GUN LAWS

Here’s how California and the federal government differ

By Bob Egelko

The San Francisco Chronicle
February 28, 2018

The Florida school massacre has renewed calls for tightening federal gun laws to more closely resemble those in states like California, among the nation’s strictest. Here are the major differences between California and federal laws:

Background checks

California law requires background checks for all gun purchases, and requires sales at gun shows, and by other non-commercial vendors, to be referred to a licensed dealer, who can charge a processing fee. The buyer must present proof of identity and age, such as a driver’s license. As of July 2019, California will require background checks for purchases of ammunition. The state currently requires online purchasers of ammunition to receive the ammunition from a licensed dealer, who can charge a processing fee.

Federal law requires background checks only for gun purchases from licensed commercial dealers, and not for purchases at gun shows or other transactions between private parties in the same state. Federal law requires online purchasers of firearms to use licensed dealers and undergo background checks. No background checks are needed for ammunition.

Waiting period

California law requires a 10-day wait between an order and delivery.

Federal law has no waiting-period mandate.

Purchase limits

California allows a maximum of one handgun purchase every 30 days. There are no state limits on the purchase of rifles or shotguns.

Federal law has no restrictions on successive gun purchases.

Assault weapons

California law bans the sale of guns defined by state law as assault weapons. The law, first passed in 1989, bans the sale of dozens of specific semiautomatic and automatic models, and in an effort to stop gun makers from circumventing the law, legislators prohibited certain characteristics of weapons as well. Rifles with detachable magazines, which enable swift reloading, can’t have any of a number of features that give them added functions or make them easier to handle, such as forward grips, folding stocks or flash suppressors. Possession of assault weapons that were bought before the state ban is legal, as long as the gun is registered. The sale of high-capacity ammunition magazines that carry more than 10 rounds is also banned, but a 2016 law banning possession of those magazines has been blocked by a federal judge.

Federal law has no such bans.

Automatic weapons

California law prohibits machine guns and “bump stocks,” which can be used to give semiautomatic weapons the rapid-fire capacity of machine guns.

Federal law bans machine guns but not bump stocks.

Carrying concealed weapons in public

California requires a permit from a local law enforcement agency to carry a concealed handgun. Applicants must have completed a training course, be adults of “good moral character” and have “good cause” to carry a gun, such as a need for self-defense. These permits are generally denied in urban areas, except to law enforcement and security guards, but are allowed in other areas of the state.

Federal law has no restrictions.

Restraining orders

California law allows close relatives or police can ask a judge to confiscate firearms and ammunition from those who pose a danger to themselves or others, based on threats, mental instability, domestic violence, drug or alcohol abuse or other threatening conduct. A restraining order stays in effect until a court hearing, generally about 21 days, can be extended by a judge for a year and can be renewed if necessary.

Federal law has no such provision.