The Unsorted BBS Collection/thegreatunsorted.tar/thegreatunsorted/texts/txtfiles_misc/ca.law

Text File | 1993-01-03 | 13KB | 372 lines

                       CALIFORNIA FIREARMS LAWS

                          (As of June 1992)



PLEASE NOTE:  In addition to state laws, the purchase, sale and (in
certain circumstances) the possession and interstate transportation of
firearms is regulated by the Gun Control Act of 1968, as amended by
the Firearms Owners' Protection Act.  Also, cities and localities may
have their own firearms ordinances in addition to federal and state
laws.  Details may be obtained by contacting local law enforcement
authorities and by consulting the State Laws and Published
Ordinances─Firearms, available from the U.S.  Government Printing
Office, Washington, D.C.  20402.



                        QUICK REFERENCE CHART

                                      Rifles and Shotguns    Handguns

Permit to Purchase                            NO                NO*

Registration of Firearms                      NO                NO*

Registration of "Assault Weapons"             YES               YES

Licensing of Owner                            NO                NO

Permit to Carry                               NO                YES

*Police recordation is made of purchases from dealers.



                    STATE CONSTITUTIONAL PROVISION

None.



                              POSSESSION

It is unlawful for anyone convicted of a felony, or who is a drug
addict, present or former mental patient, ever committed for mental
observation, or acquitted by reason of insanity to own or possess any
firearm.  People with certain misdemeanor convictions involving force
or violence may not possess or own any firearm within 10 years of the
conviction.

Persons who have been adjudicated as a juvenile offender or delinquent
for any offense which would be classified as a felony or misdemeanor
involving force or violence if committed by an adult may not own or
possess any firearm until age 30.  A minor may not possess a handgun
except with written permission or under the supervision of a parent or
guardian.



                   POSSESSION OF "ASSAULT WEAPONS"

"Assault weapons" are listed in Section 12276 and include certain
rifles, pistols and shotguns.  (SEE LIST HEREIN).  The Attorney
General also has the authority to petition a court for additional
firearms to be added to the list of "assault weapons." After limited
notice and a hearing, such other firearms may be added to the list by
the court.

Any person lawfully possessing an "assault weapon" before June 1, 1989
must register the firearm with the Department of Justice by March 31,
1992, although it is reported that registration applications are being
accepted after that date.  Registration includes identification of the
firearm and the name, address, date of birth, thumprint and other
information on the owner.  A fee of up to $20.00 may be charged for
the registration.  Any firearm subsequently added to the list of
"assault weapons" must be registered within 90 days.

Unless otherwise specified, registered "assault weapons" may only be
possessed:

1.  At registrant's residence, place of business, or other property
owned by such registrant, or on property owned by another with
permission.

2.  At recognized target ranges or shooting clubs.

3.  At recognized exhibitions.

4.  Traveling to or from the foregoing.

No lawfully possessed "assault weapon" may be sold or transferred on
or after January 1, 1990, in California to anyone other than a licensed
gun dealer.*

*Exception is made for previously registered firearms that are
inherited, or firearms brought into the state by people moving in but
in either case the firearms must be registered within 90 days under
the machine gun requirements of California law.

Failure to register an "assault weapon" possessed before June 1,1989,
may, for a first time infraction, result in a fine between $350.00 and
$500.00.  Unlawful manufacture, distribution, transportation,
importation, sale, or otherwise giving or lending an "assault weapon"
is a felony punishable by up to eight years in jail.



                               PURCHASE

Transfer or sale of all firearms must be processed with a California
gun dealer's license.  An application for transfer must be made with
the gun dealer before any firearm may be sold or transferred.  This
application contains a description of the buyer or transferee and of
the firearm.  A copy is sent by the dealer to the California
Department of Justice and the local police chief or sheriff.  If the
Department of Justice determines that the buyer or transferee is not
eligible to possess a firearm they shall notify the dealer
immediately.

There is a 15-day waiting period before delivery of any firearm.
Dealers must keep a register of all firearm transfers.  A person under
restraining order may not acquire any firearm.

The waiting period and dealer application do not apply to transfers to
police officers, other gun dealers, manufacturers, or importers,
antique firearms, and rifles and shotguns which are classified as
curios or relics by the federal government, infrequent gifts or
transfers to one's "immediate family," an infrequent temporary loan
not to exceed 30 days to a person who is not prohibited from
possessing a firearm, and a transfer of a rifle or shotgun at auctions
by nonprofit or public benefit corporations.

It is unlawful for any person to transfer any firearm to a person who
is forbidden to possess or own a firearm.  A dealer may not transfer a
pistol to a person under 21 or other firearm to a person under 18.



                               CARRYING

It is unlawful to carry a loaded rifle, shotgun, or handgun in any
public place or on any public street in an incorporated area or an
area where firing a firearm is prohibited.  In California, a firearm
is considered loaded if unexpended ammunition capable of being used in
the firearm is attached in any manner to the firearm.  The following
persons and situations are exceptions:

1.  Persons shooting on target ranges, or while hunting on the
premises of a shooting club.

2.  A person who reasonably believes that he or his property is in
immediate danger and the weapon must be carried for "preservation."**

**Claiming this exception is difficult, since a person accused of a
violation must prove in court the "reasonableness" of his belief .

3.  A person "engaged in the act of making or attempting lawful
arrest."

4.  A person carrying a firearm while at home or at his place of
business, including temporary residences and campsites.


Carrying a handgun concealed is prohibited without a license.  The law
states that "Firearms carried openly in belt holsters are not
concealed within the meaning of this section."

Application for a license to carry a concealed firearm is made to the
county sheriff or the city chief of police.

The officer may issue a license if the applicant establishes that he
or she is of "good moral character," a resident of the county and that
"good cause exists'' for the issuance of the license.

The issuing officer has the power to include, in his discretion, any
"reasonable" restrictions on the license to carry (such as time,
place, etc.).

The application must contain a description of the licensee and the gun
or guns to be carried.  The applicant must be fingerprinted and a copy
of the prints sent to the Department of Justice.

NOTE:  Despite the existence of this licensing procedure, it is
reported that in many California counties, the license is extremely
difficult, if not impossible, to obtain.



               CARRYING AND TRANSPORTATION IN VEHICLES

Carrying a handgun concealed within a vehicle is prohibited without a
license.  A handgun carried in a glove compartment or under the seat
of a vehicle is considered to be concealed.  A handgun placed in the
trunk of an automobile, or locked in a container in the vehicle other
than the utility or glove compartment or while in a locked container
carried directly to or from a vehicle is deemed not to be "concealed."
A locked container means a fully enclosed secure container locked by a
key lock or similar locking device.

Exceptions to this prohibition are:

1.  Members of clubs organized for practice shooting while on any
established target range or going to and from such range.

2.  Licensed hunters and fishermen while engaged in hunting or fishing
and while going to or from such hunting or fishing expeditions.

3.  Members of an antique or historical collector's club while at a
show, or while going to and from a display as long as the weapons are
locked in a trunk or are in a locked container.



                        ANTIQUES AND REPLICAS

Antique firearm means any firearm not designed or redesigned for using
rimfire or centerfire ammunition and manufactured in or before 1898
(including any matchlock, flintlock, percussion cap or similar type of
ignition system or replica thereof, whether actually manufactured
before 1898) using fixed ammunition which is no longer manufactured in
the U.S.  and is not readily available in the ordinary channels of
commercial trade.



                             MACHINE GUNS

A machine gun is defined as any firearm which shoots or is designed to
shoot, automatically, more than one shot, without manual reloading, by
single function of the trigger.  The term also includes any conversion
part, frame or receiver of a machine gun, or any firearm deemed as
such by the federal government.  Upon a showing of good cause, a
permit for possession and/or transportation may be issued by the
Department of Justice.

NOTE:  It has been reported that the Department of Justice refuses to
grant such permits.

It is unlawful to possess a destructive device, including tracer or
incendiary ammunition or any firearm larger than .60 caliber which
fires fixed ammunition, or any fixed ammunition for such firearm.
Excluded are shotguns and shotgun ammunition.



                       MISCELLANEOUS PROVISIONS

No license or permit shall be required to possess, keep, or carry a
handgun openly or concealed in one's home or place of business.

The state legislature also has expressed its intention to occupy the
whole field of the regulation and licensing of firearms, thus
precluding cities and other localities from enacting firearms laws.

It is unlawful to set any spring or "trap" gun.

It is unlawful to change, alter or remove the serial number, maker's
name or other identifying mark from any firearm, unless one has
secured the written permission of the Department of Justice.
Possession of a firearm with altered identifying marks creates a legal
presumption that the possessor committed the offense.

It is unlawful to possess a loaded firearm on the grounds or in the
buildings of any public school, including the State University,
without permission of the school authorities, or courthouse, State
Capitol building or grounds, any legislative office or the office or
residence of the Governor, constitutional officer or member of the
Legislature.

A minor may not possess live ammunition except with the written
permission or under the supervision of a parent or guardian, or while
going to or from an organized lawful recreational or competitive
shooting activity or lawful hunting activity.

It is unlawful to possess, transport, or sell ammunition principally
for use in a handgun which is "designed primarily to penetrate metal
or armor." It is unlawful to possess a multi-burst trigger activator
or a zipgun.



The following lists those "assault weapons" affected by the June 1,
1989 law and its 1991 amendments:

              (A) ALL OF THE FOLLOWING SPECIFIED RIFLES:


(1) All AK series

(2) UZI and Galil

(3) Baretta AR-70

(4) CETME Sporter

(S) Colt AR-15 series

(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 11 OC

(7) Fabrique Nationale FAL, LAR, FNC, .308 Match and Sporter

(8) MAS223

(9) HK-91, H-93, HK-94, and HK-PSG-1

(10) MAC 10 and MAC 11 types

(11) SKS with detachable magazine

(12) SIG AMT, PE-57, SIG 550 & 551

(13) Springfield Armory BM59 and SAR-48

(14) Sterling MK-6

(15) Steyer AUG

(16) Valmet M62S, M71S, and M78S

(17) Armalite AR180

(18) Bushmaster Assault Rifle

(19) Calico M-900

(20) J&R ENG M-68

(21) Weaver Arms Nighthawk


             (B) ALL OF THE FOLLOWING SPECIFIED PISTOLS:


(1) UZI

(2) Encom MP-9 and MP-45

(3) MAC 10 and MAC 11 types

(4) INTRATEC TEC-9

(5) Sites Spectre Auto

(6) Sterling MK-7

(7) Calico M-950

(8) Bushmaster Pistol


             (C) ALL OF THE FOLLOWING SPECIFIED SHOTGUNS:


(1) Franchi SPAS 12 and LAW 12

(2) Striker 12

(3) Street Sweeper


SOURCE:  Cal. Penal Code *12020 et. seq.



CAUTION:  State firearm laws are subject to frequent change.  The
above summary is not to be considered as legal advice or a restatement
of law.  To determine the applicability of these laws to specific
situations which you may encounter, you are strongly urged to consult
a local attorney.