California Dangerous Weapons Law

All guns are dangerous weapons in California.

Like most states, California has enacted statutes limiting the use and possession of certain types of dangerous weapons. The California statute is known as the California Dangerous Weapons Control Law. It was originally adopted in 1923 and has grown over the decades as weapons technology and protective gear, such as body armor, have evolved. The statue covers guns, knives, licensing for owners and dealers, and the use of peripherals, such as scopes. According to the Brady Campaign to Prevent Gun Violence Scorecard, California's dangerous weapons law is among the most restrictive in the United States. The statutes can be found in Title 2 of the California Penal Code.

Types of Weapons Covered

The California Dangerous Weapons Control Law, consisting of several statutory sections, governs virtually every weapon, including all guns. Certain types of guns and blade weapons are absolutely forbidden. Though the method of obtaining a knife weapon is not as onerous as regulations for obtaining a fire arm, the concealed carry portions of the statute are quite limiting, with some exceptions for schools that teach martial arts.

Concealed Carry

California is considered a "may issue" state for purposes of a concealed weapons permit. An applicant should seek the permit by application to his local sheriff's office. The discretion to issue a concealed carry permit resides in the sheriff, and whether a permit will issue depends largely on the attitudes of the community where the permit is sought. Some counties are more restrictive than others. However, a concealed carry permit, once issued, is valid throughout the state, not just in the jurisdiction where it was issued. California does not recognize concealed carry permits issued outside of California.

Purchasing a Dangerous Weapon in California

The first step, if purchasing a handgun, is to pass a written safety exam and obtain a Handgun Safety Certificate. Next, the purchaser must fill out an application that is reviewed by the California Department of Justice. Once the background check is approved, the purchaser has 30 days to complete the transaction, and there is a mandatory 10 day waiting period before the gun can be received. Even private sales (those between individuals rather than from a dealer) must be documented. In those instances, a Private Party Transfer form must be completed through an authorized dealer, which requires a fee. The Dealer is required to submit a Dealer's Record of Sale to the state, and the purchaser must still wait 10 days before receiving the gun. The purchase of a handgun also requires a Safe Handling Demonstration by the purchaser, except for certain active and retired military or law enforcement.

Several types of handguns are absolutely forbidden or require special markings. For example, assault weapons may not be bought or sold in California, though an owner already registered with the weapon before 2005 may keep his assault weapon.

Violations

The California Dangerous Weapons Control Law is extensive and covers many specific instances. Violating a particular section carries punishments ranging from a misdemeanor, punishable by less than one year in jail, to a felony, punishable by more than a year in prison.

Handgun Safety Certification

The California Office of the Attorney General operates the Handgun Safety Certification program. The California Department of Justice approves safety instructors and maintains a list of those instructors, as well as necessary forms for obtaining training and purchasing a handgun

References

• California Attorney General: Dangerous Weapons Control Law
• California Knifemakers Association
• Southern California Blades
• Brady Campaign to Prevent Gun Violence
• Office of Attorney General: California Hand Gun Safety Certificate Program