FAQ

MY FIREARM PURCHASE WAS DENIED BY THE DOJ AND THE DEALER WON’T TELL ME WHY. HOW DO I FIND OUT THE REASON FOR THE DENIAL?

If your DROS application is denied, you will receive a letter from the DOJ Bureau of Firearms within two weeks. The letter will explain the reason and instructions on how to get a copy of the record that resulted in the denial of your application. There will also be instructions on how to dispute and correct information in your record you believe is wrong.

CAN I SELL A GUN DIRECTLY TO ANOTHER PERSON (I.E. NON-DEALER)?

Generally, no. This type of transaction is referred to as a “private party transfer” and must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The purchaser (and seller if the purchaser is denied), must meet the normal firearm purchase and delivery requirements.
Firearms dealers are required to process private party transfers upon request but may charge a fee not to exceed $10 per firearm for conducting the transfer. For example:
a. For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
b. For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of up to $10.00 for each additional firearm.
“Antique firearms,” as defined in section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in section 478.11 of Title 27 of the Code of Federal Regulations, that are over 50 years old, are exempt from this requirement. For additional exceptions, refer to Penal Code sections 27850 through 27966.
(Pen. Code, § 27545.)

WHO IS PROHIBITED FROM OWNING OR POSSESSING FIREARMS?

Any person who has a conviction for any misdemeanor listed in Penal Code section 29805 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 8103 is prohibited from buying, owning, or possessing firearms or ammunition. There are also prohibitions based on mental conditions, domestic restraining/protective orders, conditions of probation, and specific offenses committed as a juvenile. A list of prohibited categories is available on the Bureau of Firearms website.
(Pen. Code, §§ 29800, 29805, 29815, 29820, 29825, 29855, 29860, 29900, 29905, 30305; Welf. & Inst. Code, §§ 8100-8103; 18 U.S.C. § 922, subd. (g), 27 C.F.R. § 478.22.)

HOW MUCH IS THE STATE FEE WHEN PURCHASING A FIREARM?

The total state fee is $25. The DROS fee is $19.00 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 per firearm.
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. When settling on the purchase price of a firearm, you should ask the dealer to disclose all applicable fees.
(Pen. Code, §§ 23690, 28055, 28225, 28230, 28300.)

I LIVE IN ANOTHER STATE AND HAVE A PERMIT TO CARRY A CONCEALED HANDGUN THAT WAS ISSUED IN MY HOME STATE. DOES MY PERMIT ALLOW ME TO CARRY A CONCEALED HANDGUN WHILE IN CALIFORNIA?

No. CCW licenses/permits issued in other states are not valid in California.
(Pen. Code, §§ 25400-25700.)

WHO IS PROHIBITED FROM OWNING OR POSSESSING FIREARMS?

Any person who has a conviction for any misdemeanor listed in Penal Code section 29805 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 8103 is prohibited from buying, owning, or possessing firearms or ammunition. There are also prohibitions based on mental conditions, domestic restraining/protective orders, conditions of probation, and specific offenses committed as a juvenile. A list of prohibited categories is available on the Bureau of Firearms website.
(Pen. Code, §§ 29800, 29805, 29815, 29820, 29825, 29855, 29860, 29900, 29905, 30305; Welf. & Inst. Code, §§ 8100-8103; 18 U.S.C. § 922, subd. (g), 27 C.F.R. § 478.22.)

MAY I CARRY A CONCEALED FIREARM IN CALIFORNIA?

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.
(Pen. Code, §§ 25400-25700, 26150-26225.)

ARE LARGE-CAPACITY MAGAZINES LEGAL?

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, 2000, 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.
(Pen. Code, §§16150, subd. (b), 30305, 32310.)

DOES CALIFORNIA HAVE A LAW REGARDING THE STORAGE OF FIREARMS?

Yes. 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.
(Pen. Code,§§ 25100, 25200.)

IS THERE A LIMIT ON THE NUMBER OF HANDGUNS THAT I CAN OWN OR PURCHASE?

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 30-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-per-30-day purchase limit.
(Pen. Code,§ 27535.)

CAN I GIVE A FIREARM TO MY SPOUSE OR REGISTERED DOMESTIC PARTNER? CAN HE/SHE GIVE IT BACK TO ME LATER?

Yes, as long as the person receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon), the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer.
If the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days after taking possession.
The same rules apply to the return of the firearm at a later date.
(Pen. Code, §§ 16990, subd. (g), 27915, 27920, subd. (b).)

CAN I GIVE A FIREARM TO MY ADULT CHILD? CAN HE/SHE GIVE IT BACK TO ME LATER?

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.g., not an assault weapon). The transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. The exemption does not apply to step-children/step-parents, brothers, sisters, aunts, uncles, or cousins.
If the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days after taking possession.
The same rules apply to the return of the firearm at a later date.
(Pen. Code, §§ 27870-27875, 30910-30915.)

HOW CAN I OBTAIN A CARRY CONCEALED WEAPON (CCW) LICENSE?

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.
(Pen. Code, §§ 26150-26225.)

WHAT IS THE PROCESS FOR PURCHASING A FIREARM IN CALIFORNIA?

Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present “clear evidence of identity and age” which is defined as a valid, non-expired California Driver License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.
If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.
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.
(Pen. Code, § § 26800-26850.)

I’M NOT SURE WHETHER I HAVE A CALIFORNIA RECORD THAT WOULD PREVENT ME FROM OWNING/POSSESSING A FIREARM. IS THERE A WAY TO FIND OUT BEFORE I ATTEMPT TO PURCHASE ONE?

Yes, you may request a California Personal Firearms Eligibility Check (PFEC) by submitting a (PFEC) application, pdf to the Department of Justice. For more information about how to request a PFEC, please refer to the PFEC FAQ. Applications are also available through your local firearms dealer. Please be advised that a PFEC does not include a Federal NICS check. Therefore, you may still be prohibited from owning or possessing a firearm even though you receive a PFEC response indicating you are eligible to own or possess firearms.
(Pen. Code, § 30105)

WHERE DO I FIND LAWS REGARDING THE POSSESSION OF FIREARMS?

The laws governing control of deadly weapons, including firearms, are found in Part 6 of the Penal Code, beginning at section 16000. These laws define the various types of dangerous weapons as well as restrictions and crimes related to their manufacture, sale, possession, and transportation. Of particular note, the laws relating to firearms are found in Title 4 of Part 6, beginning at section 23500, and the applicable definitions and general rules are found in Title 1 of Part 6, beginning at section 16000. Laws that pertain to both firearms and other types of deadly weapons are found in Title 2 of Part 6, beginning at section 17500.