Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: New Anti-Gun Laws Take Effect Today, January 1

Wednesday, January 1, 2014

Signed into law in 2011, but taking effect today are a number of laws surrounding long gun registration.

 

  • A person living in California will not need to register their currently owned firearms. However, starting today, whenever a long gun is transferred through a dealer it will automatically be registered to the receiving individual (PC 11106 and 28160).

 

  • For transactions that do not require a dealer, as of today, the recipient of the long gun will need to register the long gun with the California Department of Justice (see generally PC 27860-28000).

 

  • Individuals moving into California as of today will need to register their long guns (in addition to handguns) soon after moving into the state (PC 27560).

 

  • The exception for the dealer requirement for transfers of curio or relic long guns older than fifty years will end today unless the recipient has a California Certificate of Eligibility and a Federal Curio or Relics license; the recipient will still need to register the long gun with the California Department of Justice. (PC 27965 and 27966).

 

Signed into law in 2012 and taking effect today, one fee will be charged for any number of firearms in a single transaction (PC 28240).

As for laws taking effect today for bills that were signed into law this year:

 

  • Penal Code section 32310 and 32311:  In addition to the current restrictions on manufacturing, importing, selling, giving and lending large capacity magazines,  the law now prohibits buying and receiving to the list of prohibited activities.  Additionally, the law now prohibits a person from manufacturing, importing, selling, giving, lending, buying or receiving “large capacity magazine conversion kits.”  A “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.  Possession of large capacity magazines and large capacity magazine conversion kits are still not illegal.

 

  • Penal Code section 25100: With certain exceptions, if you keep a loaded firearm in your residence, and a person prohibited from possessing firearms gains access to the firearm and that person hurts him or herself, someone else or carries the firearm into a public place, you can be prosecuted.  In addition, you can commit “criminal storage in the third degree” if you keep a loaded firearm within any premises where you know or should know a child is likely to gain access to the firearm.

 

  • Penal Code section 25135: If you live with someone and you know or have reason to know the other person is prohibited from possessing, receiving, owning or purchasing a firearm, you must keep the firearm locked up (with a gun safety device or in a locked container) or keep it on your person or in close proximity.

 

  • Penal Code section 28220: If the California Department of Justice cannot determine whether a person is prohibited from owning or possessing firearms as a result of a criminal case, mental health commitment, or has attempted to purchase a handgun within the last thirty days, the DOJ can only delay the transaction for up to thirty days while it tries to figure out whether the person is prohibited from possessing or receiving firearms.  After thirty days the licensed dealer may release the firearm but is not required to do so.

 

  • Penal Code sections 28210 and 28215: A dealer is required to provide a copy of the Dealer’s Record of Sale (DROS) to the firearm purchaser.

 

  • Penal Code sections 29810, 29825, 29830, 33870: When a person is prohibited from owning and possessing firearms by a court order with a specified date of termination, that person has the option to store their firearms with a licensed firearm dealer.

 

  • Health and Safety Code sections 8100 and 8105: Those who communicate serious threats of physical violence against an identifiable victim to a psychotherapist are prohibited from owning and possessing firearms for five years.  The psychotherapist is required to report the threat to law enforcement within 24 hours.  A person prohibited this way may petition for the restoration of their firearm rights.

 

  • Welfare and Institutions Code section 8102: When firearms are seized at the scene of a mental health disturbance, a prohibited person can elect to have their firearms transferred or sold to a licensed firearm dealer.

 

  • Fish and Game Code section 4155:  It is unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in the area surrounding Joshua Tree National Park.

 

The NRA has numerous legal challenges currently pending, and more are planned, including potential challenges to some of these new laws.  If you would like to assist in our fight against this attack on gun owners’ rights in California, please donate to the NRA Legal Action Project here.  Rest assured that your donation will be used for the benefit of Californians.  For a summary of the many actions the NRA legal team has taken or is currently taking on behalf of California gun owners, click here.

 

If you need help deciphering California’s gun laws, you might find the

 “California Gun Laws: A guide to state and federal firearm regulations” by C.D. Michel helpful.  While the vast majority of information in this book is timely and is currently applicable, and although the majority of California’s firearms laws do not change year to year, we are aware that to some degree California firearms law changes annually, and that federal firearms law changes occasionally.   To address these changes, and to cover other more specialized firearms law topics that are not covered in this book due to narrow public interest and space limitations, the author makes legal updates and supplemental legal memoranda available to address forthcoming or applicable changes in the law on the website that supplements this book: www.CalGunLaws.com.

TRENDING NOW
Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

News  

Friday, May 26, 2017

Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

On Wednesday, May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the "Lawful Purpose and Self Defense Act." This bill would remove ATF's authority to use the ...

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Concealed Carrying Hits New High, Underscores Need for National Law

News  

Friday, May 26, 2017

Concealed Carrying Hits New High, Underscores Need for National Law

Information collected by the Crime Prevention Research Center (CPRC) indicates an unprecedented surge in the number of concealed carry permits, with the largest one-year increase on record occurring between May 2016 and May 2017.

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

News  

Second Amendment  

Friday, May 26, 2017

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

This week, Rep. Blaine Luetkemeyer (R-MO) reintroduced the Financial Institution Customer Protection Act, a bill aimed at permanently dismantling Operation Choke Point (OCP).  

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

News  

Thursday, May 25, 2017

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Texas Gov. Greg Abbott for signing into law NRA-backed legislation that will make license to carry fees in Texas among the lowest in the ...

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

New Zealand Police Mislead Current and Prospective Gun Owners

News  

Thursday, May 25, 2017

New Zealand Police Mislead Current and Prospective Gun Owners

Back in April, NRA-ILA alerted readers to the results of the New Zealand Parliament Law and Order Committee’s “Inquiry into issues relating to the illegal possession of firearms in New Zealand,” which proposed that a ...

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

News  

Friday, May 26, 2017

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

It is one of the most well-worn tactics of those who advocate for gun control. Step one, acquire statistics on firearms injuries among children ages 0-14. Step two, combine these relatively low numbers with the ...

Illinois: Anti-Gun Legislators Attempting to Get “Assault Weapon” Language into law

Wednesday, May 24, 2017

Illinois: Anti-Gun Legislators Attempting to Get “Assault Weapon” Language into law

This week, Senator Antonio Munoz filed Senate Amendment 2 to Senate Bill 556.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.