California Assault Weapons Ban

Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.

The gun laws of California are some of the most restrictive in the United States. A 5-year Firearm Safety Certificate, obtained by paying a $25 fee, submission of applicant data to the state, and passing a written test proctored by a DOJ Certified Instructor, is required for the sale, delivery, loan, or transfer of any firearm. Handguns sold by dealers must be "California legal" by being listed on the state's Roster of Handguns Certified for Sale. This roster, which requires handgun manufacturers to pay a fee and submit specific models for safety testing, has become progressively more stringent over time and is currently the subject of a federal civil rights lawsuit on the basis that it is a de facto ban on new handgun models. Private sales of firearms must be done through a licensed dealer. All firearm sales are recorded by the state, and have a ten-day waiting period. Unlike most other states, California has no provision in its state constitution that explicitly guarantees an individual right to keep and bear arms. The California Supreme Court has maintained that most of California's restrictive gun laws are constitutional, based on the fact that the state's constitution does not explicitly guarantee private citizens the right to purchase, possess, or carry firearms. However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.

California Penal Code §25850 defines what constitutes a loaded weapon.

Semi-automatic firearms that the state has classified as assault weapons; .50 BMG caliber rifles; and high-capacity magazines (magazines that can hold more than ten rounds of ammunition) may not be sold in California. Possession of automatic firearms, and of short-barreled shotguns and rifles, is prohibited without a Dangerous Weapons Permit, that is received from the California Department of Justice pending a good reason for their possession such as: manufacture, repair, collecting in limited cases (pre-1990), movie prop guns or dealing to police/military.

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