If you’re a California resident, you generally cannot buy a gun out of state and bring it to California yourself. Federal law bars non-dealers from acquiring a handgun in another state at all, and California requires almost every firearm entering the state to move through a California-licensed dealer, who runs the state background check and enforces a 10-day waiting period before you can take it home. There are separate, narrower paths for people moving to California with guns they already own and for people who inherit firearms from an out-of-state relative, and a short list of firearms that cannot legally cross the state line under any of those paths.
What Federal Law Allows
Under 18 U.S.C. § 922, a person without a federal firearms license cannot acquire a handgun from anyone in a different state, whether the seller is a dealer or a private party. Long guns are treated more leniently at the federal level: a licensed dealer in another state can sell you a rifle or shotgun, but only if the sale complies with both states’ laws.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts That second condition is the catch, because California’s rules are stricter than most.
How a Legal Out-of-State Purchase Reaches You
You cannot drive across the state line, pay for a gun, and bring it home. The out-of-state seller has to ship the firearm to a California-licensed dealer (an FFL). Before shipping, the seller’s FFL must get a Firearms Shipment Approval number from the California Department of Justice through the California Firearms Licensee Check system.2State of California Department of Justice – Office of the Attorney General. California Firearms Licensee Check System Penal Code § 27555 requires this for nearly all dealer-to-dealer transfers into California.3California Legislative Information. California Penal Code PEN 27555
Once the firearm reaches the California dealer, you go through the same steps as any in-state buyer. The dealer runs a background check through the California DOJ, you complete the paperwork, and no firearm can be delivered sooner than 10 days after your application to purchase.4California Legislative Information. California Penal Code PEN 26815 You’ll need a valid Firearm Safety Certificate.
Expect a dealer transfer fee, typically $25 to $75, plus the state’s background check fee. Fees vary a lot between shops, so call ahead. You also owe California tax on the purchase. If the out-of-state retailer is registered to do business in California, that retailer collects the use tax; if not, the California dealer handling the transfer collects sales tax on the full sale price, including their own service charges.5California Department of Tax and Fee Administration. California Firearm Dealers Requirements for Transfers From Out-of-State Retailers
Guns and Magazines That Can Never Cross the State Line
Some firearms can’t be legally brought into California by any route, no matter how carefully you follow the paperwork. This is where people who assume their home-state legal collection is portable get into serious trouble.
Assault Weapons
California’s definition of “assault weapon” is broader than most out-of-state buyers realize. A semiautomatic centerfire rifle without a fixed magazine becomes an assault weapon if it has even one feature such as a protruding pistol grip, a thumbhole stock, a folding or telescoping stock, a grenade or flare launcher, a flash suppressor, or a forward pistol grip.6California Legislative Information. California Penal Code PEN 30515 A semiautomatic pistol with a threaded barrel that can accept a flash suppressor or silencer is also covered.7State of California Department of Justice – Office of the Attorney General. Assault Weapons Laws – California and Federal Law
Importing an assault weapon into California is a straight felony punishable by four, six, or eight years in state prison.8California Legislative Information. California Penal Code PEN 30600 If a rifle or pistol you’d like to bring in has any of those features, you’ll need to modify it to comply or leave it behind.
Magazines Over 10 Rounds
Any magazine holding more than 10 rounds is illegal to import. Buying, receiving, or even giving one away is punishable by up to a year in county jail or a state prison term.9California Legislative Information. California Penal Code PEN 32310 Tubular .22 caliber feeding devices and magazines permanently altered to hold no more than 10 rounds are exempt. If your firearm ships with standard-capacity magazines above that limit, swap them for compliant ones before your gun heads west.
Ammunition Follows the Same Rule
Ammunition is treated much like the firearms themselves. Since January 1, 2018, a California resident cannot bring ammunition purchased outside the state into California unless it first goes through a licensed California ammunition vendor, who processes the transfer with a point-of-sale eligibility check.10California Legislative Information. California Penal Code PEN 30314 Loading up on cheaper ammo in Nevada or Arizona and driving it home isn’t allowed, even for a firearm you legally own in California. The practical route is the same as for a gun: ship it to a licensed vendor.11State of California – Department of Justice – Office of the Attorney General. Ammunition Purchase Frequently Asked Questions
If You’re Moving to California With Guns You Already Own
People relocating to California can bring firearms they legally owned before the move, without shipping them through a dealer. The state treats them as “personal firearm importers,” and the obligation is a reporting one.
Within 60 days of bringing a firearm into California, you must file a New Resident Report of Firearm Ownership (form BOF 4010A) with the California Department of Justice.12California Legislative Information. California Penal Code PEN 27560 The form asks for your details and a description of each gun, including make, model, caliber, and serial number, along with a $19 processing fee and a copy of your California driver’s license or ID.13California Department of Justice. BOF 4010A New Resident Report of Firearm Ownership Miss the 60-day window and you’ve committed a misdemeanor. Incomplete forms come back unprocessed, so review carefully before mailing.14California Department of Justice. New Resident Report of Firearm Ownership
One useful point for new residents: California’s Roster of Handguns Certified for Sale doesn’t apply to you. The roster governs which handguns California dealers can sell as new; it doesn’t stop you from importing a handgun you already own, as long as the gun isn’t otherwise illegal here (an assault weapon, for example).15State of California Department of Justice – Office of the Attorney General. Handguns Certified for Sale
If You Inherit a Firearm From Out of State
California residents who inherit a firearm from an out-of-state decedent use a different form: the Report of Operation of Law or Intra-Familial Firearm Transaction, BOF 4544A. It requires the $19 processing fee, a copy of your California ID, and information about how you acquired the firearm, such as your role as executor of the estate.16California Department of Justice. BOF 4544A Report of Operation of Law or Intra-Familial Firearm Transaction The DOJ runs an eligibility check, and if you’re prohibited from owning firearms under state or federal law, the application is denied. The handgun roster doesn’t apply here either.
A hard limit: the BOF 4544A cannot be used to report an assault weapon. If what you’ve inherited qualifies as an assault weapon under California law, you cannot legally bring it into the state.16California Department of Justice. BOF 4544A Report of Operation of Law or Intra-Familial Firearm Transaction
Just Passing Through California
Federal law provides a narrow protection for travelers. Under 18 U.S.C. § 926A, you can transport a firearm through any state, including California, if you could legally possess it at both your starting point and your destination. During transport, the gun must be unloaded and inaccessible from the passenger compartment; in a vehicle without a separate trunk, it must be in a locked container other than the glove box or center console.17Office of the Law Revision Counsel. 18 US Code 926A Interstate Transportation of Firearms
Safe passage covers people traveling through, not California residents trying to route around state law by calling their trip a transit. And even for genuine travelers, if you’re stopped in California with a firearm that meets the state’s assault-weapon definition, you may be arrested first and have to raise the federal protection as a defense afterward.
Penalties for Getting It Wrong
Bringing an assault weapon into California carries four, six, or eight years in state prison, with no misdemeanor option.8California Legislative Information. California Penal Code PEN 30600 Importing a large-capacity magazine can mean up to one year in county jail or a state prison sentence.9California Legislative Information. California Penal Code PEN 32310 Other prohibited-weapon imports are typically charged as wobblers, which prosecutors can file as either a misdemeanor or a felony.
Any felony conviction triggers a lifetime federal ban on owning or possessing firearms or ammunition under 18 U.S.C. § 922(g).1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts One bad import can end your ability to own guns for good. And even the small stuff bites: missing the 60-day new-resident deadline is a misdemeanor, an avoidable criminal record for something a $19 form and a stamp would have handled.14California Department of Justice. New Resident Report of Firearm Ownership