In California, Penal Code § 16520 defines a firearm as “a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.”
Examples of firearms include:
- pistols,
- revolvers,
- handguns, and
- shotguns (including short-barreled shotguns).
You may legally own a gun if you have a valid handgun safety certificate and:
- you are not a convicted felon,
- you are not a narcotics addict,
- you do not have two or more convictions under Penal Code 417, California’s law against brandishing a weapon, and
- you have not been convicted of certain misdemeanor offenses.
Our California criminal defense attorneys will highlight the following in this article:
- 1. How does California law define a “firearm”?
- 2. Who may legally own or possess a firearm?
- 3. Who may legally sell a firearm?
- 4. Can I carry either a loaded firearm or an unloaded firearm?
- 5. What is the definition of an “assault weapon”?
Penal Code 16520 PC is the California statute that provides the legal definition for the term “firearm.”
1. How does California law define a “firearm”?
Under PC 16520, a “firearm” is:
- any device,
- designed to be used as a weapon,
- from which is expelled through a barrel,
- a projectile,
- by the force of any explosion or other forms of combustion.1
Examples of “firearms,” often generically referred to as “guns,” include (but are not limited to):
- pistols,
- revolvers,
- handguns,
- rifles (including short-barreled rifles),
- shotguns (including short-barreled shotguns), and
- the frame or receiver of any of the above.2
Also included in the definition of “firearms” are:
- rockets,
- rocket-propelled projectile launchers, and
- similar devices containing an explosive or incendiary material.3
Please note that Penal Code 16520 specifically states that the following are not firearms:
- unloaded antique firearms,4 and
- destructive devices.5
2. Who may legally own or possess a firearm?
You may legally own a gun if you have a valid handgun safety certificate, and:
- you are not a convicted felon,6
- you are not addicted to narcotics,7
- you do not have two or more convictions under Penal Code 417, California’s law against brandishing a weapon,8
- you have not been convicted of certain misdemeanor offenses,9
- you do not suffer from mental illness,10 and
- you are not a minor (that is, anyone under 18).11
3. Who may legally sell a firearm?
According to Penal Code 26500, you must hold a valid permit in order to sell or transfer firearms lawfully.12
Please note that a license to sell firearms does not give you the right to sell all firearms. It means you are licensed to sell only those legal firearms specified on the permit.
Violating PC 26500 is a misdemeanor.13 The crime is punishable by:
- imprisonment in the county jail for up to six months, and/or
- a maximum $1,000 fine.
Note that these penalties are for every firearm you sell, lease, or transfer without a permit.14
4. Can I carry either a loaded firearm or an unloaded firearm?
California law makes it a crime to carry either a loaded or unloaded firearm.
Penal Code 25850 PC makes carrying a loaded firearm in a vehicle or public place is a crime.15
Similarly, Penal Code 26350 PC makes carrying both loaded and unloaded handguns in public is a crime.16
A violation of either statute is typically charged as a misdemeanor. The crimes are punishable by:
- imprisonment in the county jail for up to one year, and/or
- a maximum fine of $1,000.
Long guns and handguns both qualify as firearms.
5. What is the definition of an “assault weapon”?
Penal Code 30600 PC is California’s law regarding assault weapons and .50 BMG (Browning Machine Gun) rifles. This section prohibits:
- manufacturing,
- selling,
- giving away,
- lending, and/or
- possessing
assault weapons and BMG rifles, except in very specific circumstances.17
Although there is no set definition of an “assault weapon,” the California Attorney General has described them as, “highly dangerous offensive weapons which are unambiguously hazardous…they are of the same type that soldiers typically use when fighting in a war.”18
Penal Code 30510 PC lists over 70 types of rifles, pistols, and shotguns classified as assault weapons.
Some examples include (but are not limited to):
- all AK series rifles,
- Uzi submachine guns, and
- the Striker 12 shotgun.19
On June 4, 2021, a federal judge overturned California’s ban on assault weapons because it violates the constitutional right to bear arms under the Second Amendment. But assault weapons remain illegal in California while the state appeals the ruling.
Legal References:
- California Penal Code 16520 PC. The full language of this code section reads as follows:16520. (a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. (b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:(1) Section 136.2. (2) Section 646.91.(3) Sections 16515 and 16517.
(4) Section 16550.
(5) Section 16730.
(6) Section 16960.
(7) Section 16990.
(8) Section 17070.
(9) Section 17310.
(10) Sections 18100 to 18500, inclusive.
(11) Section 23690.
(12) Section 23900 to 23925, inclusive.
(13) Sections 26500 to 26590, inclusive.
(14) Sections 26600 to 27140, inclusive.
(15) Sections 27200 to 28490, inclusive.
(16) Sections 29010 to 29150, inclusive.
(17) Section 29185.
(18) Sections 29610 to 29750, inclusive.
(19) Sections 29800 to 29905, inclusive.
(20) Sections 30150 to 30165, inclusive.
(21) Section 31615.
(22) Sections 31700 to 31830, inclusive.
(23) Sections 34355 to 34370, inclusive.
(24) Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure.
(25) Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code.
(26) Section 15657.03 of the Welfare and Institutions Code.
(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(1) Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Subdivision (b) of Section 23920.
(6) Section 25135.
(7) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(8) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
(9) Sections 26500 to 26588, inclusive.
(10) Sections 26700 to 26915, inclusive.
(11) Section 27510.
(12) Section 27530.
(13) Section 27540.
(14) Section 27545.
(15) Sections 27555 to 27585, inclusive.
(16) Sections 29010 to 29150, inclusive.
(17) Section 29180.
(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device.
(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon.
(Amended (as added by Stats. 2021, Ch. 682, Sec. 3) by Stats. 2022, Ch. 76, Sec. 6. (AB 1621) Effective June 30, 2022.)
See also People v. Law (Cal. App. 3d Dist. 2011), 195 Cal. App. 4th 976; People v. Arnold (Cal. App. 3d Dist. 2006), 145 Cal. App. 4th 1408. - California Penal Code 16520b PC. See also Assembly Bill 1057 (2021). See also People v. Monjaras (Cal. App. 3d Dist. 2008), 164 Cal. App. 4th 1432.
- California Penal Code 16520c PC. See also Medley v. Runnels (9th Cir. Cal. 2007), 506 F.3d 857.
- California Penal Code 16520d PC.
- California Penal Code 16520e PC.
- California Penal Code 29800a1 PC.
- See same.
- California Penal Code 29800a2 PC.
- California Penal Code 29805 PC.
- California Welfare and Institutions Code 8100.
- California Penal Code 29610 PC.
- California Penal Code 26500 PC.
- See same.
- See same.
- California Penal Code 25850 PC.
- California Penal Code 26350 PC.
- California Penal Code 30600 PC.
- “The Attorney General maintains the weapons listed in section 12276 [now section 30600] are ‘highly dangerous offensive weapons which are unambiguously hazardous. Assault weapons are typically used by soldiers in a war…”
- California Penal Code 30510 PC.