California Gun Sales & Preemption

California Gun Sales & Preemption

California is the model for new gun laws backed by Bloomberg’s money.

by Greg Brown - March 14, 2019

Private Gun Sales

All private gun sales in California must be processed through a licensed dealer. All sales of firearms whether private or from a shop are recorded by the state and the purchaser must wait 10 days before obtaining the firearm.

Preemption

Local government authorities are prohibited under California law from enacting regulations to control firearms. As they cannot directly regulate firearms a number of local authorities have regulated ammunition, such as Los Angeles who regulate that a magazine for rifles or handguns not hold more than 10 rounds. Other local authorities have banned the discharge of firearms and setup zoning restrictions on gun shops and firing ranges.

The Next Step for Nevada to follow the CA Blue Print

CA Firearms Registration

The California Department of Justice ("D.O.J.") retains information about the purchaser and seller of all in-state firearm sales and transfers, and requires that any firearms imported into the state be reported to the D.O.J..  Furthermore, the Attorney General is required by law to maintain a registry containing the fingerprints and identifying information of the transferee, and the unique identifying information of every firearm transferred in the state, pursuant to §11106.

All handgun serial numbers and sales are recorded by the state in the Department of Justice's Automated Firearms System, along with those of many long guns. While there is no requirement for California residents to register handguns owned prior to 1991 with law enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice's Automated Firearms System.

New residents must register handguns (purchased outside of California) with D.O.J., within 60 days. As of January 1, 2014, long gun serial numbers are also recorded, whereas previously only the sale was recorded. However, it is not required that owners of long guns purchased prior to 2014 register their firearms and it is not a crime to be in possession of an unregistered firearm.