Verified Firearm Specifications

CA1100 — sales from dealer

Citation: West's Ann.Cal.Penal Code § 26840

A dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate, or, in the case of a handgun, an unexpired handgun safety certificate. The firearms dealer shall retain a photocopy of the firearm safety certificate as proof of compliance with this requirement.

CA1034 — extra time

Citation: Cal. Pen. Code § 28220(f)(3)-(4)

(3) If the department ascertains the final disposition of the arrest or criminal charge, or the outcome of the mental health treatment or evaluation, or the purchaser's eligibility to purchase a firearm, as described in paragraph (1), after the waiting period described in Sections 26815 and 27540, but within 30 days of the dealer's original submission of the purchaser information to the department pursuant to this...

CA1077 — extra time

Citation: Cal. Pen. Code § 28220(f)(3)-(4)

(3) If the department ascertains the final disposition of the arrest or criminal charge, or the outcome of the mental health treatment or evaluation, or the purchaser's eligibility to purchase a firearm, as described in paragraph (1), after the waiting period described in Sections 26815 and 27540, but within 30 days of the dealer's original submission of the purchaser information to the department pursuant to this...

CA1004 — sales from dealer

Citation: Cal Penal Code § 28220

(a) Upon submission of firearm purchaser information, the Department of Justice shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law from...

CA1073 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

CA1072 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

CA1099 — sales from dealer

Citation: West's Ann.Cal.Penal Code § 26840

A dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate, or, in the case of a handgun, an unexpired handgun safety certificate. The firearms dealer shall retain a photocopy of the firearm safety certificate as proof of compliance with this requirement.

CA1001 — private sales : point of sale

Citation: Cal. Penal Code § 12072(d) (pre-2012); Cal. Penal Code §§ 27545, 28050 et seq. (post 2012)

§ 27545. Transaction where neither party holds a dealer's license. Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

CA1005 — sales from dealer

Citation: Cal Penal Code § 12076

(c) The department shall examine its records, as well as those records that it is authorized to request from the State Department of Mental Health pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser or transferee is a person described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

CA1040 — private sales : point of sale

Citation: Cal. Penal Code § 12072(d) (pre-2012); Cal. Penal Code §§ 27545, 28050 et seq. (post 2012)

§ 27545. Transaction where neither party holds a dealer's license. Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

CA1003 — sales from dealer

Citation: Cal Penal Code § 28220

From notes section of Lexis: 1990 Amendment (ch 177): (1) Amended subd (a) by (a) deleting "capable of being concealed upon the person" after "of any firearm" near the beginning; (b) adding "and age" after "or her identity" in the first sentence; and (c) adding "or other information required to be provided for the register" after "incorrect birth date" in the last sentence; (2) added the second paragraph of subd...

CA1118 — shall issue

Citation: Cal Penal Code § 26150

(a) When a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county shall issue or renew a license to that person upon proof of all of the following: (1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202.

CA1107 — shall issue

Citation: NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN

On June 23, 2022, the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ____ (2022) determined that “may issue” concealed carry laws were unconstitutional, though they explicitly stated that Delaware, Connecticut and Rhode Island’s versions of “may issue” laws were not unconstitutional.

CA1007 — may issue

Citation: Before 2012: Cal. Penal Code § 12050; after 2012: Cal Penal Code § 25400 (crime of carrying concealed weapon); licensing covered by Cal Penal Code § 26150 et seq.

§ 26150. License to carry concealed weapon; Issuance by sheriff. (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following: (1) The applicant is of good moral character. (2) Good cause exists for issuance of the license.

CA1008 — traditional

Citation: Cal. Penal Code § 198.5

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...

CA1009 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

CA1011 — negligent storage

Citation: Cal Pen Code § 25100

(1) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm within any premise which is under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access...

CA1013 — state license requirement

Citation: Cal. Penal Code §§ 12070, 12071

12070. Any person who, without being licensed as provided in this article, engages in the business of selling or otherwise transferring, or who advertises for sale, or offers or exposes for sale or transfer, any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a misdemeanor. 12071.

CA1043 — state license requirement

Citation: Cal. Penal Code §§ 12070, 12071

12070. Any person who, without being licensed as provided in this article, engages in the business of selling or otherwise transferring, or who advertises for sale, or offers or exposes for sale or transfer, any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a misdemeanor. 12071.

CA1080 — required

Citation: West's Ann.Cal.Penal Code § 18250(a)

(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain...

CA1015 — saturday night special ban

Citation: Cal. Penal Code § 12126 et seq. (pre 2012); Cal. Penal Code § 31900 et seq. (post 2012)

§ 31910. "Unsafe handgun" As used in this part, "unsafe handgun" means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true: (a) For a revolver: (1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to...

CA1023 — one gun per month

Citation: Cal. Penal Code § 27535

§ 27535. Application to purchase handgun; Limitations; Exceptions (a) No person shall make an application to purchase more than one handgun within any 30-day period. (b) Subdivision (a) shall not apply to any of the following: (1) Any law enforcement agency. (2) Any agency duly authorized to perform law enforcement duties. (3) Any state or local correctional facility.

CA1108 — ban on high capacity magazines

Citation: Cal. Penal Code § 16350, 16740, 32310

§ 16350 As used in Section 30515, “capacity to accept more than 10 rounds” means capable of accommodating more than 10 rounds. The term does not apply to a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

CA1109 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

CA1111 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

CA1014 — assault weapons ban

Citation: Cal. Penal Code § 30505

The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.

CA1044 — assault weapons ban

Citation: Cal. Penal Code § 30505

The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.

CA1087 — public and private : CCW not allowed

Citation: West's Ann.Cal.Penal Code § 626.9(l)

This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting...

CA1082 — private : possession prohibited

Citation: West's Ann.Cal.Penal Code § 626.9(h)

Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee,...

CA1083 — private : possession prohibited

Citation: West's Ann.Cal.Penal Code § 626.9(h)

Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee,...

CA1084 — public : CCW allowed

Citation: West's Ann.Cal.Penal Code § 626.9

Any person, except…a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4 who brings or possesses a firearm upon the grounds of any public school, including the University of California and the states colleges, unless it is with the permission of the school authorities…shall be punished by imprisonment….

CA1085 — public : possession prohibited

Citation: West's Ann.Cal.Penal Code § 626.9

Any person…who brings or possesses a firearm upon the grounds of any public school, including the University of California and the states colleges, unless it is with the permission of the school authorities

CA1086 — public : possession prohibited

Citation: West's Ann.Cal.Penal Code § 626.9

Any person…who brings or possesses a firearm upon the grounds of any public school, including the University of California and the states colleges, unless it is with the permission of the school authorities…shall be punished by imprisonment….

CA1102 — straw purchase - buyer and seller liability

Citation: Cal. Penal Code § 27515

§ 27515. Sale, loan, or transfer of firearm to someone other than actual purchaser or transferee prohibited No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or...

CA1088 — limited

Citation: West's Ann.Cal.Gov.Code § 53071.5

By the enactment of this section, the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined in subdivision (a) of Section 16700 of the Penal Code, and that subdivision shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or...

CA1090 — limited

Citation: West's Ann.Cal.Gov.Code § 53071

It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code.