Firearms Law Center

Welcome to the Firearms Law Center’s online library. The materials published in the Firearms Law Center library cover a variety of legal topics and issues relating to firearms and “dangerous weapons” laws, regulations, and policies. These library materials are organized under categorical topic headings. Topics can be opened to show more details about the topic and subtopics covered there.

Along with topics of general interest to attorneys, students, gun owners, and the general public, the resources in the Firearms Law Center library include materials of particular interest to specific groups such as police, firearm retailers, and shooting ranges. The Firearms Law Center also contains additional materials relating to other special areas of interest.

Some of the materials posted in the Firearms Law Center library compliment or supplement the book California Gun Laws: A Guide to State and Federal Firearms Regulations by C.D. Michel, Senior Counsel of the law firm of Michel & Associates, P.C. His book covers all the basic California and federal gun laws, and is the starting point to get an answer to any California firearm law question. Buy the book!

Although the book should always be your starting point, we could not fit every detail and nuance of every subject into the book itself. So we have supplemented the book with legal memorandums on narrower subjects of interest to a smaller class of readers and potential clients. Conversely, broader topics that are covered in the book are generally not covered by the materials in the Firearms Law Center library. And the materials in the Firearms Law Center library generally do not explain the background often necessary to understand the laws covered and explained in the book itself. To the extent the memorandums posted here do not address your specific questions or areas of concern, C.D. Michel’s book should first be referenced directly. Buy the book!

If the materials on Firearms Law Center are not helpful, you may email your question to our office. Our staff will contact you concerning your question, discuss where to locate the information you are looking for, and/or discuss options for retaining our services to assist you in answering your question.

The Firearms Law Center is always looking for more information on issues that may be of interest. If you are aware of additional materials that are not posted here, you can forward us a copy of those materials or direct us to them so that we may make the collection of materials in the Firearms Law Center library as complete as possible. If you have opinion letters, training bulletins, memoranda, court decisions or similar materials that might be of interest to others, we encourage you to share these with us, along with any ideas to make the Firearms Law Center more valuable to our users. Submit materials to helpdesk@michellawyers.com.

Acknowledgments, Dedication and Disclaimer

Acknowledgements
I would first like to extend my gratitude to Tamara Rider, Sean Brady, Joe Silvoso, and Hillary Green. Tamara, without you this project would have come off the rails. Thank you for your dedication to this multiple-year endeavor. This book could not have been published without your commitment to seeing it finished. Sean and Joe, the breadth of your knowledge of state and federal firearm laws far exceeds your years. Without you this book would not be as detailed and specific as it is. Hillary, without your contributions this book would not be accessible to the wide audience it is intended to reach.

I also wish to thank all of the Michel & Associates, P.C. staffers and attorneys who work or worked for Michel & Associates, P.C., or have contributed to the firm’s body of firearms law knowledge and resources over the years. These contributors include Anna Barvir, Scott Franklin, Tom Maciejewski, Glenn McRoberts, Clint Monfort, Claudia Nuñez, Haydee Villegas-Aguilar, and many others.

I also owe a debt of gratitude to the firearm, constitutional, and other lawyers throughout the country who have mentored, counseled, employed, worked for, or worked with me over the years. These include Eric Archer, Jim Baker, Mark Barnes, Chris Chiafullo, Bruce Colodny, Chris Conte, Jason Davis, John Eastman, Eric Epstein, John Frazer, Steve Halbrook, David Hardy, Matthew Horeczko, Judge Eleanor Hunter, Burt Jacobson, Don Kates, Larry Keane, Don Kilmer, David Kopel, David Lehman, Judge J.D. Lord, John Machtinger, Pat O’Malley, Al Peacock, and Judge Jesse Rodriguez.

I am particularly grateful to civil rights activists and leaders George Barr, Tom Boyer, Clayton Cramer, Paul Dougherty, Jim Erdman, John Fields, Joel Friedman, Hayden Heal, Steve Helsley, Dwight Van Horn, Ed Hunt, John Lott, Tanya Metaksa, Tony Montanarella, Sam Parades, Paul Payne, Senator H.L. Richardson (ret.), Jerry Upholt, Gene Wolberg, and Ed Worley and for their support and insight over the years. And all the individual plaintiffs in the various lawsuits who volunteered to stand up for all of our self-defense civil rights deserve special thanks.

Activist and Bloomfield Press publisher Alan Korwin and Tiger Lilly Enterprises Publishing Consultant Penny Callmeyer also deserve special mention for their patience and help in making this book happen. Cooperation or information has been gratefully received from the California Department of Justice Firearms Bureau, Los Angeles District Attorney Steve Cooley and the Los Angeles County District Attorney’s Office, the Los Angeles County Public Defender’s Office, officers with the Long Beach and Sacramento Police Departments, Redondo Beach City Attorney Mike Webb and the Redondo Beach City Attorney’s Office, San Francisco Public Defender Jeff Adachi and the San Francisco Public Defender’s Office, and Turner’s Outdoorsman Vice President of Operations Bill Ortiz.

My wife Sydne and my sons Colton and Dawson have also been particularly patient with me as I worked the long hours finalizing this project. Last, but certainly not least, I thank my clients the National Rifle Association and the California Rifle and Pistol Association Foundation for the meaningful, challenging, and fulfilling legal work that those associations have allowed me to perform on behalf of NRA and CRPA members over the past almost twenty years and for the knowledge base that legal work created, much of which was put to use in writing this book.

Dedication
To my father, Carl Robert Michel, a volunteer NRA Instructor who taught his three sons how to shoot. And to my mother, Joan Hancock Michel, who loved us enough to put up with it, and to occasionally plink a can off the back stoop with the Crosman 760 herself.

Disclaimer
This book is not “the law,” and it is not a substitute for “the law.” “The law” includes all of the legal obligations imposed on you as a gun owner and involves a much greater volume of work and opinion than the coverage of firearm statutes and regulations contained in this book. No book can cover everything or replace a competent and experienced lawyer’s advice. This book is only a guide, designed to provide general information regarding California gun laws and to provide references to seek additional information. It is not intended to be a legal treatise or a summary of the entire body of law covering firearms.

I expressly disclaim any liability for errors or omissions that may be in this book. There are many legal and technical “gray area” questions about firearms law that have not been decided by the courts yet, and may never be. Although I do my best to identify the gray areas of which I am aware and provide my analysis and likely or possible interpretations as to how courts may decide certain issues, by no means should my analysis or interpretations be taken as the law. Despite my efforts in researching, collecting, organizing, writing, and preparing this book, I do not make any claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this book. The opinions of other attorneys, and particularly prosecuting attorneys or judges, may be different from mine.

Many people find laws hard to understand, and gathering all the relevant ones, let alone explaining them, is a lot of work. This book helps you with these chores. Again, while great care has been taken to accomplish this with a high degree of accuracy, no guarantee of accuracy is expressed or implied, and the explanatory sections of this book are not to be considered legal advice or a restatement of law.

The exact language of the principal state laws controlling gun use in California are generally not reprinted verbatim in this book. Typically only edited pieces of laws are included here. The laws and other regulations are expressed in conversational terms for your convenience and cross-reference statutes or published court cases. In using plain English to explain the general meanings of the laws, differences inevitably arise, so you must always check the actual laws.

You are fully accountable under the exact words and current official interpretations of all applicable laws, regulations, court precedents, executive orders, and more when you deal with firearms under any circumstances. You are responsible for researching the applicable federal, state, and/or local law(s) applicable to your particular inquiry or circumstance, or for hiring an attorney to advise you on your particular question given your particular circumstances. For guidance on how to find a competent attorney, review the “How to Judge a Lawyer” memorandum published on my website www.calgunlaws.com.

As the author, even though I am an attorney, I am not providing legal advice nor am I rendering other professional services. The use of this book does not create an attorney-client relationship. Please do not send me or my law firm any confidential or sensitive information until you speak with one of my attorneys and obtain prior written authorization to send that information to my law office. Guidance on how to communicate with my office so that confidentiality can be preserved is available through my website. Communication of information by, in, to, or through this book and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon this book or its promotional materials.

For the most part, local ordinances, rules, regulations, and policies are not covered by this book. This book concerns the general gun laws as they apply to law-abiding private residents in the state of California only. Though this book touches on certain aspects of these topics, it is not intended to and does not describe most situations relating to licensed gun dealers; museums or educational institutions; local or federal military personnel; American Indians; hunting; foreign nationals; the police or other peace officers; other government employees summoned by a peace officer to help in the performance of official duties; people with special licenses, authorizations or permits; non-residents; bequests or intestate succession; persons under indictment; felons; prisoners; escapees; dangerous or repetitive offenders; criminal street gang members; incorrigible juvenile delinquents; or unsupervised juveniles.

While this book discusses possible criminal consequences of improper gun use, it avoids most issues related to deliberate gun crimes, particularly violent ones. This means certain laws are excluded or not explained in the text. Some examples are: 1st degree murder, 2nd degree murder, homicide, manslaughter, gun theft, gunrunning, concealment of stolen firearms, enhanced penalties for commission of crimes with firearms (including armed robbery, burglary, theft, kidnapping, drug offenses, assault, and priors), smuggling firearms into public aircraft, threatening flight attendants with firearms, possession of contraband, possession of a firearm in a prison by a prisoner, false application for a firearm, shooting at a building as part of a criminal street gang, removal of a body after a shooting, drive-by shooting, and retaliation. This is only a partial list.

New laws and regulations may be enacted at any time by federal, state, and local authorities. The author and publisher make no representation that this book includes all requirements and prohibitions that may exist. Be aware that firearm laws are subject to change without notice. You are strongly urged to consult with a qualified attorney and local authorities to determine the current status and applicability of the law to specific situations you may encounter.

You are accepting this book, and the contents thereof, “as is” without any warranty of any kind, express or implied, including but not limited to the implied warranty of merchantability or fitness for a particular purpose. All liability and/or resulting damages from this book’s use are disclaimed. Again, the author and publisher expressly disclaim any liability whatsoever arising out of reliance on information contained in this book. The Author and the Publisher Shall Not Be Liable for Any Direct, Indirect, Incidental, Special, Exemplary, or Consequential Damages However Caused and on Any Theory of Liability, Whether in Contract, Strict Liability, or Tort, Arising in Any Way out of the Use of this Book. Damages disclaimed include, but are not limited to, direct, indirect, incidental, compensatory, equitable, exemplary, special, and/or consequential damages, regardless of any cause of action by which the damages may arise.

Again, the information contained in this book is not a substitute for professional advice and does not constitute professional advice, nor is the information contained in this book conveyed or intended to be conveyed as professional advice. Under no circumstances shall you hold the author responsible for any acts you decide to take or not to take. Any decisions you make, and any subsequent consequences, are your own. If you need legal advice or other expert assistance, hire a lawyer familiar with firearms law.

Introduction To California Gun Laws

Abbreviations Used Throughout The Book

Numerous laws from various sources are discussed, quoted, or paraphrased throughout the book. Common firearm language is discussed as well. Important laws or language will be fully listed when discussed for the first time, but then will be subsequently abbreviated.

Below is a list of commonly used terms and their corresponding abbreviations that are consistently used throughout the book:

 

DescriptionAbbreviation
Armed Prohibited Persons System APPS
Assault Weapon Identification Guide AWIG
Assault Weapons Control Act AWCA
Attorney General AG
Automated Firearms System AFS
Bureau of Land Management BLM
Business and Professions Code Bus. & Prof. Code
California Civil Code Cal. Civ. Code
California Code of Civil Procedure C.C.P.
California Code of Regulations Cal. Code Regs.
California Department of Justice Cal. DOJ
California Elections Code Cal. Elections Code
California Government Code Cal. Gov’t Code
California Health and Safety Code Cal. Health & Saf.Code
California Law Revision Commission CLRC
California Rifle and Pistol Association CRPA
California Welfare and Institutions Code W.I.C.
Carry Concealed Weapon CCW
Certificate of Eligibility COE
Code of Federal Regulations C.F.R.
Code of Public Resources C. Pub. Res.
Dangerous Weapons Control Act DWCA
Dealers Record of Sale DROS
Department of Justice DOJ
Entertainment Firearms Permit EFP
Environmental Protection Agency E.P.A.
Exclusive Economic Zone EEZ
Family Code Fam. Code
Federal Aviation Administration FAA
Federal Bureau of Investigation FBI
Federal Firearms Licensee FFL
Firearm Owner’s Protection Act FOPA
Gun Control Act GCA
Handgun Safety Certificate HSC
Immigration and Nationality Act INA
Law Enforcement Gun Release LEGR
Law Enforcement Gun Release – Firearms Eligibility Clearance Letter LEGR Letter
Law Enforcement Officer Safety Act LEOSA
Locked Loaded and Concealed Carry LUCC
Misdemeanor Crime of Domestic Violence MCDV
National Firearms Act NFA
National Instant Criminal Background Check System NICS
National Rifle Association NRA
National Shooting Sports Foundation NSSF
Penal Code P.C.
Personal Firearms Eligibility Check Application PFEC
Private Party Transfer PPT
Qualified Law Enforcement Officer QLEO
Qualified Retired Law Enforcement Officer QRLEO
Transportation Security Administration TSA
United Nations Convention on the Law of the Sea UNCLOS
United States U.S.
United States Code U.S.C.

 

CHAPTER 1: The California Regulatory Environment

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’S TOPICS BUT NOT IN THE BOOK:

Penal Code Reorganization Reference Materials and Tools
These cross-reference charts help sort out the changes in California firearm laws that resulted from the 2012 reorganization.

Michel & Associates’ Searchable and Sortable Cross Reference Chart
California Law Revision Commission Nonsubstantive Reorganization of Deadly Weapons Statutes: Disposition Table
California Law Revision Commission Nonsubstantive Reorganization of Deadly Weapons Statutes: Reverse Disposition Table
District Attorney Version of Deadly Weapons Statutes Disposition Table with Common Names
LASD Weapons Arrest Sections Within the Revised Penal Code

Promotional And Advisory Materials
Order Civil Rights Advisory Cards, Stickers, Magnets and Other Free Stuff!
Printable Flier – Please Help Warn Gun Owners About Gun Show Stings!
Order LEOSA Advisory Cards for Law Enforcement Only!

Memorandums Of Law
[Coming Soon]

CHAPTER 2: What is Legally Considered A Firearm and Ammunition ?

CHAPTER 3: Who Can Own and Possess Fireams and Ammunition

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’S TOPICS BUT NOT IN THE BOOK:
Seventh Circuit Court On Constructive Possession
How to Apply For A Pardon
Application for Executive Clemency

CHAPTER 4: How To Obtain Firearms and Ammunicatin

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’S TOPICS BUT NOT IN THE BOOK:
3D Printing of Firearms: Federal and California Law

CHAPTER 5: CARRYING FIREARMS OPENLY, CONCEALED, AND/OR LOADED

CHAPTER 6 :Firearm Carry Restriction Exceptions and Transporting Firearms

 

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’s TOPICS BUT NOT IN THE BOOK
[Coming Soon]

CHAPTER 7: Places Where firearm Possession is Prohibited and Firearm Use is Restricted

CHAPTER 8: Regulation of Assault Weapons and 50 bmg Rifles

 

 

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’S TOPICS BUT NOT IN THE BOOK:

Legal Memoranda
Assault Weapons and .50 BMG Law Overview

Law Enforcement Bulletins
Bullet Button Determination by Sacramento Police Department
Bullet Button Determination by Orange County Sheriffs’ Department

Court Decisions and Precedent
Harrot v. County of Kings
In re Jorge M.
Kasler v. Lockyer
P v. James
Nguyen Decision Memorandum
Request for Depublication Letter

CHAPTER 9: Other Heavily Regulated Firearm Devices

 

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’S TOPICS BUT NOT IN THE BOOK:

CHAPTER 10: Losing Your Firearm and Getting Them Back

Michel & Associates, P.C. receives frequent inquiries regarding restoring one’s right to possess firearms after those rights are lost due to a criminal conviction, mental health evaluation or commitment, the issuance of a protective order, court probation order, or by other means. These reference materials explain the law regarding whether a criminal conviction (or convictions) or other governmental restriction suffered in the past prohibits someone from owning firearms, and, if so, whether the restriction(s) can be cleared from a person’s records so that they could once again legally own or possess firearms. Due to increased regulation of the possession of firearms and the expansion of the types of convictions (increasingly relatively minor) and other proceedings that result in a firearms possession prohibition, an increasing number of individuals are finding themselves subject to firearm restrictions -- often well after a conviction is suffered. Because of our experience in this area and our positive relationship with several self defense civil rights organizations, we have been referred a large number of inquiries on this subject matter in recent years. We are now one of only a very few firms that have developed this practice area.

Restoration of firearm rights is a very arcane and narrow legal specialty. While much of the work involves law and motion practice and court appearances, some of the "fact gathering" work does not necessarily require a legal background. In attempting to provide good value to our clients, and to assist our clients in the most cost effective manner possible, we have developed a system that streamlines the evaluation of the chances of success in each case and provides our clients with options in deciding whether to proceed and how much work they would like us to perform on their behalf. These reference materials will facilitate the process and provide you with background on the system and the court review process.

For More Information

If the links and materials posted here do not answer your question concerning state or federal law, you may email your question to our office. Please click the "Submit A Free Case Evaluation" button located on the top right of this page. Send us your name, telephone number, and your question with as much detail as possible so that we may better assist you. Our staff will contact you concerning your question, discuss where to locate the information you are looking for and/or discuss options for retaining our services to assist you in answering your question.

General Information Overview of Rights Restoration Procedures MAPC Restoration of Rights Client Questionnaire DOJ Bulletin to All California District Attorneys

Legal Memoranda MAPC Memo: Gun Possession and Misdemeanor Crime of Domestic Violence Convictions in California BATFE Memo: When A Prior Conviction Qualifies as a Misdemeanor Crime of Domestic Violence MAPC Memo: What To Do If You Might Be Prohibited from Possessing Firearms

Possession and Prohibited Persons and Places Issues Related to Possession of Firearms by Individuals with Mental Illness: An Overview Using California as an Example Gun Laws and Mental Illness: How Sensible Are the Current Restrictions Foster City Police Department v. Ilyin

NICS Appeals The NICS Section has an email address for customers wishing to appeal and denied transaction. Please email to nicsapps@leo.gov NICS Guide for Appealing a Firearm Transfer Denial FBI Voluntary Appeal File Brochure

Court Decisions and Precedent Enos v. Holder (2010)

People v. Miguel Flores (2008) The California Court of Appeal for the Fourth Appellate District, Division One determined it was not a violation of the Second Amendment (as interpreted by the United State Supreme Court in District of Columbia v. Heller) for a person to be prohibited from possessing firearms for misdemeanor violation of Penal Code section 245(a)(1) (assault by means of force likely to produce great bodily injury) pursuant to section 12021(c)(1). In addition, the court found that the restrictions against carrying a concealed firearm under section 12025(a)(2) and carrying a loaded firearm in a public place (section 12031(a)(1)) were constitutional.

People v. Hyung Joon Kim (2009) The California Supreme Court outlined the scope of the Writ of Error Coram Nobis. The decision limited the availability of the Writ to modify judgments only in cases where a judgment was entered where facts existed, unknown to the court at the time of judgment, would have prevented the rendition of the judgment (for example in statutory rape cases where the victim is in fact over 18 years of age).

People v. Avelino Ceja Villa (2009) In the Villa case, a sister case of Kim, the California Supreme Court reaffirmed the “custody” requirement of habeas corpus. For purposes of habeas corpus, “custody” means actual custody (imprisonment) or constructive custody (parole, probation, bail). A person must be in “custody” in order to bring a challenge to their conviction or custody using the Writ of Habeas Corpus.

People v. Luis Villa (2009) In this case the California Court of Appeal for the Third Appellate District determined that a firearm restriction until the age of 30 for individuals determined to be wards of the juvenile court was constitutional under the Second Amendment as interpreted by the United State Supreme Court in District of Columbia v. Heller.

United States v. Hayes Decision (2009) The Supreme Court held that the type of relationship does not have to be an “element” of the offense for the conviction to qualify as an MCDV and trigger the firearm disability requirement above.

United States v. Skoien (2010) The United States Court of Appeals for the Seventh Circuit upheld the firearm restriction for those convicted of a misdemeanor crime of domestic violence under federal law. The court did not address whether such a restriction was constitutional for individuals who possessed firearms long after their conviction took place.

United States v. Vongxay (2010) Mr. Vongxay challenged his conviction for being a “‘felon’ in possession of a firearm” under federal law (18 USC 922(g)(1)). He claimed that the conviction violated his Second Amendment due process and equal protection rights as discussed in D.C. v. Heller ((2008) 554 U.S. 570). The Ninth Circuit Court of Appeals disagreed.

Relying on the dicta of Heller, which stated “nothing in our opinion should be taken to cast doubt on the longstanding prohibitions on the possession of firearms by felons...”, (554 U.S. at 626) the Court of Appeals determined that Heller did not render 922(g)(1) unconstitutional under Mr. Vongxay’s due process challenge. (U.S. v. Vongxay (9th Cir. 2010) 594 F.3d 1111, 1115). The court relied on pre-Heller precedent to support its decision. In Young, court had previously determined that non-violent felons can be prohibited from possessing firearms. (Vongxay, 594 F.3d at 1116, citing United States v. Younger, (9th Cir.2005) 398 F.3d 1179, 1192). This precedent combined with other post-Heller decisions upholding the restriction against felons, (594 F.3d at 1117) sealed the fate of Mr. Vongxay’s due process challenge. The Vongxay analysis of the Second Amendment concludes with the most concerning statement, and while the court states the conclusion is not “definitively resolved,” it reasons “‘the right to bear arms does not preclude laws disarming the unvirtuous citizens (i.e. criminals)....’” (594 F.3d at 1118)(citations omitted). Just how far the definition of “unvirtuous citizens” should extend, the court did not address, but the obvious concern is whether the Ninth Circuit considers jaywalkers or those with speeding tickets to be “unvirtuous” enough to be precluded from Second Amendment protection. Using the above arguments for support, along with another pre-Heller decision, (Lewis v. U.S. (1980) 445 U.S. 55) the court decided that because the individual right established by Heller does not apply to felons, rational basis should be used to determine whether the “‘felon’ in possession of a firearm” restriction violates Mr. Vongxay’s equal protection guarantee under the Fifth Amendment. (594 F.3d at 1118-19) With such a low burden, of course, the court determined Mr. Vongxay’s right was not violated and his conviction under United States Code, Title 18, section 922(g)(1) was justified.

 

SUPPLEMENTAL MATERIALS RELEVANT TO THIS CHAPTER’S TOPICS BUT NOT IN THE BOOK:
Protect Yourself! California’s Politicized Gun Confiscation Program Threatens Uninformed Gun Owners!

CHAPTER 11: Self Defense and Use of Force

APPENDIX A: Assault Weapons Listed By Name and Category

Combined Listing of Category 1 and Category 2 “Assault Weapons”
Italicized models are Category 1 “assault weapons” and were required to be registered on or before March 31, 1992. Non-italicized models are Category 2 “assault weapons” and were required to be registered with the Department of Justice on or before January 23, 2001. Category 3 “assault
weapons” are not included in this listing.

APPENDIX B: REVISED PENAL CODE CORRELATION CHART

SPECIAL AREAS OF INTEREST

Firearm Technology Basics

Glossary of California Penal Code Terms

Answers To Frequently Asked Legal Questions

Bureau of Alcohol, Tobacco, Firearms & Explosives 
Bureau of Alcohol, Tobacco, Firearms and Explosives FAQs

California Department of Justice – Firearms Bureau
California DOJ Bureau of Firearms FAQ’s
Top 10 Frequently Asked Firearms Questions and Answers
.50 BMG Rifle Registration FAQ’s
Assault Weapon Registration FAQ’s
California Firearms Licensee Check System FAQ’s
Firearms Dealers FAQ’s
Handgun Safety Certificate Program FAQ’s
Personal Firearms Eligibility Check Program FAQ’s
Public FAQ’s

Frequently Asked Questions

Q.     I Owned a Magazine Capable of Accepting More Than Ten Rounds Before the Law Took Effect On December 6, 2013. What Are My Legal Responsibilities?
By April 7, 2014, you should have removed the magazine from San Francisco, OR surrendered it to the San Francisco Police Department for destruction, OR sold or transferred it in accordance with the limited circumstances authorized by state law. Do not continue possessing the banned magazines within the city unless and until a court invalidates the ordinance.

Q.        What if I miss the April 7, 2014, Deadline to Surrender My Magazines?
Do not attempt to surrender them to law enforcement or City officials after April 7, 2014.
If you still possess banned magazines in San Francisco beyond April 7, 2014, you are in violation of the law. Attempting to surrender them to the authorities is ill-advised. Contact an attorney to discuss your options.

Q.        Can I Keep My Magazine at a Friend’s or Relative’s House Outside of San Francisco Instead of Selling Them to a Dealer?
Possibly, but you should be sure not to conduct an unlawful transfer of the magazine in violation of state law. Gun owners should take care to ensure that they are the only ones with access to the magazines (e.g., only the gun owner has the key to the safe that contains the magazines). If it is within your means, it is advisable to rent a storage space or acquire a safety-deposit box to store your magazines.

Q.        I Am Not a San Francisco Resident, But I Do Travel Through the City.
            What Should I Do With My Magazines?
Keep them at home if you know you will be traveling through San Francisco. Visitors to the city are not exempt from the ban. Merely keeping them locked up while you pass through will not necessarily protect you from criminal liability.  

Q.        What Are San Francisco’s Intentions Regarding Enforcement?

            Should I Be Worried About Police Knocking on My Door?

While it is impossible to predict the actions of city officials or law enforcement officers, it is clear that this ordinance will prove very difficult to enforce.

That said, if police visit your residence, it is important to remember not to let officers in unless they have a search warrant. If they don’t have a warrant, don’t consent to a search. Invoke your right to counsel by asking to speak with an attorney.  Otherwise, remain silent.  If they have a warrant, stand aside and let them in, but say nothing!                        

                 

 

Criminal Justice System Resources/Know Your Rights

Carrying Firearms or Weapons in Public/ Licenses/ CCWs

Reports on Effects of Licenses to Carry (LTC) Concealed Weapons in Public
Senate Bill 610′s New Requirements for Processing Applications for Licenses    to Carry Handguns Effective January 1, 2012
GAO Report on CCW: Highlights
GAO Report on CCW: Full Report

Materials Relating to FAQs and Helpful Links

UNLOADED OPEN CARRY (UOC) OF HAND GUNS AND LONG GUNS

Michel & Associates UOC Legal Memoranda

UOC Movement Documents

 

Legality of Specific Firearms and Devices

Ammunition Issues

Airsoft, BB Devices and Spotmarker (Paintball) Guns

Less Lethal Weapons

 

Michel & Associates Legal Memoranda
“Pepperblaster II” Is Illegal to Possess in California

Agency Opinions

LEO Training Bulletins
Coming Soon

Court Decisions of Interest
Coming Soon

Exotic Weapons/ Destructive Devices/ AOWs

Coming Soon!

Additional Firearm Law Topical Resources

Michel & Associates Legal Memoranda
Large Capacity Magazine Law Overview
Unsafe Handgun Act Summary – Coming Soon

Fireworks, Pyrotechnics, Special Effects and Explosives

Specialty Resources for Police/Law Enforcement Officers (LEO)

If these materials do not answer your question concerning state or federal law, you may email your question to our office. Send us your name, telephone number, and your question with as much detail as possible so that we may better assist you. Our staff will contact you concerning your question, discuss where to locate the information you are looking for and/or discuss options for retaining our services to assist you in answering your question.

Suggestions?
We are always looking for information of firearms law issues that may by of interest to law enforcement officials. If you have opinion letters, training bulletins, memoranda, or similar materials that might be of interest to other agencies, we encourage you to share these with us, along with any ideas to make this resources and references page more valuable to our law enforcement clients, potential clients, and friends.

California Dept. of Justice Law Enforcement Bulletins
[Coming soon]

Law Enforcement Officers’ Safety Act (LEOSA/ HR 218)

Free Stuff
LEOSA – Active LEO Advisory Cards
LEOSA – Retired LEO Advisory Cards
Frequently Asked Questions about LEOSA/H.R. 218
H. R. 218 as Amended by the National Defense Authorization Act, January 2, 2013
LEOSA: The Good, The Bad and the Ugly
H.R. 218 LEOSA Issues 
LEOSA Improvements Act
FDLE’s Questions and Answers Regarding HR 218 (10.2008)

State by State LEOSA Information
Alabama Attorney General Opinion re: LEOSA
California Dept. of Justice’s LEOSA Page
California Reserve Peace Officers and “Legal Status” Under the Law Enforcement Officers Safety Act of 2004
California Dept. of Justice Letter re:Retired Officer CCW Endorsements
Connecticut Dept. of Public Safety’s LEOSA Information Bulletin
Kansas Attorney General Opinion re: LEOSA
Louisiana Attorney General Opinion re: LEOSA
Maryland Dept. of Public Safety & Correctional Services Sample LEOSA    Policy
Michigan Commission on Law Enforcement Standards – LEOSA FAQ
North Carolina Attorney General Opinion re: LEOSA

Links on LEOS
Law Enforcement Alliance of America:  H.R. 218

Licences to Carry Concealed Firearms
Senate Bill 610′s New Requirements for Processing Applications for    Licenses to Carry Handguns Effective January 1, 2012

Unloaded Open Carry Law
The law firm of Michel & Associates, P.C. is pleased to offer these materials on the unloaded open carry of firearms in California to our law enforcement clients and friends.

We also ask that if you are aware of additional materials on this topic that are not posted here, you forward us a copy of those materials or direct us to them so that we may make this collection of materials as complete as possible.

Speciality Resources for Firearms Retailers & FFL's

 

The lawyers at Michel & Associates, P.C. have been helping firearm retailers and all classes of FFL for 20 years. We have helped hundreds of FFL’s to obtain licenses, establish Best Management Practices, fight local, state, and federal license revocation, proceedings, attend warning conferences, and work with government regulators to stay in business and stay profitable. We also assist FFL’s sued by customers or gun ban advocacy groups.

Based on our experience, we have learned that in advising an FFL, it is best to take a “holistic” approach. That is, treating one problem without addressing the proper functioning of the entire FFL operation typically results in a short term solution, but more problems down the road.

For this reason, Michel & Associates has teamed up with the FFL Guard service to assist FFL’s in California, and provides our services to FFLs through FFLGuard.

Promotional and Advisory Materials
Order Civil Rights Advisory Cards, Stickers, Magnets and Other Free Stuff!

Michel & Associates’ Legal Memoranda

Memo Re: Was It an Accident? Licensed Gun Dealers Can Lose Their     Licenses for “Willful” Violations of the Gun Control Act

BATFE Reference Materials and Resources for FFLs
>ATF Online Education Seminars
How to Become an FFL
Inspection Findings Presentation
Inventory Procedures for FFLs
Straw Purchase Case Study
Federal Firearms Licensee Quick Reference Best Practices Guide, ATF P     5300.15
BATFE Power of Attorney Form
ATF eForm 4473
EZ-4473 Software
ATF Publication 5400.15

California DOJ Firearms Bureau Reference Materials and Resources
California Firearms Licensee Check (CFLC)
California Firearm Dealer’s Frequently Asked Questions
California DROS Entry System
California DOJ DROS Cancellation/Correction Form
Firearm Dealer Acquisition System (FDAS)
U.S. DOJ ATF Security Checklist
California Department of Justice Information Bulletins

DOJ Bulletins
[Coming Soon]

Forms
Application for a Federal Firearm License
Proposition 65 Warning Flier

Court Decisions of Interest
Am. Arms Int’l v. Herbert
Armalite, Inc. v. Lambert
Article II Gun Shop, Inc. v. Gonzalez
Borchardt Rifle Corp. v. Cook
Jim’s Pawn Shop, Inc. v. Bowers
The General Store v. Richard Van Loan

Speciality Resources for Shooting Ranges

 

Call For Additional Assistance

If these materials do not answer your question concerning state or federal law, you may email your question to our office. Send us your name, telephone number, and your question with as much detail as possible so that we may better assist you. Our staff will contact you concerning your question, discuss where to locate the information you are looking for and/or discuss options for retaining our services to assist you in answering your question.

Suggestions?We are always looking for information of firearms law issues that maybe of interest to law enforcement officials. If you have opinion letters, training bulletins, memoranda, or similar materials that might be of interest to other agencies, we encourage you to share these with us, along with any ideas to make this resources and references page more valuable to our law enforcement clients, potential clients, and friends.

Due to the complicated nature of legal representation of Shooting Ranges, please contact our office.

562-216-4444562-216-4444

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Speciality Resources for Manufacturers and Gunsmiths

Michel & Associates Legal Memorandum
3D Printing of Firearms: Federal and California Law
ATF Interpretation of What Constitutes “Manufacturing” a Firearm
Obtaining Replacements for Defective Firearms

ATF Letter Rulings
BATFE Letter Re: SKS Carbines (Feb. 3, 2011)

2009-1 — Cosmetic Changes to Firearms Before Selling
Any person who engages in an activity or process that primarily adds to or changes a firearm’s appearance, by camouflaging a firearm by painting, dipping, or applying tape, or by engraving the external surface of a firearm, does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is licensed as a dealer/gunsmith, and who camouflages or engraves firearms as described in this ruling does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is engaged in the business of camouflaging or engraving firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act.

2009-2 — Installation of “Drop-In” Replacement Parts to Firearms Before Selling 
Any person who installs “drop in” replacement parts in or on existing, fully assembled firearms does not manufacture a firearm, and does not need to be licensed as a manufacturer under the Gun Control Act. A “drop in” replacement part is one that can be installed in or on an existing, fully assembled firearm without drilling, cutting, or machining. A replacement part, whether factory original or otherwise, has the same design, function, substantially the same dimensions, and does not otherwise affect the manner in which the weapon expels a projectile by the action of an explosive. Any person who is licensed as a dealer, which includes a gunsmith, and who installs “drop in” replacement parts in or on existing, fully assembled firearms as described in this ruling does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is engaged in the business of installing “drop in” replacement parts in or on existing, fully assembled firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act.

2009-5 — Engraving Serial Numbers
Provides for licensed firearms manufacturers who perform a manufacturing process on firearms for, or on behalf of, another licensed manufacturer to forego the requirement of placing their serial numbers and other identification markings on firearms as required by 27 CFR 478.92(a) and 479.102(a), provided specific conditions have been met.

2010-8 — Consolidation Required Records for Manufacturers
ATF authorizes licensed manufacturers to consolidate their records of manufacture or other acquisition of firearms and their separate firearms disposition records.

2010-10 — Firearms Manufacturing Operations
This ruling allows licensed gunsmiths to perform manufacturing operations on behalf of a licensed manufacture or importer under certain conditions:  The firearms is (1) not owned, in whole or in part, by the dealer-gunsmith; (2) returned by the dealer-gunsmith to the importer of manufacturer upon completion of the manufacturing processes, and not sold or distributed to any person outside the manufacturing process; and (3) already properly identified/marked by the importer or manufacturer in accordance with Federal law and regulations.

Important Notice to Firearm Manufacturer Applicants (for Federal Firearms License)
In accordance with 33 U.S.C. § 1341, ATF Forms 5000.29, ‘Environmental Information,’ and 5000.30, ‘Supplemental Information on Water Quality Considerations,’ are required to be included with the ATF Form 5310.12 (Form 7) for those applicants/licensees whose activities may result in a discharge into navigable waters.  Navigable waters is defined by Title 33 CFR Part 32 § 329.4 as interstate waters including wetlands.

The determination of whether the forms are required is the responsibility of the applicant, but may be verified by ATF during the qualification or compliance inspection, or any other time.  Generally, the forms will be required for manufacturers only if the activity may result in a discharge into navigable waters.  If applicable, the forms will be collected by field office investigators during routine inspection. Once an applicant has provided these forms to ATF, they should maintain current and valid forms with ATF.

Court Decisions of Interest
Broughman v. Carver
Mr. Broughman, operating out of the basement of his home, purchased complete firearm ‘actions’ (frames or receivers with internal parts) from other firearm licensees (FFLS), and purchased rifled barrels from other sources. Broughman then threaded and chambered the barrels to fit the actions, blued (i.e. finished the surface coating)the actions, and made wooden stocks, which he fit to the actions and barrels.  No machining, drilling, or other alterations were done to the actions during this process. In July 2006, Investigator Carver conducted a routine compliance inspection of Mr. Broughman’s ‘gun shop.’  On July 31, 2006, Investigator Carver issued a Report of Violation to Mr. Broughman.  One of the alleged violations, which prompted the law suit, was a citation for failure ‘to obtain a license to manufacture firearms.’  Mr. Broughman was cited because the investigator observed Mr. Broughman assemble a barrel, a receiver, and a stock for a customer, and Mr. Broughman admitted that he had assembled firearms and then sold them for several thousand dollars. Mr. Broughman hired an attorney who asked the ATF to remove the violation from the Report of Violations, asserting Mr. Broughman did not need a manufacturer’s license for what he was doing. ATF responded that ‘[i]t is ATF’s long standing position that the business activities described in your letter and observed during the inspection of Mr. Broughman’s premises are considered to be manufacturing activities, necessitating a manufacturer’s license.’

Specialty Licenses and Permits

Coming Soon

Local Ordinances and Municipal Issues

Pending State Legislation

Federal Law

Federal Statutes
National Firearms Act 

Federal Regulations
Federal Firearms Regulations Reference Guide (2005)

BATF Publications
ATF Rulings
ATF Publications

International Law

Coming Soon

Text of Laws and Regulations

California Statutes
California Statutes

California Regulations
California Firearm Regulations

Federal Statutes
State Laws and Published Ordinances – Firearms, 2008, 29th Edition

Federal Regulations
Federal Firearms Regulations Reference Guide (2005)

Litigation and Case Tracker With Latest Decisions

Litigation Tracking Spreadsheet [coming soon]
If you are looking for specific documents filed in or relating to a past or present case,Michel & Associates, P.C. may have those documents posted on its back pages.

Michel & Associates Legal Memoranda
[
Fiscal v. San Francisco Victory Over San Francisco Gun Ban]

Legal Scholarship and Law Review Articles

Noteworthy Reports and Publications

Forms Bank

Experts Bank

Ballistics
Coming Soon

Range Design & BMP
Coming Soon

Lead Managemet
Coming Soon

Firearm Technology
Coming Soon

Use of Force

Regulatory Agency Links

California Highway Patrol
California DOJ Bureau of Firearms
Bureau of Alcohol, Tobacco, Firearms and Explosives
California State Bar

Civil Rights Associations And Forum Links

www.Calguns.net
www.CalGuns.net:  Open forums, one for gun law discussions.  Lots of subjects covered.

 

National Rifle Association
www.NRA.orgNational Rifle Association / Institute for Legislative Action Official NRA Website.  See “NRA Live!”
www.NRAILA.org
:  Official NRA Institute for Legislative Action website; complete research and reference section

California Rifle & Pistol Association
www.CRPA.org: California Rifle & Pistol Association. Fax or email questions here!

California NRA Grassroots
www.CalNRA.com: California’s NRA Members’ Councils Grassroots Website. Political Action Tools! Sign up for California legislation/election alerts!

NRA California Grassroots and Member’s Councils
California Rifle and Pistol Association Foundation

Gun Owners of California
Gun Owners of California Sacramento, California. State affiliate of Gun Owners of America. California election oriented, but has state law references.

National Shooting Sports Foundation

Safari Clue International

FFLGuard

CalGuns Foundation

Second Amendment Foundation

USCCA
The United States Concealed Carry Association

External Legal Resources Links

Chronology Of Gun Control

Coming Soon