California machine gun laws make it a felony for private citizens to possess, transport, sell, manufacture, or convert a machine gun. Simple possession under Penal Code 32625(a) carries up to three years in county jail and a $10,000 fine; selling, manufacturing, or converting one carries four, six, or eight years.1California Legislative Information. California Code PEN 32625 – Machineguns The state Department of Justice can issue permits in narrow circumstances, but approvals are rare and limited to applicants who can show good cause. For anyone without an active DOJ permit or a qualifying law enforcement role, a machine gun in California means a felony charge.
What California Counts as a Machine Gun
Penal Code 16880 defines a machine gun as any weapon that fires more than one shot automatically with a single pull of the trigger, without the shooter needing to manually reload between shots.2California Legislative Information. California Code PEN 16880 The definition tracks the federal National Firearms Act but reaches further in ways that catch people off guard.
The statute covers more than complete, working firearms. It also covers the frame or receiver of a machine gun, any part designed exclusively for converting a regular firearm into one, and any collection of parts that could be assembled into a machine gun if those parts are in your possession or control.2California Legislative Information. California Code PEN 16880 Auto sears and similar conversion components fall squarely under this definition whether or not they have been installed in a firearm.
A recent amendment pulled in another category. Section 16880 now reaches any weapon the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has deemed readily convertible to a machine gun, as well as any pistol equipped with a “pistol converter” device.2California Legislative Information. California Code PEN 16880 That expansion targets the small aftermarket switches sold to turn common handguns into automatic weapons.
Penalties for Possession and Transport
Under Penal Code 32625(a), possessing or knowingly transporting a machine gun is a felony. The sentence runs under Penal Code 1170(h), which generally means county jail: 16 months, two years, or three years, plus a fine of up to $10,000.1California Legislative Information. California Code PEN 32625 – Machineguns A defendant with a prior serious felony under Penal Code 1192.7, a prior violent felony under Penal Code 667.5, or sex offender registration status serves the time in state prison instead.3California Legislative Information. California Code PEN 1170(h)
Machine gun violations are always felonies. Unlike many California firearm offenses that can be reduced to misdemeanors, this one cannot.
Penalties for Selling, Manufacturing, or Converting
The exposure jumps for anyone who sells, offers to sell, manufactures, or intentionally converts a firearm into a machine gun. Penal Code 32625(b) sets a prison term of four, six, or eight years, with six years as the presumptive middle term.1California Legislative Information. California Code PEN 32625 – Machineguns The split between the two subsections is substantial: holding a machine gun someone else built tops out at three years, while building, converting, or selling one tops out at eight.
If the machine gun is used during another felony, Penal Code 12022.5(b) adds a consecutive enhancement of five, six, or ten years on top of the sentence for the underlying crime.4California Legislative Information. California Code PEN 12022.5 – Personal Use of Firearm Enhancement Gang-related cases can draw further time under Penal Code 186.22, and assault with a machine gun is itself a serious felony, meaning a strike under California’s Three Strikes Law.5California Legislative Information. California Code Penal Code 186.22
Banned Trigger Devices
Separate from the machine gun ban itself, Penal Code 16930 outlaws “multiburst trigger activators.” These are accessories designed to boost a semi-automatic firearm’s rate of fire without technically converting it into a machine gun. The statute covers:6California Legislative Information. California Code Penal Code 16930 – Multiburst Trigger Activator
- Bump stocks that use recoil to push the firearm back and forth against a stationary trigger finger.
- Burst triggers, spring-loaded devices placed inside the trigger guard that harness recoil to work the trigger repeatedly.
- Trigger cranks, hand-cranked mechanisms that activate the trigger in rapid succession.
- Any aftermarket trigger that allows more than one round to fire from a single trigger pull.
That last category is the broadest and the most recently expanded. It acts as a catch-all for new trigger products built to skirt the machine gun definition while reaching a similar result. Possessing any of these devices in California is illegal whether or not the device is installed on a firearm.
Permits and Exemptions
DOJ Permits for Civilians
Penal Code 32650 authorizes the Department of Justice to issue machine gun permits for possession, manufacture, or transportation on a showing of good cause.7California Legislative Information. California Code PEN 32650 The applicant must be at least 18, and a permit can only be issued to an individual, not a business entity.
The statute does not define “good cause,” which gives the DOJ wide discretion to deny applications. These permits are exceedingly rare for private citizens. Approvals tend to involve narrow professional categories such as specialized security consultants or firearms researchers, and even those applicants are not guaranteed a yes.
Entertainment Industry
A separate entertainment firearms permit under Penal Code 29500 is available to applicants at least 21 years old. It allows the holder to possess firearms loaned for use as props in film, television, and theatrical productions.8California Legislative Information. California Code PEN 29500 Productions using actual machine guns also need a DOJ permit under Section 32650. In practice, most productions work through licensed prop houses that already hold the required permits.
Law Enforcement and Military
California parallels federal law in exempting law enforcement officers, federal agents, and military personnel who possess machine guns for official duties with their agency’s authorization. The exemption attaches to the authorized duty, not to the person. An officer who keeps a department machine gun after leaving the agency faces the same criminal exposure as any other illegal possessor.
How Federal Law Interacts With California’s Ban
Federal law makes it illegal under 18 U.S.C. 922(o) to transfer or possess any machine gun, with two exceptions: possession by government agencies for official purposes, and machine guns lawfully owned before May 19, 1986.9Office of the Law Revision Counsel. 18 USC 922 A violation can draw up to ten years in federal prison plus fines.10Office of the Law Revision Counsel. 18 USC 924 – Penalties
The pre-1986 grandfather clause does not help in California. A pre-1986 machine gun that is lawful federally remains illegal to possess in the state without a DOJ permit. State and federal charges can also be filed from the same conduct, because they arise from separate sovereigns. Federal prosecutors typically get involved when illegal machine guns cross state lines, appear in trafficking operations, or surface in cases already under federal investigation.
If You Inherit or Find a Machine Gun
This situation comes up more often than people expect. A relative dies, and the family finds a machine gun while clearing out the house. Holding onto it, even briefly, creates felony exposure under Penal Code 32625(a). California law does not include a grace period for people who come into possession through inheritance.
Any federal transfer of an NFA firearm, including to an heir, requires ATF approval before the transfer takes place.11Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Ruling 2006-2 ATF approval alone does not make the weapon legal to keep in California, because the state prohibits private possession regardless of federal registration status. The realistic options are surrendering the weapon to law enforcement, transferring it to a licensed dealer for destruction or out-of-state sale, or applying for a DOJ permit under Section 32650, which is unlikely to be granted without a strong professional justification.
Until the weapon is out of your custody, store it unloaded in a locked container separate from ammunition, and contact local law enforcement or a licensed firearms dealer promptly. If the executor is personally prohibited from possessing firearms, arrange immediately for law enforcement or a licensed dealer to take custody.