances under which the CCW license holder may carry a firearm in public. These restrictions must be indicated on the license itself.
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California's gun safety laws
California has some of the strictest gun control laws in the nation. The state does not have a state constitutional right to keep and bear arms, and does not honor any other state's concealed carry permits. California is a
While no purchase permits are required to buy a firearm, a safety certificate is required, and a 10-day waiting period is imposed. A background check is also required to purchase ammunition, which can cost up to $19 per check. Ammo cannot be bought out of state and transported back, nor can it be ordered online and shipped to a home address. All guns bought, sold, or transferred legally in California are registered at the point of sale/transfer by the dealer through a system known as DROS. Existing guns in the state do not need to be registered, but this may change in the future.
It is legal to carry openly or concealed at one's home, business, or private property. Carrying at a campsite or other temporary residence is also permitted. However, there may be complications if one openly carries in view of the public. Many semi-automatic rifles are highly restricted, and rifles like the AR-15 are illegal in California without significant modifications. Handguns must be on the "Safe Handgun Roster" to be sold in California, which is unrelated to safety.
California also has specific gun safety laws, including:
- Treating all guns as if they are loaded.
- Keeping one's finger off the trigger until ready to shoot.
- Never pointing a gun at anything one is not willing to shoot.
- Knowing one's target and what lies beyond.
- Keeping weapons locked away from children.
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Frequently asked questions
Constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit.
California has some of the strictest gun control laws in the nation. It is practically impossible to carry a firearm for self-defense without a license to carry (LTC). California does not honor any other states' concealed carry permits.
In California, open carry is banned in all but the most remote parts of the state. It is illegal to have a handgun in a vehicle for self-defense. Non-resident carry permits are not recognized. Many firearms commonly for sale in other states are prohibited in California. While no purchase permits are required to buy a firearm, a safety certificate is required and a 10-day waiting period is imposed.
Over 50% of the US has passed laws permitting constitutional or permitless carry. There are currently 29 constitutional carry or permitless carry states.
