California gun law exemptions are narrow, statute-specific carve-outs that let certain people do things — carry, buy without waiting, possess restricted items, transfer without a dealer — that the general public cannot. The main groups are active and retired peace officers, on-duty military and federal officers, concealed carry license holders, owners who registered assault weapons during now-closed windows, immediate family members making a one-off transfer, hunters and sport shooters in transit, entertainment permit holders, licensed dealers and manufacturers, and interstate travelers under federal law. Each exemption is tied to specific conditions, and stepping outside those conditions turns lawful possession into a criminal offense.
Active Peace Officers
Active peace officers defined in Penal Code Sections 830.1, 830.2, and 830.33 get the broadest exemptions. Section 25900 exempts them from the loaded-firearm-in-public prohibition in Section 25850, and they are exempt from the concealed carry ban in Section 25400.1Justia. California Code Penal Code 25900-25925 – Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public
Two purchase-side exemptions also matter. Under Section 26950, a full-time paid peace officer whose employer has authorized on-duty carry skips the standard 10-day waiting period, provided the officer presents written certification from the head of their agency at the time of purchase.2California Legislative Information. California Penal Code 26950 Under Section 32405, peace officers authorized to carry in the course of their duties may buy, possess, and import large-capacity magazines.3California Legislative Information. California Penal Code 32405
Retired Peace Officers and LEOSA
Honorably retired officers who were authorized to carry during their career keep the Section 25900 loaded-carry exemption, but Section 25925 requires them to meet the training standards of Section 832 and qualify with their firearm at least once a year.1Justia. California Code Penal Code 25900-25925 – Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public The retired officer is personally responsible for keeping that qualification current. Let it lapse and the exemption disappears.
A federal law, the Law Enforcement Officers Safety Act (LEOSA), lets qualified active and retired officers carry concealed in any state regardless of that state’s laws.4Office of the Law Revision Counsel. 18 USC 926B – Interstate Transportation of Firearms For retired officers, 18 U.S.C. § 926C requires at least 10 years of aggregate service (or separation due to a service-connected disability), separation in good standing, and annual firearms qualification at the officer’s own expense. The officer must carry either a photographic ID from the former agency showing recent qualification, or an agency ID paired with a state-issued certification confirming they met active-officer standards within the past year.5Office of the Law Revision Counsel. 18 USC 926C – Carrying of Concealed Firearms by Qualified Retired Law Enforcement Officers
LEOSA does not cover machine guns, silencers, or destructive devices. It also does not override private property owners’ right to ban firearms or state laws prohibiting firearms on government property.
Military and Federal Officers on Duty
Members of the Armed Forces and National Guard on active duty are exempt from many California firearm restrictions when acting under orders and authorized by their commanding officer. Federal employees authorized by law to carry in the course of official duties — including law enforcement, investigation, and prosecution personnel — are exempt from the federal-facility possession ban under 18 U.S.C. § 930(d).6Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities These exemptions apply only while the person is performing official duties. Off-duty military personnel in California follow the same rules as everyone else.
Concealed Carry License Holders
A valid California Concealed Carry License exempts the holder from the Section 25400 concealed carry ban. Section 25655 says so directly: the ban does not apply to a person authorized to carry under the licensing provisions of Chapter 4.7California Legislative Information. California Penal Code 25655 What the license does not do is override location-based restrictions, and after Senate Bill 2 those restrictions became much broader.
Sensitive Places After SB 2
Penal Code Section 26230, as amended by SB 2, lists 26 categories of locations where CCL holders may not carry. As of early 2025, 20 categories are enforceable; six remain blocked by a federal preliminary injunction issued in December 2023, including medical facilities, public transit, permitted public gatherings, places of worship, financial institutions, and certain private parking lots.8State of California – Department of Justice – Office of the Attorney General. 2025-DLE-06 Additional Restrictions on CCW License Holders That injunction can shift, so checking current DOJ guidance matters.
Currently enforceable sensitive places include:
- School zones under Section 626.9, preschools, and childcare facilities
- State executive and legislative buildings, courthouses, local government buildings, police stations, and detention facilities
- Colleges and universities
- Public parks, athletic areas, playgrounds, youth centers, amusement parks, zoos, and museums, including adjacent streets and sidewalks
- Bars and restaurants that serve alcohol
- Stadiums, arenas, and casinos
- Public libraries
- Airports and passenger vessel terminals
- Polling places and nuclear facilities
The Private Business Default
Under Section 26230(a)(26), CCL holders may not carry in any privately owned commercial establishment open to the public unless the business posts a DOJ-prescribed sign indicating firearms are permitted.9LegiScan. Bill Text CA SB2 2023-2024 Regular Session Most businesses do not post one, which effectively bars carry in most retail spaces. This provision is among those being challenged in court.
What a California CCL Does Not Exempt You From
The license does not replace the federal background check at purchase. Some states issue permits that qualify as NICS alternatives under 18 U.S.C. § 922(t)(3); California’s does not. The ATF’s Brady Permit Chart confirms this, and California law independently requires a background check before every dealer transfer.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
Registered Assault Weapon Owners
California bans the sale, transfer, and possession of firearms classified as assault weapons under Sections 30510 and 30515, and magazines over 10 rounds under Section 32310.11State of California Department of Justice. California Assault Weapons Laws The main civilian route to lawful possession was registration during a time-limited window.
Bullet-button rifles lawfully possessed before January 1, 2017, had until June 30, 2018, to be registered with the DOJ under Section 30900(b).12State of California – Department of Justice – Office of the Attorney General. Bullet-Button Assault-Weapon Registration Information Firearms meeting the “other” assault weapon definitions in Section 30515(a)(9)–(11), lawfully possessed before September 1, 2020, had a window that closed December 31, 2021.13State of California – Department of Justice – Office of the Attorney General. Other Assault Weapon Information
All windows are closed. There is no current path to register, and possessing an unregistered assault weapon is a crime.
Registration exempts you from the possession ban, but not from tight restrictions on what you can do with the firearm. You cannot freely sell or gift it to another person in California. DOJ guidance limits disposition to selling it to a dealer holding a DOJ Dangerous Weapons Permit, selling it to certain peace officers with written agency approval, permanently disabling it, or removing it from the state.14State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions – Registered Assault Weapons Inheritors have 90 days to choose one of those options. An ordinary gun store cannot accept or transfer these weapons.
Intrafamily Transfers
Section 27875 exempts transfers between immediate family members by gift, bequest, or inheritance from the general requirement to route through a licensed dealer.15California Legislative Information. California Penal Code 27875 “Immediate family” here means parent, child, or grandparent only. Siblings, cousins, aunts, and uncles do not qualify.
Several requirements still apply:
- The recipient must file a report with the DOJ within 30 days describing the firearm, how they obtained it, and from whom. Filing false information is a misdemeanor.
- The recipient must hold a valid firearm safety certificate, or a valid unexpired handgun safety certificate for handguns.
- The recipient must be at least 18.
- The transfer must be infrequent as defined in Section 16730.
The exemption does not override other prohibitions. If the firearm is an assault weapon, the assault weapon transfer rules still apply regardless of family relationship.
Hunting, Sport, and Entertainment
Section 25400’s concealed carry ban does not apply to someone transporting a firearm directly to or from a hunter safety class, a recognized sporting event involving that firearm, or a licensed target range.16Justia. California Code Penal Code 25505-25595 – Conditional Exemptions Under Section 25505, the firearm must be unloaded and in a locked container during transport, and the route must run directly between your starting point and the authorized location without unnecessary detours.
Section 29500 lets anyone 21 or older apply for an entertainment firearms permit from the DOJ, authorizing possession of firearms loaned to the permit holder solely for use as props in film, television, theater, or similar productions. The permit does not grant general carry or ownership rights and covers only loaned firearms in the production context.
Antique and Curio or Relic Firearms
Firearms manufactured before 1899 are classified as antique firearms under Section 16170 and are excluded from California’s definition of “firearm” for many purposes, including dealer transfer requirements and several possession restrictions. The exclusion generally applies only when the antique firearm is unloaded.
Curio and Relic firearms — defined by federal regulation as at least 50 years old or of special collector interest — get a narrower carve-out.17Bureau of Alcohol, Tobacco, Firearms and Explosives. Curios and Relics They are exempt from the Unsafe Handgun Act roster, so a C&R handgun not on California’s approved roster can still transfer to a collector holding a Federal Firearms License Type 03 plus a California Certificate of Eligibility. C&R status does not override the assault weapon classification. A 50-year-old rifle that meets the functional definition in Section 30515 is still illegal to possess without prior registration.
Dealers, Manufacturers, and ITAR
Federal Firearms License holders, manufacturers, importers, and dealers may handle otherwise-prohibited items for specific commercial purposes. They may manufacture, import, and possess assault weapons and large-capacity magazines, but only when destined for sale to exempt entities such as law enforcement agencies or military branches, or for export out of state. The large-capacity magazine exemption requires the business to hold a DOJ permit.
Manufacturers and exporters of defense articles face a further federal layer. Under the International Traffic in Arms Regulations, anyone in the U.S. manufacturing or exporting defense articles, firearms included, must register with the State Department’s Directorate of Defense Trade Controls and keep the registration current. Registration is a prerequisite to license applications and to using ITAR exemptions; it does not itself grant export rights.
Interstate Travelers Under FOPA
Travelers passing through California with firearms may be protected by the Firearm Owners Protection Act at 18 U.S.C. § 926A, which overrides state and local restrictions for anyone transporting a firearm from a place where they may legally possess it to another such place.18Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms Both ends of the trip must be lawful for you.
The transport conditions are specific. The firearm must be unloaded, and neither the firearm nor any ammunition can be readily accessible from the passenger compartment. In a car with a trunk, both go in the trunk. In an SUV or pickup without a separate compartment, the firearm and ammunition each go in a locked container other than the glove compartment or center console.18Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
FOPA covers transport, not use. You cannot draw or fire the weapon while in transit. Short stops for gas and food are generally acceptable; an overnight hotel stay or visit with friends can push you outside the protection. Most travelers who run into trouble treat FOPA as a blanket permission slip when it really only covers moving through.
The Ammunition Check Applies Anyway
Being exempt from a firearm restriction does not usually exempt you from California’s ammunition check. As of July 1, 2025, the DOJ charges a $5.00 fee for a Standard Ammunition Eligibility Check, up from $1.00, on each ammunition purchase.19State of California – Department of Justice – Office of the Attorney General. Regulations – Ammunition Purchase Fee Peace officers and certain other exempt individuals can bypass the check. Most civilians, including CCL holders, must pass it every time they buy rounds. The fee runs per transaction, not per box.