California gun law exemptions are narrow, specific, and conditional. The Penal Code gives active peace officers the widest pass; retired officers, concealed carry license holders, registered assault weapon owners, immediate family members in private transfers, hunters and sport shooters in transit, entertainment permittees, antique and curio collectors, licensed dealers and manufacturers, and interstate travelers under federal law each get something narrower. Every exemption is tied to conditions, and stepping outside those conditions turns otherwise lawful possession into a criminal offense.
Active Peace Officers
Active peace officers defined in Penal Code Sections 830.1, 830.2, and 830.33 get the broadest set of carve-outs. Section 25900 exempts them from the loaded-firearm-in-public offense in Section 25850, and Section 25400’s concealed carry prohibition does not reach them either.1Justia. California Code Penal Code 25900-25925 – Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public
The exemptions reach past carry. Under Section 26950, a full-time paid peace officer whose employer has authorized duty carry is exempt from the standard 10-day waiting period on firearm purchases, provided they present written certification from their agency head at the point of sale.2California Legislative Information. California Penal Code 26950 Section 32405 lets peace officers authorized to carry in the course of their duties buy, possess, and import magazines holding more than 10 rounds.3California Legislative Information. California Penal Code 32405
Retired Peace Officers
Honorably retired officers who were authorized to carry during their career keep the Section 25900 exemption from the loaded-firearm-in-public rule, but with ongoing conditions.1Justia. California Code Penal Code 25900-25925 – Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public Section 25925 requires them to meet the training standards of Section 832 and to qualify with their firearm at least once a year. Responsibility for maintaining eligibility sits with the retired officer. Let the qualification lapse and the exemption is gone.
A separate federal statute reaches further. The Law Enforcement Officers Safety Act, 18 U.S.C. §§ 926B and 926C, authorizes qualified active and retired officers to carry a concealed firearm in any state regardless of state law.4Office of the Law Revision Counsel. 18 USC 926B – Interstate Transportation of Firearms For retirees, LEOSA requires at least 10 years of aggregate service (or separation due to a service-connected disability), separation in good standing, and annual firearms qualification at the retiree’s own expense.5Office of the Law Revision Counsel. 18 USC 926C – Carrying of Concealed Firearms by Qualified Retired Law Enforcement Officers The officer must carry either a photographic ID from the former agency showing recent qualification or an agency ID paired with a state-issued certification confirming active-officer standards within the past year.
LEOSA does not cover machine guns, silencers, or destructive devices. It does not override private property owners who ban firearms, and it does not override state laws prohibiting firearms on government property.
Military and Federal Officers on Duty
Armed Forces and National Guard members on active duty are exempt from many California firearm restrictions when acting under orders and authorized by their commanding officer. Federal employees authorized by law to carry in the course of official duties, including those in law enforcement, investigation, or prosecution, are also exempt from the prohibition on firearms in federal facilities under 18 U.S.C. § 930(d).6Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities These exemptions apply only while the person is performing official duties. Off-duty military personnel in California follow the same rules as everyone else.
Concealed Carry License Holders
A valid California Concealed Carry License exempts the holder from the concealed-firearm prohibition. Penal Code Section 25655 states that Section 25400 does not apply to someone authorized to carry under the licensing provisions of Chapter 4.7California Legislative Information. California Penal Code 25655 The license does not exempt the holder from location-based restrictions, and after Senate Bill 2 those restrictions expanded sharply.
Sensitive Places Under SB 2
Penal Code Section 26230, as amended by SB 2, lists 26 categories of locations where CCL holders may not carry. As of early 2025, 20 are enforceable; six are blocked by a federal court preliminary injunction issued in December 2023, covering medical facilities, public transit, public gatherings requiring permits, places of worship, financial institutions, and certain private parking lots.8State of California – Department of Justice – Office of the Attorney General. 2025-DLE-06 Additional Restrictions on CCW License Holders The injunction could be lifted or modified, so checking the DOJ’s current guidance matters before relying on any of the six.
The enforceable categories include school zones (per Section 626.9), preschools, and childcare facilities; state executive and legislative buildings, courthouses, local government buildings, police stations, and detention facilities; colleges and universities; public parks, athletic areas, playgrounds, youth centers, amusement parks, zoos, and museums (including adjacent streets and sidewalks); bars and restaurants that serve alcohol; stadiums, arenas, and casinos; public libraries; airports and passenger vessel terminals; polling places; and nuclear facilities.
The Private Business Default
The most consequential change under SB 2 is the default for private commercial property. Under Section 26230(a)(26), CCL holders may not carry in any privately owned commercial establishment open to the public unless the owner posts a sign — in a uniform DOJ-prescribed design, at least four by six inches — indicating firearms are permitted.9LegiScan. Bill Text CA SB2 2023-2024 Regular Session Most businesses will not post such a sign. In practice, CCL holders are shut out of most retail stores, restaurants, and commercial spaces. This provision is among those being challenged in court, so enforcement may shift.
What a California CCL Does Not Do
A California CCL does not exempt the holder from the federal background check when buying a firearm. Some states’ permits qualify as alternatives to the NICS check under 18 U.S.C. § 922(t)(3); California’s does not. The ATF’s Brady Permit Chart confirms this, and California law independently requires a background check at every dealer transfer.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
Registered Assault Weapon Owners
California bans the sale, transfer, and possession of firearms classified as assault weapons under Penal Code Sections 30510 and 30515, and magazines holding more than 10 rounds under Section 32310.11State of California Department of Justice. California Assault Weapons Laws Possessing a large-capacity magazine is punishable as an infraction (up to $100 per magazine) or as a misdemeanor (up to one year in county jail).12California Legislative Information. California Penal Code PEN 32310 The main civilian exemption is grandfathering through timely registration.
Bullet-button rifles lawfully possessed before January 1, 2017, had until June 30, 2018, to register with the DOJ under Section 30900(b).13State of California – Department of Justice – Office of the Attorney General. Bullet-Button Assault-Weapon Registration Information Firearms meeting the added definitions in Section 30515(a)(9)–(11) that were lawfully possessed before September 1, 2020, had a window that closed on December 31, 2021.14State of California – Department of Justice – Office of the Attorney General. Other Assault Weapon Information All of these windows are closed. If you missed the deadline, no current path to register exists, and possession of an unregistered assault weapon is a crime.
Registration exempts possession, not transfer. The DOJ’s limited options for disposing of a registered assault weapon are: sell it to a licensed dealer holding a DOJ Dangerous Weapons Permit, sell it to certain peace officers with written agency approval, permanently disable it, or remove it from California.15State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions – Registered Assault Weapons If you inherit a registered assault weapon, you have 90 days to choose one of those options. An ordinary gun store cannot accept or transfer these weapons.
Immediate Family Transfers
California generally routes all firearm transfers through a licensed dealer, but Penal Code Section 27875 exempts transfers between immediate family members by gift, bequest, or inheritance.16California Legislative Information. California Penal Code 27875 “Immediate family” here means parent, child, or grandparent. Siblings, cousins, aunts, and uncles are not covered.
Conditions still apply. The recipient must file a report with the DOJ within 30 days describing the firearm, how they obtained it, and from whom. The recipient must hold a valid firearm safety certificate, or for handguns a valid unexpired handgun safety certificate. The recipient must be at least 18. And the transfer must be infrequent as defined in Section 16730. Filing false information on the DOJ report is a misdemeanor. The exemption does not override other prohibitions: if the firearm is an assault weapon, the assault weapon transfer rules still apply regardless of family relationship.
Hunting, Sport, and Entertainment
Section 25400’s concealed carry prohibition does not apply to a person transporting a firearm directly to or from a hunter safety class, a recognized sporting event involving that firearm, or a licensed target range.17Justia. California Code Penal Code 25505-25595 – Conditional Exemptions Section 25505 sets the conditions: the firearm must be unloaded and stored in a locked container during transport, and the route must go directly between your starting point and the authorized location without unnecessary detours.
The entertainment industry has a parallel permit. Penal Code Section 29500 lets anyone 21 or older apply to the DOJ for an entertainment firearms permit, which authorizes possession of firearms loaned to the permit holder for use as a prop in film, television, theater, or other productions. It does not grant general carry or ownership rights, and it covers only loaned firearms used in the production context.
Antique, Curio, and Relic Firearms
Firearms manufactured before 1899 are classified as “antique firearms” under Penal Code Section 16170 and are excluded from California’s definition of “firearm” for many purposes, including dealer transfer requirements and several possession restrictions. The exclusion generally applies only when the antique firearm is unloaded.
Curio and Relic firearms, defined under federal regulation as firearms at least 50 years old or of special collector interest, get a narrower carve-out.18Bureau of Alcohol, Tobacco, Firearms and Explosives. Curios and Relics They are exempt from the Unsafe Handgun Act’s roster requirements, so a C&R handgun not on California’s approved roster can be transferred to a collector holding a Federal Firearms License Type 03 and a California Certificate of Eligibility. C&R status does not override the assault weapon classification. A 50-year-old rifle that meets California’s functional definition in Section 30515 is still illegal to possess without prior registration.
Licensed Dealers, Manufacturers, and Importers
Federal Firearms License holders, manufacturers, importers, and dealers may handle otherwise-prohibited items for specific commercial purposes. These businesses may manufacture, import, and possess assault weapons and large-capacity magazines, but only when the items are destined for sale to exempt entities such as law enforcement agencies or military branches, or for export out of state. The large-capacity magazine exemption requires a permit from the Department of Justice.
Interstate Travelers Under Federal Safe Passage
Travelers passing through California may be protected by the Firearm Owners Protection Act, 18 U.S.C. § 926A. FOPA overrides state and local restrictions for anyone transporting a firearm from one place where they may legally possess it to another place where they may legally possess it.19Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms Both ends of the trip must be lawful. FOPA does not help if origin or destination is a place where you cannot legally have the firearm.
Conditions during transport are strict. The firearm must be unloaded, and neither the firearm nor any ammunition can be readily accessible from the passenger compartment. In a car with a trunk, that is where both go. In an SUV or pickup with no separate compartment, the firearm and ammunition each have to sit in a locked container other than the glove compartment or center console.19Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
FOPA covers transport, not use. You cannot draw or fire the weapon while in transit. Short stops for gas and food are generally considered acceptable, but an extended stay in California — an overnight hotel, visiting friends — may take you outside FOPA’s protection. That is where travelers tend to get into trouble, treating a transit statute as general permission.
Ammunition Purchases Are Not Exempt
Being exempt from a firearm restriction does not clear you from California’s ammunition background check. As of July 1, 2025, the DOJ charges $5.00 for a Standard Ammunition Eligibility Check, up from $1.00, each time you buy ammunition.20State of California – Department of Justice – Office of the Attorney General. Regulations – Ammunition Purchase Fee Peace officers and certain other exempt individuals may bypass the check, but most civilians, including CCL holders, must pass it at every purchase. The fee applies per transaction, not per box, so consolidating purchases reduces the running cost.