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State Gun Laws
Basic Info and Definitions
What is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- State gun laws are specific to each state or territory.
The major differences between the two types of laws are:
- who makes the law;
- who prosecutes someone who breaks the law; and
- what the punishment is for breaking the law.
It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation.
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law or if it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.
The chart below shows what the local police can do, depending on whether they believe the abuser broke a state or federal gun law.
| If the abuser broke a… | Then the local police can… |
|---|---|
| state gun law | arrest the abuser and hand the case over to the local prosecutor. |
| federal gun law | tell the ATF or the federal prosecutor, called the U.S. Attorney, in your state. |
If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to If I think the abuser has a gun illegally, who do I report it to?
What is the definition of a felony?
Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. Under CA law, a felony is a crime that is punishable by death or by imprisonment in the state prison or county jail for more than one year.1
However, you cannot always tell if someone was convicted of a felony only by looking at the amount of time s/he actually served in prison since sentences are often reduced or pled down. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the courthouse and search the conviction records.
1 Ann.Cal.Penal Code §17(a)
I am a victim of domestic violence and the abuser has a gun. Is that legal?
If you have a protective order (DVRO) against the abuser, California law says that s/he cannot have or buy a gun. See I have a DVRO against the abuser. Can s/he keep a gun or buy a new gun? for more information.
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.
Guns and Domestic Violence Restraining Orders (DVROs)
I have a temporary ex parte restraining order against the abuser. Can the abuser have a gun?
In California, the abuser cannot have or buy a firearm or ammunition once s/he has been served with a temporary ex parte order.1 You will see this stated in items #10-11 on page two of your DV-110 (“Temporary Restraining Order and Notice of Hearing”) form.
1 Ann.Cal.Fam.Code §§ 6218; 6389(a)
I have a DVRO against the abuser. Can s/he keep a gun or buy a new gun?
California state law says that if you have a DVRO against the abuser, s/he cannot buy or have a firearm or ammunition in his/her possession while the order is in effect.1 This applies to ex parte (temporary) orders as well as orders issued after notice and a hearing.2 However, there is an exception to this law if the abuser uses a firearm for his/her job. See The abuser uses a gun for his/her job. Do the state gun laws still apply? for more information.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun. Go to the Federal Gun Laws page to get more information.
1 Cal. Fam. Code § 6389(a)
2 Cal. Fam. Code §§ 6218; 6389(a)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a DVRO?
If you file for and receive a DVRO, it should be clear to the abuser and to law enforcement that the abuser’s gun needs to be taken away. When you file for a DVRO, the abuser has to be notified. California state law says that on all forms that give notice to the abuser that a protective order has been requested or granted, it must include language that orders the respondent to give up (relinquish) possession or control of any firearms and ammunition and not to purchase or receive or attempt to purchase or receive any firearms or ammunition while the restraining order is in effect.1
Additionally, there is a place on the fourth page of your DV-100 (“Request for Order”) form where you can tell the judge whether the abuser has a gun and if s/he has ever threatened you with it.2 It may be a good idea to check this box if you believe the abuser has a gun so that the judge is aware of the guns.
1 Cal. Fam. Code § 6389(b)
2 See Cal. Fam. Code § 6389(c)(3)
The abuser did not show up for the DVRO hearing. Can his/her gun still be taken away?
California state law says that the ban on guns and ammunition that is written into the notice that is served upon an abuser when you apply for a DVRO can apply to ex parte (temporary) orders as well as orders issued after notice and a hearing.1 Therefore, if the abuser was provided with the legal forms that notify him/her of the fact that you applied for the DVRO and that a hearing is scheduled, the gun ban should still apply to him/her.
1 Ann.Cal.Fam.Code §§ 6389(a); 6218
Guns and Criminal Convictions
If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Depending on the crime, the abuser may not be able to legally have a gun. California state law prohibits the following criminals from having a gun in their possession:
- any person who has been convicted of a felony;1
- anyone who has been convicted of any offense involving the violent use of a firearm;2 and
- anyone who has been convicted of certain misdemeanors (including violation of a protective order) cannot have a gun within 10 years of the conviction.3
If the abuser was convicted of a misdemeanor other than the one mentioned above, you might be able to get help from a local legal organization to find out if this conviction means s/he cannot own a gun under this statute. See CA Finding a Lawyer for resources. You might also be able to find out this information from the police.
1 Cal. Penal Code § 12021(a)(1)
2 Cal. Penal Code § 12021(a)(2)-(b)
3 Cal. Penal Code § 12021(c)(1)
If a law enforcement officer is convicted of a domestic violence crime, can s/he have or buy a gun?
The law says that in general, anyone who has been convicted of a felony or certain domestic violence crimes cannot have or buy a gun for any purpose, including his/her official duties.1
However, there is an exception for law enforcement officials whose jobs depend on their ability to use a gun. If the abuser is a law enforcement officer who has been convicted of stalking or certain domestic violence crimes (including violation of a protective order), s/he has a one-time chance to ask the court for permission to have a gun for work purposes. If the judge believes that s/he will use the gun safely and legally, the judge can allow him/her to have a gun.2 When deciding whether or not the abuser can keep his/her gun, the judge will consider the abuser’s continued employment (whether s/he is going to be able to keep his/her job without his/her gun) as well as any relevant evidence. If the judge allows him/her to have a gun, the judge has to require that the abuser agree to participate in counseling as deemed appropriate by the court.3
1 Cal.Penal Code § 12021(a)(1) & (c)(2)
2 Cal.Penal Code § 12021(c)(2)(A)
3 Cal.Penal Code § 12021(c)(2)(C)(ii)
How can I find out if the abuser has been convicted of a crime?
If you know which courthouse the abuser’s case was in, you can go there and ask the clerk to access the conviction records.
Misdemeanor and felony records are usually open to the public. However, they are not always easy to access.
Some criminal records are also kept in the government’s national background check system. Federal laws forbid anyone who was convicted of a felony or a domestic violence misdemeanor from having a gun. So, the government keeps records of these crimes in the National Instant Criminal Background Check System (NICS). However, only law enforcement and licensed gun sellers can search the NICS. Your local police department may be willing to search the NICS for you if you ask, but they don’t have to.
To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to purchase a gun?
The Abuser Isn't Supposed to Have a Gun...Now What?
If the abuser's gun is taken away, what will happen to it?
If the abuser is convicted of a crime and his/her gun is taken away, it will be destroyed or sold by law enforcement officials. If the abuser is ordered to give up his/her gun(s) by a domestic violence restraining order (DVRO), s/he has two choices: s/he can give them to local law enforcement officials for storage and safekeeping or s/he can sell them to a licensed gun dealer.1
If the abuser gives his/her gun(s) to a local law enforcement agency, the gun(s) will be kept in the property warehouse until the protective order expires. The abuser will have 24 hours after receiving notice of the order to turn in or sell his/her gun(s). After 48 hours of receiving notice of the order, the abuser will have to fill out form DV-800 (“Proof of Firearm Turned In”) and file it in court to show that s/he has turned in or sold his gun(s). If s/he fails to file this form, s/he will be violating the protective order. The judge is supposed to hold a hearing to review the file to determine whether the abuser filed the form that shows proof of turning in the firearms.2
This procedure will be explained to the abuser on the copy of the DVRO that is given to him/her.
1 Cal.Penal Code § 12028
2 Cal. Fam. Code § 6389(c)(1), (c)(2), (c)(4)
If I think the abuser has a gun illegally, who do I report it to?
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If… |
Then… |
|---|---|
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Also, a local domestic violence organization may be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our California Advocates and Shelters page.
Note: Generally, a person does not need to know the law to be arrested for breaking it. Therefore, if the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What will happen if the abuser tries to purchase a gun?
Buying a gun from a licensed gun seller
Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to instantly check whether the person can legally buy, have, and transport guns or explosives.1
If the abuser was convicted of a felony or domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protection order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.
Buying a gun from a private seller or online
Someone who wants to buy a gun from a private seller or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.
Note: Just because someone was able to buy a gun, this doesn’t always mean it is legal for him/her to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan
What is the penalty for violating state firearm laws?
Under California state law, anyone who has, buys, or tries to buy a gun while under a protective order is guilty of a public offense and can be punished by a fine of up to $1,000, imprisonment for up to one year, or both.1 The abuser might also be violating federal firearm laws as well, which carries separate penalties. See Federal Gun Laws for more information.
1 Cal. Penal Code § 12021(g)(1)-(2)
More Information and Where to Get Help
I do not have a DVRO against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
In California, if the abuser is addicted to any narcotic drugs, s/he is not allowed to buy or have a gun.1 If this is your situation, please talk to a lawyer or advocate in your area about how this law is being enforced. You can find organizations near you under the Places that Help tab at the top of the page.
If this situation does not apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our CA Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in California, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 Ann.Cal.Penal Code §12021(a)(1)
The abuser uses a gun for his/her job. Do the state gun laws still apply?
Generally, the laws banning guns for people convicted of felonies, certain misdemeanors, and people who have protective orders against them apply to everyone, even those who use guns for their jobs.1However, under California state law, if the abuser is a peace officer and can show that the firearm is necessary for continued employment and that the employer is unable to reassign him/her to another position where a firearm is unnecessary, the judge can make an exception and allow him/her to use a gun during work hours even though you have an DVRO against him/her.2
Also, if s/he can prove that s/he needs to carry a gun for his/her personal safety due to his/her job as a peace officer, the judge can allow him/her to continue to carry a firearm (either on duty or off duty) if the judge believes that the officer does not pose a threat of harm. Prior to making this decision, the judge has to order a psychological evaluation of the peace officer and may require the peace officer to enter into counseling or other treatment program to deal with his/her abusive behaviors.3
To find a domestic violence advocate in your area, please go to our CA Advocates and Shelters page.
1 Ann.Cal.Penal Code §12021(a)-(c)(1)
2 Ann.Cal.Penal Code §12021(c)(2)
3 Ann.Cal. Fam. Code § 6389(h)
I've read all of this information, but I’m still confused. What can I do?
Gun laws can be confusing! Here are a few places you can contact to get help understanding the law and your rights:
- WomensLaw Email Hotline – write in to ask us questions.
- Local domestic violence organizations - see our California Advocates and Shelters page
- to find organizations in your area.
- National Center on Protection Orders and Full Faith & Credit – for more information on federal gun laws and how they may apply to you, call 1-800-903-0111 x 2.
