In California, there are strict laws regarding the purchase of assault rifles (ARs) like the AR-15. Unlike many other states, California sets the minimum age to purchase an AR at 21 years old. There are additional requirements around background checks, waiting periods, firearm safety certificates, registration, and feature restrictions that make purchasing an AR in California more difficult than other states.
Minimum Age to Buy an AR-15 in California
The minimum age to purchase an AR-15 style rifle in California is 21 years old. This minimum age applies specifically to semiautomatic centerfire rifles, which includes popular AR-15 style rifles.
California raised the minimum age from 18 to 21 in 2019 through the passage of SB 1100. This bill banned the sale of semiautomatic centerfire rifles to anyone under 21 years old. There are no exceptions, so you must be at least 21 years old to legally purchase an AR-15 or other semiautomatic centerfire rifle from a licensed firearms dealer in California.
Federal Minimum Age Versus California
Unlike the federal minimum age of 18 years old, California sets the minimum age at 21 specifically for semiautomatic centerfire rifles like the AR-15. This creates a divergence between the federal and state minimum ages in California.
At the federal level, the minimum age to purchase rifles and shotguns is 18 years old under the Gun Control Act of 1968. This federal law established 18 as the minimum age for all firearm purchases from licensed dealers except for handguns, which have a minimum age of 21.
However, California passed its stricter age limit of 21 years old for semiautomatic centerfire rifles, creating a disconnect between the federal and state minimums. This means an 18 to 20 year old can legally purchase a rimfire rifle federally but not a centerfire AR-15 style rifle under California state law.
Purchasing Other Firearms in California at 18 Years Old
While California sets the minimum age at 21 for semiautomatic centerfire rifles specifically, some other types of firearms can still be purchased at age 18 within California. These include:
– Bolt-action, pump-action, and lever-action centerfire rifles
– All rimfire rifles including semiautomatic
– Shotguns (all types)
– Handguns purchased through a private party transfer
So outside of AR-15 style semiautomatic centerfire rifles, an 18 year old can still legally buy several types of long guns as well as handguns through private transfers. The age restriction is narrowly focused on just semiautomatic centerfire rifles in California.
Background Checks for Buying an AR-15 in California
In addition to an age minimum of 21, purchasing an AR-15 style rifle in California also involves passing a comprehensive background check. All firearm sales from licensed dealers require a background check, including AR-15 purchases.
California uses the National Instant Criminal Background Check System (NICS) to run background checks for firearm purchases. The NICS system is used to check for any criminal convictions or other prohibiting factors that would prevent someone from legally buying a gun.
To initiate a NICS background check in California, the firearm dealer contacts the California Department of Justice (DOJ) by phone, mail, or online. The DOJ runs the background check through both state and federal databases, including criminal and mental health records.
The entire NICS check must be fully completed before an AR-15 can be transferred to a purchaser. California law requires all background check results to come back as approved before allowing any sale or transfer of a firearm.
Waiting Period for AR-15 Purchases
In addition to the background check, California also requires a 10-day waiting period for all firearm purchases including AR-15 rifles. This means there is a mandatory 10-day wait between starting the background check and actually taking possession of the AR-15.
The waiting period provides additional time for background check results to fully come back. Even if the check completes quickly, the purchaser must still wait the full 10 days before the AR-15 can be transferred to them. This cooling off period can help prevent impulsive acts of violence.
So in summary, purchasing an AR-15 in California involves passing the background check, then waiting 10 days before you can physically take possession of the rifle. The background check and waiting period work together as extra steps to help regulate AR-15 sales.
Firearm Safety Certificate Requirement
To purchase any firearm in California including an AR-15, you must obtain a Firearm Safety Certificate (FSC). This written test covers basic gun safety rules and demonstrates you have a basic familiarity with firearms.
The FSC test consists of 30 multiple choice questions related to general gun laws and safe handling procedures. To pass, you must answer at least 23 questions correctly. The test is administered by licensed firearms dealers and instructors.
Once issued, the FSC is valid for 5 years. During this time, you can present your FSC certificate to purchase as many firearms as you want including multiple AR-15 rifles. Obtaining the FSC is a one-time requirement in California.
However, some exemptions exist on the FSC requirement based on military service, law enforcement status, or possession of a valid hunting license. But in general, most California residents need to study for and pass the FSC test before buying any gun.
Studying for the Firearm Safety Certificate Test
Since the FSC test covers basic firearm safety and laws, it’s important to properly study beforehand. The California Department of Justice provides a Firearm Safety Certificate Study Guide to help prepare.
Some key topics covered on the test include:
– Basic gun safety rules (e.g. treating guns as if they’re loaded)
– Legal requirements for firearm transportation and storage
– Laws covering self-defense and justified shooting
– Restrictions on who can own firearms in California
– Waiting periods, age limits, and background check requirements
– Proper cleaning and storage for firearms
Reviewing this study guide thoroughly along with other practice test resources will help ensure you pass the FSC test on your first try. Obtaining your Firearm Safety Certificate is a critical step to buying an AR-15 legally in California.
Registering an AR-15 after Purchase in California
Within 10 days of bringing your AR-15 rifle home, you must then register it with the California Department of Justice. All transferred firearms must be registered through the Dealers Record of Sale (DROS) system in California.
When you purchase a firearm like an AR-15 from a licensed dealer, the dealer initiates a DROS background check and waiting period. During this process, your personal information and gun details are registered into the DROS system.
Once the sale is complete when the 10-day waiting period ends, your AR-15 is legally registered to you in the DROS database. This registration applies to all firearm purchases and transfers conducted through a licensed dealer in California.
Importance of Properly Registering AR-15 Rifles
Registering your AR-15 is critical because California restricts all transfers that do not go through the DROS system with a background check. Private party transfers are illegal for AR-15 rifles.
So the DROS registration system allows law enforcement to confirm the ownership history of any AR-15. Without proper registration, possession of an AR-15 would be illegal in California.
The sale and registration requirements therefore work together to track all legal AR-15 purchases in California. Ensuring your AR-15 is properly entered into DROS within 10 days is essential to follow state law.
Feature Restrictions for AR-15 Rifles in California
In addition to strict purchasing requirements, California also regulates the allowable features and configurations for AR-15 rifles. These restrictions aim to prohibit any features that could enable rapid reload or spray firing.
Some key feature limitations for California AR-15 rifles include:
– No thumbhole stocks, which are easier to grip than traditional stocks
– Pistol grips limited to a fixed, non-detachable design
– No flash suppressors, which reduce visible muzzle flash
– No forward pistol grips, which provide another handhold point
– Magazine release buttons must lock the magazine in place
– Maximum 10 round magazine capacity
So California bans any AR-15 features that could improve control and stability during rapid fire. Other common additions like folding stocks, barrel shrouds, and laser sights are also prohibited.
All AR-15’s must be fixed magazine rather than detachable magazine to prevent quick reloading. The rifle must maintain a legal overall length and cannot be shortened.
Essentially, only stripped down, fixed magazine AR-15 rifles with limited features are permitted in California. These restrictions limit the potential rate of fire, reload speed, and stability.
Banned AR-15 Variants in California
California maintains a specific list of banned AR-15 makes and models that cannot be legally purchased or possessed:
– Colt AR-15
– Armalite AR-15
– Bushmaster XM15
– Rock River Arms LAR 15
– DoubleStar AR rifles
– Barrett REC7
This list contains many of the most well-known AR-15 variants that are prohibited by name in California. Possessing any banned make or model can lead to felony charges.
The exemptions would be AR-15’s specially configured to meet California’s feature restrictions. But in general, the state bans the AR-15’s most commonly associated with mass shootings.
Penalties for Violating California’s AR-15 Laws
Failing to follow California’s AR-15 rifle laws and restrictions can carry severe criminal penalties. Like any firearm violation, illegally selling, owning, or purchasing an AR-15 is considered a felony offense.
Some potential criminal violations related to AR-15’s in California include:
- Selling or transferring an AR-15 rifle to someone under 21 years old – Felony up to 1 year in jail
- Selling an AR-15 without a background check and waiting period – Felony up to 1 year jail
- Failing to register an AR-15 within 10 days of purchase – Felony up to 1 year jail
- Owning a banned make/model of AR-15 rifle – Felony up to 3 years jail
- Manufacturing an illegal AR-15 (no serial number, banned features) – Felony up to 8 years jail
In addition, violating any AR-15-related laws will make someone permanently prohibited from owning any guns in California in the future. Illegally selling or sharing AR-15’s also carries fines up to $10,000.
Given the serious penalties, it is critical to fully understand and strictly follow all California regulations related to AR-15 ownership, sales, and features. Unlawful possession or transactions can quickly result in felony charges and forfeiture of gun rights.
Conclusion
California has extensive laws regulating sales, transfers, registration, and allowable features for AR-15 style rifles. A minimum age of 21 along with background checks, waiting periods, and registration requirements create major hurdles to purchasing AR-15’s legally for California residents.
Additionally, the state strictly defines compliant AR-15 configurations and bans common variants by name. Given the complex laws and harsh penalties for violations, it’s essential to fully understand what is required to legally own an AR-15 rifle in California. Without the proper age, licensing, registration, and configuration, possession of an AR-15 in the state can be considered a felony offense.