Possession of a silencer is a felony with no civilian or federal-registration exception.
California Gun Laws
California is among the most heavily regulated firearms jurisdictions in the United States, with a shall-issue concealed-carry regime created by SB 2 of 2023 in the wake of the U.S. Supreme Court's 2022 Bruen decision, a state assault-weapons ban dating to the 1989 Roberti-Roos Act, a 10-round magazine-capacity limit, a roster of handguns certified for retail sale, and a universal background check that applies to nearly every firearm and ammunition transfer. Open carry of a handgun is prohibited statewide in incorporated cities and unincorporated areas designated as 'prohibited areas,' and a 10-day waiting period applies to all firearm deliveries. California does not recognize concealed-carry licenses issued by any other state.
Sourced from official state legislature, AG, and ATF documents. Last verified October 16, 2026.
At a Glance
In a Vehicle
Common Questions
Do I need a permit to carry concealed in California?
Yes. California requires a Carry Concealed Weapons (CCW) license to carry a concealed handgun. After the U.S. Supreme Court's 2022 Bruen decision and California's 2023 SB 2, licenses are now issued on a shall-issue basis to applicants who are at least 21, complete the required training, and are not 'disqualified persons' under Penal Code § 26202.
Can I open carry a handgun in California?
No. Open carry of a loaded handgun is prohibited statewide (Penal Code § 25850), and open carry of an unloaded handgun in public places or streets of any incorporated city or city-and-county is also prohibited (§ 26350). Limited open carry may be allowed in 'non-prohibited' unincorporated areas, but the practical answer in any city is no.
Can I keep a loaded handgun in my glove box without a CCW?
No. Without a CCW license, a handgun in a motor vehicle must be unloaded and either locked in the trunk or in a separate locked container (such as a hard case). The glove compartment and center console are explicitly not 'locked containers' under DOJ guidance.
How many training hours does the California CCW require?
A new CCW applicant must complete a course of no less than 16 hours, including live-fire instruction (Penal Code § 26165). Renewal courses must be at least 8 hours. Licensing authorities may instead require a POST-certified community college course of up to 24 hours.
Does California honor my out-of-state concealed-carry permit?
No. California does not recognize concealed-carry licenses or permits issued by any other state. As of April 22, 2025, however, eligible non-residents may apply for a California CCW license at any California jurisdiction in which they intend to spend time, under a federal court order in Carralero v. Bonta.
Will other states honor my California CCW?
It depends entirely on the receiving state's law. California's DOJ does not publish an outbound reciprocity matrix because outbound recognition is not controlled by California. Some states accept any U.S. permit; others recognize California licenses by name; and some honor no California permit at all. Always verify with the receiving state before traveling.
What is the California handgun roster?
California maintains a roster of handguns certified for retail sale (Penal Code § 32000 and 11 C.C.R. § 4070). A handgun model must pass safety, firing, and drop tests to remain on the list. Boland v. Bonta (C.D. Cal. 2023) struck the microstamping, magazine-disconnect, and chamber-load-indicator requirements; the magazine-disconnect and chamber-indicator portions are on appeal. Private-party transfers, curio-and-relic handguns, and certain single-action revolvers are exempt from roster compliance.
Do I need a background check to buy ammunition in California?
Yes — for now. Under Proposition 63 (2016) and Penal Code § 30370, ammunition vendors must obtain DOJ authorization for each ammunition transfer, and the buyer must pass an eligibility check. A Ninth Circuit panel held the requirement unconstitutional in Rhode v. Bonta on July 24, 2025, but the Ninth Circuit granted en banc rehearing in late 2025 with arguments scheduled for the week of March 23, 2026. The ammo check remains in effect during the rehearing.
What is California's magazine capacity limit?
Ten rounds. Penal Code § 32310 prohibits the manufacture, sale, transfer, and possession of magazines that hold more than 10 rounds. The en banc Ninth Circuit upheld the ban in Duncan v. Bonta on March 20, 2025; a petition for certiorari is pending at the U.S. Supreme Court.
Are silencers (suppressors) legal in California?
No. Civilian possession of a silencer is prohibited under Penal Code § 33410, even with a federal ATF stamp. Short-barreled rifles (§ 33215) and machine guns (§ 32625) are similarly state-prohibited; the federal NFA tax stamp is not a defense to the California offense.
Does California have an assault-weapons ban?
Yes. The Roberti-Roos Assault Weapons Control Act of 1989 (effective January 1, 1990) plus SB 23 (1999) and AB 1135 / SB 880 (2016) define and prohibit 'assault weapons' under Penal Code §§ 30510 and 30515, including features-based definitions for semiautomatic rifles, pistols, and shotguns. The 'bullet button' workaround was closed in 2016.
What is a Gun Violence Restraining Order (GVRO)?
California was the first U.S. state to enact a red-flag law: AB 1014 (2014), effective January 1, 2016. Under Penal Code § 18150, family or household members, dating partners, coworkers (with employer approval), school employees (with administrator approval), roommates, co-parents, and law enforcement officers may petition a superior court for an order temporarily restraining a person from possessing firearms or ammunition if the person poses a significant danger of personal injury in the near future.
How long is the waiting period to buy a firearm?
Ten 24-hour periods from the date and time the dealer transmits the Dealer Record of Sale (DROS) to the California DOJ (Penal Code § 26815). The waiting period applies regardless of how many firearms the buyer already owns; very limited exemptions exist for licensed peace officers and certain special-weapons permit holders.
Does California require background checks for private gun sales?
Yes. California has a universal background check requirement. Penal Code § 27545 requires non-dealer parties to route any firearm sale, loan, or transfer through a licensed dealer, who then runs the DROS background check and observes the 10-day waiting period.
Do I have to register my firearm in California?
Functionally yes. While California does not call its system 'registration' in the traditional sense, every dealer-processed firearm purchase is reported to the DOJ via the Dealer Record of Sale (DROS) and recorded in the Automated Firearms System (AFS), and self-built firearms must be DOJ-serialized under § 29180. Assault weapons that were grandfathered also had to be separately registered.
Where can't I carry with a California CCW?
SB 2 added Penal Code § 26230, listing approximately 26 'sensitive places' off-limits to CCW licensees — schools, childcare facilities, government buildings, courthouses, hospitals, public transit, places of worship, bars, parks, libraries, financial institutions, stadiums, casinos, amusement parks, and any private commercial property open to the public absent posted permission. A Ninth Circuit decision (Wolford v. Lopez, September 6, 2024) enjoined a subset of these categories; most others remain enforceable.
What changed in California gun law because of the Bruen ruling?
After the U.S. Supreme Court's 2022 decision in N.Y. State Rifle & Pistol Ass'n v. Bruen invalidated 'may-issue / good cause' CCW regimes, California enacted SB 2 (Portantino), Chapter 249 of the 2023 Statutes, effective January 1, 2024. SB 2 eliminated the discretionary good-cause requirement, replaced it with objective disqualifiers under Penal Code § 26202, raised the new-applicant training minimum to 16 hours, and added the § 26230 sensitive-places list.
Is California a stand-your-ground state?
Yes, by case law. California has no statutory stand-your-ground provision, but the doctrine is firmly established through California Supreme Court precedent and the Judicial Council's pattern jury instruction CALCRIM No. 505: a defendant lawfully acting in self-defense is not required to retreat and may stand their ground. Penal Code § 198.5 also codifies a castle-doctrine presumption for unlawful forcible entry of a residence.
Do I have to tell police I'm armed during a traffic stop?
There is no statutory duty in California to proactively inform an officer that you are carrying. CCW licensees, however, must carry the license while armed and present it on a peace officer's demand.
How old do I have to be to buy a firearm in California?
21. California Penal Code § 27510 bars licensed dealers from transferring any firearm to a person under 21, with narrow exceptions allowing 18- to 20-year-olds to buy a non-handgun firearm with a valid hunting license, with honorable military discharge, or as an authorized peace officer.
Does my employer have to let me store a gun in my car at work?
No. California has no 'guns-in-trunks' statute requiring employers to allow employees to store firearms in personal vehicles parked in employer lots. Employers may prohibit firearms in vehicles in their parking areas as a condition of employment.
Can I carry a handgun in a bar or restaurant that serves alcohol?
No, even with a CCW license. Penal Code § 26230 prohibits a CCW licensee from carrying in any building where intoxicating liquor is sold for on-premises consumption. The Ninth Circuit's 2024 Wolford decision specifically upheld the bar / alcohol-serving-restaurant restriction as within the historical 'sensitive places' tradition.
Does California preempt city and county gun ordinances?
Only partially. California has no express, comprehensive preemption statute. Field preemption is decided judicially: in Fiscal v. City and County of San Francisco (2008), the Court of Appeal held the state had occupied the field as to handgun possession bans and city-wide firearm/ammunition sale prohibitions. Many local ordinances regulating storage, dealer licensing, taxes, or transfer surcharges remain in force.
What is a Firearm Safety Certificate (FSC)?
An FSC is a certificate issued after passing a 30-question true/false-and-multiple-choice DOJ-administered test (75% pass mark) on California firearm safety and law. Penal Code § 31610 et seq. requires a valid FSC for nearly all firearm purchases or transfers in California. The certificate is valid for 5 years.
Can I carry on a K-12 school campus or near one?
No. Penal Code § 626.9 (Gun-Free School Zone Act) makes it a felony to possess a firearm on K-12 school grounds or within 1,000 feet of those grounds, with exceptions for peace officers, school-authorized activities, and private property with the owner's consent. SB 2 explicitly removed K-12 schools from the carve-outs that previously protected CCW licensees.
Suppressors and Short-Barreled Rifles
Since October 9, 2026, ATF does not require federal registration or a tax stamp for suppressors or short-barreled rifles (what changed and what didn't). California's own law still applies, and it is set out below.
California Penal Code § 33410 makes possession of a silencer by any person, firm or corporation a felony. The exceptions in § 33415 run only to law enforcement, the military and manufacturers or dealers selling to authorized agencies, and there is no civilian permit and no federal-registration exception, so ATF's policy changes nothing here.
There is no hunting use, because possession itself is a felony for every species and every season.
Penal Code § 33215 bars manufacturing, importing, selling, lending and possessing a short-barreled rifle, meaning a barrel under 16 inches or an overall length under 26 inches. A California DOJ permit under §§ 33300 and 33225 exists on a good-cause showing but is rarely issued to private individuals, and short-barreled configurations are also caught by the state's assault weapon scheme.
Short-barreled rifles may not be manufactured, imported, sold, given, loaned or possessed, subject only to a rarely granted DOJ permit.
Cal. Penal Code § 33215 (short-barreled rifles and shotguns)
ATF stopped requiring NFA approval and registration for suppressors, short-barreled rifles, short-barreled shotguns and AOWs on October 9, 2026, but says the policy does not affect state or local law and that it cannot say whether an unregistered item counts as lawfully held under federal law for state-law purposes. California's bans are absolute, so the enforcement-discretion question does not arise.
"ATF cannot opine on whether holding an unregistered firearm or silencer pursuant to ATF's enforcement discretion will qualify for state-law purposes as lawfully held (or registered) under federal law."
Checked against the statutes on October 11, 2026.
Permitless / Constitutional Carry
California prohibits carrying a concealed pistol, revolver, or other firearm capable of being concealed upon the person — whether on the person or in a vehicle — absent a license issued under §§ 26150/26155 or a statutory exception. There is no permitless concealed carry in California.
"Carries concealed within any vehicle... any pistol, revolver, or... Carries concealed upon the person any pistol, revolver, or other [firearm capable of being concealed upon the person]."
Concealed Carry Permit
A county sheriff shall issue a concealed-carry license to an applicant who is at least 21, is not a 'disqualified person' under § 26202, resides or has a principal place of employment or business in the county, has completed the training course described in § 26165, and is the DOJ-recorded owner of the pistol, revolver, or other firearm for which the license will be issued.
"the applicant is at least 21 years of age, and presents clear evidence of the person's identity and age... the applicant has completed a course of training as described in Section 26165."
Penal Code § 26150 statute
The chief or other head of a municipal police department of any city or city and county may issue a concealed-carry license to a city resident upon the same § 26202 / § 26165 standards that apply to sheriffs.
"The applicant is at least 21 years of age, and presents clear evidence of the person's identity and age... The applicant has completed a course of training as described in Section 26165."
Penal Code § 26155 statute
The CCW training course for new license applicants must be no less than 16 hours in length and is set by the licensing authority. Renewal courses must be no less than 8 hours. Licensing authorities may instead require a POST-certified community college course of up to 24 hours if applied uniformly.
"The course shall be no less than 16 hours in length."
Penal Code § 26165 statute
A person is a 'disqualified person' ineligible for a CCW license if reasonably likely to be a danger to self, others, or the community, or upon any of the enumerated grounds — including specified criminal convictions in the prior 10 years, certain restraining or protective orders, unlawful or reckless firearm display, current substance abuse, or unreported loss of multiple firearms within 10 years.
"reasonably likely to be a danger to self, others, or the community at large."
Penal Code § 26202 statute
The California Department of Justice Bureau of Firearms administers the CCW Certified Instructor program, the handgun roster, the Firearm Safety Certificate program, the Ammunition Purchase Authorization Program, and the Dealer Record of Sale (DROS) system. CCW licenses themselves are issued by county sheriffs and city police chiefs, not by the DOJ.
"Carry Concealed Weapon Program DOJ Certified Instructor Information"
Open Carry
California prohibits openly carrying an exposed, unloaded handgun on the person or in a vehicle in any public place or public street in an incorporated city or city and county. Open carry of a loaded handgun is separately prohibited by § 25850.
"A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following: (A) A public place or public street in an incorporated city or city and county."
Carrying a loaded firearm on the person or in a vehicle in any public place or public street in an incorporated city or city and county — or in a 'prohibited area' of an unincorporated area — is a misdemeanor, subject to limited exceptions including a valid CCW license.
"A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county."
Vehicle Carry
A non-licensee transporting a handgun in a motor vehicle must keep it unloaded and locked in the vehicle's trunk or in a locked container in the vehicle. A locked glove compartment or center console does not satisfy this requirement under California Department of Justice guidance; the utility box, glove box, or console area is not considered a 'locked container.'
"The firearm is unloaded, within a motor vehicle, and locked in the vehicle's trunk or in a locked container in the vehicle... The firearm is unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container."
Penal Code § 25610 statute
Under California Department of Justice guidance, the utility/glove compartment of a vehicle is not considered a 'locked container' for purposes of § 25610; handguns must be transported unloaded and either locked in the trunk or in a separate locked container (such as a lockable hard case).
"Transporting firearms in California"
Reciprocity
California does not honor or recognize concealed-carry licenses or permits issued by any other state. CCW licenses are issued only by a California county sheriff to county residents or by a city police chief to city residents (and, as of April 22, 2025, eligible non-residents may apply for a California CCW under a federal court order in Carralero v. Bonta). California does not publish an outbound reciprocity matrix because recognition of California licenses is governed entirely by each receiving state's own law.
"CCW licenses/permits issued in other states are not valid in California."
California DOJ — CCW Program (no recognition of out-of-state permits) ag
Castle Doctrine
Section 198.5 codifies a castle-doctrine presumption: any person using force intended or likely to cause death or great bodily injury against another person who has unlawfully and forcibly entered the residence is presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when using that force.
"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence."
Penal Code § 198.5 statute
Stand Your Ground
California has no statutory stand-your-ground provision. The doctrine is established through long-standing California case law (e.g., People v. Hughes, 107 Cal. App. 2d 487 (1951)) and the Judicial Council's pattern jury instructions (CALCRIM No. 505): a defendant lawfully acting in self-defense is not required to retreat, may stand their ground and defend themselves, and may pursue an assailant until the danger has passed. The bracketed no-retreat paragraph and the Bench Notes' 'No Duty to Retreat' authority (People v. Hughes (1951) 107 Cal.App.2d 487, 493) were read in the official 2026 CALCRIM PDF on courts.ca.gov, 2026-10-16.
"[A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury/<insert forcible and atrocious crime>) has passed. This is so even if safety could have been achieved by retreating.]"
Duty to Disclose
California law does not impose a general statutory duty to proactively inform a law enforcement officer that you are carrying a firearm. A CCW licensee, however, must carry the license while carrying and present it on a peace officer's demand.
"Carry Concealed Weapon Program"
California — no statutory duty to disclose; CCW licensees must present license on demand ag
Prohibited Places
SB 2 (2023) added § 26230, listing approximately 26 categories of 'sensitive places' where a CCW licensee may not carry a firearm — including schools, childcare facilities, government buildings, courthouses, public transit, hospitals, places of worship, bars, parks, athletic venues, libraries, financial institutions, and any privately owned commercial establishment open to the public absent posted permission. The Ninth Circuit's 2024-09-06 Wolford / May / Carralero opinion enjoined a subset of these (notably the default 'no carry' rule on private commercial property and certain financial-institution and parking-area provisions); other sensitive-place restrictions remain in force.
"A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person... shall not carry [it] into any of the following places... a place prohibited by Section 626.9 [school]..."
Penal Code § 26230 statute
Knowing possession of a firearm in a 'school zone' — defined as a K-12 public or private school grounds, or within 1,000 feet of those grounds — is a felony, with exceptions for peace officers, school-authorized activities, private property where the owner consents, and certain transport situations. A CCW license alone no longer authorizes carry on K-12 campuses or in school zones.
"Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f)."
Bringing or possessing a firearm or other listed weapon into a state or local public building, or any public meeting required to be open to the public, is a public offense, with exceptions for peace officers, judges and justices with valid carry licenses, and authorized security personnel.
"Any person who brings or possesses within any state or local public building... any of the following is guilty of a public offense [including a firearm]."
Penal Code § 171b (firearms in state and local public buildings) statute
Knowingly possessing a firearm in a public transit facility — including buses, trains, stations, and terminals operated as part of a public transit system — is a misdemeanor, subject to exceptions for peace officers and for transporting unloaded firearms in checked baggage on systems that offer the service.
"It is unlawful for a person to knowingly possess any of the following in a public transit facility: (1) A firearm."
Background Checks
When neither party to a firearm transfer is a licensed dealer, the parties must complete the sale, loan, or transfer through a licensed firearms dealer, who in turn runs a DOJ background check (DROS) and observes the 10-day waiting period. This makes California a universal background check state.
"the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer."
Penal Code § 27545 (dealer-routing requirement for private transfers) statute
A firearm may not be delivered to the purchaser within 10 days of the application to purchase. The firearm must be delivered unloaded and securely wrapped or in a locked container, the purchaser must present clear evidence of identity and age, and the dealer must not deliver if DOJ has advised that the person is prohibited.
"No firearm shall be delivered... Within 10 days of the application to purchase."
Ammunition vendors must obtain DOJ authorization before transferring ammunition to a purchaser. DOJ cross-references the purchaser's information with the Automated Firearms System (AFS) and the Prohibited Armed Persons File; if eligibility cannot be verified the transaction is denied. The constitutionality of this regime is currently before the Ninth Circuit en banc in Rhode v. Bonta (argument scheduled for the week of March 23, 2026); the law remains in effect.
"the department shall cross-reference the ammunition purchaser's or transferee's name, date of birth, current address, and driver's license or other government identification number... with the information maintained in the AFS."
California's Unsafe Handgun Act prohibits the manufacture, importation for sale, sale, offering, gifting, or lending of an 'unsafe handgun' — i.e., one that has not been tested and listed on the DOJ's roster of handguns certified for sale. Private-party transfers, curio-and-relic handguns, and certain single-action revolvers are exempt. The microstamping, chamber-load-indicator, and magazine-disconnect prongs were enjoined by Boland v. Bonta (C.D. Cal. 2023); only the microstamping injunction was left unappealed.
"A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year."
Penal Code § 32000 (Unsafe Handgun Act — handgun roster) statute
Minimum Purchase Age
California licensed firearms dealers shall not sell, supply, deliver, or transfer any firearm to a person under 21 years of age. Narrow exceptions allow 18- to 20-year-olds to buy non-handgun firearms with a valid hunting license, with honorable military discharge documentation, or as active or reserve peace officers authorized in their employment.
"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."
Penal Code § 27510 statute
Federal law prohibits a federally licensed dealer from selling a handgun to anyone under 21 and a long gun to anyone under 18. California layers a stricter long-gun rule on top: dealers cannot sell any firearm to a person under 21, with limited carve-outs.
"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."
Firearm Registration
Every firearm purchase processed through a California dealer is recorded in the DOJ's Dealer Record of Sale (DROS) database and added to the Automated Firearms System (AFS), creating a state-maintained registry of firearm ownership. The dealer's records must be retained at least three years; DOJ retains transferee records indefinitely.
"On the date of the application to purchase, the record of applicant information shall be transmitted to the Department of Justice by electronic or telephonic transfer."
Penal Code § 28215 (Dealer Record of Sale transmission to DOJ) statute
Before assembling or manufacturing a firearm in California, a person must apply to the DOJ for a unique serial number under § 29182, then engrave or permanently affix that number to the firearm within 10 days of manufacture and notify the DOJ. AB 1621 (2022) tightened this requirement and, effective January 1, 2024, made possession of an unserialized firearm a criminal offense; persons in possession of previously-built self-manufactured firearms had to apply for a DOJ serial number before that date.
"Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182... Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm."
Penal Code § 29180 (self-manufactured firearm serialization) statute
Red Flag / ERPO
California's Gun Violence Restraining Order (GVRO) law allows a family member, household member, employer, coworker (with employer approval), school employee (with administrator approval), roommate, dating partner, co-parent, or law enforcement officer to petition the superior court for an ex parte order restraining the subject from owning, possessing, purchasing, or receiving any firearm, ammunition, or magazine. Originally enacted by AB 1014 (Skinner, 2014) — the nation's first state ERPO law — and effective January 1, 2016.
"A court may issue an ex parte gun violence restraining order... if the petition... shows that there is a substantial likelihood that... [t]he subject of the petition poses a significant danger, in the near future, of causing personal injury to themselves or another by having in their custody or control... a firearm, ammunition, or magazine."
Penal Code § 18150 (Gun Violence Restraining Order — petition) statute
Assault Weapon Ban
California defines 'assault weapon' by enumerated features, including: a semiautomatic, centerfire rifle that does not have a fixed magazine and has any one of a list of features (pistol grip protruding conspicuously beneath the action, thumbhole stock, folding/telescoping stock, grenade or flare launcher, flash suppressor, or forward grip); any semiautomatic centerfire rifle with a fixed magazine that holds more than 10 rounds; semiautomatic centerfire rifles less than 30 inches overall; and parallel definitions for semiautomatic pistols and shotguns.
"any of the following is an 'assault weapon': A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip."
Penal Code § 30515 statute
California's original Roberti-Roos Assault Weapons Control Act of 1989 (effective January 1, 1990) identified assault weapons by make-and-model in what is now Penal Code § 30510. Subsequent amendments by SB 23 (1999) and AB 1135 / SB 880 (2016) shifted to the features-based definitions in § 30515 and closed the 'bullet button' workaround.
"the term 'assault weapon' also means any of the following designated semiautomatic firearms [enumerated list]."
Penal Code § 30510 (Roberti-Roos enumerated list — original AWB) statute
Magazine Capacity
California prohibits the manufacture, import for sale, sale, gift, loan, or receipt of any 'large-capacity magazine' (defined elsewhere as a magazine capable of holding more than 10 rounds). Since July 1, 2017 (per Proposition 63, 2016), possession of a large-capacity magazine is also an infraction regardless of when acquired. The ban was upheld by the en banc Ninth Circuit in Duncan v. Bonta on March 20, 2025; a cert petition is pending before the U.S. Supreme Court.
"any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable."
Penal Code § 32310 statute
The en banc Ninth Circuit (7-4) upheld California's large-capacity magazine ban, holding that magazines holding more than 10 rounds are 'accessories' rather than 'arms' under the plain text of the Second Amendment and that, in any event, the ban is consistent with the Nation's historical tradition of firearm regulation. The plaintiffs filed a petition for certiorari with the U.S. Supreme Court on August 17, 2025.
"magazines are 'accessories' rather than 'arms,' and even if they were arms, the ban is consistent with historical regulations that prohibited especially dangerous uses of weapons."
Duncan v. Bonta, No. 23-55805 (9th Cir. Mar. 20, 2025) (en banc) court
NFA Items
California prohibits possession of a silencer (suppressor) by any person, firm, or corporation, punishable as a felony with imprisonment and/or a fine of up to $10,000. Unlike most NFA items, federal ATF registration does not provide a state-law defense for civilian possession in California.
"Any person, firm, or corporation who within this state possesses a silencer is guilty [of a felony]."
Suppressors, short-barreled rifles, short-barreled shotguns, and machine guns are regulated under the federal National Firearms Act, which requires ATF registration and a transfer tax. California, however, independently prohibits civilian possession of suppressors (§ 33410), short-barreled rifles (§ 33215), and machine guns (§ 32625) — federal NFA compliance is not a defense for these items.
"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."
California independently prohibits the manufacture, importation, sale, offering, gift, loan, or possession of a short-barreled rifle or short-barreled shotgun, subject to narrow law-enforcement and permit exceptions under §§ 33220 and 33225. Federal ATF NFA registration is not a defense for civilian possession in California.
"any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170."
Penal Code § 33215 (short-barreled rifles and shotguns) statute
California independently prohibits possession or knowing transportation of a machinegun within the state, subject to narrow exceptions for authorized persons under the chapter. Federal NFA tax-stamp compliance is not a defense to the California offense; civilian possession is a felony punishable under § 1170(h) and/or a fine of up to $10,000.
"Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment."
Penal Code § 32625 (machineguns) statute
State Preemption
California has no express, comprehensive statutory preemption clause for firearm regulation. Preemption is field-specific and judicially construed: in Fiscal, the California Court of Appeal struck down San Francisco's Proposition H (which banned handgun possession by city residents and barred firearm/ammunition sales city-wide), holding that the state had occupied the field of firearm regulation in those specific respects. Many California cities and counties still impose firearm- or ammunition-related ordinances (e.g., sale taxes, storage rules, dealer licensing) that are not preempted.
"the City's home rule power under the California Constitution did not override state preemption because the field being regulated was one of statewide, rather than local, concern."
Fiscal v. City and County of San Francisco, 158 Cal. App. 4th 895 (2008) court
Recent Changes
Senator Portantino's SB 2 (Chapter 249, Statutes of 2023) overhauled California's concealed-carry regime in response to the U.S. Supreme Court's decision in N.Y. State Rifle & Pistol Association v. Bruen. It eliminated the 'good cause' requirement, replaced it with the objective disqualifier list in § 26202, raised the new-applicant training minimum to 16 hours (§ 26165), required range and live-fire instruction, and added the sensitive-places list at § 26230. Approved September 26, 2023; operative January 1, 2024.
"An act to amend Sections 171b, 171d, 171.5, 171.7, 626.9, 25610, 25850, 26150, 26155, 26165, 26170, 26175, 26185, 26190, 26195, 26200, 26205, 26210, 26220, 26225, 29805, and 30370 of, to add Sections 25350, 26162, 26206, and 26230, and 26235 to, and to repeal and add Section 26202 of, the Penal Code, relating to firearms."
Senate Bill 2 (2023), Chapter 249 of the Statutes of 2023 statute
The Ninth Circuit (in a combined opinion covering Wolford v. Lopez, May v. Bonta, and Carralero v. Bonta) largely reversed the preliminary injunctions against California's SB 2 sensitive-places list, holding that bars, restaurants serving alcohol, parks, playgrounds, athletic venues, casinos, stadiums, arenas, public libraries, amusement parks, zoos, and museums are within the historical tradition of 'sensitive places.' The court affirmed the injunction as to certain other categories (notably the default 'no-carry' rule on private commercial property without express posting). The U.S. Supreme Court granted certiorari in the Hawaii companion case (Wolford v. Lopez) on October 3, 2025.
"the Ninth Circuit held that some places specified by the Hawaii and California laws likely fall within the national tradition of prohibiting firearms at sensitive places, such as bars and restaurants that serve alcohol, parks, and similar areas."
Wolford v. Lopez, No. 23-16164 (9th Cir. Sept. 6, 2024) court
AB 28 (Gabriel), the Gun Violence Prevention and School Safety Act, imposes an 11% excise tax on retail sales of firearms, firearm precursor parts, and ammunition by licensed California dealers, manufacturers, and ammunition vendors. The tax took effect July 1, 2024, is administered by the CDTFA, and is layered on top of the federal Pittman-Robertson excise tax. Active and retired peace officers and quarterly sales below $5,000 are exempt.
"An excise tax of 11 percent is imposed upon a licensed firearms dealer, firearms manufacturer, and ammunition vendor's gross receipts from the retail sale of any firearm, firearm precursor part, or ammunition."
Assembly Bill 28 (2023), Chapter 231 — 11% firearms and ammunition excise tax statute
AB 1621 (Gipson) tightened California's ban on unserialized firearms and firearm precursor parts. Beginning January 1, 2024, possession of a firearm without a state- or federally-issued serial number is a misdemeanor (later a wobbler), and individuals possessing a previously-built self-manufactured firearm were required to apply to the DOJ for a unique serial number under § 29180 before that date. Signed June 30, 2022.
"the bill is now one of the strongest ghost gun laws in the nation, making it illegal to manufacture or possess unserialized gun parts and kits."
Assembly Bill 1621 (2022), Chapter 76 — unserialized firearms / 'ghost guns' statute
On March 20, 2023 Judge Cormac J. Carney of the U.S. District Court for the Central District of California preliminarily enjoined enforcement of three Unsafe Handgun Act roster requirements, the chamber load indicator, the magazine-disconnect mechanism and microstamping, as inconsistent with the Second Amendment under Bruen. Confirmed from the order itself (court PDF via RECAP) and from the State's March 27, 2023 Ninth Circuit stay motion (No. 23-55276, Dkt. 2-1), which sought a partial stay only for the chamber-load-indicator and magazine-disconnect requirements and expressly did 'not seek a stay of the portion of the district court's order preliminarily enjoining the microstamping requirement.' The State's notice of appeal covered the whole order. Marked partial: the later Ninth Circuit history (submission vacated pending the Duncan v. Bonta en banc decision) and the as-of-2026 status of microstamping were not confirmed from a court document in this pass.
"Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves. They should not be forced to settle for decade-old models of handguns ... the UHA’s CLI, MDM, and microstamping requirements do exactly that."
Recent Law Changes
Rhode v. Bonta — Ninth Circuit panel strikes ammo background check (under en banc review)
effective July 24, 2025A Ninth Circuit panel affirmed a permanent injunction against California's Proposition 63 ammunition background-check regime (Penal Code § 30370), holding it violates the Second Amendment. On December 1, 2025 the Ninth Circuit granted California's petition for rehearing en banc; oral arguments are scheduled for the week of March 23, 2026. The ammunition eligibility check therefore remains in effect during the rehearing.
Carralero v. Bonta — non-residents may apply for California CCW
effective April 22, 2025Pursuant to a federal court order in Carralero v. Bonta, the California DOJ began allowing eligible non-residents to apply for a California concealed-carry license on April 22, 2025. Applicants must apply in a California jurisdiction in which they intend to spend time within the subsequent 12 months and attest to that intention under oath. The order does not create outbound reciprocity and does not require California to honor any out-of-state permit.
Duncan v. Bonta — Ninth Circuit (en banc) upholds 10-round magazine ban
effective March 20, 2025The en banc Ninth Circuit, 7-4, upheld California's large-capacity magazine ban (Penal Code § 32310), holding that magazines holding more than 10 rounds are 'accessories' rather than 'arms' for Second Amendment purposes and that, in any event, the ban is consistent with the Nation's historical regulatory tradition. The plaintiffs petitioned the U.S. Supreme Court for certiorari on August 17, 2025; the case is pending.
Duncan v. Bonta, No. 23-55805 (9th Cir. Mar. 20, 2025) (en banc)
Wolford v. Lopez — Ninth Circuit largely upholds SB 2 sensitive-places list
effective September 6, 2024Decided alongside May v. Bonta and Carralero v. Bonta, the Ninth Circuit reversed most of the district-court preliminary injunction against California's § 26230 sensitive-places list, holding that bars, restaurants serving alcohol, playgrounds, parks, athletic venues, casinos, stadiums, public libraries, amusement parks, zoos, and museums fall within the historical tradition of 'sensitive places.' The court affirmed the injunction for a narrower set of categories, including the default 'no-carry' rule on private commercial property absent posting. The U.S. Supreme Court granted certiorari in the companion Hawaii case (Wolford v. Lopez) on October 3, 2025.
AB 28 (Gabriel) — 11% firearms and ammunition excise tax
effective July 1, 2024The Gun Violence Prevention and School Safety Act imposes an 11% California excise tax on retail sales of firearms, firearm precursor parts, and ammunition by California dealers, manufacturers, and ammunition vendors. Revenue is dedicated to violence prevention and school safety programs. Active and retired peace officers and quarterly sales under $5,000 are exempt.
SB 2 (Portantino) — post-Bruen CCW rewrite and sensitive-places list
effective January 1, 2024Chapter 249 of the Statutes of 2023 replaced California's 'may-issue / good cause' concealed-carry regime with a shall-issue scheme keyed to objective disqualifiers (§ 26202), raised the new-applicant training minimum to 16 hours including live fire (§ 26165), and added the § 26230 sensitive-places list. A federal preliminary injunction was issued December 20, 2023; the Ninth Circuit largely reversed the injunction in Wolford v. Lopez (Sept. 6, 2024).
AB 1621 (Gipson) — unserialized 'ghost gun' criminalization
effective January 1, 2024Effective January 1, 2024, possession of a firearm not bearing a state- or federally-issued serial number became unlawful. Individuals who previously self-manufactured a firearm had to apply to the DOJ for a unique identifier under Penal Code § 29180 before that date. AB 1621 also bars the sale or transfer of unserialized firearm precursor parts and restricts CNC equipment used to mill firearms from being sold to non-licensees.
Where Carry Is Prohibited
School
Possession of a firearm on K-12 public or private school grounds, or within 1,000 feet of those grounds, is a felony under the Gun-Free School Zone Act. Limited exceptions exist for peace officers, school-authorized activities, and persons on private property with the owner's consent. CCW licensees are no longer exempt from the K-12 grounds rule after SB 2.
Courthouse
Bringing or possessing a firearm into a building designated for a court proceeding, or the parking area of a courthouse, is prohibited for CCW licensees under § 26230 and as a general matter under § 171b for any state or local public building.
Government Building
Bringing or possessing a firearm into any state or local public building, or any meeting required to be open to the public, is a public offense. CCW licensees are separately prohibited from carrying in buildings under the control of executive- or legislative-branch officers, local government units, and detention facilities (§ 26230).
Public Transit
Knowing possession of a firearm in a public transit facility — including buses, trains, stations, and terminals operated as part of a public transit system — is a misdemeanor. Exceptions apply for peace officers and for transporting unloaded firearms in checked baggage on transit systems that offer the service.
Bar Or Alcohol Serving Restaurant
A CCW licensee may not carry a firearm in any building or portion of a building where intoxicating liquor is sold for consumption on the premises. The Ninth Circuit specifically affirmed this restriction in Wolford v. Lopez (2024-09-06) as consistent with the historical sensitive-places tradition.
Park Or Athletic Venue
A CCW licensee may not carry in a playground, public or private youth center, park, athletic area, athletic facility, stadium, or arena. The Ninth Circuit upheld these restrictions in Wolford v. Lopez (2024-09-06).
Hospital Or Medical Facility
A CCW licensee may not carry in a building, real property, or parking area under the control of a public or private hospital, hospital affiliate, mental health facility, nursing home, or medical office.
Polling Place
A CCW licensee may not carry in a polling place, voting center, precinct, or other area or location where votes are being cast or counted.
Place Of Worship
A CCW licensee may not carry in a church, synagogue, mosque, or other place of worship unless the operator has expressly authorized firearms by clearly posted notice or written notice. The Ninth Circuit enjoined the broader 'private property default no-carry' rule but the place-of-worship restriction's status has shifted with subsequent rulings.
Private Commercial Property Open To Public
By default, § 26230(a)(26) prohibits a CCW licensee from carrying onto any privately owned commercial establishment that is open to the public unless the operator has clearly and conspicuously posted a sign or otherwise indicated that licensees are permitted. The Ninth Circuit enjoined this default 'no-carry' rule in Wolford v. Lopez (2024-09-06); the injunction remains in force as of June 2026.
Sources & Methodology
Every fact on this page is paired with a citation to the underlying statute, attorney general guidance, court opinion, or ATF document. We do not rely on summaries from advocacy organizations as primary sources. Last verified October 16, 2026 against the official sources.
Legal Disclaimer — Please Read
This page is for informational purposes only and is not legal advice. We are not attorneys and nothing here creates an attorney-client relationship. Gun laws are complex, change frequently, and are interpreted differently across jurisdictions and individual fact patterns.
Before relying on any information on this page — to carry a firearm, purchase a firearm, travel across state lines, or respond to a self-defense situation — you should:
- Verify the current text of any cited statute directly with the official state legislature, attorney general, or state police website.
- Check for amendments, pending litigation, or recent court rulings that may have changed the law since this page was last verified.
- Consult a licensed attorney in California for advice on your specific situation.
The controlling document is the statute or court ruling, not this page. We make no warranty as to the accuracy, completeness, or timeliness of this information, and we disclaim all liability for any reliance placed upon it.