(This is lifted verbatim from a lawyer's site and describes some aspects of California gun laws. I am skipping the part in it about "requirements to carry a concealed weapon" since, for the overwhelming majority of California residents, it is irrelevant.
California police and sheriff agencies rarely, and in some counties practically never, issue CCW (carrying concealed weapon) permits to ordinary citizens regardless of what the law says. So "C.C.W. requirements" are largely a moot point.
This image underscores my point. Notice that, since 2000, ONLY 874 CCW permits have been issued for the entire COUNTY OF LOS ANGELES. This is an average of 62 per year. LA county has a population of 10 million people. So these rates of "CCW issue" approach those of England or Australia, or other gun-averse countries let alone an American (police) state. ~FJF)
BEGIN ARTICLE (Article edited for length, full article is at the link)
In California many people can legally own or possess guns. But even those who lawfully own guns are subject to numerous restrictions.
California's gun laws are loaded with nuances and exceptions.
Our California criminal defense lawyers include former cops and former district attorneys.1
We know when... and where... it is legal to own and carry a gun. And if you or someone you know is charged with a gun-related crime in California, we can help.
The following people are generally prohibited from acquiring or possessing a gun in California:
felons (that is, anyone convicted of any felony offense in any jurisdiction),5 persons who are addicted to narcotics,6 persons with two (2) or more convictions under Penal Code 417, California's law against brandishing a weapon ,7 persons convicted of certain misdemeanor offenses,8 persons who suffer from mental illness,9 and minors (that is, anyone under 18).10 If you are prohibited from owning a gun, you are also prohibited from owning ammunition.11
Anyone else may possess a firearm or ammunition (other than armor piercing ammunition12 ). However, in order to purchase a handgun, you must possess a valid handgun safety certificate. If you have the legal right possess a gun, there are several ways to exercise your Second Amendment right to bear arms .
Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms.16
Penal Code 26500 makes it a misdemeanor to sell, lease, or transfer a gun without a license.17Violators face up to:
One (1) year in county jail; and/or A maximum $1,000 fine; 2. California laws against possessing or carrying firearmsNumerous California gun laws prohibit possessing or carrying firearms under certain circumstances.
You face criminal penalties if you:
Possess or carry an illegal firearm, or Illegally carry or possess an otherwise legal firearm. Some of the most relevant California firearm offenses include (but are not limited to):
2.1. Penal Code 29800 PC -- California's "felon with a firearm" law
prohibits three groups of people from owning or acquiring guns:
convicted felons, anyone convicted of specific misdemeanors, and narcotic drug addicts.18 Note that federal law prohibits gun ownership by people in additional categories, including:
anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one (1) year, anyone who has been discharged from the military under dishonorable conditions, illegal aliens, anyone who has renounced his or her US citizenship, anyone under a court order for a stalking crime, and fugitives from justice.19 Penalties for being a felon with a firearm in California
If you fall within one of the groups mentioned above and you:
own, possess, purchase, or receive
a gun... your gun rights can be revoked for a minimum of 10 years.20 In some cases, your gun rights can be revoked for life.21 If you are a juvenile, you will not be able to own a gun until you are 30 years old.22
2.2. Penal Code 25400 PC -- California's "carrying a concealed firearm" law
This statute makes it a crime to carry a concealed firearm on your person or in a vehicle.23 To convict you under this law, prosecutors must prove that you knew you were carrying a concealed firearm.24
If, for example, someone left his/her gun under the passenger seat of your car without your knowledge, you aren't guilty of this offense.
In addition, you may transport a handgun you legally own or possess as long as it is:
unloaded,25 and carried either:
within a motor vehicle and locked in the trunk, or in a locked container within the vehicle; or by you directly to or from any motor vehicle for any lawful purpose and within a locked container.26 Non-concealable firearms (rifles and shotguns) are not covered by Penal Code 25400. They do not need to be transported in a locked container. However, they must be unloaded while they are being transported.27
Penalties for carrying a concealed firearm in California
Absent aggravating circumstances, carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor.28 If convicted of misdemeanor carrying a concealed firearm, you face:
up to one (1) year in a county jail, and/or a maximum $1,000 fine.29 Violation of Penal Code 25400 becomes a felony ("straight" felony)30 , however, if:
you have a prior felony conviction or conviction for a California firearm offense,31 the firearm is stolen and you knew... or had reasonable cause to believe... that it was stolen,32 you are actively involved in a criminal street gang,33 you do not lawfully possess the firearm,34 you are prohibited from possessing a firearm under Penal Code 29800 PC, California's felon with a firearm law ,35 or you are prohibited from possessing a firearm under Penal Code 29900 PC for committing... or attempting to commit... a violent offense. Offenses deemed violent for purposes of this section include (but are not limited to):
Murder, Rape, Lewd acts on a child, Robbery, Kidnapping, and Carjacking.36 Felony carrying a concealed firearm is punishable by:
16 months, or two or three years in county jail, and a maximum $10,000 fine.37 Under two circumstances, violation of Penal Code 25400 PC is a wobbler:
you have a prior misdemeanor conviction for a crime against a person or property, or involving narcotics or dangerous drugs,38 OR
both of the following:
the firearm is loaded (or the ammunition is readily accessible), AND you are not the registered owner of the gun.39 Prosecutors can choose to charge a wobbler (sic) offense as either a misdemeanor or a felony.
If your wobbler violation for carrying a concealed firearm is charged as a misdemeanor you face:
up to one (1) year in a county jail, and/or a maximum $1,000 fine.40 If the wobbler is charged as a felony, you face:
16 months, or two (2) or three (3) years in county jail, and/or a maximum $10,000 fine.41 In addition, if you have previously been convicted of a felony or a California firearm offense, a violation of Penal Code 25400 carries a minimum three (3) month county jail sentence.42
And you will serve between three (3) and six (6) months in a county jail if you have a prior conviction for:
Penal Code 245(a)(1) PC, "assault with a deadly weapon", Penal Code 246 PC, "shooting at an inhabited dwelling house or car" , or Penal Code 417 PC, California's "brandishing a weapon" law .43 If you are convicted under Penal Code 25400 PC, you may also lose your weapon.44
2.3. California Penal Code 25850 PC -- "carrying a loaded firearm in public"
prohibits just that...carrying a loaded firearm in public.45 This law also makes it a crime to carry a loaded firearm in a car (other than in the trunk or a locked container).
A firearm is considered loaded when there is an unexpended cartridge or shell attached in any manner to the firearm. This includes... but is not limited to... in the firing chamber or a magazine or clip attached to the firearm.46
And while it may seem illogical or unjust, prosecutors can charge you with this offense even when the gun is inoperable.47
Note additionally that California has no general "open-carry" law."Open carry" refers to the practice of openly carrying weapons (as opposed to carrying concealedweapons).48
As of January 1, 2012, it is illegal to openly carry a gun in California ... whether loaded or unloaded... unless you have a concealed firearms permit.49
But Penal Code 25850 does require that you knew you were carrying a loaded firearm.50 If you didn't know you had a loaded gun on your person or in your car, you are not guilty of this offense.
Punishment for carrying a loaded firearm in violation of Penal Code 25850 is the same as for carrying aconcealed firearm under Penal Code 25400.
And if your gun is both loaded and concealed... you can be prosecuted under both statutes. That is, unless you hold a valid firearm carry permit, which excuses both crimes.
2.4. Possession of guns in specific places
2.4.1 Penal Code 626.9 PC -- possession of a firearm on school grounds
Possession of a firearm on or near school grounds is punishable under Penal Code 626.9, California's Gun-Free School Zone Act .51
Under Penal Code 626.9, it is a crime to:
possess a firearm in or on the grounds of... or within 1,000 feet from the grounds of... a public or private school providing instruction in kindergarten or grades 1 to 12;52 discharge... or attempt to discharge... a firearm in a school zone, with reckless disregard for the safety of another;53 bring or possesses a loaded firearm upon the grounds of... or student or teacher housing for... a public or private university.54 Violation of Penal Code 626.9 is punishable by as much as seven (7) years in county jail.55
2.4.2 Government buildings - Penal Code 171c PC
Under Penal Code 171c, it is a wobbler offense to bring a loaded firearm into any of the following:
the State Capitol, any legislative office, any hearing room in which any committee of the Senate or Assembly is conducting a hearing, the Legislative Office Building at 1020 N Street in the City of Sacramento, or upon the grounds of the California State Capitol. Possession of a loaded firearm in a government building in violation of Penal Code 171(c) is punishable:
as a misdemeanor, by up to one year in county jail, and/or or up to a $1,000 fine, or as a felony, by 16 months, or two or three years in county jail. Penal Code 171c also makes it a misdemeanor to bring or possess any of the following in a government building:
unloaded firearms, generally prohibited weapons, stun guns, BB guns or pellet guns, and spot marker or paint guns
Possession of any of the foregoing in a government building is punishable by up to a year in county jail or a $1,000 fine. Or it may be punished by both jail AND a fine if the area is posted with a statement providing reasonable notice that prosecution may result from possession of such items.
END OF POST, ARTICLE CONTINUES
The article goes on to describe other offenses including "
carrying guns in the governor's mansion" and other such nonsense, but does not include the definition of "WOBBLER" - a word only government lawyers could dream up. Important note also, it is illegal to possess: firearms, ammunition, BB guns, a toy gun , past the "sterile" area of an airport (usually defined with signs as "sensitive area" say after passengers go through TSA area.
http://www.shouselaw.com/firearm-offenses.html#1.1
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