Are you considering owning a gun in California, or have you recently come into possession of one? It’s important to know whether or not you are eligible to own a firearm in the state. Here we’ll look at what disqualifies someone from owning a gun in California.

Who cannot own a gun in California?

If you fall into any of these categories, it is illegal for you to possess a firearm in California.

Minors Under 18: Effective July 2023, a new state law will take effect, requiring any person to be at least 18 years old to own any gun in California. If you are a minor under 18, this law prohibits you from possessing any type of firearm, except for use in certain recreational activities such as hunting, competitive shooting, and motion picture production, with the permission of a guardian. This new law expands the current restrictions on minors that prohibits them from possessing handguns and semiautomatic centerfire rifles. ^{_{(Penal Code 29610)}}

Further, if you are an adult with minors in your household, it is important to securely store firearms to prevent access by minors. This means storing guns in a locked safe, or other secure container, and storing ammunition separately from the firearms.

Convicted Felons: The “felon with a firearm” law makes it illegal for a convicted felon to own a gun. This California law applies to felons convicted of crimes such as murder, attempted murder, robbery, kidnapping, and assault with a firearm, under the laws of the United States, the State of California, or any other state, government, or country. If you have a felony conviction on your record, you are disqualified from owning or possessing a gun. _{(Penal Code 29800)}

Addicted to Narcotics: Any person who is addicted to the use of any narcotic drug is not permitted to own a gun under California law. _{(Penal Code 29800)}

Violent crime offenders: California law prohibits violent crime offenders from owning guns. This includes people convicted of violent crimes such as such as assault or domestic violence.

People on probation or parole: Being on probation or parole disqualifies you from owning a gun in California.

Misdemeanour offenders: Some misdemeanour offences can result in a prohibition on owning firearms in California. Examples of such offences include domestic violence misdemeanours and certain drug-related misdemeanours.

Subject to Restraining Order: Having certain restraining orders including a gun violence restraining order prohibits you from owning firearms.

Mentally ill deemed dangerous: Mentally ill individuals deemed dangerous to themselves or others as a result of a mental disorder or mental illness, are not allowed to possess or own guns under California law. This includes individuals who have been found by a court to be not guilty by reason of insanity, mentally incompetent to stand trial, or a mentally disordered sex offender. Additionally, people who have suffered intentionally inflicted great bodily injury or have been placed under a conservatorship are also prohibited.

Non-citizens and Aliens: Under federal law, aliens who are unlawfully in the United States are disqualified from owning a gun. Legal aliens in the United States are generally allowed to own and purchase firearms, with an exception for those admitted under a non-immigrant visa and do not meet one of the exceptions outlined in 18 U.S.C. 922(y)(2), such as possessing a valid hunting license or permit. Additionally, you cannot own a gun if you have renounced your U.S. citizenship.

Please note that this list is not exhaustive. Refer to state and federal laws for more details. Here’s a 2020 state-provided list of firearms prohibiting categories you can reference.

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Remember, violating gun ownership laws in California can result in serious consequences, including criminal charges, heavy fines, and jail time. If you have any doubts or questions about whether you are following California gun laws correctly, it’s always a good idea to seek guidance from a professional.

One option is to contact Jeff at California Gun Services. Jeff is a licensed and experienced professional who works closely with local law enforcement to ensure that gun owners are in compliance with all state and federal laws. Jeff can provide you with a comprehensive gun audit to help you understand the laws and ensure that you are following them correctly. He can also offer guidance on how to improve your gun safety practices and prevent potential legal issues.

One day, I was looking for my grandfather’s whetstone, to sharpen an old pair of shears, and I stumbled across his Colt Python 357 Magnum. I thought it might be a relic from one of the movies he worked on in the 50’s, but according to my grandma, it was just “one of those things your grandpa just insisted on having.”

Jeff McCabe has gotten more of his fair share of calls from people like myself, who accidentally come across family firearms in their home and don’t have the first idea of what to do with them. The owner of California Gun Services (CGS), Jeff is in the business of safe gun storage, ownership and disposal. The first step? Following California gun laws. I had zero clue that by driving the Colt to the Army Navy to try and turn it in, I’d be breaking a couple laws. According to Jeff there are laws restricting gifting or selling a gun, receiving a gun, borrowing a gun, transporting a gun, even storing guns. New laws come out every year, and it is almost impossible for anyone, even aficionados to keep up with them. Jeff and his team work closely with local law enforcement to ensure the process is easy and safe.

My grandma was afraid the grandkids might find it and would “just feel safer without it.” A sentiment shared by Jeff’s friends, family and fellow church parishioners – many of whom have sought his assistance over the years to ensure the proper storage or disposal of firearms they found themselves in possession of upon the passing of a loved one.

A BUSINESS IS BORN

What initially started as a favor for a friend has grown into a bonafide side business as word has spread about Jeff’s particular skill set and confidence in handling firearms. As the owner of the Orange-based One Way Painting, Jeff often encountered situations whereby he would come across a firearm when moving furniture around for a client prior to starting a painting project.

“Many times, the firearm belonged to my client’s father, grandfather or late husband and she never touched it because she was afraid of guns, but didn’t know how to get rid of it safely,” he says. “So many times these guns are loaded and just stuck in a nightstand or stored under the bed.”

Over the years, Jeff has encountered a variety of different circumstances where individuals seek his assistance in disposing of unwanted firearms. All situations call for professionalism and expertise, but some also require a more delicate approach. One such case was a recent call by a family whose patriarch was once a responsible gun owner, but was now suffering the early signs of dementia.

“His family wanted the firearms removed for safety reasons, but the gentleman lawfully owns the guns so it’s important to have a heightened sensitivity so as not to create upset,” says Jeff.

In addition to lay people looking for help, Jeff and his team also assist estate and probate attorneys representing clients who are surviving family members in possession of unwanted firearms to navigate the process of safe gun disposal.

Raised in a family that had firearms for hunting and sporting, Jeff was taught early on how to handle, be respectful and always be safe when handling firearms. Jeff adds that “ … we as Americans have a great privilege to be able to own a firearm, but with that comes an even greater responsibility to not only protect ourselves legally by complying with Federal and State laws, but to protect ourselves, our neighbors and most importantly, our children from all possible dangers associated with firearms.”

San Clemente resident Rhonda Murphy couldn’t agree more. “There are many things to deal with when a loved one dies. In 2010, when cleaning out my husband’s closet, I came across several of his guns. I didn’t want to keep them and was unsure of what to do with them. My daughters didn’t want the guns and I didn’t want to deal with the hassle of storing them as my grandkids are often at my house. A friend suggested I call Jeff. He was very nice, easy to talk with, trustworthy and knowledgeable. He came to my house, checked all the guns to make sure they were unloaded and removed them. Jeff also told me that one of the guns was a collector’s item and was able to sell it for me. One less thing to have to worry about. I can’t recommend Jeff enough.”

As part of their auditing procedures, California Gun Services gives clients the option of a Voluntary Registration Form (in the case where the weapon was inherited). Many of Jeff’s clients are like my grandma who just prefers that the gun is destroyed. Jeff holds a Federal Firearm License and as such, is able to take possession of firearms without a Gun Transfer. He can also inspect firearms to ensure they are still in working order, and even tell you if the gun, or guns, you have is California Compliant.

“Most people are unaware that firearms that were purchased legally from a gun shop just a year ago may now be illegal in California,” says Jeff. “If we find a firearm that is out of compliance with the law, you’ll receive solid advice on how to make it compliant, sell it out of state, or potentially dispose of it. Our process is approved and certified by local law enforcement, it’s legal, safe and adheres to all state and federal firearms laws.

“Since firearms last more than a lifetime, families often have small and large collections of guns in their home. Knowing what you have and what to do with those firearms is important. Whether it’s from a death in the family, inheritance, or just a need for clearing out some that you know you will never use, we can help. Following California gun laws is essential. We come to you. It’s a safe, easy and professional process.”

California Gun Services’ processes are approved and certified by local law enforcement and adheres to all state and federal firearms laws for the following services:

GUN AUDIT

Jeff will come to you and inspect your firearms to make sure they are in proper working order and that they are California Compliant. If your firearm is not compliant with the California Law, you will receive solid advice on how to make it compliant or possibly dispose or sell it out of state.

GUN DISPOSAL

If a firearm is found to be unsafe to use, cannot be repaired and has no historical value. California Gun Services will permanently destroy it by torching the receiver or frame into three parts or cutting it with a saw into five parts. Jeff will document this with pho- tos and log it for the Alcohol, Tobacco and Firearms and email you the proof of destruction.

GUN TRANSFERS

Private Party Transfers happen between two individuals and will need to take place at a Federal Firearm Licensed Dealer. Since this needs to be done at a Gun Shop, Jeff cannot offer this as an in-home service. If you have inherited or legally obtain a firearm, he can provide you with a Voluntary Registration form or you can download it from the California Department of Justice which is NOT required to do at a gun shop. California Gun Services has a Federal Firearm License and can legally come to you and take possession of a firearm without a Gun Transfer.

GUN PURCHASES OF UNWANTED FIREARMS OR COLLECTIONS

California Gun Services will come to you and ap- praise a single gun or an entire collection of any size. You will receive an explanation of how guns are legally sold and transferred. California Gun Services can then make you a fair market value offer and/or explain how a gun can be put up for sale on consignment.

AMMUNITION AUDIT

California Gun Services will make sure you are using the right ammunition for the firearms that you have and that it is legal in the State of California. Jeff will inspect the ammunition to make sure that it has been stored correctly, is in good condition and will ensure that the ammunition is being stored properly, using the right type of container and stored in the right lo- cation in your home.

Article by Ann Laurence, Published in the South County Magazine,
May 2019
Read original article | Download article

My grandparents owned a beautiful three bedroom casita in Solana Beach. Just up the road from the train station, their home was built in the twenties, and renovated completely when I was in high school. When my grandfather passed away, I moved in with my grandma, doing chores around the house for her and helping to maintain the garden. One day, I was looking for my grandfather’s whetstone, to sharpen an old pair of shears, and I stumbled across his Colt Python 357 Magnum. I had to look it up – I thought it might be a relic from one of the movies he worked on in the 50’s, but according to my grandma, it was just “one of those things your grandpa just insisted on having.”

Jeff McCabe has gotten more of his fair share of calls from people like myself, who accidentally come across family firearms in their home and don’t have the first idea of what to do with them. 

The owner of California Gun Services, Jeff is in the business of safe gun storage, ownership and disposal. The first step? Following California gun laws. I had zero clue that by driving the Colt to the Army Navy to try and turn it in I’d be breaking a couple laws. According to Jeff there are laws restricting gifting or selling a gun, receiving a gun, borrowing a gun, transporting a gun, even storing guns. New laws come out every year, and it is almost impossible for anyone, even aficionados to keep up with them. Jeff and his team work closely with local law enforcement to ensure the process is easy and safe.

My grandma hadn’t touched the revolver in years, though my grandfather had made sure she shot it at some canned tomatoes on a desert trip when they were younger. “I’m afraid the grandkids might find it,” she told me that day. “I’d feel safer without it.” A sentiment shared by Jeff’s friends, family and fellow church parishioners – many of whom have sought his assistance over the years to ensure the proper storage or disposal of firearms they found themselves in possession of upon the passing of a loved one.

HISTORICAL PERSPECTIVE

What initially started as a favor for a friend has grown into a bonafide side business as word has spread about Jeff’s particular skill set and confidence in handling firearms. As the owner of the Orange-based One Way Painting, Jeff often encountered situations whereby he would come across a firearm when moving furniture around for a client prior to starting a painting project. “Many times, the firearm belonged to my client’s father, grandfather or late husband and she never touched it because she was afraid of guns, but didn’t know how to get rid of it safely. So many times these guns are loaded and just stuck in a nightstand or stored under the bed.”

Raised in a family that had firearms for hunting and sporting, Jeff was taught early on how to handle, be respectful and always be safe when handling firearms. I believe that we as Americans have a great privilege to be able to own a firearm, but with that comes an even greater responsibility to not only protect ourselves legally by complying with Federal and State laws, but to protect ourselves, our neighbors and most importantly, our children from all possible dangers associated with firearms.”

San Clemente resident Rhonda Murphy couldn’t agree more. “There are many things to deal with when a loved one dies. In 2010, when cleaning out my husband’s closet, I came across several of his guns. I didn’t want to keep them and was unsure of what to do with them. My daughters didn’t want the guns and I didn’t want to deal with the hassle of storing them as my grandkids are often at my house. A friend suggested I should call Jeff. He was very nice, easy to talk with, trustworthy and knowledgable. He came to my house, checked all the guns to make sure they were unloaded and removed them. Jeff also told me that one of the guns was a collector’s item and was able to sell it for me. One less thing to have to worry about. I can’t recommend Jeff enough.”

As part of their auditing procedures, California Gun Services gives clients the option of a Voluntary Registration Form (in the case where the weapon was inherited). Many of Jeff’s clients are like my grandma who just prefers that the gun is destroyed. Jeff holds a Federal Firearm License and as such, is able to take possession of firearms without a Gun Transfer. He can also inspect firearms to ensure they are still in working order, and even tell you if the gun, or guns, you have are California Compliant.

“Most people are unaware that firearms that were purchased legally from a gun shop just a year ago may now be illegal in California,” says Jeff. “If we find a firearm that is out of compliance with the law, you’ll receive solid advice on how to make it compliant, sell it out of state, or potentially dispose of it. Our process is approved and certified by local law enforcement, it’s legal, safe and adheres to all state and federal firearms laws.

“Since firearms last more than a lifetime, families often have small and large collections of guns in their home. Knowing what you have and what to do with those firearms is important. Whether it’s from a death in the family, inheritance, or just a need for clearing out some that you know you will never use, we can help.

Following California gun laws is essential. We come to you. It’s a safe, easy and professional process.”

---

California Gun Services’ processes are approved and certified by local law enforcement and adheres to all state and federal firearms laws for the following services:

GUN AUDIT
Jeff will come to you and inspect your firearms to make sure they are in proper working order and that they are California Compliant. If your firearm is not compliant with the California Law, you will receive solid advice on how to make it compliant or possibly dispose or sell it out of state.

GUN DISPOSAL
If a firearm is found to be unsafe to use, cannot be repaired and has no historical value. California Gun Services will permanently destroy it by torching the receiver or frame into three parts or cutting it with a saw into five parts. Jeff will document this with photos and log it for the Alcohol, Tobacco and Firearms and email you the proof of destruction.

GUN TRANSFERS
Private Party Transfers happen between two individuals and will need to take place at a Federal Firearm Licensed Dealer. Since this needs to be done at a Gun Shop, Jeff cannot offer this as an in-home service. If you have inherited or legally obtain a firearm, he can provide you with a Voluntary Registration form or you can download it from the California Department of Justice which is NOT required to do at a gun shop. California Gun Services has a Federal Firearm License and can legally come to you and take possession of a firearm without a Gun Transfer.

GUN PURCHASES OF UNWANTED FIREARMS OR COLLECTIONS
California Gun Services will come to you and appraise a single gun or an entire collection of any size. You will receive an explanation of how guns are legally sold and transferred. California Gun Services can then make you a fair market value offer and/or explain how a gun can be put up for sale on consignment.

AMMUNITION AUDIT
California Gun Services will make sure you are using the right ammunition for the firearms that you have and that it is legal in the State of California. Jeff will inspect the ammunition to make sure that it has been stored correctly, is in good condition and will ensure that the ammunition is being stored properly, using the right type of container and stored in the right location in your home.