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How Do California's Strict Gun Laws Differ From Federal Law?
A truck dumps approximately 3,500 confiscated guns to be destroyed into a pile at Gerdau Steel Mill on July 19, 2018 in Rancho Cucamonga, California. (David McNew/Getty Images)
Waiting periods, assault weapons bans -- you may have heard that California's gun laws are among the strictest in the nation. What does that mean, exactly? We break it down for you.
| CALIFORNIA | FEDERAL | |
|---|---|---|
| WAITING PERIOD | Ten-day waiting period before a firearm can be released to a buyer or transferee. | No federal waiting period. Under the National Instant Criminal Background Check System (NICS), a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check, which can take minutes. If the FBI is unable to complete a background check within three business days, the dealer may complete the transfer by default. |
| ASSAULT WEAPONS | Banned in California. As of 2018 certain AR-15 rifles with "bullet buttons" are no longer exempt and must be modified. | Currently legal. Banned between 1994 and 2004. |
| AGE REQUIREMENTS | Same as federal: Individual must be at least 18 years old to purchase a rifle or shotgun, and at least 21 years old to purchase a handgun. | Same as California: Individual must be at least 18 years old to purchase a rifle or shotgun, and at least 21 years old to purchase a handgun. |
| PURCHASE LIMIT | Purchasing more than one handgun within any 30-day period is prohibited except in specific circumstances. There is no limit on the number of rifles or shotguns that can be purchased. | Federal law does not limit the number of guns a person may buy in any given time period. |
| PERMIT | No permit required. However, handgun buyers must pass a Firearm Safety Certificate test before the purchase. | No |
| REGISTRATION OF FIREARMS | New California residents must report their ownership of firearms to the DOJ or sell/transfer them within 60 days. | No |
| LICENSING OF OWNER | None | None |
| PERMIT TO CARRY CONCEALED WEAPONS IN PUBLIC | California requires a permit to carry a weapon, issued by a sheriff or police chief. There must be a reason -- usually self defense, and the person must be of "good moral character." Some counties, including Los Angeles, refuse to issue permits. But a permit issued in one jurisdiction allows you to carry a gun anywhere in the state. | None |
| PURCHASE AND POSSESSION OF FIREARM | California prohibits other categories of people in addition to federal law, such as: - those convicted of violent or gun-related misdemeanors - those deemed by the court to be a danger to oneself or others |
Federal law prohibits the purchase and possession of firearms by people who fall within certain categories, such as: - convicted felons - domestic abusers - illegal drug addicts or abusers - people with specific kinds of mental health histories - undocumented immigrants - dishonorably discharged service members -- people with restraining orders |
| POSSESSION OF LARGE CAPACITY MAGAZINES | California bans the sale or manufacture of ammunition magazines that can hold more than 10 cartridges or rounds. A ban on possessing magazines purchased prior to 2000 has been challenged in court. | Possession is no longer prohibited after the expiration of the federal Assault Weapons ban in 2004. |
| PURCHASING A FIREARM | All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. | A transaction between unlicensed private parties in the same state does not require record-keeping. A transaction between unlicensed private parties in different states require transfer to a federal firearms licensee in the buyer's state. |
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