Virginia Senator to Bring Back Expanded Background Check Bill

“It’s coming back,” said Virginia Senator Joe Manchin Tuesday about his bipartisan bill to expand background checks on gun sales, a bill which failed to pass on its first run through the Senate last month. [more]

HOUSTON - Members of the National Rifle Association were assured that they would never have to surrender their firearms. Along with this statement they were told that the fight against government gun control is far [more]

Senate Rejects Expanded Gun Background Checks

WASHINGTON - Senate Republicans backed by a small band of rural-state Democrats scuttled the most far-reaching gun control legislation in two decades Wednesday, rejecting tighter background checks for buyers and a ban on assault weapons [more]

Day of Reckoning for Expanded Background Checks

D-Day: Today, consideration of the Manchin-Toomey background check proposal and a myriad other gun amendments, including a ban on assault weapons and high-capacity clips, will be the main event on Capitol Hill. The outcome of [more]

Deal Reached on Gun Background Check Bill

WASHINGTON - Sen. Joe Manchin, D-W.Va., and Sen. Pat Toomey, R-Pa. announced that they have reached a compromise bill on Wednesday that expands background checks on gun purchases, and possibly paving the way for votes [more]

Both Gun Control Parties Make Public Appeal

WASHINGTON — Two of the loudest voices in the gun debate say it’s up to voters now to make their position known to Congress. New York Mayor Michael Bloomberg and National Rifle Associate Executive Vice President [more]

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California Background Check and Gun Laws

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	§12070, §12071, §12082	All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency.
Firearm registration?	No	Yes	None	All handgun sales are recorded by the state. Longarm serial numbers are not recorded, only the sale. There is no requirement to register firearms with law enforcement. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
"Assault weapon" law?	Yes	Yes	§12280 , §12285	Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. They must be registered with the California Department of Justice prior to the servicemember's arrival in California.
Owner license required?	No	No	None
Carry permits issued?	N/A	Yes	§12050	May issue, depending on jurisdiction. Out-of-state permits not valid in California.
State Preemption of local restrictions?	Yes	Yes	§53701 GC	Most but not all local restrictions preempted.
NFA weapons restricted?	Yes	Yes	§12220, §12020	Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns."
Peaceable Journey laws?	No	No	None

California is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief. California does not recognize concealed carry permits issued by other states.

Open carry of loaded firearms in public is generally prohibited except in unincorporated areas where the county has not made open carry illegal or where the discharge of firearms is not prohibited. Carrying of an unloaded, unconcealed firearm in plain sight is not prohibited except in areas otherwise prohibiting the carry of firearms under state or federal law, such as school zones, post offices, government buildings, state and national parks, "sterile" areas controlled by security screenings, etc.

The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer sends the application to the California Department of Justice (DOJ), which performs a background check on the buyer.

The approved application is valid for 30 days. There is a 10 day waiting period for the delivery of any firearm.

Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method.

The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns. Federally defined curio or relic long guns over 50 years old may be sold without going through a licensed dealer.

Handgun purchases, except for private party transfers, are limited to one per 30 day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate. This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun.

Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.

Dealers may not sell any handgun unless it is listed in the Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

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