Updated October 2026 | The Bulldog Law | California Firearm Offenses Defense

California regulates firearms more comprehensively than any other state, and the rules are spread across hundreds of Penal Code sections. In summary: an adult who is not a prohibited person may buy a handgun or long gun from a licensed dealer after a background check and a ten-day waiting period, may keep it at home or at a business, and may transport it unloaded in a locked container. Carrying a firearm in public requires a concealed carry license, which the state has issued on a shall-issue basis since the Supreme Court's Bruen decision in 2022, subject to the sensitive-place restrictions in Senate Bill 2; open carry is effectively prohibited. Felons, domestic violence misdemeanants, people under restraining orders, and people with certain mental health holds are barred from possession, for life or for a term. Assault weapons and magazines over ten rounds are banned, subject to ongoing federal litigation. Firearms in a home must be locked when not in the owner's control. And every one of those rules has a criminal statute behind it, with penalties from a misdemeanor to a felony with years in prison.

The Bulldog Law's firearm defense attorneys handle the cases these rules produce: the out-of-state visitor arrested with a legally purchased handgun in the glove box, the felon whose record from twenty years ago makes a hunting rifle a new felony, the domestic violence defendant who did not know a misdemeanor conviction ended his gun rights, the gun owner whose collection was seized on a restraining order, and the person charged with carrying concealed who believed the holster on the belt was open carry. What follows is the current law organized by the questions people actually ask, with each section linking to our attorneys' detailed page on the statute. Call (888) 928-1609 or message our team.

Who may own a firearm, and who may not

California law begins with a presumption that an adult may possess a firearm, and then removes it for the classes of prohibited persons listed in Penal Code 29800 through 29825 and Welfare and Institutions Code 8100 and 8103, which overlap with the federal prohibitions in 18 U.S.C. 922(g).

The felony prohibition is the one that produces the most cases, because it is lifetime, applies to convictions from any state, is not lifted by expungement, and is unknown to many people who were convicted long ago. The exits are narrow: a wobbler reduced to a misdemeanor under Penal Code 17(b) before any firearm is possessed, a certificate of rehabilitation and pardon under Penal Code 4854 that expressly restores the right, and, for the federal bar, a pardon. Our pages on the ten-year misdemeanor prohibition under Penal Code 29805 and on federal felon-in-possession charges under 922(g) cover the two prohibitions most often charged, and the felony status of domestic violence convictions page explains why a misdemeanor DV plea ends gun rights for life. The DOJ's firearm eligibility check lets a person confirm their status before buying.

Buying a firearm

All sales, including private transfers, must go through a licensed dealer, who runs a Dealer Record of Sale through the Department of Justice, which conducts the background check. A ten-day waiting period applies to every purchase. The buyer must be 21 for any firearm, with narrow exceptions for long guns for hunters and law enforcement, must present a California driver's license or identification and proof of residence, must hold a Firearm Safety Certificate from a written test, and must perform a safe handling demonstration. Handguns must be on the DOJ roster of certified handguns, a list that excludes most models newer than 2013 because of microstamping and other requirements, a rule under active federal litigation. Ammunition purchases also require a DOJ eligibility check at the point of sale. An 11 percent state excise tax on firearms and ammunition took effect in 2024. Buying a firearm for a prohibited person, or for anyone else while representing oneself as the buyer, is a straw purchase and a felony under both state and federal law, as our page on purchasing a firearm for someone else explains. Firearms must be registered to the owner through the DROS process; a person who moves to California must report their firearms to the DOJ within 60 days.

Keeping a firearm: storage, ghost guns, and seizure

Storage. California's criminal storage laws under Penal Code 25100 and following punish keeping a loaded firearm where a child or a prohibited person is likely to access it, with penalties that rise with the harm. Penal Code 25135, effective in 2026, goes further for residences, requiring firearms to be stored in a locked container or disabled with a locking device whenever not in the owner's immediate possession or control; our pages on the 2026 storage requirements and on defenses to unsafe storage charges cover the statutes.

Ghost guns. Firearms must bear a serial number; a self-built or privately manufactured firearm must be serialized through the DOJ under Penal Code 29180, and possession of an unserialized firearm is a misdemeanor, with the sale of kits and precursor parts restricted. Our page on serial number requirements under Penal Code 29186 covers the rules.

Seizure. Firearms are taken by police at domestic violence calls under Penal Code 18250, on the issuance of a restraining order, on a 5150 hold, and under a gun violence restraining order, California's red flag law under Penal Code 18100 and following, which lets a family member, employer, coworker, teacher, or officer petition for an order removing firearms from a person who poses a danger. Our pages on firearm seizure during domestic violence incidents, on welfare-check registry searches, and on what police must do before returning a seized firearm cover the process, and our page on 5150 holds covers the five-year prohibition that follows one.

Carrying a firearm

California's carry rules changed in 2022 when the Supreme Court held in New York State Rifle & Pistol Association v. Bruen that states may not require applicants to show special need for a concealed carry license. California's good-cause requirement fell, sheriffs and police chiefs now issue licenses to qualified applicants, and the Legislature responded with Senate Bill 2, which raised training requirements, added disqualifications, and listed sensitive places where carry is prohibited even with a license: schools, government buildings, hospitals, bars, parks, public transit, banks, and, in a provision federal courts have enjoined in part, private businesses that have not posted signs allowing carry. Litigation over SB 2's sensitive-place list continues, and the enforceable list changes with each ruling.

Penal Code 25850 and 25400 are the statutes behind most carry arrests, and our pages on open carry under 25850 and 26350 and on concealed carry charges under 25400 cover the elements and the aggravators that turn a misdemeanor into a felony. The transport rule, unloaded and locked, is the one that catches visitors and new residents, and our page on transporting firearms between authorized locations explains the exemptions; flying with a firearm has its own federal rules, covered on our page on checking a firearm on a plane. Drawing or exhibiting a firearm in a threatening manner is brandishing under Penal Code 417, a separate offense whether or not the carry itself was lawful.

Assault weapons, magazines, and other restricted items

The Assault Weapons Control Act, Penal Code 30500 and following, prohibits the manufacture, sale, and, for most people, possession of firearms defined as assault weapons by name, by feature (a centerfire semi-automatic rifle with a detachable magazine and a pistol grip, flash suppressor, or other listed feature), and by the 2016 bullet-button amendments; owners who registered before the deadlines may keep them. Large-capacity magazines holding more than ten rounds are banned under Penal Code 32310, a statute the Ninth Circuit upheld en banc in Duncan v. Bonta in 2025 after years of litigation, with further review possible. Short-barreled rifles and shotguns, silencers, machine guns, and conversion devices that make a semi-automatic weapon fire automatically are prohibited, with the conversion device provisions expanded in 2024 and 2025. Possession of ammunition by a prohibited person is its own offense under Penal Code 30305. The DOJ's firearms page maintains the current lists and the roster, and the status of the assault weapon and magazine bans in federal court is checked before any advice is given, because it changes.

The crimes

Most firearm arrests in California are for carry violations by people who could lawfully own the gun, and most of those cases are defended on the search that found it, the elements of the carry statute, and the exemptions. Prohibited-person cases are defended on knowledge of the prohibition where the statute requires it, on constructive possession, and on the validity of the underlying prohibition. The firearm enhancements under Penal Code 12022.53, which add ten, twenty, or twenty-five years to life for using a gun in a listed felony, are now strikeable by the judge under Penal Code 1385, which has changed the negotiation in every case that carries one. California's knife rules, which are a separate body of law, are covered on our knife laws page.

Frequently asked questions

Can you carry a gun in California?

Only with a concealed carry license, with narrow exceptions. Open carry of a loaded or unloaded handgun in public is prohibited in incorporated cities and most populated areas, and carrying a concealed handgun without a license is a crime under Penal Code 25400. Since the Supreme Court's 2022 Bruen decision California issues concealed carry licenses on a shall-issue basis to applicants who complete training and background checks, but SB 2 bars carrying even with a license in a long list of sensitive places. A firearm may be transported unloaded in a locked container, and kept at home or at a business.

Can a felon own a gun in California?

No. Any felony conviction, in any state or federal court, results in a lifetime prohibition on possessing firearms and ammunition under Penal Code 29800 and federal law. The prohibition is not lifted by expungement under Penal Code 1203.4. It can be lifted only by reducing a wobbler felony to a misdemeanor under Penal Code 17(b), by a certificate of rehabilitation and Governor's pardon that expressly restores firearm rights, or, for the federal bar, by a pardon. Possession by a felon is itself a felony with up to three years, and a federal charge under 18 U.S.C. 922(g) with up to 15.

Is open carry legal in California?

Not in any practical sense. Penal Code 25850 prohibits carrying a loaded firearm in public, and Penal Code 26350 and 26400 prohibit openly carrying an unloaded handgun or long gun in incorporated areas and prohibited areas of unincorporated counties. The exceptions are hunting, shooting ranges, and certain rural unincorporated areas for unloaded long guns. A person who openly carries a handgun in a California city is committing a misdemeanor, and a loaded one can be a felony depending on the circumstances.

What are the new California gun laws for 2026?

The laws taking effect in 2025 and 2026 include the firearm storage requirements under Penal Code 25135, requiring firearms in a residence to be locked up when not in the owner's immediate control; expanded sensitive-place restrictions for concealed carry under SB 2 as litigation resolves; the 11 percent excise tax on firearms and ammunition that began in 2024; the glock-switch and conversion-device provisions; and additional restrictions on firearm advertising to minors. The DOJ's firearms page lists the current statutes, and several remain in federal court.

Can you have a gun in your car in California?

Yes, if it is unloaded and, for a handgun, in a locked container other than the glove box or console, and the ammunition is separate. A loaded firearm in a vehicle in public is a crime under Penal Code 25850, and a concealed loaded or unloaded handgun accessible to the driver is a crime under 25400 unless the driver has a concealed carry license. Long guns may be unloaded in the vehicle without a locked container. These rules apply to residents and visitors alike.

Related reading from our attorneys

• The ten-year firearm prohibition under Penal Code 29805
• Open carry laws under Penal Code 25850 and 26350
• Federal felon-in-possession charges under 18 U.S.C. 922(g)

Charged with a firearm offense? The rules are complicated, and the defenses are in the details

The Bulldog Law's firearm offenses attorneys defend carry, possession, prohibited-person, assault weapon, and enhancement cases in California state and federal courts, and pursue the restoration of firearm rights where the law allows. Visit our criminal defense page, call (888) 928-1609, or reach us online.