Why This Comparison Matters
The United States operates under a dual system of federal and state firearms regulation. Federal law sets a baseline, and states are free to impose additional restrictions. No state has exercised this power more aggressively than California, which maintains one of the most complex and restrictive firearms regulatory frameworks in the country.
Understanding the differences between federal and California law is essential for gun owners who live in, travel to, or purchase firearms in California. Violating California law — even while in full compliance with federal law — can result in serious criminal charges, including felonies. Conversely, being compliant with California law does not mean you are compliant with federal law (for example, with respect to NFA registration requirements or federal prohibited persons categories).
This article provides a side-by-side comparison of every major category of firearms regulation.
Master Comparison Table
Below is the complete at-a-glance comparison. Each category is then discussed in detail with the specific statutes and legal nuances.
| Category | Federal Law | California Law |
|---|---|---|
| Assault Weapons | Legal (federal AWB expired 2004) | Banned (Cal. Penal Code § 30500-30530) |
| Magazine Capacity | No limit | 10-round limit (Cal. Penal Code § 32310) |
| Waiting Period | None required | 10 days mandatory |
| Purchase Limits | None | 3 firearms per 30 days |
| Ammo Background Check | None | Required (Prop 63 / Cal. Penal Code § 30370) |
| Open Carry | No federal restriction | Banned, but recently struck down (Baird v. Bonta, Jan 2026) |
| Concealed Carry | No federal permit; varies by state | Shall-issue permit required (SB 2) |
| NFA Items | Legal with registration ($0 tax as of 2026) | Most prohibited |
| Handgun Roster | None | Approved list only (Cal. Penal Code § 32000) |
| Red Flag Laws | None (federal) | GVRO (Cal. Penal Code § 18100-18205) |
| Safe Storage | None required | Required (SB 53, Cal. Penal Code § 25100) |
| Preemption | Federal mostly does not preempt state law | State preempts local ordinances (mostly) |
Category-by-Category Deep Dive
1. Assault Weapons
Federal Law
- The federal Assault Weapons Ban (Public Law 103-322) expired in September 2004 and was not renewed
- There is no federal ban on semiautomatic rifles, pistols, or shotguns based on cosmetic features
- Semiautomatic AR-15s, AK-pattern rifles, and similar firearms are legal under federal law
California Law
- Bans semiautomatic firearms by name and by features under Cal. Penal Code § 30510–30530
- Features test: semiautomatic centerfire rifle + detachable magazine + any one feature (pistol grip, thumbhole stock, folding/telescoping stock, grenade launcher, flash suppressor, forward pistol grip)
- Workarounds exist (featureless builds, fixed-magazine configurations)
- Currently challenged in Miller v. Bonta and Rupp v. Bonta
The California assault weapons ban is one of the oldest in the nation, dating to the 1989 Roberti-Roos Act. It has been struck down twice by Judge Benitez at the district court level but remains in effect while appeals are pending. For a full case analysis, see our California Gun Laws That Got Reversed or Challenged.
2. Magazine Capacity
Federal Law
- No federal restriction on magazine capacity
- The 1994 federal AWB included a 10-round magazine limit, but it expired in 2004
- Standard-capacity magazines (15, 17, 20, 30 rounds) are legal nationwide under federal law
California Law
- Possession of magazines over 10 rounds is prohibited under Cal. Penal Code § 32310
- Exception: magazines lawfully acquired during "Freedom Week" (March 29 – April 5, 2019)
- Upheld by 9th Circuit (en banc, 8-7) in March 2025 in Duncan v. Bonta
- Cert petition pending at Supreme Court (filed August 2025)
3. Waiting Period
Federal Law
- No mandatory waiting period
- NICS has a 3-business-day window: if no response, the FFL may proceed
- This is not a waiting period — if NICS returns "Proceed" instantly, the transfer can happen immediately
California Law
- 10-day mandatory waiting period for all firearm purchases
- No exceptions for CCW holders, prior gun owners, or law enforcement (with very limited exceptions)
- The 10-day clock starts when the DROS (Dealer Record of Sale) is submitted
- Applies to both new purchases and private party transfers through FFLs
4. Purchase Limits
Federal Law
- No limit on the number of firearms you can purchase
- FFLs must report multiple handgun purchases (2+ within 5 business days) to ATF on Form 3310.4, but this is a reporting requirement, not a purchase limit
California Law
- Limit of 3 firearms per 30-day period (effective 2024)
- Applies to all firearms, not just handguns
- Previously, the limit was 1 handgun per 30 days; expanded in 2024 to cover all firearms with a higher cap
- Exceptions for law enforcement, licensed firearms dealers, and certain other categories
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Federal Law
- No background check required to purchase ammunition
- Ammunition may be purchased online and shipped directly to your home in most states
- Armor-piercing ammunition is restricted for handguns under 18 USC § 922(a)(7)
California Law
- Background check required for every ammunition purchase under Cal. Penal Code § 30370 (Proposition 63)
- Online ammo purchases must be shipped to a licensed ammo vendor for in-person pickup with background check
- Standard check ($1) for those with a firearm registered in the AFS (Automated Firearms System); basic check ($19) for those without
- Approximately 10-15% of ammunition purchasers are denied due to database issues
6. Open Carry
Federal Law
- No federal restriction on open carry
- Open carry is regulated entirely by state and local law
- Most states allow open carry without a permit
California Law
- Loaded open carry banned statewide since 1967 (Mulford Act) Cal. Penal Code § 25850
- Unloaded open carry of handguns banned since 2012 Cal. Penal Code § 26350
- Unloaded open carry of long guns banned in incorporated areas since 2013 Cal. Penal Code § 26400
- Open carry ban struck down in Baird v. Bonta (January 2026) — state appealing
7. Concealed Carry
Federal Law
- No federal concealed carry permit system
- Concealed carry is regulated entirely by state law
- 29 states have adopted constitutional carry (no permit required) as of 2026
- LEOSA (18 USC § 926B-926C) provides nationwide carry for qualified current and retired law enforcement officers
California Law
- CCW permit required to carry a concealed firearm in public
- Post-Bruen, California is now shall-issue (SB 2, effective January 2024)
- Requirements: 21+, background check, 16 hours of training, good moral character, no disqualifying conditions
- SB 2 imposed 26 "sensitive places" where even CCW holders cannot carry (20 currently enforceable)
- See our SB 2 Sensitive Places Guide for details
8. NFA Items (Suppressors, SBRs, SBSs, AOWs)
Federal Law
- NFA items are legal with ATF registration under 26 USC § 5801–5872
- The $200 tax stamp was eliminated by H.R. 1 in 2026 — registration is now free
- ATF Form 4 (transfer) or Form 1 (making) still required
- Machine guns: only pre-May 1986 registered models legal for civilians (Hughes Amendment)
- See our ATF Form 4473 Guide for NFA details
California Law
- Suppressors: Prohibited Cal. Penal Code § 33410
- Short-barreled rifles: Prohibited Cal. Penal Code § 33215
- Short-barreled shotguns: Prohibited Cal. Penal Code § 33215
- Machine guns: Prohibited Cal. Penal Code § 32625
- No exceptions for federal NFA registration — possession is a felony regardless
9. Handgun Roster
Federal Law
- No federal handgun roster or approved list
- Any handgun not classified as an NFA item or destructive device is legal to purchase and possess
- There is no federal requirement for microstamping, loaded chamber indicators, or magazine disconnect safeties
California Law
- Only handguns on the California Roster of Certified Handguns may be sold by FFLs Cal. Penal Code § 32000
- Roster requires: drop safety test, firing pin safety, loaded chamber indicator, and (since 2013) microstamping capability
- No manufacturer has been able to meet the microstamping requirement, so no new models have been added since 2013
- The roster has shrunk from ~1,200 models to under 250 as certifications expire
- Off-roster handguns can be acquired through private party transfers, law enforcement sales, or intrafamily transfers
- See our California Handgun Roster Explained
State Gun Law Reference Books
Keep a comprehensive state-by-state gun law reference guide on hand. Essential for anyone who travels with firearms or wants to understand the patchwork of American firearms regulations.
Browse Gun Law Books on Amazon10. Red Flag Laws (Extreme Risk Protection Orders)
Federal Law
- No federal red flag / extreme risk protection order law
- The Bipartisan Safer Communities Act (2022) provided federal grants to incentivize states to adopt red flag laws, but did not create a federal mechanism
- Federal prohibited persons categories (18 USC § 922(g)) address some of the same concerns but through different mechanisms
California Law
- Gun Violence Restraining Orders (GVROs) under Cal. Penal Code § 18100–18205
- Can be filed by law enforcement, family members, employers, coworkers, or teachers
- Temporary GVRO: ex parte (without the gun owner present), lasts 21 days
- GVRO after hearing: lasts 1-5 years, with annual renewal possible
- Requires surrender of all firearms and ammunition
- Subject has the right to a hearing within 21 days and can petition to terminate the order
11. Safe Storage
Federal Law
- No federal safe storage requirement
- FFLs must provide a locking device with every firearm sold (Child Safety Lock Act, 18 USC § 922(z))
- Federal law does not require gun owners to store firearms in any particular way
California Law
- SB 53 (effective 2026): Requires all firearms to be stored in a locked container or secured with a locking device when not being carried or in immediate control of the owner
- Criminal storage: Under Cal. Penal Code § 25100, it is a crime if a minor gains access to a negligently stored firearm
- Applies to all firearms in the home, not just when children are present (under SB 53)
- Violations are misdemeanors; can be charged as felonies if death or great bodily injury results
12. Preemption
Does Federal Law Preempt State Law?
- Mostly NO. Federal firearms law generally sets a floor, not a ceiling
- States are free to impose stricter regulations than federal law
- Exceptions: NFA registration (federal only), interstate commerce regulations, LEOSA (overrides state carry restrictions for qualified LEOs)
- The Supremacy Clause applies only where federal law explicitly preempts or directly conflicts with state law
Does California State Law Preempt Local Ordinances?
- YES (mostly). California has strong state preemption under Cal. Gov. Code § 53071
- Cities and counties generally cannot enact firearms laws that are more restrictive than state law
- Limited exceptions: local governments can regulate the discharge of firearms, zoning of gun stores, and some other narrow areas
- Some cities (San Francisco, Los Angeles) have attempted to enact local gun regulations, which have been challenged under preemption
Additional Differences
Background Checks
Federal: NICS background check required for all FFL transactions. Private sales between non-licensees do not require a federal background check (the so-called "private sale exception").
California: All firearms transfers — including private party sales, gifts, and loans over 30 days — must go through an FFL with a background check and DROS submission. There is no private sale exception in California. California runs its own background check through the California DOJ in addition to the federal NICS check.
Registration
Federal: No general firearms registration requirement. Federal law 18 USC § 926(a) actually prohibits the ATF from establishing a firearms registry. Only NFA items must be registered.
California: All firearms are effectively registered through the DROS (Dealer Record of Sale) system, which records every transfer with the California DOJ. The state maintains the Automated Firearms System (AFS) database of all registered firearms and their owners.
Firearms Safety Certificate
Federal: No federal requirement for any safety certificate or training to purchase a firearm.
California: A Firearm Safety Certificate (FSC) is required to purchase any firearm. The FSC is obtained by passing a 30-question written test administered by a DOJ Certified Instructor. The certificate is valid for 5 years. Additionally, a safe handling demonstration is required for all handgun purchases and semiautomatic centerfire rifle purchases.
Age Requirements
Federal: 18 to purchase long guns (rifles and shotguns) from an FFL; 21 to purchase handguns from an FFL. No age requirement for possession (state law governs). Private sales are not subject to the 21-year handgun restriction at the federal level.
California: 21 to purchase any firearm (handgun or long gun), with limited exceptions for active military and law enforcement under Cal. Penal Code § 27510.
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To put it in perspective, here is a summary of the additional burdens California places on gun owners beyond what federal law requires:
| Additional California Requirement | Statute | Federal Equivalent |
|---|---|---|
| Assault weapons ban (features-based) | Cal. Penal Code § 30500-30530 | None (expired 2004) |
| 10-round magazine limit | Cal. Penal Code § 32310 | None |
| 10-day waiting period | Cal. Penal Code § 26815/27540 | None |
| 3-per-30-day purchase limit | Cal. Penal Code § 27535 | None |
| Ammunition background check | Cal. Penal Code § 30370 | None |
| Handgun roster (approved list) | Cal. Penal Code § 32000 | None |
| Firearm Safety Certificate | Cal. Penal Code § 31615 | None |
| Universal background checks (private sales) | Cal. Penal Code § 27545 | None |
| De facto registration (DROS/AFS) | Cal. Penal Code § 28100-28255 | Prohibited (18 USC § 926(a)) |
| Red flag law (GVRO) | Cal. Penal Code § 18100-18205 | None |
| Safe storage mandate | Cal. Penal Code § 25100 / SB 53 | None |
| Suppressor/SBR/SBS prohibition | Cal. Penal Code § 33410/33215 | Legal with NFA registration |
| CCW sensitive places (SB 2) | Cal. Penal Code § 26230 | None (except federal buildings) |
| Minimum age 21 for all firearms | Cal. Penal Code § 27510 | 21 for handguns only; 18 for long guns |
What This Means for Gun Owners
The practical implications depend on who you are and where you are:
If You Live in California
You must comply with both federal and California law. Since California law is more restrictive in virtually every category, complying with California law will generally keep you compliant with federal law as well (with the exception of NFA items, where federal registration is required even if the item is also prohibited by state law — meaning possessing an unregistered NFA item is a separate federal crime on top of the state crime).
If You Are Moving to California
You have 60 days after establishing residency to register all firearms you bring into the state using the California DOJ's New Resident Report of Firearm Ownership form. Any firearms that are illegal in California (assault weapons, off-roster handguns you bring in for personal use, magazines over 10 rounds, NFA items) must be disposed of before moving or within a limited time after arrival. Bringing prohibited firearms into California is a felony.
If You Are Visiting California
Your out-of-state CCW permit is not recognized in California. California does not honor any other state's concealed carry permit. Additionally, any firearm you bring must be California-compliant (no assault weapon features, 10-round magazines only, no prohibited NFA items). Transport must comply with California law: unloaded, in a locked container, separate from ammunition.
If You Are Buying Online
All online firearm purchases must be shipped to a California FFL, where you will complete the 4473, undergo a background check, pay the DROS fee, and wait the 10-day waiting period. Online ammunition purchases must be shipped to a licensed ammunition vendor for in-person pickup with a background check. There is no workaround for these requirements.
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This article is for educational and informational purposes only and does not constitute legal advice. Federal and California firearms laws are complex, overlapping, and subject to frequent changes through legislation and court rulings. Always consult a qualified attorney before making decisions based on this information. The information in this article is believed to be accurate as of February 2026 but may have changed since publication.