I've previously written on this blog about California's complicated relationship with firearms and the Second Amendment. The Golden State has a well-deserved reputation for its progressive policies, and its strict approach to gun control is no exception. Over the past decade, the state has enacted a slew of legislation, aimed at restricting access to entire classes of popular weapons. This blog post will provide an overview of the most noteworthy recent changes to California's gun laws, and what those changes mean for gunowners.
Ban on "Assault Weapons"
AB 1135, passed in 2016, expanded the definition of an "assault weapon" to include some of the most popular firearms in use today. Virtually any semi-automatic, centerfire rifle with a removable magazine now falls within the class of these highly-restricted weapons. The same is true for pistols with magazines located outside of the grip.
In 2017, the Dept of Justice adopted an online system and required registration of all "assault weapons" in the state. Firearms that were lawfully registered before the deadline are grandfathered in, but they can never be transferred to any other owner, even upon death.
Enhanced Background Checks
All firearm transactions in California must be conducted through a licensed dealer, even private party transfers.
In 2016, California voters approved Prop 63, making it the first state in the country that required individuals to pass a background check before purchasing ammunition.
High-Capacity Magazines
Prop 63 also banned the possession and sale of "high capacity" magazines (magazines that hold more than 10 rounds -- considered by some to be "standard capacity" magazines). This particular law has bounced back and forth through the appeals process, where it was briefly suspended, then upheld, then finally overturned by the US Supreme Court.
Some of us remember "Freedom Week" in 2017, when Judge Benitez placed the law on hold and temporarily allowed the importation of high-cap mags. The 9th Circuit Court of Appeals reenacted the ban before the Bruen decision turned everything on its head. More on that below.
The status of California's high-cap magazine ban is up in the air today. We can expect a lot more litigation before this one is finally worked out. Check back for developments as they become available.
"Red Flag" Laws
California's "red flag" laws allow family members and law enforcement to request the temporary removal of firearms from individuals who pose an immediate threat to themselves or others.
Gun Violence Restraining Orders (GVROs) reflect an attempt to strike a constitutional balance between public safety and respect for the individual's due process rights. To help maintain this balance of interests, the legislature chose to limit both the duration of these orders and the standing to initiate a petition.
"Standing" (the right to file a request for a GVRO) is limited to close family members and police officers. You cannot, for instance, file a GVRO against a neighbor or a coworker. Allowing strangers to initiate GVRO requests would open the floodgates to abuse and would jam the courts with frivolous filings.
When a request for a GVRO is filed, the judge may immediately grant a temporary order if he believes that some extreme risk of harm exists. If a temporary order is granted, the prohibited individual has the right to appear before the court within 21 days, where he will have an opportunity to oppose the request.
Ban on "Ghost Guns"
The California legislature passed AB 879 in 2019, banning the possession and manufacture of homemade "ghost guns".
This law requires individuals to obtain a unique serial number and undergo a background check before manufacturing a firearm, and also to register any unserialized firearms in their possession.
Safe Storage Requirements
California enforces strict safe storage requirements through Assembly Bill 1968, implemented in 2020. This law mandates that firearms be stored securely when not in use. Individuals who fail to adequately secure their weapons may be held civilly and criminally liable if the weapons is accessed by an unauthorized person and used to commit a crime.
Bruen -- The Wild Card
Since the Supreme Court's ruling in Bruen last year, California's vast gun control laws may rest on shaky legal ground. That ruling completely upended the way that courts analyze Second Amendment challenges. Since the court announced this groundbreaking shift, gun control laws have been falling like dominoes all around the country.
Bruen created a new test for the courts to apply when lawsuits challenge the constitutionality of some gun control law. Previously, the state was only required to prove that the proposed law served to protect an "important" government interest (i.e., preventing gun violence) to pass constitutional muster. If a limit on magazine capacity might reduce the lethality of mass shootings, then that was enough and the law was allowed to stand.
In Bruen, though, the court struck down this old test. Instead, it ruled that lower courts should look to historical precedent to decide whether or not some modern gun control law is analogous to a rule that existed at the time of the Founding (or if the Founders would have likely approved of the proposed restriction). If the law in question has no historical analogue, then it is unconstitutional.
The new Bruen test has been interesting to watch in practice. What did the Framers think about AR-15 rifles? Would they have allowed local states to prohibit or restrict their ownership? The AR-15 obviously did not exist at the time of the Constitution's adoption, but individuals back then generally possessed the same weapons that were available to the army. What about owning canons? Or carrying weapons within city limits? These are all questions that will probably come before the courts in the near future.
Conclusion
Gun laws in California are complicated and constantly changing, but there are many defenses available to individuals who are accused of violating them. Our office has extensive experience defending against all kinds of weapons-related charges.
If you or a loved one has questions about gun laws in California, call us for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
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