Know Your Rights: What Guns Are Illegal in California?

California gun laws allow individuals aged 21 and above to own, possess, and buy a firearm, given they have a firearm safety certificate and no prior convictions that prohibit them from owning weapons.

Carrying a concealed weapon in California is illegal unless the individual has a lawful permit. In this article, Goss Law will review the relevant gun laws and the legal defenses available for the defendants.

What Guns Are Illegal in California?

Although the Second Amendment gives every American the right to bear firearms, California Penal Code 16590 provides details of the guns that are illegal in the state.

Also referred to as "generally prohibited weapons," the state's statute bans the import, manufacture, sale, gift, lend, or possession of certain firearms and their accessories.

The following are the types of guns that fall under "generally prohibited weapons" in California:

• Short-barreled rifles or sawed-off shotguns: Under California Penal Code section 33215, short-barreled rifles or sawed-off shotguns are illegal in the state. The law defines a sawed-off shotgun as having a barrel less than 18 inches long and a short-barreled rifle as having a barrel less than 16 inches long. The court treats the possession of this type of generally prohibited weapon as a "wobbler offense," meaning it could lead to a misdemeanor or a felony, depending on the facts surrounding the case.
• Undetectable firearms: According to California Penal Code 24610, individuals cannot own, sell, manufacture, or import undetectable guns in the state. These weapons are made from materials that metal detectors cannot detect. Ceramic and plastic guns fall under this category. Anyone convicted of possessing undetectable firearms may face misdemeanor or felony charges, depending on the circumstances of the case.
• Firearms that are not easily recognizable: Under California Penal Code 24510, individuals cannot possess, manufacture, sell, buy, or import guns that are not easily recognizable as firearms. These types of weapons fall under "disguised firearms" and may include a cane gun, wallet gun, pen gun, or any other similar type of weapon. If convicted under the criminal justice system, the individual may face 16 months to three years of imprisonment and hefty fines.
• Unconventional pistols: California Penal Code section 31500 makes manufacturing, selling, or possessing unconventional pistols illegal. These types of firearms lack a rifled bore and have a barrel shorter than 18 inches, with the overall length not exceeding 26 inches. The penalty for a conviction under Penal Code 31500 is a county jail sentence of no more than one year.
• Cane guns: The state's Penal Code 24410 deals with cane guns and explains them as firearms enclosed in a walking cane that one can fire while remaining concealed within the object. Manufacturing, possessing, selling, or purchasing one can be charged as a misdemeanor or a felony.
• Wallet guns: Penal Code 17330 defines a wallet gun as a firearm mounted or enclosed in a case. They often resemble a wallet, making it easy for users to carry them in their purse or pocket and fire the weapon while still enclosed or mounted on the case. Possessing, making, or selling one is a crime under Penal Code 24710 that can be charged as a misdemeanor or a felony.
• Zip guns: California law prohibits the possession of zip guns and refers to them as improvised firearms. Since gun manufacturers in the country do not manufacture these types of weapons, zip guns are cheap makeshift guns. Possessing one (Penal Code 33600) can be charged as a misdemeanor or a felony.

Are Assault Weapons Banned in California?

California has had a long-standing ban on assault weapons. Two related categories are regulated separately: .50 BMG rifles (Penal Code 30530) and machine guns (Penal Code 32625). Under California law, a firearm can be an assault weapon if it is one of the following:

• A semiautomatic centerfire rifle without a fixed magazine that has certain features, such as a pistol grip, thumbhole stock, folding or telescoping stock, or flash suppressor
• A semiautomatic centerfire rifle with a fixed magazine that holds more than 10 rounds
• A semiautomatic centerfire rifle shorter than 30 inches overall
• A semiautomatic pistol without a fixed magazine that has certain features, or with a fixed magazine that holds more than 10 rounds

The law also lists certain models by name, such as AK-series rifles and the Striker 12 shotgun.

In 2021, Federal District Judge Roger T. Benitez of the Southern District of California ruled against the state's assault weapon ban. He compared the AR-15 to a Swiss army knife, stating that it was the perfect home defense weapon and equipment. Goss Law has information on what size knife is legal to carry in California.

The State appealed. After the U.S. Supreme Court's 2022 decision in Bruen, the case (Miller v. Bonta) was sent back, and Judge Benitez ruled against the ban again in October 2023. The Ninth Circuit put that ruling on hold while the State's appeal goes forward. As of October 2026, the appeal is still pending, so the assault weapons ban remains in effect.

Violation of Penal Code 30600 is a felony, and if convicted, the individual can face up to eight years in state prison. However, it is essential to note that the law permits certain qualified individuals to manufacture assault weapons and sell them to law enforcement agencies.

Can Individuals Travel to California with an Assault Weapon for a Competition?

The Penal Code Sections 30600, 30605, and 30610 do not apply to non-residents under the following conditions:

• The individual is going to or coming from a competition involving the use of an assault weapon.
• The competition the individual is attending is on a target range with the necessary licenses or a private or public club organization's target range that is solely organized for shooting targets.
• A law enforcement agency organizes, sponsors, or approves the competition.
• The transportation of the assault weapon is in accordance with Section 25610 or Article 3 of Chapter 2 of Division 5.

Are There Rules on Ammunition and Gun Accessories in California?

Besides addressing generally prohibited weapons, California's gun laws also place restrictions on the types of ammunition and accessories an individual may purchase, sell, import, manufacture, or use. Some of these include the following:

Large Capacity Magazines

California law defines large capacity magazines as any ammunition-feeding device that can hold more than 10 rounds of ammunition. A 10-round magazine is legal.

In 2016, the state passed Proposition 63, among many other gun safety reforms, that banned the possession of large capacity magazines, effective July 1, 2017.

However, there are certain exceptions to this ban, which include use by agency employees and use as a motion picture, television, or video prop (requires a permit from the California Department of Justice).

The ban has been challenged in court. In 2025, the full Ninth Circuit upheld it in Duncan v. Bonta. As of October 2026, a request for U.S. Supreme Court review is pending, and the ban remains in effect.

Armor-piercing Magazines

Under Penal Code 30315, it is a crime to possess armor-piercing bullets that have the capacity to penetrate ballistic armor and protective shields. California law bans these types of weapons as they can hit and kill law enforcement officers in the line of duty.

Silencers

California Penal Code 33410 makes it illegal to use silencers, and possessing one is a felony crime. A silencer is a device that reduces the sound of gunfire, and a conviction can result in up to three years in custody and a maximum fine of $10,000.

Stun Guns

Although possessing a stun gun is legal, there are certain exceptions to this, as explained in the state's Penal Code 22610.

Under California law, buying, using, or possessing a stun gun is illegal if the individual has a felony conviction, is a narcotic addict, or is a minor without written consent from their parent or legal guardian.

Laser Scopes and Laser Pointers

A laser scope is a firearm accessory that individuals can attach to their gun to project laser at objects in the distance. Owning or possessing laser scopes or pointers in the state is not illegal.

However, under Penal Code 417.25, it is a misdemeanor crime to point one at another individual in a threatening manner. A conviction can be punishable by up to 30 days in county jail.

Does California Law Allow Owning Ghost Guns?

Ghost guns are firearms that individuals can buy online and assemble at home. What differentiates ghost guns from other firearms is that they are unserialized and untraceable.

Under Penal Code 29180, anyone who makes or assembles a firearm in California must first get a serial number from the California Department of Justice and put it on the gun. Recent laws also restrict unserialized frames, receivers, and parts kits used to build these guns.

How to Buy, Sell, or Register Guns in California?

There are certain rules that individuals must follow if they wish to buy, sell, or register firearms in California, and these include the following.

Rules for Buying Firearms in California

Any private party transaction or purchase of firearms at a gun show must be through a licensed firearms dealer. Under state law, the buyer must wait for a period of 10 days before they can receive the weapon from the seller.

Penal Code 27510 makes it illegal for a licensed gun dealer to sell, supply, deliver, transfer, or give possession of a gun to an individual under the age of 21. The few exceptions are narrow, have changed in recent years, and have been challenged in court, so anyone under 21 should check the current rules before trying to buy a gun.

Individuals who wish to purchase a weapon in California must follow the Dealer's Record of Sale (DROS) process and show proof of their age to the dealer by presenting any of the following:

• A valid California driver's license
• A valid California identification card
• A valid military identification card
• Any other government-issued identification card that contains the buyer's photograph and birthdate

Besides proof of age, the buyer must also present proof of California residency by showing a utility bill, lease documents, or government-issued identification card.

Rules for Selling Firearms in California

To sell firearms legally in California, gun dealers must fulfill the following requirements:

• Have a valid firearms license
• Have a regulatory or business license
• Have a valid sellers permit

Under federal law, firearm dealers must conduct proper background checks on the buyer before selling a gun to them. Any weapon dealer failing to comply with state requirements can face up to a year in county jail, a maximum fine of $1,000, or both.

Rules for Registering Firearms in California

Firearm purchases in California go through a licensed dealer and the Dealer's Record of Sale (DROS) process, which records the transfer. The buyer doesn't file a separate form for a normal purchase. The Firearm Ownership Report (FOR) is only for specific situations, such as bringing a gun into the state or reporting ownership of a gun that isn't otherwise recorded.

What Are the Defenses for Generally Prohibited Weapons Charges?

Individuals who face charges for possessing, manufacturing, or selling generally prohibited weapons should seek legal help from a criminal defense attorney.

Attorney Blair Goss can gather evidence and use different defenses depending on the circumstances of the case, including the following:

• The firearm was not a generally prohibited weapon: Since the list of weapons under PC 16590 is very specific, an attorney can argue that the defendant was not carrying a generally prohibited weapon.
• The defendant was unaware: When prosecuting a case, the burden of proof lies with the prosecutor, who must prove that the defendant knew about the weapon's prohibited features. An attorney can argue that the defendant did not know about those features and can provide relevant evidence.
• The defendant has a valid permit: People can make, sell, or possess some weapons mentioned under PC 16590 in limited circumstances. Depending on the facts surrounding the case, a criminal defense attorney can argue that the defendant had legal grounds to hold or use the firearm.

Attorney Blair Goss is a Sacramento gun crime lawyer who can help the accused understand California's assault weapons law and gun regulations. Those facing charges should reach out for legal help.

Schedule a Free Consultation with Attorney Blair Goss

Those charged with a gun crime can contact (916) 313-3133 for a free consultation with attorney Blair Goss to discuss their case and learn more about their rights.