I’m moving to California with guns – What do I need to know?

If you move to California with guns, you must know three essential pools of information regarding the State’s firearms laws. These pertain to the transportation of firearms, the possession of firearms, and compliance with state firearm reporting requirements.

In general, California gun laws provide that if you are transporting a firearm, you must ensure that it is both unloaded and stored in a locked container inside the vehicle (such as a trunk). Non-concealable firearms generally only have to be unloaded when in transport.

Per Penal Code 17000 and 27560, if you are moving into California with a firearm, you are considered a “personal firearm importer” and are required by law to:

In the alternative, you can sell or transfer your firearms to either:

A violation of a State gun law can lead to either misdemeanor or felony charges. In addition, a crime under these laws can be punished with either:

Note that carrying guns in most public places is prohibited under SB 2 even with a CCW permit. Learn more about California gun laws.

Our California criminal defense attorneys will answer these 3 key questions in this article:

man unloading gun before placing in trunk of vehicle - a person moving to California with guns must know the rules about transporting firearms

Typically, the safest way to legally transport your gun is locked and unloaded in the trunk of your vehicle.

1. How do I legally transport a gun in California?

The Second Amendment to the United States Constitution gives you the right to bear arms. State laws limit this right and some requirements to exercise it lawfully.

For example, California law imposes several requirements for how guns must be transported. These requirements, though, differ a bit depending on whether the gun is:

Note that many of the rules regarding the transportation of firearms in California can be found on the State of California’s Department of Justice’s (DOJ’s) website.

Handguns

To lawfully transport a handgun in a vehicle, you must ensure that it is:

  1. unloaded,
  2. locked in the vehicle’s trunk or in a locked container inside the vehicle (other than the vehicle’s glove compartment or utility compartment), and
  3. apparent, or not concealed inside the vehicle. 1

Gun ammo can be stored in either:

You have to follow these rules no matter if you are:

Note that a “handgun” includes items like:

Non-concealable firearms

The State of California says that firearms that cannot be concealed must be unloaded when in transport. 2

Typically, local laws say that non-concealable firearms do not have to be in a locked container. However, United States federal law says that some types of firearms have to be in a locked container or in a gun rack when in a school zone. 3 “School zones” are the areas within 1,000 feet of the grounds of a K-12 school. 4

Note that firearms that cannot be concealed include:

Assault weapons

In general, it is illegal to bring assault weapons into California. 5 Large-capacity magazines are also illegal in California. 6

inmate being taken to a jail cell by a guard

Convicted felons are prohibited from possessing a firearm in the state of California.

2. Am I prohibited from possessing a gun in California?

California law says you are prohibited from firearm ownership and possession if you:

  1. are a felon (that is, convicted of any felony offense in any jurisdiction), 7
  2. are addicted to narcotics, 8
  3. have two or more convictions under Penal Code Section 417, California’s law against brandishing a weapon, 9
  4. have been convicted of certain misdemeanor offenses (such as a violation of Penal Code 273.5),
  5. suffer from mental illness (if you are placed on two involuntary psychiatric holds in a year, you get a lifetime gun ban), 10 or
  6. are under 18 (if you are under 21, you may not purchase a gun). 11

California law also prohibits the following:

Note that per California’s Bureau of Firearms, the DOJ has up to 30 days to complete background checks on you if you purchase a gun. 12

Note that California’s red flag law allows coworkers, employers, and teachers to seek restraining orders to remove guns from your possession if you are potentially dangerous.

3. How does a new resident properly report of his/her gun(s)?

Per Penal Code 17000 and 27560, if you are moving into California with a firearm, you are considered a “personal firearm importer” and are required by law to do one of the following within 60 days:

If you choose this last option, contact the law enforcement agency for instructions prior to transporting the gun to the agency.

If you choose to keep your firearms, you must obtain a California Firearm Safety Certificate.

Additional resources

For more information, refer to the following:

Legal References:

  1. California Penal Code 25610 and 25400 PC.
  2. See California’s DOJ’s website, “Transporting Firearms in California.”
  3. 18 U.S.C. § 922(q)(2)(A)(iii).
  4. 18 U.S.C. § 921(a)(25).
  5. California Penal Code 30945g PC. See Firearms Information for New California Residents, Office of the Attorney General.
  6. See same. Nate Raymond, California’s ban on high-capacity gun magazines can remain in effect, court rules, Reuters (October 11, 2023).
  7. California Penal Code 29800a1 PC.
  8. See same.
  9. California Penal Code 29800a2 PC.
  10. California Welfare and Institutions Code 8100. See also California Assembly Bill 1968 (2018).
  11. California Penal Code 29610 PC.
  12. See Penal Code section 28220f4.
  13. See DOJ website, “Firearms Information for New California Residents.”