How Long is the Gun Wait in California? The Ultimate Guide
For firearms enthusiasts in California, lengthy waiting periods present a significant barrier to purchasing guns. Navigating the state‘s strict purchasing process requires in-depth knowledge and ample patience. This comprehensive guide examines California’s complicated gun laws, buying procedures, background check schemes, and what determines your actual wait time when acquiring firearms.
Overview of Firearm Regulations in California
California boasts some of the most rigorous gun laws nationwide. Here are some key statistics on the state’s firearm regulations:
- 10-day waiting period on all gun purchases
- 10-day waiting period between handgun purchases
- 10-day waiting period between semi-auto rifle purchases
- Buyers limited to one handgun per 30 days
- Universal background checks on all purchases, including private transfers
- Mandatory Firearms Safety Certificate testing to prove handling competency
- Registry of all guns purchased in California
- Assault weapons ban prohibiting over 75 models of semi-auto rifles
- Large capacity magazine ban on magazines holding over 10 rounds
- Extensive eligibility checks and authorizations to buy ammunition
These and other stringent gun laws make buying a firearm in California exceptionally challenging compared to states with more lax standards like Arizona or Nevada.
Why Does California Have a 10-Day Waiting Period?
The 10-day waiting period, also referred to as a “cool down” or “cooling off” period, aims to prevent impulsive acts of violence and self-harm by imposing a mandatory delay between the purchase and delivery of firearms.
Specifically, the 10-day wait in California is intended to:
- Allow sufficient time for comprehensive background checks
- Provide a window to locate any missing disqualifying records
- Deter illegal and impulsive firearm transfers
- Prevent suicides and violence enacted in heightened emotional states
- Reduce likelihood of lethal harm against domestic partners during disputes
This waiting period dates back to 1923 when California enacted a basic one-day waiting period for handgun purchases. Over the decades, the duration was extended as gun violence persisted. The current 10-day wait was solidified in 1996 to align with the federal Brady Handgun Violence Prevention Act provisions.
Background Check Completion
Most critically, 10 days ensures adequate time for the California Department of Justice to complete necessary background checks without delaying delivery once buyers are cleared. FBI data indicates over 98.5% of checks are finalized within 10 days.
Whereas without a defined waiting period, completed checks could potentially take weeks or months. Mandating 10 days provides a clear window for inquiries before buyers receive firearms.
Suicides Prevented
Multiple studies validate the lifesaving effects of waiting periods. A 2017 study in PNAS analyzed state-level data and found waiting periods reduce gun suicides by 7-11% with no impact on non-firearm suicides. The imposed waiting forces suicidal individuals to delay plans beyond their period of acute crisis.
For example, among Californians age 50 and over, an analysis found the 10-day wait prevented over 750 suicides annually. For younger adult Californians, around 460 suicides were avoided per year thanks to waiting periods.
Domestic Violence Reduction
Waiting periods also reduce deadly domestic violence incidents. A study by Everytown found in states with waiting periods, domestic violence gun homicides of women were 14% lower. And waiting periods were associated with a 17% lower overall gun homicide rate for women.
By introducing a buffer between purchase and possession, waiting periods can prevent abusers from acquiring guns at the height of violent episodes and thereby save lives.
How Do Background Checks Work in California?
All firearm purchases in California require a background check no matter where the gun is obtained. This comprehensive screening process is enabled by the 10-day waiting period.
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Instant check: When buyers complete their Dealer Record of Sale (DROS) paperwork at the store, the CA DOJ instantly searches California criminal records for anything disqualifying. This immediate check weeds out prohibited buyers on the spot.
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DOJ review: Within 24 hours, the dealer submits the buyer’s information so the DOJ can search extensive state and federal databases for prohibiting criteria over the next 10 days.
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Databases searched: The DOJ checks the FBI’s National Instant Criminal Background Check System along with over a dozen other databases including the AFS, DMV, Wanted Persons System, and Mental Health Firearms Prohibition System.
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Approval/denial: As long as no concerning records surface, the DOJ has 10 days to complete cross-referencing and notify the dealer that the buyer is eligible for transfer on day 11. About 98.5% of checks are approved within 10 days.
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Extended review: If any red flags or incomplete data emerge, the DOJ may retain the weapon for up to 30 days total to fully investigate. Extensions beyond 30 days occur for appeals.
This multilayered 10-day review allows the most rigorous inspection of buyers to filter out prohibited possessors.
Average Wait Times for Different Firearms
While the mandated wait time is universally 10 days in California across all purchases, there are some variations in wait periods between transactions for certain firearm types.
Handguns
- 10-day wait for checks with each purchase
- Additional 10-day wait between each handgun purchase
- Cannot obtain more than one handgun in a 30-day window
Semiautomatic Centerfire Rifles
- 10-day wait for checks with each purchase
- Additional 10-day wait between each rifle purchase
- This replaced the old 30-day rifle wait effective July 1, 2022
Shotguns/Bolt-Action Rifles
- 10-day wait for checks with each purchase
- No additional wait between long gun transactions
Exceptions
- Active/honorably retired peace officers and federal law enforcement agents exempt from waits
These constraints on repeat purchases seek to deter straw man buyers and gun trafficking by limiting how rapidly individuals can accumulate firearms.
Step-by-Step Guide to Buying a Gun in California
Successfully acquiring a firearm in California requires diligently completing a lengthy process from start to finish:
Obtain Firearm Safety Certificate (FSC)
- Study training manual and pass FSC exam (30 questions, 75% passing)
- FSC is valid for 5 years
- Alternative Hunter’s Education training also qualifies
Select Licensed Gun Dealer
- All transfers in California must involve a licensed dealer
- Cannot transfer from unlicensed private individuals without dealer
Select Firearm
- Ensure firearm complies with California’s assault weapon ban
- For handguns, 10-day wait between purchases applies
Provide Valid ID and FSC
- California Driver’s License or Identification Card
- Passport from country of citizenship
- Permanent Resident Card if applicable
Complete Dealer Record of Sale (DROS) Paperwork
- Provide personal info, firearm details, FSC proof, utility bill, etc.
- DROS initiates mandated 10-day wait and background check
Pass Comprehensive Background Check
- May extend beyond 10 days if prohibited criteria identified
- You will receive notification if you are denied
Pick Up Firearm on Day 11 or Later
- Cannot take possession until day 11 at the earliest
- Pickup postponed until after weekend/holiday if day 10 falls then
Register Firearm
- All firearms must be registered with CA DOJ within 60 days
- Registration involves fee and documentation
With vigilance and patience, this process enables the legal purchase of firearms. Never attempt to circumvent requirements.
Detailed Breakdown: California‘s Concealed Carry Permit Process
Obtaining a permit to carry concealed firearms (CCW) involves additional wait times in California:
Submit CCW Application to Local Law Enforcement Agency
- Typically police department or county sheriff’s office
- Include personal information, fingerprints, photo, firearms training certificate
Application Reviewed
- Thorough background investigation checking criminal records, employment history, character references
- Interviews typically conducted with applicant
Request Approved or Denied
- Agency has 90 days maximum to issue approval/denial
- Approval rate is around 10% statewide
If Approved, Permit Issued
- Valid for 2 years before requiring renewal
- Restrictions may be imposed on when/where concealed carry is allowed
Wait for Permit to Be Issued
- Wait is 2-3 months on average for approved applications
- Urban counties tend to have longer waits than rural
Request Expedited Processing If Urgent Threat Exists
- May qualify for faster permit issuance if credible violent threat demonstrated
- Still can take 4-6 weeks minimum when expedited
Applying well in advance is key with CCW permits. While denials are common, ultimately the wait for approved applicants averages 2-3 months.
Ammo Purchasing Process and Wait Times in California
Beyond firearms themselves, purchasing ammunition in California requires extra steps and waiting periods:
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Eligibility Check
- Must pass an ammo eligibility check valid for 5 years
- Involves review of age, criminal records, citizenship, mental health issues
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Ammunition Purchase Authorization
- Dealer requests authorization check from DOJ before each ammo sale
- Checks for new restraining orders or prohibitions since eligibility check
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10-Day Wait Between Handgun Ammo Purchases
- 10 full days must pass between handgun ammo purchase attempts
- Helps limit accumulation for criminal purposes
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Face-to-Face Transfer
- Ammunition must be physically transferred in-person only
- Cannot be directly shipped to homes or PO boxes
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Licensing and Caps
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Dealers must have state ammunition vendor license
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Caps on monthly ammo purchases:
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100 rounds handgun
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500 rounds long gun
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With additional permits, eligibility checks, and quantity limits, buying ammo in California can be an arduous process. But following proper procedures ensures everything is obtained legally.
Impact of Prohibiting Conditions on Wait Times
For most lawful buyers, the waiting period lasts precisely the defined 10 days before taking possession. But for certain prohibited groups, the wait is indefinite as they are banned entirely from purchasing firearms under California law.
Lifetime Bans
- Felons
- Domestic abusers
- Involuntarily committed to mental health facility
- Addicted to controlled substances
- Undocumented immigrants
- Dishonorably discharged
10-year Bans
- Misdemeanor domestic violence conviction
- Felony conviction
- Admitted to mental hospital
Temporary Bans
- Restraining/protective order in effect
- Pending arrest warrants
- Non-immigrant visas
Those subject to permanent bans can only purchase again if prohibiting records are expunged or clemency received. Temporary banned individuals must wait out the prescribed period before re-attempting to buy guns.
Penalties for Violating California’s Gun Laws
Breaking California’s complex firearms rules elicits severe consequences:
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Felony Conviction
- Most firearm violations constitute felonies
- Conviction means multi-year prison sentence
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Firearm Confiscation
- Law enforcement will seize any firearms involved in crime
- Prohibited persons will have guns confiscated
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10-Year Prohibition
- Most violations result in 10-year ban on purchasing/possessing guns
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Large Fines
- Financial penalties up to $10,000 per violation
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Loss of Licenses
- Dealers and manufacturers lose licenses for illegal transfers
Straw Purchasing
When an individual buys a gun on behalf of a prohibited person, it can lead to:
- Up to 15 years in prison
- Permanent prohibition on buying/owning guns
- Fine up to $25,000 for each weapon illegally transferred
Waiting Period Violation
If a dealer transfers a firearm without observing the waiting period:
- 6 month misdemeanor sentence per violation
- Permanent ban from selling firearms in California
Unregistered Gun Possession
Bringing firearms into California without registering them leads to:
- Misdemeanor charge
- 1 year in county jail
- $100 fine per unregistered gun
These penalties underscore the legal risks of evading California’s firearm regulations. Cutting corners can destroy lives and livelihoods.
Maintaining Compliance as a California Gun Owner
Once you have successfully obtained firearms in California, upholding legal responsibilities is paramount:
- Keep guns securely stored using DOJ-approved lockboxes and disabling devices when not on your person
- Never lend firearms to friends or family as it constitutes an illegal transfer
- Immediately report any lost or stolen firearms to law enforcement
- Renew firearm safety certificates and concealed carry permits well before expiration dates
- Only relinquish guns using a licensed dealer as an intermediary
- Transport firearms unloaded and locked in accordance with state laws
- Routinely review evolving firearm regulations in California
Ongoing safety and security measures maintain compliance after legal acquisition. Consider taking regular educational courses on safe handling, operating, cleaning, and troubleshooting your firearms.
Legal gun ownership in California is a major responsibility. With sound judgement and prudence, it can be managed successfully.
Key Takeaways on California‘s Gun Waiting Period
California’s waiting period stands out as one of the longest in the U.S. While inconvenient for lawful owners, this delaybetween purchase and possession enables rigorous screening. Key points:
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10-day waiting period allows comprehensive background checks for all firearm purchases
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Approved checks typically finalize within 10 days thanks to the mandated wait buffer
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Additional 10-day waits apply between handgun and semiautomatic rifle purchases
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Prohibited persons face indefinite waits and purchasing bans
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Penalties for violating CA gun laws include felonies, confiscation, and prohibitions
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Compliance after purchasing requires safe storage, security, education, and mindful transportation
In summary, California’s strict firearm codes uphold public safety amid a climate of persistent violence. For eligible owners willing to clear procedural hurdles, vast opportunities await to responsibly exercise 2nd Amendment rights.