Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said. The facts, however, do not support this hyperbole, and facts matter. Modifications like a shorter barrel or collapsible stock make them more concealable, state officials said, while things like a pistol grip or thumbhole grip make them more lethal by improving their accuracy as they are fired rapidly.
Unlike military weapons, the semi-automatic rifles fire one bullet each time the trigger is pulled, and the plaintiffs say they are legal in 41 states. That decision triggered a weeklong buying spree before the judge halted sales during the appeal. The Legislature has restricted the assault weapons specified in Section 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.
California law also provides that the possession of an assault weapon in violation of state laws is a public nuisance. As a result, the Attorney General, any district attorney, or any city attorney may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon that is a public nuisance. Effective July 1, , new regulations will be in effect that apply to all eligibility checks.
Code Reg. Effective July 1, , persons seeking to purchase or transfer ammunition will have to undergo an eligibility check, and be approved by the Department, prior to the sale or transfer, except as otherwise specified. Departmental approval shall occur electronically through a licensed ammunition vendor. For more information please visit the Ammunition Purchase Authorization Program webpage.
Staff also cannot provide legal advice or offer information relating to the various legal steps needed to restore firearms rights.
A DROS application can be delayed for many reasons. Most often it is because the background check found a record matching your personal descriptors such as your name, date of birth, etc. Please be patient and allow the Department enough time to gather additional information and resolve any issues. Many county courthouses are operating on shortened work weeks and with fewer staff, delaying the approval or denial of applications. If the record is an out-of-state or military record, you should anticipate a longer response time from our office to get the needed information.
You should review the record, identify any incomplete or missing court information, and then follow up with the court where your case was held and request the court submit corrected information to the DOJ's Bureau of Criminal Information and Analysis BCIA.
The request must be signed, notarized, and include a photocopy of your photo ID card i. The waiting period for the purchase or transfer of a firearm is ten 10 hour periods from the date and time the DROS information is submitted to the DOJ. Licensed firearms dealers shall require their employees who handle, deliver, or sell firearms to obtain a Certificate of Eligibility from the DOJ.
Upon application, a firearms eligibility check will be conducted to determine whether the applicant is eligible to lawfully possess firearms. If so, the applicant is issued a COE. Questions regarding sales tax should be directed to the California Department of Tax and Fee Administration. Their website address is www. Once the court or law enforcement agency in possession of your firearm notifies you the firearm is available for return, you must submit a completed Law Enforcement Gun Release LEGR application, pdf with the appropriate processing fee to the California Department of Justice the Department.
If the court or agency in possession of your firearm determines that the firearm was reported stolen, the fee for the stolen firearm will be waived. You must send documentation from the court or agency confirming the firearm was reported stolen along with the LEGR application to qualify for the fee waiver.
Once the Department receives your LEGR application, a firearms eligibility check will be conducted to determine if you are lawfully eligible to possess firearms. You will receive a notice of the results. If this notice states that you are eligible to possess firearms and the firearm is recorded to in your name, you should then take the notice to the court or law enforcement agency in possession of your firearm to claim it.
The notice must be presented to the court or law enforcement agency within thirty 30 days of the date listed on the notice. Failure to do so will result in the need to submit a new application and fees and undergo another firearms eligibility background check.
Skip to main content. Search Search. Home About. Programs See All Programs. Where do I find laws regarding the possession of firearms? Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? Can I give a firearm to my adult child? Can I give a firearm to my spouse or registered domestic partner?
Is there a limit on the number of handguns that I can own or purchase? Does California have a law regarding the storage of firearms? Are large-capacity magazines legal? May I carry a concealed firearm in California?
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