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Non-Resident Firearms Rules in California

Non-ResidentRegistrationFOPA

California has some of the most restrictive rules in the country for non-residents bringing firearms into the state. California does not recognize or honor concealed carry permits issued by any other state, and many firearms that are legal elsewhere are prohibited here. Non-residents must carefully plan before traveling to or through California with firearms.

No CCW Reciprocity

California does not have CCW reciprocity agreements with any state. A valid out-of-state concealed carry permit has no legal effect in California. Non-residents who wish to carry concealed in California must apply for a California CCW permit through the county sheriff of the county they are visiting, though as a practical matter most counties limit issuance to residents. Penal Code Section 25400[1] prohibits carrying a concealed firearm without a valid California-issued permit.

FOPA Safe Passage

The federal Firearms Owners' Protection Act (FOPA), 18 U.S.C. Section 926A[2], provides limited protection for travelers passing through states with restrictive firearms laws. Under FOPA, you may transport a firearm through California if:

  • The firearm is legal at both your origin and destination
  • The firearm is unloaded, and neither it nor any ammunition is readily accessible or directly accessible from the passenger compartment
  • In a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition is in a locked container other than the glove compartment or console
  • You are traveling through California and not making an extended stop

FOPA safe passage has significant limitations in California. Section 926A protects qualifying firearm transport notwithstanding state or local law, provided the traveler may lawfully possess and carry the firearm at both the origin and destination and satisfies the federal transport conditions. FOPA provides an affirmative defense, not immunity from arrest. Travelers should exercise extreme caution.

Hunting Exemption

Non-residents with a valid California hunting license may bring firearms into the state for the purpose of hunting during an open season. The firearms must comply with California's general firearms laws, including the assault weapons ban and magazine capacity restrictions. Hunters must transport firearms unloaded and in a locked container when not actively engaged in hunting. Details are available from the California Department of Fish and Wildlife[3].

60-Day New Resident Registration

Within 60 days after bringing a firearm into California, a new resident who qualifies as a personal firearm importer must report it to DOJ or sell or transfer it through one of the lawful options in Penal Code Section 27560, including sale or transfer to a licensed dealer or a sheriff or police department. Registration is completed by filing a New Resident Report of Firearm Ownership with the DOJ[4]. The report requires a $19 fee. Critically, any firearm that is prohibited under California law (such as an assault weapon, an unregistered short-barreled rifle, or a firearm not on the handgun roster for new purchases) cannot be registered and may not be lawfully brought into the state. New residents should inventory their firearms against California's prohibited weapons list before relocating.

Prohibited Firearms Warning

Many common firearms legal in other states are prohibited in California, including:

  • Assault weapons as defined by Penal Code Sections 30510 and 30515
  • Magazines with a capacity exceeding 10 rounds, except devices excluded by Penal Code Section 16740 or imports exempt under Section 32310
  • Short-barreled rifles and shotguns (without specific permits)
  • Unserialized firearms (ghost guns) without DOJ-assigned serial numbers

Non-residents should not assume that a firearm legal in their home state is legal in California. Violations carry serious criminal penalties including felony charges.