California Gun Laws

In California many people can legally own or possess guns.  But even those who lawfully own guns are subject to numerous restrictions.

California's gun laws are loaded with nuances and exceptions.

Our California criminal defense lawyers include former cops and former district attorneys.1

We know when... and where... it is legal to own and carry a gun.  And if you or someone you know is charged with a gun-related crime in California, we can help.

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In this article, our California criminal defense attorneys discuss the following:

1. Who may possess a gun in California?

1.1 People prohibited from possessing a gun in California

1.2 Penal Code 26150 and 26155 PC, California concealed firearm permits

1.3 Licensed sellers of firearms and weapons

2. California laws against possessing or carrying
a firearm

2.1. Penal Code 29800 PC -- California's "felon with a firearm" law

2.2. Penal Code 25400 PC -- California's "carrying a concealed firearm" law

2.3. Penal Code 25850 PC -- California's "carrying a loaded firearm in public" law

2.4. Use of guns in specific places

2.4.1. School grounds -- Penal Code 626.9 PC

2.4.2. Government buildings – Penal Code 171c PC

2.4.3. The Governor's Mansion – Penal Code 171d PC

2.4.4. Airports and passenger vessel terminals – Penal Code 171.5 PC

2.4.5. Public transit facilities – Penal Code 171.7 PC

2.5. Penal Code 16590 PC -- California's ban on "generally prohibited weapons"

2.6. Penal Code 30600 PC -- California's ban on assault weapons and rifles

2.7. Further restrictions on ammunition and gun accessories

2.7.1. Armor-piercing ammunition

2.7.2. Silencers

2.7.3. Stun Guns

2.7.4. Laser scopes and laser pointers

3. California laws against using a firearm

3.1. Penal Code 417 PC -- California's "brandishing a weapon" law

3.2. Penal Code 417.6 PC – inflicting bodily injury while brandishing a firearm

3.3. Penal Code 26100 – California's "drive-by shooting" law

3.4. Penal Code 245(a)(2) PC -- assault with a firearm

3.4.1. Assault with a machine gun, assault weapon, or .50 BMG rifle

3.4.2. Assault with a semiautomatic firearm

3.4.3. Assault with other types of firearms

3.4.4. Assault with a firearm against a peace officer

3.4.5. Assault with a firearm against school employees

3.5. Penal Code 246 and 247 -- Shooting at dwellings, vehicles and aircrafts:

3.5.1. Penal Code 246 PC -- shooting at an inhabited or occupied dwelling, vehicle or aircraft

3.5.2. Penal Code 247 PC – shooting at an uninhabited or unoccupied dwelling, vehicle or aircraft

3.5.3. Penal Code 247.5 PC -- malicious discharge of a laser at an
occupied aircraft

3.6. Penal Code 246.3 PC -- grossly negligent discharge of a firearm or BB device

4. Alternative and additional penalties, punishment, and sentencing for California firearm offenses

4.1 Misdemeanor (summary) or felony probation

4.2. Penal Code 12022 and 12022.5 PC -- California's sentencing enhancements for personally using a gun

4.3. Penal Code 12022.53 PC -- California's "10-20-life 'use a gun and you're done' " law

4.4. Penal Code 186.22 PC -- California's criminal street gang enhancement

4.5. Penal Code 12022.2 PC -- commission of a firearm felony while possessing metal-piercing armor or wearing a bullet-proof vest

4.6. Penal Code 12022.3 PC -- use of a firearm during the commission of sex crimes

4.7. Penal Code 12022.4 -- aiding or abetting a felony with
a firearm

5. Legal defenses to gun charges in California
6. Collateral consequences of a firearm conviction

6.1.  Loss of your right to own or acquire firearms

6.2. California Penal Code 667 PC -- California's "Three Strikes" Law

6.3. California firearm offenses and immigration

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Firearm Laws; Penal Code 417 PC Brandishing a Weapon; Penal Code 29800 PC, Felon with a Firearm; Penal Code 25400 PC, California's concealed firearm law; Consequences of a California Felony Conviction; Concealed Weapon Permits; Legal Defenses; California's Gun Free School Zone Act; Self-Defense Laws; Illegal Search and Seizure; Expungement Law; and Restoring Your Firearms Rights.

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1. Who may possess a gun in California?

California gun laws2 allow most adults in the state to buy a firearm without a license.

Unless you are prohibited by law from owning a handgun (as set forth below), you may legally keep a gun within your house or a place of business that you own.3 You may also legally carry a gun from place to place in a locked container.4

1.1. People prohibited from possessing a gun in California

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The following people are generally prohibited from acquiring or possessing a gun in California:

  1. felons (that is, anyone convicted of any felony offense in any jurisdiction),5
  2. persons who are addicted to narcotics,6
  3. persons with two (2) or more convictions under Penal Code 417, California's law against brandishing a weapon,7
  4. persons convicted of certain misdemeanor offenses,8
  5. persons who suffer from mental illness,9 and
  6. minors (that is, anyone under 18).10

If you are prohibited from owning a gun, you are also prohibited from owning ammunition.11

Anyone else may possess a firearm or ammunition (other than armor piercing ammunition12 ). However, in order to purchase a handgun, you must possess a valid handgun safety certificate.13

If you have the legal right possess a gun, there are several ways to exercise your Second Amendment right to bear arms.

1.2. Penal Code 26150 and 26155 PC -- California concealed firearm permits

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In California, firearm permits are authorized under Penal Code 26150 and 26155 PC, permits to carry a concealed firearm.14 These licenses entitle you to carry a "pistol, revolver, or other firearm capable of being concealed upon your person".   The permits are issued by your local sheriff or chief of police department.  They require a showing that:

  1. You are of good moral character,
  2. Good cause exists for issuance of the license,
  3. You are a resident of that city, and
  4. You have completed a prescribed course of firearms training.15

If you receive a permit to carry a concealed firearm, you may legally carry a loaded, concealed gun.  However, you must comply with the terms and conditions outlined in your permit.

In February of 2014, a federal court ruled--in the landmark case of Peruta v. San Diego County--that the "good cause" requirement for concealed carry permits in California is unconstitutional. That holding is currently being appealed. But if it is allowed to stand, then California law on concealed weapons permits could change drastically in the near future.

1.3. Licensed sellers of firearms and weapons

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Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms.16

Penal Code 26500 makes it a misdemeanor to sell, lease, or transfer a gun without a license.17 Violators face up to:

  1. One (1) year in county jail; and/or
  2. A maximum $1,000 fine;
2. California laws against possessing or carrying firearms
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Numerous California gun laws prohibit possessing or carrying firearms under certain circumstances.

You face criminal penalties if you:

  • Possess or carry an illegal firearm, or
  • Illegally carry or possess an otherwise legal firearm.

Some of the most relevant California firearm offenses include (but are not limited to):

2.1. Penal Code 29800 PC -- California's "felon with a firearm" law

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Penal Code 29800 PC, California's felon with a firearm law, prohibits three groups of people from owning or acquiring guns:

  1. convicted felons,
  2. anyone convicted of specific misdemeanors, and
  3. narcotic drug addicts.18

Note that federal law prohibits gun ownership by people in additional categories, including:

  • anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one (1) year,
  • anyone who has been discharged from the military under dishonorable conditions,
  • illegal aliens,
  • anyone who has renounced his or her US citizenship,
  • anyone under a court order for a stalking crime, and
  • fugitives from justice.19

Penalties for being a felon with a firearm in California

If you fall within one of the groups mentioned above and you:

  • own,
  • possess,
  • purchase, or
  • receive

a gun... your gun rights can be revoked for a minimum of 10 years.20 In some cases, your gun rights can be revoked for life.21 If you are a juvenile, you will not be able to own a gun until you are 30 years old.22

2.2. Penal Code 25400 PC -- California's "carrying a concealed firearm" law

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California Penal Code 25400 PC is California's "carrying a concealed firearm" law. This statute makes it a crime to carry a concealed firearm on your person or in a vehicle.23 To convict you under this law, prosecutors must prove that you knew you were carrying a concealed firearm.24

If, for example, someone left his/her gun under the passenger seat of your car without your knowledge, you aren't guilty of this offense.

In addition, you may transport a handgun you legally own or possess as long as it is:

  1. unloaded,25 and
  2. carried either:

    • within a motor vehicle and locked in the trunk, or in a locked container within the vehicle; or
    • by you directly to or from any motor vehicle for any lawful purpose and within a locked container.26

Non-concealable firearms (rifles and shotguns) are not covered by Penal Code 25400.  They do not need to be transported in a locked container.  However, they must be unloaded while they are being transported.27

Penalties for carrying a concealed firearm in California

Absent aggravating circumstances, carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor.28 If convicted of misdemeanor carrying a concealed firearm, you face:

  1. up to one (1) year in a county jail, and/or
  2. a maximum $1,000 fine.29
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Violation of Penal Code 25400 becomes a felony ("straight" felony)30 , however, if:

  1. you have a prior felony conviction or conviction for a California firearm offense,31
  2. the firearm is stolen and you knew... or had reasonable cause to believe... that it was stolen,32
  3. you are actively involved in a criminal street gang,33
  4. you do not lawfully possess the firearm,34
  5. you are prohibited from possessing a firearm under Penal Code 29800 PC, California's felon with a firearm law,35 or
  6. you are prohibited from possessing a firearm under Penal Code 29900 PC for committing... or attempting to commit... a violent offense.  Offenses deemed violent for purposes of this section include (but are not limited to):

    • Murder,
    • Rape,
    • Lewd acts on a child,
    • Robbery,
    • Kidnapping, and
    • Carjacking.36

Felony carrying a concealed firearm is punishable by:

  • 16 months, or two or three years in California state prison, and
  • a maximum $10,000 fine.37

Under two circumstances, violation of Penal Code 25400 PC is a wobbler:

  1. you have a prior misdemeanor conviction for a crime against a person or property, or involving narcotics or dangerous drugs,38
  2. OR

  3. both of the following:

    • the firearm is loaded (or the ammunition is readily accessible), AND
    • you are not the registered owner of the gun.39

Prosecutors can choose to charge a wobbler offense as either a misdemeanor or a felony.

If your wobbler violation for carrying a concealed firearm is charged as a misdemeanor you face:

  1. up to one (1) year in a county jail, and/or
  2. a maximum $1,000 fine.40

If the wobbler is charged as a felony, you face:

  1. 16 months, or two (2) or three (3) years in California state prison, and/or
  2. a maximum $10,000 fine.41

In addition, if you have previously been convicted of a felony or a California firearm offense, a violation of Penal Code 25400 carries a minimum three (3) month county jail sentence.42

And you will serve between three (3) and six (6) months in a county jail if you have a prior conviction for:

If you are convicted under Penal Code 25400 PC, you may also lose your weapon.44

2.3. California Penal Code 25850 PC -- "carrying a loaded firearm in public"

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Penal Code 25850 PC, California's "carrying a loaded firearm in public" law, prohibits just that...carrying a loaded firearm in public.45 This law also makes it a crime to carry a loaded firearm in a car (other than in the trunk or a locked container).

A firearm is considered loaded when there is an unexpended cartridge or shell attached in any manner to the firearm.  This includes... but is not limited to... in the firing chamber or a magazine or clip attached to the firearm.46

And while it may seem illogical or unjust, prosecutors can charge you with this offense even when the gun is inoperable.47

Note additionally that California has no general "open-carry" law.

"Open carry" refers to the practice of openly carrying weapons (as opposed to carrying concealed weapons).48

As of January 1, 2012, it is illegal to openly carry a gun in California ... whether loaded or unloaded... unless you have a concealed firearms permit.49

But Penal Code 25850 does require that you knew you were carrying a loaded firearm.50 If you didn't know you had a loaded gun on your person or in your car, you are not guilty of this offense.

Punishment for carrying a loaded firearm in violation of Penal Code 25850 is the same as for carrying a concealed firearm under Penal Code 25400.

And if your gun is both loaded and concealed... you can be prosecuted under both statutes. That is, unless you hold a valid firearm carry permit, which excuses both crimes.

2.4. Possession of guns in specific places

2.4.1 Penal Code 626.9 PC -- possession of a firearm on school grounds

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Possession of a firearm on or near school grounds is punishable under Penal Code 626.9, California's Gun-Free School Zone Act.51

Under Penal Code 626.9, it is a crime to:

  1. possess a firearm in or on the grounds of... or within 1,000 feet from the grounds of... a public or private school providing instruction in kindergarten or grades 1 to 12;52
  2. discharge... or attempt to discharge... a firearm in a school zone, with reckless disregard for the safety of another;53
  3. bring or possesses a loaded firearm upon the grounds of... or student or teacher housing for... a public or private university.54

Violation of Penal Code 626.9 is punishable by as much as seven (7) years in state prison.55

2.4.2 Government buildings – Penal Code 171c PC

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Under Penal Code 171c, it is a wobbler offense to bring a loaded firearm into any of the following:

  • the State Capitol,
  • any legislative office,
  • any hearing room in which any committee of the Senate or Assembly is conducting a hearing,
  • the Legislative Office Building at 1020 N Street in the City of Sacramento, or
  • upon the grounds of the California State Capitol.

Possession of a loaded firearm in a government building in violation of Penal Code 171(c) is punishable:

  1. as a misdemeanor, by up to one year in county jail, and/or or up to a $1,000 fine, or
  2. as a felony, by up to one year in state prison.

Penal Code 171c also makes it a misdemeanor to bring or possess any of the following in a government building:

  • unloaded firearms,
  • generally prohibited weapons,
  • stun guns,
  • BB guns or pellet guns, and
  • spot marker or paint guns

Possession of any of the foregoing in a government building is punishable by up to a year in county jail or a $1,000.  Or it may be punished by both jail AND a fine if the area is posted with a statement providing reasonable notice that prosecution may result from possession of such items.

2.4.3 The Governor's mansion – Penal Code 171d PC

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Penal Code 171d PC makes it a it is a wobbler to bring or possess a loaded firearm within or on the grounds of:

  • the Governor's Mansion or any other residence of the Governor,
  • the residence of any other constitutional officer, or
  • the residence of any Member of the Legislature.

Violation of Penal Code 171d is punishable:

  1. as a misdemeanor, by up to one year in county jail, and/or or up to a $1,000 fine, or
  2. as a felony, by up to one year in state prison.

2.4.4 Airports and passenger vessel terminals – Penal Code 171.5 PC

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Under Penal Code 171.5 PC, it is a misdemeanor to knowingly possess, within any sterile area of an airport or a passenger vessel terminal:

  • a firearm,
  • a taser or stun gun,
  • a BB or pellet gun,
  • an imitation firearm,
  • the frame or receiver of a firearm, or
  • any ammunition.

Possession of any of these guns within the sterile (post security check) area of an airport or a passenger vessel terminal is punishable by:

  1. up to six months in county jail, and/or
  2. a fine of up to $1,000.

2.4.5. Public transit facilities – Penal Code 171.7 PC

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Penal Code 171.7 PC makes it a misdemeanor to knowingly possess within any sterile area of a public transit facility:

  • a firearm,
  • an imitation firearm,
  • a taser or stun gun,
  • a BB or pellet gun, or
  • a spot marker or paint gun.

The sterile area must, however, be posted with a statement providing reasonable notice that prosecution may result.

Public transit facilities transport members of the public for hire.  They include (but are not limited to):

  • streetcars,
  • buses,
  • light rail systems,
  • rapid transit systems,
  • subways, and
  • trains.

Possession of one of the listed guns under Penal Code 171.7 is punishable by:

  1. up to six months in county jail, and/or
  2. a fine of up to $1,000.

2.5. Penal Code 16590 PC -- California's ban on "generally prohibited weapons"

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Penal Code 16590 PC makes it a crime to:

  • manufacture or cause to be manufactured,
  • import into the state,
  • keep for sale,
  • offer or expose for sale,
  • give,
  • lend, or
  • possess

any "generally prohibited weapon".

"Generally prohibited weapon" includes various types of firearms and firearm accessories including (but not limited to):

  • camouflaging firearm containers,56
  • cane gun,57
  • firearms that are not immediately recognizable as firearms,58
  • large-capacity magazines,59
  • multiburst trigger activators,60
  • short-barreled rifles and short-barreled shotguns,61
  • unconventional pistols,62
  • undetectable firearms,63
  • wallet guns,64 and
  • zip guns.65

Possession of any generally prohibited weapon is a "wobbler" offense.66 It is punishable by loss of the weapon and:

  1. As a misdemeanor, by a minimum three (3) month to a maximum one (1) year jail sentence, or
  2. As a felony, by 16 months, two (2) years, or three (3) years in California state prison.

2.6. Penal Code 30600 PC -- California's ban on assault weapons and rifles

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Penal Code 30600 PC is California's ban on assault weapons and rifles.67 It punishes manufacturing, selling, and/or possessing assault weapons and .50 BMG rifles68 without a permit.69

A ".50 BMG rifle" is a center fire rifle that can fire a .50 BMG cartridge and that is not an assault weapon or a machine gun.70

The California Penal Code defines over 50 specific guns that count as assault weapons.71

Some examples of assault weapons include:

Penalties for possession or sale of assault weapons or
.50 BMG rifles

Possession of an assault weapon is a wobbler, punishable generally:

  1. As a misdemeanor, by up to one (1) year in county jail, or
  2. As a felony, by 16 months, two (2) years, or three (3) years in
    state prison.73

Possession of a .50 BMG rifle is generally a misdemeanor, which can be punished by:

  1. up to one (1) year in a county jail, and/or
  2. a maximum $1,000 fine.74

It is also illegal to:

  • manufacture,
  • distribute
  • transport,
  • import into the state,
  • sell,
  • give, or
  • lend

an assault weapon or .50 BMG rifle.75

Such actions constitute a felony, punishable by four (4), six (6), or eight (8) years in California State prison.76

In addition, if you transfer, lend, sell, or give any assault weapon or.50 BMG rifle to a minor, you will receive a sentencing enhancement of one (1) year of state prison... in addition and consecutive to the punishment for selling or transferring the weapon.77

2.7. Further restrictions on other ammunition, guns, and gun accessories

2.7.1. Armor-piercing ammunition

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California Penal Code 30315 PC makes it a crime to possess armor-piercing ammunition.78

Possession of armor-piercing ammunition is a wobbler.  Punishment is either:

  • Up to one (1) year in county jail, or
  • 16 months, two (2) years, or three (3) years in California state prison;

and/or

a fine not to exceed $5,000.79

2.7.2. Silencers

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California Penal Code 33410 PC makes possession of a silencer a felony.80

Possession of a silencer is punishable by:

  1. 16 months, two (2) years, or three (3) years in California state prison; and/or
  2. a fine not to exceed $10,000.81

2.7.3. Stun Guns

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California Penal Code 22610 PC makes possession of stun guns by most people legal.  It is illegal to own a stun gun, however, if :

  1. You have been convicted in any jurisdiction of"

    • a felony, or
    • any crime involving an assault, or misuse of a stun gun under Section 244.582 ;

  2. you are addicted to any narcotic drug; or
  3. you are a minor, unless you are at least 16 years of age and you have the written consent of your parent or legal guardian.83

The first violation of Penal Code 22610 is a public offense punishable by a $50 fine.

Subsequent violations are a misdemeanor, punishable by:

  1. up to one (1) year in a county jail, and/or
  2. a maximum $1,000 fine.

2.7.4. Laser scopes and laser pointers

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Under Penal Code 417.25, it is a misdemeanor, other than in self-defense, to aim or point a laser scope or laser pointer at someone:

  1. in a threatening manner, and
  2. with the specific intent to cause a reasonable person fear of bodily harm.84

A "laser scope" is defined as:

  1. a portable battery-powered device capable of being attached to a firearm, and
  2. capable of projecting a laser light on objects at a distance.85

For purposes of this law, the laser scope need not be attached to a firearm.

A "laser pointer" is:

  1. any hand held laser beam device or demonstration laser product,
  2. that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye.86
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Violation of Penal Code 417.25 is punishable by up to 30 days in a county jail.

California Penal Code 417.26 makes it a crime to point a laser scope or laser pointer at a peace officer:

  1. with the specific intent to cause the officer apprehension or fear of bodily harm, and
  2. if you know, or reasonably should know, that the person at whom you are aiming or pointing the laser scope or pointer is a peace officer.87

Violation of Penal Code 417.26 PC is a misdemeanor.  A first offense is punishable by up to six (6) months in a county jail.88

Subsequent violations are punishable by county jail sentences of up to one (1) year.89

3. California Laws Against Using a Firearm

While illegally carrying a firearm can be quite serious, illegally using a gun is even more so.

The following are some common California laws involving the illegal use of a firearm.

3.1. Penal Code 417 PC -- California's "brandishing a weapon" law

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Penal Code 417 PC, California's "brandishing a weapon" law, prohibits "drawing, exhibiting, or using a firearm or deadly weapon".90 If you "brandish" a weapon or firearm in a rude, angry, or threatening manner, prosecutors could charge you with this offense.

It isn't necessary that you actually intend to cause any harm or that the alleged victim even sees your weapon.91 The crime is complete once you draw, exhibit, or use the weapon in a rude, angry, or threatening manner.

Brandishing a weapon under Penal Code 417 may be punished as
a misdemeanor, a wobbler, or a straight felony.

Misdemeanor violations... and corresponding penalties... include:

  1. Brandishing  a  pistol, revolver, or other firearm capable of being concealed upon the person... in a rude, angry, or threatening manner... in a public place:

    • a minimum three (3) month, to a maximum one (1) year, jail sentence, and/or
    • a maximum $1,000 fine.92

  2. Brandishing any other firearm... or brandishing a firearm in other than a public place... in the same manner:  not less than three (3) months in county jail.93
  3. Brandishing an imitation firearm: not less than 30 days in county jail.94

Wobbler violations of brandishing a weapon under Penal Code 417 (and the related code sections that follow) include:

  1. brandishing a firearm upon the grounds of a child day-care center while that center is open;95
  2. brandishing a firearm in the immediate presence of a peace officer engaged in the performance of his/her duties;96 and
  3. brandishing a firearm against the occupant of a motor vehicle.97

These violations are punishable:

  1. As a misdemeanor, by a minimum three (3) month, to a maximum one (1) year, jail sentence, or
  2. As a felony, by 16 months, two (2) years, or three (3) years in California state prison.

In addition, brandishing a weapon against the occupant of a motor vehicle carries a possible fine of up to $3,000.98

Finally, under Penal Code 417.8, it is a felony to  draw or exhibit any firearm... whether loaded or unloaded... with the intent of resisting or preventing arrest. Violations are punishable by two (2), three (3), or four (4) years in state prison.

3.2. Penal Code 417.6 PC – inflicting bodily injury while brandishing a firearm

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You are guilty of a "wobbler" if you intentionally inflict serious bodily injury while:

  1. brandishing a fiream (Penal Code 417 PC), or


  2. brandishing a firearm while resisting arrest (Penal Code 417.8 PC).99

For purposes of Penal Code 417.6, "serious bodily injury" means a serious impairment of physical condition.  Such impairment can include (but is not limited to):

  • loss of consciousness;
  • concussion;
  • bone fracture;
  • protracted loss or impairment of function of any bodily member or organ;
  • a wound requiring extensive suturing; and
  • serious disfigurement.100

Intentional infliction of serious bodily injury while brandishing a weapon is punishable:

  1. As a misdemeanor, by up to one (1) year in county jail, or
  2. As a felony, by 16 months, two (2) years, or three (3) years in California state prison.

And in addition to serving time, if you brandish a firearm, the gun (and vehicle, if applicable) may be confiscated.101

3.3. California Penal Code 26100 PC – California's "drive-by shooting" law

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Penal Code 26100 PC is properly known as "discharging a firearm from a motor vehicle".  It is usually referred to, however, as California's "drive-by shooting" law.

Penal Code 26100 prohibits:

  1. knowingly allowing another person to bring a gun into a car you own or are driving,
  2. knowingly allowing another person to discharge a gun from within a car you own or are driving,
  3. willfully and maliciously shooting at another person from within a car, and
  4. willfully and maliciously firing a gun from within a car.102

Although this offense is referred to as "drive-by shooting," there is no requirement that the car be moving.  If a gun is in your car... or shots are fired from within it, you are guilty of this crime.103

Depending on the circumstances, violation of Penal Code 26100, California's "drive-by shooting" law, can be either a misdemeanor or a felony.

Penalties if you are the driver or owner of the vehicle

If you drive or own a car and you allow a passenger to carry a gun in the car, you are guilty of a misdemeanor.  A misdemeanor drive-by shooting offense is punishable by:

  1. up to six (6) months in a county jail, and/or
  2. a maximum $1,000 fine.104

Driving or owning a car and allowing a passenger to discharge a firearm from it is a "wobbler offense".  If convicted of the charge as a misdemeanor, you face:

  1. up to one (1) year in a county jail, and/or
  2. a maximum $1,000 fine.105

If convicted as a felony, the punishment is:

  1. 16 months, or two, or three years in the California state prison, and/or
  2. up to $10,000 in fines.106

Penalties for "shooters"

Discharging a firearm from within a car is a "wobbler".  If you are convicted of a misdemeanor violation, you face:

  1. up to one (1) year in a county jail, and/or
  2. a maximum $1,000 fine.107

If convicted as a felony, however, the punishment is:

  1. 16 months, or two, or three years in the California state prison, and/or
  2. up to $10,000 in fines.108

And if you or someone in your vehicle discharges a firearm at another person, it is an automatic felony.  If convicted of this offense, you face

  1. three, five, or seven years in the state prison, and
  2. a maximum $10,000 fine.109

3.4. California Penal Code 245(a)(2) PC -- assault with a firearm

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Penal Code 245(a)(2) PC, California's  "assault with a firearm" law, prohibits assaulting someone with a firearm.

Penal Code 240 PC defines "assault" as the unlawful attempt... coupled with the present ability... to commit a violent injury on the person of another."110

Under Penal Code 245(a)(2), it is not necessary that you actually injure someone.  All that is required is an attempt to commit a violent injury.111

You don't even need a specific, identifiable victim to be guilty of violating this law.  If, for example, you fire a gun into a crowd, you can be charged with assault with a firearm.112

Punishment for assault with a firearm depends on the type of firearm and victim.

3.4.1. Assault with a machine gun, assault weapon, or .50 BMG rifle

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.50 BMG rifle

Assault with a machine gun, assault weapon, or .50 BMG rifle is a felony.  It is punishable by four (4), eight (8), or 12 years California state prison.113

3.4.2. Assault with a semiautomatic firearm

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Semi-automatic pistol

Assault with a semiautomatic firearm is also a felony.   It is be punished by three (3), six (6), or nine (9) years in state prison.114

A "semiautomatic firearm" extracts a fired cartridge and chambers a fresh cartridge with each single pull of the trigger115.

3.4.3. Assault with other types of firearms

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Revolver

Assault with any other type of firearm is a wobbler.  Wobbler violations of Penal Code 245(a)(2) PC are punishable:

  1. As a misdemeanor, by not less than six (6) months, and not more than one (1) year, in county jail, or
  2. As a felony, by two (2), three (3), or four (4) years in California state prison.

3.4.4. Assault with a firearm against a peace officer

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If you know... or reasonably should know that your alleged victim is a peace officer engaged in the performance of his or her duties, assault with a firearm must be charged as a felony.  Your state prison sentence will depend on the type of gun used:

  1. semiautomatic firearm: five (5), seven (7), or nine (9) years;116
  2. machine gun, assault weapon, or .50 BMG rifle: six (6), nine (9), or 12 years;117 or
  3. any other firearm: four (4), six (6), or eight (8) years.118

And in all cases of assault with a firearm under Penal Code 245, in addition to other penalties, the weapon may be confiscated.119

3.4.5. Assault against school employees

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Assaults against school employees can be charged under Penal Code 245, above, if applicable.  Or they can be charged under Penal Code 245.5.  This law makes it a crime to assault someone that you know... or reasonably should know... is a school employee, while that person is engaged in the performance of his/her duties.

Assault with any type of firearm against a school employee is a wobbler, punishable as follows:

  1. As a misdemeanor, in county jail for not less than six (6) months and not more than one (1) year; or
  2. As a felony, by four (4), six (6), or eight (8) years in state prison.120

Assault with a stun gun or taser against a school employee is punishable:

  1. As a misdemeanor, in county jail for not more than one (1) year; or
  2. As a felony, by two (2), three (3), or four (4) years in state prison.121

3.5. Shooting at dwellings, vehicles or aircraft: Penal Code 246 and 247

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3.5.1. Penal Code 246 PC -- shooting at an inhabited or occupied dwelling or vehicle

Penal Code 246 PC California's law against shooting at an inhabited or occupied dwelling, or vehicle punishes shooting at:

  1. an inhabited house,
  2. an occupied building,
  3. an occupied car, or
  4. an inhabited camper.122

"Inhabited" means lived in, even if the occupants are not home.123

Shooting directly "at" one of these targets isn't even necessary.  Prosecutors can charge you with Penal Code 246 for simply shooting in close proximity to an inhabited dwelling, occupied building, or occupied car.124

And on that note, prosecutors can also charge you even if you don't personally do the shooting.  That is, if you aid or abet the shooter in his/her efforts, you can be found guilty of this crime.125

Violation of Penal Code 246 PC is a felony, punishable by three (3), five (5), or seven (7) years in state prison.

3.5.2. Penal Code 247 PC -- shooting at an uninhabited or unoccupied dwelling, aircraft or vehicle

Penal Code 247 makes it a crime to willfully and maliciously discharge a firearm at:

  • an unoccupied aircraft;
  • an unoccupied motor vehicle; or
  • an uninhabited building or dwelling house.126

This law is similar to Penal Code 246, but applies to uninhabited dwellings and unoccupied vehicles.  It also applies to unoccupied aircraft.

Malicious discharge of a firearm at an unoccupied aircraft is a felony.  It is punishable by 16 months, or two (2) or three (3) years in state prison .

Malicious discharge of a firearm at an unoccupied dwelling is a wobbler.  It can be punished by up to one (1) year in county jail, or 16 months, or two (2) or three (3) years in state prison.

The law does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.127

3.5.3 Penal Code 247.5 PC -- malicious discharge of a laser at an occupied aircraft

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Penal Code 247.5 PC makes it a crime to willfully and maliciously discharges a laser at an occupied aircraft.   The law applies to whether the aircraft is in motion or in flight.

Violation of Penal Code 247.5 is a wobbler, punishable:

  1. as a misdemeanor, by:

    • not more than one year in county jail, or
    • by a fine of one thousand dollars ($1,000), or

  2. as a felony, by:

    • 16 months, two years, or three years in state prison, or
    • by a fine of two thousand dollars ($2,000).

3.6. Penal Code 246.3 PC -- grossly negligent discharge of a firearm or BB device

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BB gun with CO2 canisters and ball bearings

California Penal Code 246.3 makes it a wobbler to:

  1. willfully discharge a firearm or BB device,
  2. in a grossly negligent manner,
  3. which could result in injury or death,
  4. to a person.129

"BB device" means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action.130

Penal Code 246.3 PC is closely related to Penal Code 246 PC.  Both offenses involve intentionally shooting a gun under circumstances that are likely to cause great bodily injury or death.  The difference is that PC 246 involves shooting at a direct target, whereas PC 246.3 does not.

Grossly negligent discharge of a firearm or a BB device is a wobbler, punishable by:

  1. up to one(1) year in county jail, or
  2. 16 months, two (2) years, or (3) three years in California state prison.131

Grossly negligent discharge of a BB device is a public offense, punishable by up to one (1) year in county jail.132

4. Alternative and additional penalties, punishment, and sentencing for California firearm offenses
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As you can see, violations of California firearms offenses... especially wobblers ... are punished by a range of sentences.

Judges look to four main factors to determine what penalty to impose:

  1. whether the offense is charged as a misdemeanor or a felony,
  2. the type of firearm used,
  3. your criminal history, and
  4. whether the offense subjects you to any California firearm sentencing enhancements.

4.1  Misdemeanor (summary) or felony probation

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If you are convicted of a misdemeanor, a judge has the option to give you misdemeanor (summary) probation<.    If given misdemeanor probation, you will serve little or no jail time.  The judge will, however, impose a number of conditions. You must adhere to these in order to avoid going to jail... or returning to jail.

Such conditions might include (but are not limited to):

  • community service or labor (such as CAL-TRANS roadside work),
  • electronic monitoring or house arrest,
  • participation in counseling / treatment programs, and/or
  • paying victim restitution.

If you are convicted of a felony, you could be granted felony probation.  If sentenced to felony probation, you could serve up to one (1) year in county jail rather than a longer period in state prison.

In addition to the base punishments for the underlying crime, there are sentencing enhancements that apply to California firearm offenses.  Some are rather obscure and limited in scope, while others cover a broad range of conduct and are frequently imposed.

A sentencing enhancement "enhances" your prison sentence by making it longer.  If you are convicted of a gun offense and a corresponding sentencing enhancement, you serve the sentence imposed for the underlying felony... in addition to... the sentence imposed for the enhancement.

You cannot be convicted of a sentencing enhancement by itself.  In order to suffer a sentencing enhancement, prosecutors must first convict you of an underlying felony charge.

Let's take a look at the most common California sentencing enhancements.

4.2. Penal Codes 12022 and 12022.5 PC -- California's sentencing enhancements for personally using a gun

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Penal Codes 12022 and 12022.5 PC -- California's sentencing enhancements for personally using a gun -- can make your sentence as much as ten (10) years longer.  These laws subject you to anywhere from one (1) to ten (10) years in prison... in addition and consecutive to... the sentence you receive for the underlying felony.133

The length of the enhancement depends on three primary factors:

  1. whether you were personally armed with the gun or whether you personally used the gun,
  2. the type of firearm (that is, whether you used a "generic" handgun or whether you used an assault weapon or machine gun), and
  3. the underlying felony offense.134

4.3. Penal Code 12022.53 PC -- California's "10-20-life 'use a gun and you're done' " law

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Penal Code 12022.53 PC, California's "10-20-life 'use a gun and you're done'" law, is among the strictest in the nation.  However, this sentencing enhancement only applies to 19 enumerated serious or violent felony offenses135 and to any other felony offense that is "punishable by death or imprisonment in the state prison for life".  Liability under this law also extends to "attempts" to commit any of these felonies.136

Felonies under this section include (but are not limited to):

  • murder,
  • kidnapping,
  • robbery,
  • carjacking,
  • rape and other sex crimes, and
  • lewd acts on a child.137

California's "10-20-life" law subjects you to ten years in prison for "using" a gun, twenty years for firing a gun, and 25 years to life for killing or seriously injuring another person with a gun...and this is in addition and consecutive to the sentence you receive for the underlying felony conviction.138

4.4. Penal Code 186.22 PC -- California's criminal street gang enhancement

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Penal Code 186.22 PC California's gang enhancement is also quite severe.  This law punishes gang members and their associates.  It applies when gang members commit crimes that are:

  • for the benefit of,
  • at the direction of, or
  • in association with

any criminal street gang,

AND

which are committed with the specific intent to

  • promote,
  • further, or
  • assist

in criminal conduct by gang members.

Penal Code 186.22 PC punishes individuals who are active participants in gang-related activity... even if they are not themselves gang leaders or, for that matter, even gang members.

If convicted of the street gang sentencing enhancement, you could serve from two (2) addition years in prison to as much as a life sentence, depending on the underlying felony offense.139

4.5. Penal Code 12022.2 PC -- commission of a firearm felony while possessing metal-piercing armor or wearing a bullet-proof vest

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Penal Code 12022.2 provides (at least until  January 1, 2014 )140 an enhancement for certain firearm related felonies.

If:

  1. you commit any felony,
  2. while armed with a firearm, and
  3. you have in your immediate possession armor-piercing ammunition,

you will be receive three (3), four (4), or ten (10) years in state prison... in addition and consecutive to... the punishment for the underlying felony or attempted felony.141

And if you commit... or attempt to commit... a violent felony while wearing a bullet-proof vest, you can be punished by one (1), two (2), or five (5) years in state prison... in addition and consecutive to... the punishment for the underlying felony or attempted felony.142

4.6. Penal Code 12022.3 PC -- use of a firearm during the commission of
sex crimes

Penal Code 12022.3 PC provides a sentencing enhancement for the use of firearm during specified sexual offenses including:

  • mayhem,143
  • rape,
  • sodomy,
  • forced oral copulation, and
  • lewd or lascivious acts upon a child.144

For being armed with a firearm during the commission of one of these crimes, you will receive an additional term of one (1), two (2), or five (5) years in state prison.

For using a firearm in the commission of the crime, the enhancement is three (3), four (4), or ten (10) years.145

4.7. Penal Code 12022.4 -- aiding or abetting a felony with a firearm

If, during the commission... or attempted commission... of a felony, you offer someone else a gun for the purpose of helping them commit the crime, you may receive an enhanced sentence under Penal Code 12022.4 (at least until January 1, 2014).146

In addition to your sentence for the underlying felony... or attempted felony... you will receive another one (1), two (2), or three (3) years in state prison.147

5. Legal defenses to gun charges in California

Legal defenses to California firearms charges can vary from offense to offense.  Some legal defenses to California gun crimes include (but are not limited to):

You are legally permitted to carry a firearm

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If you have a license or permit for carrying a concealed weapon under Penal Code 26150 or 26155 PC, then carrying a gun generally does not violate the law.

Similarly, if you are a licensed firearms dealer, carrying a gun may be legal.

In either case, in order to prevail on this defense, you bear the burden of proving that you have a valid license.148

You carried a firearm in self-defense

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You may be absolved of criminal liability for carrying a concealed firearm under California's self-defense laws. These apply if you reasonably believe that:

  1. your life is in "grave danger,"


  2. because of other people's specific threats or conduct which justified the basis for a court-ordered restraining order...149

You were charged with assault, but you didn't have the ability to harm anyone

In order for an assault with a firearm charge to stick, you must have actually had the ability to apply force likely to produce great bodily injury.150

If you couldn't actually have used a gun to harm someone, you are not guilty of assault.

Example:  On the way home from the firing range, you get into an argument at a red light with someone in the car next to you.  You tell him you have just come from the shooting range and make a "shooting" gesture with your thumb and forefinger.  When you pull out at a green light, a cop pulls you over.  You consent to a search of your vehicle.  The officer finds your gun in the car, but there is no ammunition in either the gun or the vehicle.  Because you were driving (and couldn't have pistol whipped someone in the other car) and because you couldn't have shot anyone, you have a possible defense to a charge of assault with a firearm.

You didn't know you were carrying a firearm

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Knowledge is a requirement of many gun offenses.  If you didn't know you were carrying a gun, for instance, you aren't guilty of carrying a concealed firearm.151

Example:  Someone hid a gun in your backpack without your knowledge.  On your way to school, you are stopped because you look like someone wanted for a crime. When the police search you, they find the gun.  Since you didn't know it was there, you aren't guilty of carrying a concealed firearm.

The gun was found during an illegal search

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The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures.152

In order for the police to legally search you or your car, they must have:

  • a valid California search warrant, which authorizes them to search you or your property OR
  • probable cause for a search (which means they have a reasonable belief you are engaged in criminal activity or pose a threat to threat to their safety),153OR
  • your consent to search you or your  property.154

If none of the foregoing applies, the cop may have violated your Fourth Amendment rights.

And if a firearm is discovered and confiscated during an illegal search, the weapon is inadmissible in court.155

Example:  A California Highway Patrol officer pulls you over running a stop sign.  You are pleasant, and you cooperate by promptly giving the officer your license and registration.   You have no outstanding warrants.  However, the officer chooses to search your car anyway and finds a firearm under the passenger seat.

Since the officer had no probable cause to search your vehicle, the gun was found during an illegal search and is inadmissible in court.

Police Misconduct

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Police misconduct is a legal defense to most firearms charges.  If police misconduct is suspected, we can run a Pitchess motion to see whether others have made complaints about the officer in the past.

If you are a victim of police misconduct, the prosecutor or judge may dismiss your charges.  Or, if the case goes forward, a jury may find you not guilty at trial.

Examples of police misconduct include (but are not limited to):

  • a cop plants a concealed firearm on your person or in your car;
  • an officer lies in the  police report;
  • an officer testifies falsely about the facts of your case;
  • your confession was coerced, or
  • your civil rights were violated in any other way.
6. Collateral consequences of firearm convictions

6.1. Loss of your right to own or acquire firearms

If you are convicted of any felony, your right to own, possess, or acquire a firearm will be revoked for life.156 Certain misdemeanor firearm offenses will also trigger the lifetime ban.  These include:

  • Penal Code 245(a)(2) PC, assault with a firearm,
  • Penal Code 246 PC, shooting at an inhabited dwelling, and
  • certain violations of Penal Code 417 PC California's "brandishing a weapon" law.157

Misdemeanor crimes of domestic violence can also cause you to lose your gun rights.  This is because there is a lifetime firearms ban for these crimes under federal law.158

There are also a variety of misdemeanor offenses that are unrelated to California gun offenses, but which trigger a ten-year firearms ban.159

If you are convicted of a felony involving a firearm, there is no way to restore your firearms rights.

Otherwise, depending on the underlying charge that initiated your firearms ban, you may be able to restore your California gun rights by:

  1. having a wobbler felony reduced to a misdemeanor,
  2. obtaining a California Certificate of Rehabilitation and Governor's pardon, or
  3. if you are not eligible for a Certificate of Rehabilitation, obtaining a direct pardon from the Governor.160

As Palm Springs criminal defense attorney Michael Scafiddi161 explains:

"Having a felony reduced to a misdemeanor, obtaining a certificate of rehabilitation, or obtaining a governor's pardon offers some relief if you seek to restore your California gun rights.  But even these tools have restrictions, which is why it's important to consult with a criminal defense lawyer who specializes in California gun laws before trying to acquire firearms following a criminal conviction."

6.2. California Penal Code 667 PC -- California's Three Strikes Law

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California Three Strikes Law isn't relevant to all California gun laws.  But any felony charges in which you personally use a firearm counts as a potential strike.162

If you are subsequently charged with any felony and have a prior "strike" on your record, you will be considered a "second striker," and your sentence will be twice the term otherwise required by law.163

If charged with a third felony, and you have two prior strikes, you will be referred to as a "third striker" and will serve a mandatory minimum sentence of 25 years-to-life in California felony charges.164

6.3. California firearm offenses and immigration

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If you are not a U.S. citizen, a California firearms conviction could additionally result in deportation.165 For more information about how California's gun laws affect aliens, please visit our article on California crimes that lead to deportation.

Call us for help...
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If you or loved one is charged with firearm offenses and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating to Nevada's firearms laws.  For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.166

Legal References:

1 Our California criminal defense attorneys represent clients accused of violating California firearm offenses in Los Angeles, Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

2 Effective January 1, 2012, California weapons laws underwent renumbering.  For a comprehensive comparison of old and new section numbers, see Calguns Foundation wiki, California Penal Code Renumbering.

3 California Penal Code 25605.  (a) Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of theUnited States or legal resident over the age of 18 years who residesor is temporarily within this state, and who is not within theexcepted classes prescribed by Chapter 2 (commencing with Section29800) or Chapter 3 (commencing with Section 29900) of Division 9 ofthis title, or Section 8100 or 8103 of the Welfare and InstitutionsCode, who carries, either openly or concealed, anywhere within thecitizen's or legal resident's place of residence, place of business,or on private property owned or lawfully possessed by the citizen orlegal resident, any handgun.   (b) No permit or license to purchase, own, possess, keep, orcarry, either openly or concealed, shall be required of any citizenof the United States or legal resident over the age of 18 years whoresides or is temporarily within this state, and who is not withinthe excepted classes prescribed by Chapter 2 (commencing with Section29800) or Chapter 3 (commencing with Section 29900) of Division 9 ofthis title, or Section 8100 or 8103 of the Welfare and InstitutionsCode, to purchase, own, possess, keep, or carry, either openly orconcealed, a handgun within the citizen's or legal resident's placeof residence, place of business, or on private property owned orlawfully possessed by the citizen or legal resident.   (c) Nothing in this section shall be construed as affecting theapplication of Sections 25850 to 26055, inclusive.

4 California Penal Code 25610.  (a) Section 25400 shall not be construed to prohibit anycitizen of the United States over the age of 18 years who resides oris temporarily within this state, and who is not prohibited by stateor federal law from possessing, receiving, owning, or purchasing afirearm, from transporting or carrying any pistol, revolver, or otherfirearm capable of being concealed upon the person, provided thatthe following applies to the firearm:   (1) The firearm is within a motor vehicle and it is locked in thevehicle's trunk or in a locked container in the vehicle.   (2) The firearm is carried by the person directly to or from anymotor vehicle for any lawful purpose and, while carrying the firearm,the firearm is contained within a locked container.   (b) The provisions of this section do not prohibit or limit theotherwise lawful carrying or transportation of any pistol, revolver,or other firearm capable of being concealed upon the person inaccordance with the provisions listed in Section 16580.

5 California Penal Code 29800(a)(1) -- Any person who has been convicted of a felony under the laws of the United States, the State of California, or any otherstate, government, or country, or of an offense enumerated insubdivision (a), (b), or (d) of Section 23515, or who is addicted tothe use of any narcotic drug, and who owns, purchases, receives, orhas in possession or under custody or control any firearm is guiltyof a felony...      (b) Notwithstanding subdivision (a), any person who has beenconvicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile courtfor prosecution as an adult in an adult court under Section 707 ofthe Welfare and Institutions Code, and who owns or has in possessionor under custody or control any firearm is guilty of a felony.   (c) Subdivision (a) shall not apply to a person who has beenconvicted of a felony under the laws of the United States unlesseither of the following criteria is satisfied:   (1) Conviction of a like offense under California law can onlyresult in imposition of felony punishment.   (2) The defendant was sentenced to a federal correctional facilityfor more than 30 days, or received a fine of more than one thousanddollars ($1,000), or received both punishments.

6 Same.

7 California Penal Code 29800 (a)(2) --  Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 [California's law against brandishing a weapon] and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

8 California Penal Code 29805 – Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanorviolation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) ofSection 148, Section 171b, paragraph (1) of subdivision (a) ofSection 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or830.95, subdivision (a) of former Section 12100, as that section readat any time from when it was enacted by Section 3 of Chapter 1386 ofthe Statutes of 1988 to when it was repealed by Section 18 ofChapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, orSection 27510, or Section 8100, 8101, or 8103 of the Welfare andInstitutions Code, any firearm-related offense pursuant to Sections871.5 and 1001.5 of the Welfare and Institutions Code, or of theconduct punished in subdivision (c) of Section 27590, and who, within10 years of the conviction, owns, purchases, receives, or has inpossession or under custody or control, any firearm is guilty of apublic offense, which shall be punishable by imprisonment in a countyjail not exceeding one year or in the state prison, by a fine notexceeding one thousand dollars ($1,000), or by both that imprisonmentand fine. The court, on forms prescribed by the Department ofJustice, shall notify the department of persons subject to thissection. However, the prohibition in this section may be reduced,eliminated, or conditioned as provided in Section 29855 or 29860.

9 California Welfare and Institutions Code 8100.

10 California Penal Code 29610 PC -- A minor shall not possess a pistol, revolver, or otherfirearm capable of being concealed upon the person.

11 California Penal Code 30305(a)(1) -- No person prohibited from owning or possessing afirearm under Chapter 2 (commencing with Section 29800) or Chapter 3(commencing with Section 29900) of Division 9 of this title, orSection 8100 or 8103 of the Welfare and Institutions Code, shall own,possess, or have under custody or control, any ammunition orreloaded ammunition.California Penal Code 16150 PC.   (a) As used in Section 30300, "ammunition" means handgun ammunition as defined in Section 16650.   (b) As used in subdivision (a) of Section 30305 and in Section30306, "ammunition" includes, but is not limited to, any bullet,cartridge, magazine, clip, speed loader, autoloader, or projectilecapable of being fired from a firearm with a deadly consequence."Ammunition" does not include blanks.California Penal Code 16650.  (a) As used in this part, "handgun ammunition" meansammunition principally for use in pistols, revolvers, and otherfirearms capable of being concealed upon the person, notwithstandingthat the ammunition may also be used in some rifles.   (b) As used in Section 30312 and in Article 3 (commencing withSection 30345) of Chapter 1 of Division 10 of Title 4, "handgunammunition" does not include either of the following:   (1) Ammunition designed and intended to be used in an antiquefirearm.   (2) Blanks.

12 California Penal Code 30315 PC.  Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily topenetrate metal or armor is guilty of a public offense and uponconviction thereof shall be punished by imprisonment pursuant tosubdivision (h) of Section 1170, or in the county jail for a term notto exceed one year, or by a fine not to exceed five thousand dollars($5,000), or by both that fine and imprisonment.

13 California Penal Code 31615 PC.  (a) No person shall do either of the following:   (1) Purchase or receive any handgun, except an antique firearm,without a valid handgun safety certificate.   (2) Sell, deliver, loan, or transfer any handgun, except anantique firearm, to any person who does not have a valid handgunsafety certificate.   (b) Any person who violates subdivision (a) is guilty of amisdemeanor.   (c) The provisions of this section are cumulative, and shall notbe construed as restricting the application of any other law.However, an act or omission punishable in different ways by differentprovisions of this code shall not be punished under more than oneprovision.California Penal Code 16640.  (a) As used in this part, "handgun" means any pistol,revolver, or firearm capable of being concealed upon the person.   (b) Nothing shall prevent a device defined as a "handgun" fromalso being found to be a short-barreled rifle or a short-barreledshotgun.

14 California Penal Code 26150 PC –   (a) When a person applies for a license to carry a pistol,revolver, or other firearm capable of being concealed upon theperson, the sheriff of a county may issue a license to that personupon proof of all of the following:   (1) The applicant is of good moral character.   (2) Good cause exists for issuance of the license.   (3) The applicant is a resident of the county or a city within thecounty, or the applicant's principal place of employment or businessis in the county or a city within the county and the applicantspends a substantial period of time in that place of employment orbusiness.   (4) The applicant has completed a course of training as describedin Section 26165.   (b) The sheriff may issue a license under subdivision (a) ineither of the following formats:   (1) A license to carry concealed a pistol, revolver, or otherfirearm capable of being concealed upon the person.   (2) Where the population of the county is less than 200,000persons according to the most recent federal decennial census, alicense to carry loaded and exposed in only that county a pistol,revolver, or other firearm capable of being concealed upon theperson.

California Penal Code 26155 PC –  (a) When a person applies for a license to carry a pistol,revolver, or other firearm capable of being concealed upon theperson, the chief or other head of a municipal police department ofany city or city and county may issue a license to that person uponproof of all of the following:   (1) The applicant is of good moral character.   (2) Good cause exists for issuance of the license.   (3) The applicant is a resident of that city.   (4) The applicant has completed a course of training as describedin Section 26165.   (b) The chief or other head of a municipal police department mayissue a license under subdivision (a) in either of the followingformats:   (1) A license to carry concealed a pistol, revolver, or otherfirearm capable of being concealed upon the person.   (2) Where the population of the county in which the city islocated is less than 200,000 persons according to the most recentfederal decennial census, a license to carry loaded and exposed inonly that county a pistol, revolver, or other firearm capable ofbeing concealed upon the person.   (c) Nothing in this chapter shall preclude the chief or other headof a municipal police department of any city from entering anagreement with the sheriff of the county in which the city is locatedfor the sheriff to process all applications for licenses, renewalsof licenses, and amendments to licenses, pursuant to this chapter.

15 See same.

See also California Penal Code 26165 PC –   (a) For new license applicants, the course of training forissuance of a license under Section 26150 or 26155 may be any courseacceptable to the licensing authority, shall not exceed 16 hours, andshall include instruction on at least firearm safety and the lawregarding the permissible use of a firearm.   (b) Notwithstanding subdivision (a), the licensing authority mayrequire a community college course certified by the Commission onPeace Officer Standards and Training, up to a maximum of 24 hours,but only if required uniformly of all license applicants withoutexception.   (c) For license renewal applicants, the course of training may beany course acceptable to the licensing authority, shall be no lessthan four hours, and shall include instruction on at least firearmsafety and the law regarding the permissible use of a firearm. Nocourse of training shall be required for any person certified by thelicensing authority as a trainer for purposes of this section, inorder for that person to renew a license issued pursuant to thisarticle.   (d) The applicant shall not be required to pay for any trainingcourses prior to the determination of good cause being made pursuantto Section 26202.

16 California Penal Code 26700 PC -- As used in this division, and in any other provision listed in Section 16580, "dealer," "licensee," or "person licensed pursuant to Sections 26700 to 26915, inclusive" means a person who satisfiesall of the following requirements:   (a) Has a valid federal firearms license.   (b) Has any regulatory or business license, or licenses, requiredby local government.   (c) Has a valid seller's permit issued by the State Board ofEqualization.   (d) Has a certificate of eligibility issued by the Department ofJustice pursuant to Section 26710.   (e) Has a license issued in the format prescribed by subdivision(c) of Section 26705.   (f) Is among those recorded in the centralized list specified inSection 26715.

17 California Penal Code 26500 PC –  (a) No person shall sell, lease, or transfer firearms unlessthe person has been issued a license pursuant to Article 1(commencing with Section 26700) and Article 2 (commencing withSection 26800) of Chapter 2.   (b) Any person violating this article is guilty of a misdemeanor.

18 California Penal Code 29800 PC.(a) (1) Any person who has been convicted of a felony underthe laws of the United States, the State of California, or any otherstate, government, or country, or of an offense enumerated insubdivision (a), (b), or (d) of Section 23515, or who is addicted tothe use of any narcotic drug, and who owns, purchases, receives, orhas in possession or under custody or control any firearm is guiltyof a felony.   (2) Any person who has two or more convictions for violatingparagraph (2) of subdivision (a) of Section 417 and who owns,purchases, receives, or has in possession or under custody or controlany firearm is guilty of a felony.   (b) Notwithstanding subdivision (a), any person who has beenconvicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile courtfor prosecution as an adult in an adult court under Section 707 ofthe Welfare and Institutions Code, and who owns or has in possessionor under custody or control any firearm is guilty of a felony.   (c) Subdivision (a) shall not apply to a person who has beenconvicted of a felony under the laws of the United States unlesseither of the following criteria is satisfied:   (1) Conviction of a like offense under California law can onlyresult in imposition of felony punishment.   (2) The defendant was sentenced to a federal correctional facilityfor more than 30 days, or received a fine of more than one thousanddollars ($1,000), or received both punishments.

19 18 USC 922(g) -- It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;(2) who is a fugitive from justice;(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;(5) who, being an alien—(A) is illegally or unlawfully in the United States; or(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));(6) who has been discharged from the Armed Forces under dishonorable conditions;(7) who, having been a citizen of the United States, has renounced his citizenship;(8) who is subject to a court order that—(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or(9) who has been convicted in any court of a misdemeanor crime of domestic violence,to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

20 Under California Penal Code 29805, there are about 40 specific misdemeanor convictions that carry a California 10-year firearms ban. These include (but are not limited to):

  • battery;
  • sexual battery;
  • domestic violence;
  • stalking; and
  • criminal threats.

21 See, California Department of Justice – Bureau of Firearms, Firearms Prohibiting Categories.

22 California Penal Code 29820 PC – (a) This section applies to any person who satisfies both ofthe following requirements:   (1) The person is alleged to have committed an offense listed insubdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, anyoffense enumerated in Section 29805, or any offense described inSection 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100.   (2) The person is subsequently adjudged a ward of the juvenilecourt within the meaning of Section 602 of the Welfare andInstitutions Code because the person committed an offense listed insubdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, anyoffense enumerated in Section 29805, or any offense described inSection 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100.   (b) Any person described in subdivision (a) shall not own, or havein possession or under custody or control, any firearm until the ageof 30 years.

23 California Penal Code 25400 replaced former Penal Code sections 12025 and 12031 without substantive change effective January 1, 2012.Penal Code 25400(a) PC provides:A person is guilty of carrying a concealed firearm whenthe person does any of the following:   (1) Carries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capableof being concealed upon the person.   (2) Carries concealed upon the person any pistol, revolver, orother firearm capable of being concealed upon the person.   (3) Causes to be carried concealed within any vehicle in which theperson is an occupant any pistol, revolver, or other firearm capableof being concealed upon the person.

24 There are a variety of jury instructions that are applicable to Penal Code 25400 PC, California's "carrying a concealed firearm" law.  These include CALJIC 2520 (Carrying Concealed Firearm on Person); 2521 (Carrying Concealed Firearm Within Vehicle); and 2522 (Carrying Concealed Firearm: Caused to Be Carried Within Vehicle). Each of these contains at least the following three elements: (1) that the defendant carried a concealed firearm, (2) that the defendant knew of the presence of the firearm, and (3) that the firearm was substantially concealed.

25 California Penal Code 25610 (endnote 4) does not specifically state that weapons carried in locked containers must be unloaded, but the requirement is stated in other sections of the Penal Code.

See, for example, California Penal Code 25635 PC -- Section 25400 does not apply to, or affect, members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges.

See also California Penal Code 25640 PC -- Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

26 California Penal Code 25610 PC, endnote 4, above.Under California Penal Code 16580 PC, a "locked container" means a securecontainer that is fully enclosed and locked by a padlock, keylock,combination lock, or similar locking device. The term "lockedcontainer" does not include the utility or glove compartment of amotor vehicle.

27 See State of California, Department of Justice, Office of the Attorney General, Traveling With Firearms in California.

28 California Penal Code 25400(c)(7) --  Carrying a concealed firearm in violation of this section is punishable as follows: ...(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

29 Same.

30 California Penal Code 17 PC provides, in relevant part: A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

31 California Penal Code 25400(c)(1) --  Carrying a concealed firearm in violation of this section is punishable as follows: ... If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.

32 California Penal Code 25400(c)(2) -- Carrying a concealed firearm in violation of this section is punishable as follows:...If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.

33 California Penal Code 25400(c)(3) Carrying a concealed firearm in violation of this section is punishable as follows:...If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

34 California Penal Code 25400(c)(4) -- Carrying a concealed firearm in violation of this section is punishable as follows: ...(4) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.

35 Same.

36 See California Penal Code 29900(a)(1) -- Notwithstanding subdivision (a) of Section 29800, any person who has been previously convicted of any of the offenses listed in Section 29905 and who owns or has in possession or under custody or control any firearm is guilty of a felony.

See also California Penal Code 29905(a) -- As used in this chapter, a violent offense includes any of the following:
(1) Murder or voluntary manslaughter.

(2) Mayhem.

(3) Rape.

(4) Sodomy by force, violence, duress, menace, or threat of greatbodily harm.

(5) Oral copulation by force, violence, duress, menace, or threatof great bodily harm.

(6) Lewd acts on a child under the age of 14 years.

(7) Any felony punishable by death or imprisonment in the stateprison for life.

(8) Any other felony in which the defendant inflicts great bodilyinjury on any person, other than an accomplice, that has been chargedand proven, or any felony in which the defendant uses a firearmwhich use has been charged and proven.

(9) Attempted murder.

(10) Assault with intent to commit rape or robbery.

(11) Assault with a deadly weapon or instrument on a peaceofficer.

(12) Assault by a life prisoner on a noninmate.

(13) Assault with a deadly weapon by an inmate.

(14) Arson.

(15) Exploding a destructive device or any explosive with intentto injure.

(16) Exploding a destructive device or any explosive causing greatbodily injury.

(17) Exploding a destructive device or any explosive with intentto murder.

(18) Robbery.

(19) Kidnapping.

(20) Taking of a hostage by an inmate of a state prison.

(21) Attempt to commit a felony punishable by death orimprisonment in the state prison for life.

(22) Any felony in which the defendant personally used a dangerousor deadly weapon.

(23) Escape from a state prison by use of force or violence.

(24) Assault with a deadly weapon or force likely to produce greatbodily injury.

(25) Any felony violation of Section 186.22.

(26) Any offense enumerated in subdivision (a), (b), or (d) ofSection 23515.

(27) Carjacking.

(28) Any offense enumerated in subdivision (c) of Section 23515 ifthe person has two or more convictions for violating paragraph (2)of subdivision (a) of Section 417.

(b) As used in this chapter, a violent offense also includes anyattempt to commit a crime listed in subdivision (a) other than anassault.

37 California Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")

See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

38 California Penal Code 25400(c)(5) --  Carrying a concealed firearm in violation of this section is punishable as follows: (c) Carrying a concealed firearm in violation of this section is punishable as follows:   ...(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

39 California Penal Code 25400(c)(6) -- Carrying a concealed firearm in violation of this section is punishable as follows: ...If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

(A) The pistol, revolver, or other firearm capable of beingconcealed upon the person is loaded, or both it and the unexpendedammunition capable of being discharged from it are in the immediatepossession of the person or readily accessible to that person.   (B) The person is not listed with the Department of Justicepursuant to paragraph (1) of subdivision (c) of Section 11106 as theregistered owner of that pistol, revolver, or other firearm capableof being concealed upon the person.

40 California Penal Code 25400(c)(7), endnote 28, above.

41 See California Penal Code 18 PC, endnote 37, above..

42 California Penal Code 25400(d)(2)-- Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.

43 California Penal Code 25400(d) (1) -- Every person convicted under this section who previouslyhas been convicted of a misdemeanor offense enumerated in Section23515 shall be punished by imprisonment in a county jail for at leastthree months and not exceeding six months, or, if granted probation,or if the execution or imposition of sentence is suspended, it shallbe a condition thereof that the person be imprisoned in a countyjail for at least three months.
Penal Code 25400(e) provides an exception for the unusual case in which the interests of justice would be best served by granting probation.

See also California Penal Code 23515 -- As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following:

(a) A violation of paragraph (2) or (3) of subdivision (a) ofSection 245 or a violation of subdivision (d) of Section 245.   (b) A violation of Section 246.   (c) A violation of paragraph (2) of subdivision (a) of Section417.   (d) A violation of subdivision (c) of Section 417.

44 California Penal Code 25700.  (a) The unlawful carrying of any handgun in violation of Section 25400 is a nuisance and is subject to Sections 18000 and 18005.   (b) This section does not apply to any of the following:   (1) Any firearm in the possession of the Department of Fish andGame.   (2) Any firearm that was used in the violation of any provision ofthe Fish and Game Code or any regulation adopted pursuant thereto.   (3) Any firearm that is forfeited pursuant to Section 5008.6 ofthe Public Resources Code.

California Penal Code 18000(a)  -- Any weapon described in Section 19190, 21390, 21590, or 25700, or, upon conviction of the defendant or upon a juvenile court finding that an offense that would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile withthe use of a firearm, any weapon described in Section 29300, shallbe surrendered to one of the following:   (1) The sheriff of a county.   (2) The chief of police or other head of a municipal policedepartment of any city or city and county.   (3) The chief of police of any campus of the University ofCalifornia or the California State University.   (4) The Commissioner of the California Highway Patrol.   (b) For purposes of this section, the Commissioner of theCalifornia Highway Patrol shall receive only weapons that wereconfiscated by a member of the California Highway Patrol.   (c) A finding that the defendant was guilty of the offense but wasinsane at the time the offense was committed is a conviction for thepurposes of this section.

45 California Penal Code 25850(a) -- A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle whilein any public place or on any public street in an incorporated cityor in any public place or on any public street in a prohibited areaof unincorporated territory.

46 California Penal Code 16840(b) -- As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) ofsubdivision (c) of Section 25400, and in Sections 25850 to 26055,inclusive,   (1) A firearm shall be deemed to be "loaded" when there is anunexpended cartridge or shell, consisting of a case that holds acharge of powder and a bullet or shot, in, or attached in any mannerto, the firearm, including, but not limited to, in the firingchamber, magazine, or clip thereof attached to the firearm.   (2) Notwithstanding paragraph (1), a muzzle-loader firearm shallbe deemed to be loaded when it is capped or primed and has a powdercharge and ball or shot in the barrel or cylinder.

47 People v. Taylor (1984) 151 Cal.App.3d 432, 437.  ("The obvious intent of the legislature in each instance is to proscribe aspects of firearm possession to protect society. As has been pointed out, it does not matter the firearm does not work when it is seen by a victim of crime, an innocent bystander or a member of law enforcement. The possession of a firearm under the enumerated circumstances constitutes a threat...A firearm need not be operable to convict under [former California] Penal Code section 12031, subdivision (a).")

48 California Penal Code 16950.  As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed to be carried openlyor exposed if the handgun is not carried concealed within themeaning of Section 25400.

49 California Penal Code 25850, endnote 45, above.See also California Penal Code 26350(a) -- (1) A person is guilty of openly carrying an unloadedhandgun when that person carries upon his or her person an exposedand unloaded handgun outside a vehicle while in or on any of thefollowing:   (A) A public place or public street in an incorporated city orcity and county.   (B) A public street in a prohibited area of an unincorporated areaof a county or city and county.   (C) A public place in a prohibited area of a county or city andcounty.   (2) A person is guilty of openly carrying an unloaded handgun whenthat person carries an exposed and unloaded handgun inside or on avehicle, whether or not on his or her person, while in or on any ofthe following:   (A) A public place or public street in an incorporated city orcity and county.   (B) A public street in a prohibited area of an unincorporated areaof a county or city and county.   (C) A public place in a prohibited area of a county or city andcounty.

50 CALJIC 2530 -- Carrying Loaded Firearm (Pen. Code, § 25850(a)) --The defendant is charged [in Count] with unlawfully carrying a loaded firearm (on (his/her) person/in a vehicle) [in violation of Penal Code section 25850(a)].To prove that the defendant is guilty of this crime, the People must prove that:1 The defendant carried a loaded firearm (on (his/her) person/in a vehicle);2 The defendant knew that (he/she) was carrying a firearm;AND3 At that time, the defendant was in a public place or on a public street in (an incorporated city/in an unincorporated area where it was unlawful to discharge a firearm).]

51 California Penal Code 626.9 PC (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the writtenpermission of the school district superintendent, his or herdesignee, or equivalent school authority, shall be punished asspecified in subdivision (f).

52 California Penal Code 626.9.   ...(b) Any person who possesses a firearm in a place that the personknows, or reasonably should know, is a school zone, as defined inparagraph (1) of subdivision (e), unless it is with the writtenpermission of the school district superintendent, his or herdesignee, or equivalent school authority, shall be punished asspecified in subdivision (f)....(e)(1) "School zone" means an area in, or on the grounds of, a publicor private school providing instruction in kindergarten or grades 1to 12, inclusive, or within a distance of 1,000 feet from the groundsof the public or private school.

53 California Penal Code 626.9(d) -- Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).

54 California Penal Code 626.9...(h)--  Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, orbuildings owned or operated for student housing, teaching, research,or administration by, a public or private university or college, thatare contiguous or are clearly marked university property, unless itis with the written permission of the university or collegepresident, his or her designee, or equivalent university or collegeauthority, shall be punished by imprisonment pursuant to subdivision(h) of Section 1170 for two, three, or four years...   (i) Notwithstanding Section 25605, any person who brings orpossesses a firearm upon the grounds of a campus of, or buildingsowned or operated for student housing, teaching, research, oradministration by, a public or private university or college, thatare contiguous or are clearly marked university property, unless itis with the written permission of the university or collegepresident, his or her designee, or equivalent university or collegeauthority, shall be punished by imprisonment pursuant to subdivision(h) of Section 1170 for one, two, or three years...

55 For specific sentences, see California Penal Code 626.9(f).

56 California Penal Code 16590(f).California Penal Code 16320.   (a) As used in this part, "camouflaging firearm container"means a container that meets all of the following criteria:   (1) It is designed and intended to enclose a firearm.   (2) It is designed and intended to allow the firing of theenclosed firearm by external controls while the firearm is in thecontainer.   (3) It is not readily recognizable as containing a firearm.   (b) "Camouflaging firearm container" does not include anycamouflaging covering used while engaged in lawful hunting or whilegoing to or returning from a lawful hunting expedition.

57 California Penal Code 16590(g).

California Penal Code 16330.  As used in this part, "cane gun" means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein.

58 California Penal Code 16590(k).

59 California Penal Code 16590(l).

See also:

California Penal Code 16740.  As used in this part, "large-capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

(a) A feeding device that has been permanently altered so that itcannot accommodate more than 10 rounds.   (b) A .22 caliber tube ammunition feeding device.   (c) A tubular magazine that is contained in a lever-actionfirearm; and

California Penal Code 32315 PC. Upon a showing that good cause exists, the Department of Justice may issue permits for the possession, transportation, or salebetween a person licensed pursuant to Sections 26700 to 26915,inclusive, and an out-of-state client, of large-capacity magazines.

60 California Penal Code 16590(q).

See also California Penal Code 16930 PC.  As used in this part, a "multiburst trigger activator" meanseither of the following:   (a) A device designed or redesigned to be attached to asemiautomatic firearm, which allows the firearm to discharge two ormore shots in a burst by activating the device.   (b) A manual or power-driven trigger activating device constructedand designed so that when attached to a semiautomatic firearm itincreases the rate of fire of that firearm.

61 California Penal Code 16590(t).

See also:

California Penal Code 17170 PC.  As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1(commencing with Section 33210) of Chapter 8 of Division 10 of Title4, "short-barreled rifle" means any of the following:   (a) A rifle having a barrel or barrels of less than 16 inches inlength.   (b) A rifle with an overall length of less than 26 inches.   (c) Any weapon made from a rifle (whether by alteration,modification, or otherwise) if that weapon, as modified, has anoverall length of less than 26 inches or a barrel or barrels of lessthan 16 inches in length.   (d) Any device that may be readily restored to fire a fixedcartridge which, when so restored, is a device defined insubdivisions (a) to (c), inclusive.   (e) Any part, or combination of parts, designed and intended toconvert a device into a device defined in subdivisions (a) to (c),inclusive, or any combination of parts from which a device defined insubdivisions (a) to (c), inclusive, may be readily assembled ifthose parts are in the possession or under the control of the sameperson.

California Penal Code 17180 PC.  As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1(commencing with Section 33210) of Chapter 8 of Division 10 of Title4, "short-barreled shotgun" means any of the following:   (a) A firearm that is designed or redesigned to fire a fixedshotgun shell and has a barrel or barrels of less than 18 inches inlength.   (b) A firearm that has an overall length of less than 26 inchesand that is designed or redesigned to fire a fixed shotgun shell.   (c) Any weapon made from a shotgun (whether by alteration,modification, or otherwise) if that weapon, as modified, has anoverall length of less than 26 inches or a barrel or barrels of lessthan 18 inches in length.   (d) Any device that may be readily restored to fire a fixedshotgun shell which, when so restored, is a device defined insubdivisions (a) to (c), inclusive.   (e) Any part, or combination of parts, designed and intended toconvert a device into a device defined in subdivisions (a) to (c),inclusive, or any combination of parts from which a device defined insubdivisions (a) to (c), inclusive, can be readily assembled ifthose parts are in the possession or under the control of the sameperson.

California Penal Code 33215 PC.  Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to bemanufactured, imports into the state, keeps for sale, or offers orexposes for sale, or who gives, lends, or possesses anyshort-barreled rifle or short-barreled shotgun is punishable byimprisonment in a county jail not exceeding one year or imprisonmentpursuant to subdivision (h) of Section 1170.Note that:California Penal Code 33220 states an exception for possession of short-barreled rifles and short-barreled shotguns by law enforcement and the military.California Penal Code 33225 states an exception for people with a permit to carry a short-barreled rifle or short-barreled shotgun.

62 California Penal Code 17270 PC.  As used in this part, an "unconventional pistol" means a firearm with both of the following characteristics:   (a) It does not have a rifled bore.   (b) It has a barrel or barrels of less than 18 inches in length orhas an overall length of less than 26 inches.

63 California Penal Code 16590(w).

California Penal Code 17280 PC.  As used in this part, "undetectable firearm" means any weapon that meets either of the following requirements:   (a) After removal of grips, stocks, and magazines, the weapon isnot as detectable as the Security Exemplar, by a walk-through metaldetector calibrated and operated to detect the Security Exemplar.   (b) Any major component of the weapon, as defined in Section 922of Title 18 of the United States Code, when subjected to inspectionby the types of X-ray machines commonly used at airports, does notgenerate an image that accurately depicts the shape of the component.Barium sulfate or other compounds may be used in the fabrication ofthe component.

64 California Penal Code 16590 (x)California Penal Code 17330 PC.  As used in this part, "wallet gun" means any firearm mountedor enclosed in a case, resembling a wallet, designed to be orcapable of being carried in a pocket or purse, if the firearm may befired while mounted or enclosed in the case.

65 California Penal Code 16590(z).California Penal Code 17360 PC.  As used in this part, "zip gun" means any weapon or device that meets all of the following criteria:   (a) It was not imported as a firearm by an importer licensedpursuant to Chapter 44 (commencing with Section 921) of Title 18 ofthe United States Code and the regulations issued pursuant thereto.   (b) It was not originally designed to be a firearm by amanufacturer licensed pursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code and the regulationsissued pursuant thereto.   (c) No tax was paid on the weapon or device nor was an exemptionfrom paying tax on that weapon or device granted under Section 4181and Subchapters F (commencing with Section 4216) and G (commencingwith Section 4221) of Chapter 32 of Title 26 of the United StatesCode, as amended, and the regulations issued pursuant thereto.   (d) It is made or altered to expel a projectile by the force of anexplosion or other form of combustion.

66 The relevant charging statutes are:

  • camouflaging firearm container: California Penal Code 24310 PC;
  • cane gun: California Penal Code 24410 PC;
  • firearm not immediately recognizable as a firearm: Penal Code 24510 PC;
  • large-capacity magazine: California Penal Code 32310 PC;
  • multiburst trigger activator: California Penal Code 32900 PC;
  • short-barreled rifle or short-barreled shotgun: California Penal Code 33215 PC;
  • unconventional pistol:  California Penal Code 31500 PC;
  • undetectable firearm: California Penal Code 24610 PC
  • wallet gun: California Penal Code 24710 PC; and
  • zip gun: California Penal Code 33600.

67 California Penal Code 30600 PC.  (a) Any person who, within this state, manufactures orcauses to be manufactured, distributes, transports, or imports intothe state, keeps for sale, or offers or exposes for sale, or whogives or lends any assault weapon or any .50 BMG rifle, except asprovided by this chapter, is guilty of a felony, and upon convictionshall be punished by imprisonment pursuant to subdivision (h) ofSection 1170 for four, six, or eight years.   (b) In addition and consecutive to the punishment imposed undersubdivision (a), any person who transfers, lends, sells, or gives anyassault weapon or any .50 BMG rifle to a minor in violation ofsubdivision (a) shall receive an enhancement of imprisonment pursuantto subdivision (h) of Section 1170 of one year.   (c) Except in the case of a first violation involving not morethan two firearms as provided in Sections 30605 and 30610, forpurposes of this article, if more than one assault weapon or .50 BMGrifle is involved in any violation of this article, there shall be adistinct and separate offense for each.

68 California Penal Code 30525 PC.  As used in this part, ".50 BMG cartridge" means a cartridgethat is designed and intended to be fired from a center fire rifleand that meets all of the following criteria:   (a) It has an overall length of 5.54 inches from the base to thetip of the bullet.   (b) The bullet diameter for the cartridge is from .510 to, andincluding, .511 inch.   (c) The case base diameter for the cartridge is from .800 inch to,and including, .804 inch.   (d) The cartridge case length is 3.91 inches.California Penal Code 30530 PC.  (a) As used in this part, ".50 BMG rifle" means a centerfire rifle that can fire a .50 BMG cartridge and is not already anassault weapon or a machinegun.   (b) A ".50 BMG rifle" does not include any antique firearm, norany curio or relic as defined in Section 478.11 of Title 27 of theCode of Federal Regulations.

69 California Penal Code  31005 PC.  (a) The Department of Justice may, upon a finding of goodcause, issue permits for the manufacture or sale of assault weaponsor .50 BMG rifles for the sale to, purchase by, or possession ofassault weapons or .50 BMG rifles by, any of the following:   (1) The agencies listed in Section 30625, and the officersdescribed in Section 30630.   (2) Entities and persons who have been issued permits pursuant tothis section or Section 31000.   (3) Federal law enforcement and military agencies.   (4) Law enforcement and military agencies of other states.   (5) Foreign governments and agencies approved by the United StatesState Department.   (6) Entities outside the state who have, in effect, a federalfirearms dealer's license solely for the purpose of distribution toan entity listed in paragraphs (3) to (5), inclusive.   (b) Application for the permits, the keeping and inspectionthereof, and the revocation of permits shall be undertaken in thesame manner as specified in Article 3 (commencing with Section 32650)of Chapter 6.

70 CALCRIM 875.

71 California Penal Code 30510 PC.  As used in this chapter and in Sections 16780, 17000, and 27555, "assault weapon" means the following designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the modelsidentified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared to be an assault weapon by the courtpursuant to former Section 12276.5, as it read in Section 3 ofChapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of theStatutes of 1990, or Section 3 of Chapter 954 of the Statutes of1991, which is specified as an assault weapon in a list promulgatedpursuant to former Section 12276.5, as it read in Section 3 ofChapter 954 of the Statutes of 1991.
(e) This section is declaratory of existing law and aclarification of the law and the Legislature's intent which bans theweapons enumerated in this section, the weapons included in the listpromulgated by the Attorney General pursuant to former Section12276.5, as it read in Section 3 of Chapter 954 of the Statutes of1991, and any other models that are only variations of those weaponswith minor differences, regardless of the manufacturer. TheLegislature has defined assault weapons as the types, series, andmodels listed in this section because it was the most effective wayto identify and restrict a specific class of semiautomatic weapons.
(f) As used in this section, "series" includes all other modelsthat are only variations, with minor differences, of those modelslisted in subdivision (a), regardless of the manufacturer.

See also California Penal Code 30515 PC.  (a) Notwithstanding Section 30510, "assault weapon" also means any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity toaccept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the actionof the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazinewith the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall lengthof less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept adetachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completelyencircles, the barrel that allows the bearer to fire the weaponwithout burning the bearer's hand, except a slide that encloses thebarrel.
(D) The capacity to accept a detachable magazine at some locationoutside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has thecapacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the actionof the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept adetachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) The Legislature finds a significant public purpose inexempting from the definition of "assault weapon" pistols that aredesigned expressly for use in Olympic target shooting events.Therefore, those pistols that are sanctioned by the InternationalOlympic Committee and by USA Shooting, the national governing bodyfor international shooting competition in the United States, and thatwere used for Olympic target shooting purposes as of January 1,2001, and that would otherwise fall within the definition of "assaultweapon" pursuant to this section are exempt, as provided insubdivision (c).
(c) "Assault weapon" does not include either of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent withthe significant public purpose expressed in subdivision (b):

MANUFACTURER        MODEL           CALIBER
BENELLI             MP90            .22LR
BENELLI             MP90            .32 S&W LONG
BENELLI             MP95            .22LR
BENELLI             MP95            .32 S&W LONG
HAMMERLI            280             .22LR
HAMMERLI            280             .32 S&W LONG
HAMMERLI            SP20            .22LR
HAMMERLI            SP20            .32 S&W LONG
PARDINI             GPO             .22 SHORT
PARDINI             GP-SCHUMANN     .22 SHORT
PARDINI             HP              .32 S&W LONG
PARDINI             MP              .32 S&W LONG
PARDINI             SP              .22LR
PARDINI             SPE             .22LR
WALTHER             GSP             .22LR
WALTHER             GSP             .32 S&W LONG
WALTHER             OSP             .22 SHORT
WALTHER             OSP-2000        .22 SHORT

72 Same.

73 California Penal Code  30605(a) -- Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished byimprisonment in a county jail for a period not exceeding one year, orby imprisonment pursuant to subdivision (h) of Section 1170.

74 California Penal Code  30610(a) -- Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by afine of one thousand dollars ($1,000), imprisonment in a county jailfor a period not to exceed one year, or by both that fine andimprisonment.

75 California Penal Code 30600 PC.  (a) Any person who, within this state, manufactures orcauses to be manufactured, distributes, transports, or imports intothe state, keeps for sale, or offers or exposes for sale, or whogives or lends any assault weapon or any .50 BMG rifle, except asprovided by this chapter, is guilty of a felony, and upon convictionshall be punished by imprisonment pursuant to subdivision (h) ofSection 1170 for four, six, or eight years.

76 Same.

77 California Penal Code (b) -- In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives anyassault weapon or any .50 BMG rifle to a minor in violation ofsubdivision (a) shall receive an enhancement of imprisonment pursuantto subdivision (h) of Section 1170 of one year.

78 California Penal Code 30315 PC.  Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily topenetrate metal or armor is guilty of a public offense and uponconviction thereof shall be punished by imprisonment pursuant tosubdivision (h) of Section 1170, or in the county jail for a term notto exceed one year, or by a fine not to exceed five thousand dollars($5,000), or by both that fine and imprisonment.

79 Same.

80 California Penal Code 33410 PC.  Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon convictionthereof shall be punished by imprisonment pursuant to subdivision (h)of Section 1170 or by a fine not to exceed ten thousand dollars($10,000), or by both that fine and imprisonment.

81 Same.

82 California Penal Code 244.5 PC.
(a) As used in this section, "stun gun" means any item,except a less lethal weapon, as defined in Section 16780, used orintended to be used as either an offensive or defensive weapon thatis capable of temporarily immobilizing a person by the infliction ofan electrical charge.
(b) Every person who commits an assault upon the person of anotherwith a stun gun or less lethal weapon, as defined in Section 16780,shall be punished by imprisonment in a county jail for a term notexceeding one year, or by imprisonment pursuant to subdivision (h) ofSection 1170 for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peaceofficer or firefighter with a stun gun or less lethal weapon, asdefined in Section 16780, who knows or reasonably should know thatthe person is a peace officer or firefighter engaged in theperformance of his or her duties, when the peace officer orfirefighter is engaged in the performance of his or her duties, shallbe punished by imprisonment in the county jail for a term notexceeding one year, or by imprisonment pursuant to subdivision (h) ofSection 1170 for two, three, or four years.
(d) This section shall not be construed to preclude or in any waylimit the applicability of Section 245 in any criminal prosecution.

83 California Penal Code 22610 PC.  Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements:   (a) No person convicted of a felony or any crime involving anassault under the laws of the United States, the State of California,or any other state, government, or country, or convicted of misuseof a stun gun under Section 244.5, shall purchase, possess, or useany stun gun.
(b) No person addicted to any narcotic drug shall purchase,possess, or use a stun gun.
(c) (1) No person shall sell or furnish any stun gun to a minorunless the minor is at least 16 years of age and has the writtenconsent of the minor's parent or legal guardian.
(2) Violation of this subdivision shall be a public offensepunishable by a fifty-dollar ($50) fine for the first offense. Anysubsequent violation of this subdivision is a misdemeanor.
(d) No minor shall possess any stun gun unless the minor is atleast 16 years of age and has the written consent of the minor'sparent or legal guardian.

84 California Penal Code 417.25(a)-- Every person who, except in self-defense, aims orpoints a laser scope, as defined in subdivision (b), or a laserpointer, as defined in subdivision (c), at another person in athreatening manner with the specific intent to cause a reasonableperson fear of bodily harm is guilty of a misdemeanor, punishable byimprisonment in a county jail for up to 30 days. For purposes of thissection, the laser scope need not be attached to a firearm.

85 California Penal Code  417.25(b) -- As used in this section, "laser scope" means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance.

86 California Penal Code 417.25(c)-- As used in this section, "laser pointer" means any hand held laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye.

87 California Penal Code 417.26(a) -- Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as definedin subdivision (c) of that section, at a peace officer with thespecific intent to cause the officer apprehension or fear of bodilyharm and who knows or reasonably should know that the person at whomhe or she is aiming or pointing is a peace officer, is guilty of amisdemeanor punishable by imprisonment in a county jail for a termnot exceeding six months.

88 Same.

89 California Penal Code 417.26(b) -- Any person who commits a second or subsequent violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year.

90 California Penal Code 417 -- Drawing, exhibiting, or using firearm or deadly weapon; self defense; peace officers.  ("(a)(1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days. (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.")

91 People v. Norton (1978) 80 Cal.App.3d Supp. 14, 26. ("In a prosecution under Penal Code section 417  subdivision (a), the prohibited use of the firearm or deadly weapon is defined by statute. It is not necessary to show that the possessor intended to inflict injury on a victim. Once it is shown that the weapon is exhibited in a rude, angry and threatening manner, the [California firearm] offense is complete.")

See also People v. McKinzie (1986) 179 Cal.App.3d 789, 794.  ("We have found other cases which, although failing to consciously enunciate all elements of a Penal Code section 417, subdivision (a)(2) violation, clearly indicate that the victim's awareness of the weapon that is "in her presence" is not one of them.")

92 California Penal Code 417(a)(2)-- Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner... is punishable as follows:   (A) If the violation occurs in a public place and the firearm is apistol, revolver, or other firearm capable of being concealed uponthe person, by imprisonment in a county jail for not less than threemonths and not more than one year, by a fine not to exceed onethousand dollars ($1,000), or by both that fine and imprisonment.

93 California Penal Code 417(a)(2 (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.

94 California Penal Code 417.4 PC.  Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of amisdemeanor punishable by imprisonment in a county jail for a term ofnot less than 30 days.

95 California Penal Code 417 (2)(b) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in a rude,angry, or threatening manner, or who, in any manner, unlawfully usesany loaded firearm in any fight or quarrel upon the grounds of anyday care center, as defined in Section 1596.76 of the Health andSafety Code, or any facility where programs, including day careprograms or recreational programs, are being conducted for personsunder 18 years of age, including programs conducted by a nonprofitorganization, during the hours in which the center or facility isopen for use, shall be punished by imprisonment in the state prisonfor 16 months, or two or three years, or by imprisonment in a countyjail for not less than three months, nor more than one year.

96 California Penal Code 417 (2)(c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded,in a rude, angry, or threatening manner, and who knows, or reasonablyshould know, by the officer's uniformed appearance or other actionof identification by the officer, that he or she is a peace officerengaged in the performance of his or her duties, and that peaceofficer is engaged in the performance of his or her duties, shall bepunished by imprisonment in a county jail for not less than ninemonths and not to exceed one year, or in the state prison for 16months, or two or three years.

97 California Penal Code 417.3 PC.  Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person insuch a way as to cause a reasonable person apprehension or fear ofbodily harm is guilty of a felony punishable by imprisonment pursuantto subdivision (h) of Section 1170 for 16 months or two or threeyears or by imprisonment for 16 months or two or three years and athree thousand dollar ($3,000) fine.   Nothing in this section shall preclude or prohibit prosecutionunder any other statute.

98 Same.

99 California Penal Code 417.8 PC.  Every person who draws or exhibits any firearm, whetherloaded or unloaded, or other deadly weapon, with the intent to resistor prevent the arrest or detention of himself or another by a peaceofficer shall be imprisoned in the state prison for two, three, orfour years.

100 California Penal Code 417.6(b)-- As used in this section, "serious bodily injury" means a serious impairment of physical condition, including, but not limitedto, the following: loss of consciousness; concussion; bone fracture;protracted loss or impairment of function of any bodily member ororgan; a wound requiring extensive suturing; and seriousdisfigurement.

101 California Penal Code 417.6(c) -- When a person is convicted of a violation of Section 417 or 417.8 and the deadly weapon or firearm used by the person is owned by that person, the court shall order that the weapon or firearm be deemed a nuisance and disposed of in the manner provided by Sections 18000 and 18005.

See also California Penal Code 246.1(a) ...upon the conviction of any person found guilty of ... the unlawful discharge or brandishing of a firearm from or at an occupied vehicle where the victim was killed, attacked, orassaulted from or in a motor vehicle by the use of a firearm on apublic street or highway, or the unlawful possession of a firearm bya member of a criminal street gang, as defined in subdivision (f) ofSection 186.22, while present in a vehicle the court shall order avehicle used in the commission of that offense sold.

102 California Penal Code 26100 PC.  (a) It is a misdemeanor for a driver of any motor vehicle orthe owner of any motor vehicle, whether or not the owner of thevehicle is occupying the vehicle, knowingly to permit any otherperson to carry into or bring into the vehicle a firearm in violationof Section 25850 of this code or Section 2006 of the Fish and GameCode.   (b) Any driver or owner of any vehicle, whether or not the ownerof the vehicle is occupying the vehicle, who knowingly permits anyother person to discharge any firearm from the vehicle is punishableby imprisonment in the county jail for not more than one year or instate prison for 16 months or two or three years.   (c) Any person who willfully and maliciously discharges a firearmfrom a motor vehicle at another person other than an occupant of amotor vehicle is guilty of a felony punishable by imprisonment instate prison for three, five, or seven years.   (d) Except as provided in Section 3002 of the Fish and Game Code,any person who willfully and maliciously discharges a firearm from amotor vehicle is guilty of a public offense punishable byimprisonment in the county jail for not more than one year or in thestate prison.

103 Although there is nothing in the code that specifically addresses this issue, it is addressed in People v. Bostick as applied to Penal Code 12022.55 PC [now Penal Code 26100], the California "drive-by shooting" sentencing enhancement that uses the same language. People v. Bostick (1996) 46 Cal.App.4th 287, 291.  ("[The statute] is plain on its face that all that is required is that death or great bodily injury be inflicted "as a result of discharging a firearm from a motor vehicle.")

104 California Penal Code 26100(a) , endnote 96, above.

105 California Penal Code 26100(b), endnote 96, above.

106 Same.

107 California Penal Code 26100(d), endnote 96, above.

108 Same.

109 California Penal Code 26100(c), endnote 96, above.

110 California Penal Code 240 PC.  An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

111 See also People v. Griggs (1989) 216 Cal.App.3d 734, 265 Cal.Rptr. 53 ("The law is seeking to punish the reckless disregard of human life, and what needs to be shown is that a human life was threatened in the manner proscribed in sections 245 and 240.").

112 Same. ("Public policy would be offended to allow a defendant to fire a gun in the direction of a human being under these circumstances and not be punished for an assault with a deadly weapon.").

113 California Penal Code 245(a)(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

114 California Penal Code 245(b) -- Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

115 See, e.g., CALCRIM 860 and 875.

116 California Penal Code 245(d)(2) -- Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer orfirefighter engaged in the performance of his or her duties, when thepeace officer or firefighter is engaged in the performance of his orher duties, shall be punished by imprisonment in the state prisonfor five, seven, or nine years.

117 California Penal Code 245(d)(3)-- Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,upon the person of a peace officer or firefighter, and who knows orreasonably should know that the victim is a peace officer orfirefighter engaged in the performance of his or her duties, shall bepunished by imprisonment in the state prison for 6, 9, or 12 years.

118 California Penal Code 245(d)(1) -- Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighterengaged in the performance of his or her duties, when the peaceofficer or firefighter is engaged in the performance of his or herduties, shall be punished by imprisonment in the state prison forfour, six, or eight years.

119 California Penal Code 245(e) -- When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, thecourt shall order that the weapon or instrument or firearm be deemeda nuisance, and it shall be confiscated and disposed of in the mannerprovided by Sections 18000 and 18005.

120 California Penal Code 245.5(b) -- Every person who commits an assault with a firearm upon the person of a school employee, and who knows or reasonably should knowthat the victim is a school employee engaged in the performance ofhis or her duties, when the school employee is engaged in theperformance of his or her duties, shall be punished by imprisonmentin the state prison for four, six, or eight years, or in a countyjail for not less than six months and not exceeding one year.

121 California Penal Code 245.5 (c) Every person who commits an assault upon the person of a school employee with a stun gun or taser, and who knows or reasonably should know that the person is a school employee engaged in theperformance of his or her duties, when the school employee is engagedin the performance of his or her duties, shall be punished byimprisonment in a county jail for a term not exceeding one year or byimprisonment in the state prison for two, three, or four years.

122 California Penal Code 246 PC -- 246.  Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupiedmotor vehicle, occupied aircraft, inhabited housecar, as defined inSection 362 of the Vehicle Code, or inhabited camper, as defined inSection 243 of the Vehicle Code, is guilty of a felony, and uponconviction shall be punished by imprisonment in the state prison forthree, five, or seven years, or by imprisonment in the county jailfor a term of not less than six months and not exceeding one year.   As used in this section, "inhabited" means currently being usedfor dwelling purposes, whether occupied or not.

123 See same.

124 CALJIC 9.03 -- Shooting at an inhabited dwelling.  ("Shooting at a particular object is not limited to shooting directly "at" that object. It also includes shooting in such close proximity to the target that a probable consequence of the shooting is that one or more bullets either will strike the target or persons in or around it, and the shooter acted with a conscious disregard for this probable consequence.")

See also People v. Overman (2005) 126 Cal.App.4th 1344, 1355.  ("As we explain, [California Penal Code] section 246 is not limited to shooting directly at an inhabited or occupied target. Rather, it [this California firearm offense] proscribes shooting either directly at or in close proximity to an inhabited or occupied target under circumstances showing a conscious disregard for the probability that one or more bullets will strike the target or persons in or around it.")

125 People v. Blackburn (1999) 72 Cal.App.4th 1520, 1531.  ("The offense of shooting at an occupied motor vehicle can be committed without personally using a firearm - e.g., when the defendant has aided and abetted the shooter. ( People v. Piper, supra, 42 Cal.3d at pp. 475-476, 229 Cal.Rptr. 125, 722 P.2d 899.)")

126 California Penal Code 247 PC.
(a) Any person who willfully and maliciously discharges afirearm at an unoccupied aircraft is guilty of a felony.
(b) Any person who discharges a firearm at an unoccupied motorvehicle or an uninhabited building or dwelling house is guilty of apublic offense punishable by imprisonment in the county jail for notmore than one year or in the state prison. This subdivision does notapply to shooting at an abandoned vehicle, unoccupied vehicle,uninhabited building, or dwelling house with the permission of theowner.
As used in this section and Section 246 "aircraft" means anycontrivance intended for and capable of transporting persons throughthe airspace.

127 Same.

128 California Penal Code 247.5 PC.  Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, isguilty of a violation of this section, which shall be punishable aseither a misdemeanor by imprisonment in the county jail for not morethan one year or by a fine of one thousand dollars ($1,000), or afelony by imprisonment pursuant to subdivision (h) of Section 1170for 16 months, two years, or three years, or by a fine of twothousand dollars ($2,000). This section does not apply to the conductof laser development activity by or on behalf of the United StatesArmed Forces.
As used in this section, "aircraft" means any contrivance intendedfor and capable of transporting persons through the airspace.   As used in this section, "laser" means a device that utilizes thenatural oscillations of atoms or molecules between energy levels forgenerating coherent electromagnetic radiation in the ultraviolet,visible, or infrared region of the spectrum, and when dischargedexceeds one milliwatt continuous wave.

129 California Penal Code 246.3(a) -- Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner whichcould result in injury or death to a person is guilty of a publicoffense and shall be punished by imprisonment in a county jail notexceeding one year, or by imprisonment pursuant to subdivision (h) ofSection 1170.

130 California Penal Code 246.3(c) -- As used in this section, "BB device" means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action.

131 Same.

132 California Penal Code 246.3(b) -- Except as otherwise authorized by law, any person whowillfully discharges a BB device in a grossly negligent manner whichcould result in injury or death to a person is guilty of a publicoffense and shall be punished by imprisonment in a county jail notexceeding one year.

133 California Penal Code 12022 PC.
(a)(1) Except as provided in subdivisions (c) and (d), any person who is armed with a firearm in the commission of a felony orattempted felony shall be punished by an additional and consecutiveterm of imprisonment pursuant to subdivision (h) of Section 1170 forone year, unless the arming is an element of that offense. Thisadditional term shall apply to any person who is a principal in thecommission of a felony or attempted felony if one or more of theprincipals is armed with a firearm, whether or not the person ispersonally armed with a firearm.
2) Except as provided in subdivision (c), and notwithstandingsubdivision (d), if the firearm is an assault weapon, as defined inSection 30510 or Section 30515, or a machinegun, as defined inSection 16880, or a .50 BMG rifle, as defined in Section 30530, theadditional and consecutive term described in this subdivision shallbe three years imprisonment pursuant to subdivision (h) of Section1170 whether or not the arming is an element of the offense of whichthe person was convicted. The additional term provided in thisparagraph shall apply to any person who is a principal in thecommission of a felony or attempted felony if one or more of theprincipals is armed with an assault weapon or machinegun, or a .50BMG rifle, whether or not the person is personally armed with anassault weapon or machinegun, or a .50 BMG rifle.
(b) (1) Any person who personally uses a deadly or dangerousweapon in the commission of a felony or attempted felony shall bepunished by an additional and consecutive term of imprisonmentpursuant in the state prison for one year, unless use of a deadly ordangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted ofcarjacking or attempted carjacking, the additional term shall be inthe state prison for one, two, or three years.
(3) When a person is found to have personally used a deadly ordangerous weapon in the commission of a felony or attempted felony asprovided in this subdivision and the weapon is owned by that person,the court shall order that the weapon be deemed a nuisance anddisposed of in the manner provided in Sections 18000 and 18005.
(c) Notwithstanding the enhancement set forth in subdivision (a),any person who is personally armed with a firearm in the commissionof a violation or attempted violation of Section 11351, 11351.5,11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6of the Health and Safety Code, shall be punished by an additional andconsecutive term of imprisonment pursuant to subdivision (h) ofSection 1170 for three, four, or five years.
(d) Notwithstanding the enhancement set forth in subdivision (a),any person who is not personally armed with a firearm who, knowingthat another principal is personally armed with a firearm, is aprincipal in the commission of an offense or attempted offensespecified in subdivision (c), shall be punished by an additional andconsecutive term of imprisonment pursuant to subdivision (h) ofSection 1170 for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1,the enhancements under this section shall count as one, singleenhancement.
(f) Notwithstanding any other provision of law, the court maystrike the additional punishment for the enhancements provided insubdivision (c) or (d) in an unusual case where the interests ofjustice would best be served, if the court specifies on the recordand enters into the minutes the circumstances indicating that theinterests of justice would best be served by that disposition.

See also  California Penal Code 2022.5 PC.  (a) Except as provided in subdivision (b), any person whopersonally uses a firearm in the commission of a felony or attemptedfelony shall be punished by an additional and consecutive term ofimprisonment in the state prison for 3, 4, or 10 years, unless use ofa firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personallyuses an assault weapon, as specified in Section 30510 or Section30515, or a machinegun, as defined in Section 16880, in thecommission of a felony or attempted felony, shall be punished by anadditional and consecutive term of imprisonment in the state prisonfor 5, 6, or 10 years.
(c) Notwithstanding Section 1385 or any other provisions of law,the court shall not strike an allegation under this section or afinding bringing a person within the provisions of this section.
(d) Notwithstanding the limitation in subdivision (a) relating tobeing an element of the offense, the additional term provided by thissection shall be imposed for any violation of Section 245 if afirearm is used, or for murder if the killing is perpetrated by meansof shooting a firearm from a motor vehicle, intentionally at anotherperson outside of the vehicle with the intent to inflict greatbodily injury or death.
(e) When a person is found to have personally used a firearm, anassault weapon, a machinegun, or a .50 BMG rifle, in the commissionof a felony or attempted felony as provided in this section and thefirearm, assault weapon, machinegun, or a .50 BMG rifle, is owned bythat person, the court shall order that the firearm be deemed anuisance and disposed of in the manner provided in Sections 18000 and18005.
(f) For purposes of imposing an enhancement under Section 1170.1,the enhancements under this section shall count as one, singleenhancement.

134 See California Penal Codes 12022 and 12022.5 PC.

135 California Penal Code 17320 PC.  For purposes of Section 31360 only, "violent felony" refers to the specific crimes listed in subdivision (c) of Section 667.5,and to crimes defined under the applicable laws of the United States
or any other state, government, or country that are reasonablyequivalent to the crimes listed in subdivision (c) of Section 667.5.

136California Penal Code 12022.53 PC -- California's "10-20-life 'use a gun and you're done'" law.

137 California Penal Code 12022.53(a)-- This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specifiedfelony).
(7) Subdivision (d) of Section 245 (assault with a firearm on apeace officer or firefighter).
(8) Section 261 or 262 (rape).
(9) Section 264.1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (sexual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the stateprison for life.
(18) Any attempt to commit a crime listed in this subdivisionother than an assault.

138 California Penal Code 12022.53 (b) Notwithstanding any other provision of law, any person who, inthe commission of a felony specified in subdivision (a), personallyuses a firearm, shall be punished by an additional and consecutiveterm of imprisonment in the state prison for 10 years. The firearmneed not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other provision of law, any person who, inthe commission of a felony specified in subdivision (a), personallyand intentionally discharges a firearm, shall be punished by anadditional and consecutive term of imprisonment in the state prisonfor 20 years.
(d) Notwithstanding any other provision of law, any person who, inthe commission of a felony specified in subdivision (a), Section246, or subdivision (c) or (d) of Section 26100, personally andintentionally discharges a firearm and proximately causes greatbodily injury, as defined in Section 12022.7, or death, to any personother than an accomplice, shall be punished by an additional andconsecutive term of imprisonment in the state prison for 25 years tolife.

139 California Penal Code 186.22 PC -- California's criminal street gang enhancement.

140 California Penal Code 12022.2(d) -- This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2014, deletes or extendsthat date.

141 California Penal Code 12022.2(a) Any person who, while armed with a firearm in thecommission or attempted commission of any felony, has in his or herimmediate possession ammunition for the firearm designed primarily topenetrate metal or armor, shall upon conviction of that felony orattempted felony, in addition and consecutive to the punishmentprescribed for the felony or attempted felony, be punished by anadditional term of 3, 4, or 10 years. The court shall select thesentence enhancement which, in the court's discretion, best servesthe interests of justice and shall state the reasons for its choiceon the record at the time of the sentence in accordance with theprovisions of subdivision (d) of Section 1170.1.

142 California Penal Code 12022.2PC.(b) Any person who wears a body vest in the commission orattempted commission of a violent offense, as defined in subdivision(b) of Section 12021.1, until January 1, 2012, and, on or after thatdate, Section 29905, shall, upon conviction of that felony orattempted felony, in addition and consecutive to the punishmentprescribed for the felony or attempted felony of which he or she hasbeen convicted, be punished by an additional term of one, two, orfive years. The court shall select the sentence enhancement which, inthe court's discretion, best serves the interests of justice andshall state the reasons for its choice on the record at the time ofthe sentence in accordance with the provisions of subdivision (d) ofSection 1170.1.   (c) As used in this section, "body vest" means anybullet-resistant material intended to provide ballistic and traumaprotection for the wearer.

143 California Penal Code 203 PC.  Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders ituseless, or cuts or disables the tongue, or puts out an eye, orslits the nose, ear, or lip, is guilty of mayhem.

144 California Penal Code 12022.3 PC.  For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation ofSection 261, 262, 264.1, 286, 288, 288a, or 289, and in addition tothe sentence provided, any person shall receive the following:   (a) A 3-, 4-, or 10-year enhancement if the person uses a firearmor a deadly weapon in the commission of the violation.   (b) A one-, two-, or five-year enhancement if the person is armedwith a firearm or a deadly weapon.

145 Same.

146 California Penal Code 12022.4 PC.  (a) Any person who, during the commission or attemptedcommission of a felony, furnishes or offers to furnish a firearm toanother for the purpose of aiding, abetting, or enabling that personor any other person to commit a felony shall, in addition andconsecutive to the punishment prescribed by the felony or attemptedfelony of which the person has been convicted, be punished by anadditional term of one, two, or three years in the state prison. Thecourt shall select the sentence enhancement which, in the court'sdiscretion, best serves the interests of justice and shall state thereasons for its choice on the record at the time of the sentence, inaccordance with the provisions of subdivision (d) of Section 1170.1.The additional term provided in this section shall not be imposedunless the fact of the furnishing is charged in the accusatorypleading and admitted or found to be true by the trier of fact.   (b) This section shall remain in effect only until January 1,2014, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2014, deletes or extendsthat date.

147 Same.

148 People v. Superior Court (1969) 2 Cal.App.3d 197, 202.  ("...the burden of proof is upon the carrier of ... [a concealed weapon] to show his license to carry it. (People v. Williams, 184 Cal.App.2d 673, 675, 7 Cal.Rptr. 604.)

149 California Penal Code 25600.
(a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is ingrave danger because of circumstances forming the basis of a currentrestraining order issued by a court against another person who hasbeen found to pose a threat to the life or safety of the person whopossesses the firearm. This section may not apply when thecircumstances involve a mutual restraining order issued pursuant toDivision 10 (commencing with Section 6200) of the Family Code absenta factual finding of a specific threat to the person's life orsafety. It is not the intent of the Legislature to limit, restrict,or narrow the application of current statutory or judicial authorityto apply this or other justifications to a defendant charged withviolating Section 25400 or committing another similar offense.   (b) Upon trial for violating Section 25400, the trier of factshall determine whether the defendant was acting out of a reasonablebelief that the defendant was in grave danger.

150 See, e.g., CALCRIM 875 -- 4. When the defendant acted, (he/she) had the present ability toapply force (likely to produce great bodily injury/with a deadlyweapon other than a firearm/with a firearm/with asemiautomatic firearm/with a machine gun/with an assaultweapon/with a .50 BMG rifle) to a person(;/.)

See also CALCRIM 876 -- 4. When the defendant acted, (he/she) had the present ability toapply force with a (stun gun/[or] less lethal weapon) to aperson(;/.)

151 See endnote 24, above.

152 The Fourth Amendment provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

153 See, e.g., Terry v. Ohio (1968) 392 U.S. 1, 3 ("Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.").

154 Schneckloth v. Bustamonte (1973) 412 U.S. 218, 93 S.Ct. 2041.  ("It is... well settled that one of the specifically established exceptions to the requirements of both a warrant and probable cause is a search that is conducted pursuant to consent.  Davis v. United States, 328 U.S. 582, 593—594, 66 S.Ct. 1256, 1261—1262, 90 L.Ed. 1453; Zap v. United States, 328 U.S. 624, 630, 66 S.Ct. 1277, 1280, 90 L.Ed. 1477."),

155 Mapp v. Ohio (1961) 367 U.S. 643 (holding that evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court.).

156 California Penal Code 29800 PC(a) (1) -- Any person who has been convicted of a felony underthe laws of the United States, the State of California, or any otherstate, government, or country, or of an offense enumerated insubdivision (a), (b), or (d) of Section 23515, or who is addicted tothe use of any narcotic drug, and who owns, purchases, receives, orhas in possession or under custody or control any firearm is guiltyof a felony.

See also California Penal Code 23515 PC.  As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following:   (a) A violation of paragraph (2) or (3) of subdivision (a) ofSection 245 or a violation of subdivision (d) of Section 245 [assault with a firearm].   (b) A violation of Section 246 [shooting at an inhabited dwelling].   (c) A violation of paragraph (2) of subdivision (a) of Section417 [brandishing a firearm or using a firearm in a quarrel].And see our article, Consequences of a California Felony Conviction.

157 Same.

See also California Penal Code 29800 PC(a) ( 2) -- Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

158 Misdemeanor crimes of domestic violence -- 18 U.S.C. 921(33) --(A) Except as provided in subparagraph (C), [2] the term "misdemeanor crime of domestic violence" means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal  [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
(B)
(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

159 California Penal Code 29805 PC -- California's felon with a firearm law.   Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or830.95, subdivision (a) of former Section 12100, as that section readat any time from when it was enacted by Section 3 of Chapter 1386 ofthe Statutes of 1988 to when it was repealed by Section 18 ofChapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, orSection 27510, or Section 8100, 8101, or 8103 of the Welfare andInstitutions Code, any firearm-related offense pursuant to Sections871.5 and 1001.5 of the Welfare and Institutions Code, or of theconduct punished in subdivision (c) of Section 27590, and who, within10 years of the conviction, owns, purchases, receives, or has inpossession or under custody or control, any firearm is guilty of apublic offense, which shall be punishable by imprisonment in a countyjail not exceeding one year or in the state prison, by a fine notexceeding one thousand dollars ($1,000), or by both that imprisonmentand fine. The court, on forms prescribed by the Department ofJustice, shall notify the department of persons subject to thissection. However, the prohibition in this section may be reduced,eliminated, or conditioned as provided in Section 29855 or 29860.

160 See California Penal Code 4852.01-4852.21.See also, our related article, How to Restore Your California Gun Rights, and State of California Office of the Governor,  How to Apply for a Pardon.

161 Palm Springs criminal defense attorney Michael Scafiddi uses his former experience as an Ontario Police Officer to represent clients accused of violating California's gun laws in San Bernardino, Riverside, Banning, Fontana, Joshua Tree, Barstow and Victorville.

162 California Penal Code 1192.7(c) PC.  ("As used in this section 'serious felony' means...(8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm.")

163 California Penal Code 667 PC -- Habitual criminals; enhancement of sentence; amendment of section -- California Three Strikes law.  ...(e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions which may apply, the following shall apply where a defendant has a prior felony conviction: (1) If a defendant has one prior felony conviction that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction. (2)(A) If a defendant has two or more prior felony convictions as defined in subdivision (d) that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of: (i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior felony convictions. (ii) Imprisonment in the [California] state prison for 25 years...

164 See same.

165 8 USC 1227 -- Deportable aliens -- (a) Classes of deportable aliens.  Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens...(2) Criminal offenses...(C) Certain [California] firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.

This is why violating any of California's gun laws can lead to deportation.

166 Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Daria A. Snadowsky for any questions relating to Nevada's firearm laws. Their Nevada law offices are located in Reno and Las Vegas.

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