Five Things About California Gun Law That Might Surprise You

California is known to have some of the most restrictive gun laws in the United States. Many Second Amendment advocates lambaste the California legislature for having unfairly encroached on citizens' gun rights. However, California firearms law is not so black-and-white. There are some surprising nuances.  

1. No Open Carry

Unlike other states, California is not an “Open Carry” state.  It used to be legal to openly carry a firearm...until the California legislature passed Assembly Bill 144 (codified as California Penal Code Section 26350.2 PC).  The date in which this open carry ban went into effect was January 1st, 2012.  Previous to that date, anybody could lawfully have had an unloaded firearm, on their person, in public. Thus, openly carrying either loaded or unloaded firearms is now a crime in California.

2. “Stand Your Ground” in California? 

With so much national hoopla regarding the George Zimmerman case and the shooting death of Trayvon Martin, many Californians have wondered: “do we have ‘stand-your-ground’ in this state?”

There is no legislatively codified “Stand Your Ground” law in California that explicitly a enunciates a “no retreat” policy or “castle doctrine.”  However, the common law (that is, case law) tells us that there a person may use deadly force against another who is threatening imminent death or great bodily injury.  Granted, you cannot use more force than is reasonably necessary to stave off the threat.  But, if the threat rises to the level of prospective fatality or severe bodily harm, one may use that force (which is commensurate with the threat) to thwart the attack.  In essence, this is California “self-defense.” 

The only qualifier appears to be that convicted felons who possess firearms do not have this right. In the first place, they are not entitled to possess firearms.  But it appears, from the case law, that this qualifier only attaches where the accused has actually been charged with being a “felon in possession of a firearm.”

Other than that, doesn’t sound too different from Florida’s controversial “Stand Your Ground,” does it? 

3. California Concealed Weapons Permit 

Contrary to popular belief, California does allow certain individuals to carry firearms in a concealed manner.  However, such persons require a “Concealed Weapons Permit.”  Let’s look at the requirements to be eligible for one:

a) The applicant must be of “good moral character;”

b) the applicant must be either (i) a resident in the county or a city in a county or (ii) spend a substantial portion of his or her time at his or her place of employment or business that is situated in a county or a city in a county; 

c) have good cause to warrant the grant of a permit;

d) have finished a certified/approved firearms training program.

“Good cause” can be established if the applicant demonstrates that:

1) there is a “clear and present danger” to the applicant’s person or immediate family; and

2) if the applicant is allowed to carry a concealed weapon, this would alleviate any such danger.

Judges, criminal defense attorneys, prosecutors, process servers and private investigators are more readily eligible for a concealed weapons permit given the potentiality of interacting with potentially dangerous individuals. 

4.  Felons Can’t Own, Possess, Buy, Sell or Receive Guns

If you are a convicted felon, are a narcotic drug addict, or have been convicted of certain misdemeanors (certain sex offenses, “assault with a deadly weapon,” etc.), you are legally barred from having a firearm.  Cal. Pen. Code Section 29800 PC.  This includes carrying, owning, being in possession of, purchasing or being in receipt of a firearm.  While gun rights can be restored in certain situations, there are suspension periods that can last from 10 years to life.  

5. You Need a Valid Permit to Lease, Sell or Transfer Firearms. Period. 

Unless you have a valid permit, or fall into a certain category (law enforcement officer, disposing gun you inherited, transferring guns at a gun show but do so infrequently, or in certain other situations), you simply cannot transfer, lease or sell a firearm.  

California firearms law and guns law can be extremely intricate and complex. Our San Gabriel Valley Criminal Defense Law Firm is highly versed and equipped with the knowledge and skill it takes to defend your Second Amendment rights.  If you have been charged with a gun crime, contact us at 1-855-FUK-JAIL (1-855-385-5245) or visit us at CoimbraLaw.com.  Free consultations available.

Caveat: Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Picture above is featured for illustrative purposes only and is no reflection on the person depicted whatsoever.  Attorney licensed in the State of California and, therefore, accepts California cases only.