The Second Amendment: What You Need To Know
April 4, 2025 | Nafiz M. Ahmed
California gun and weapons offenses can result in significant legal challenges. The Second Amendment provides essential rights to California citizens. However, facing weapons charges in San Jose can impact those rights. Here’s what you need to know about the Second Amendment and legally possessing a firearm in California.
What Does the Second Amendment Mean?
One of the most debated amendments in the Constitution is the Second Amendment, which states the right of the people to own and use firearms. As a resident, various factors impact your right to own a firearm in California. While the scope of the Second Amendment in defining who may own a firearm raises questions, state law determines who can own a gun in California.
What are California’s Gun Laws?
The Second Amendment allows the right to bear arms. California law builds on the Constitution’s Second Amendment, stating you must meet specific requirements. To buy, own, or possess a firearm, you must:
- Provide proof of age, being 21 or older
- Obtain a Firearm Safety Certificate (FSC) before acquiring a firearm
- Wait 10 days before obtaining a gun
- Provide proof of residency
Individuals at least 18 years old or older with a valid hunting license who want to own or possess a long gun are not required to obtain a Firearm Safety Certificate. You may also purchase a firearm legally if you are under 21 but at least 18 if you are an active peace officer, active federal officer, or law enforcement agent possessing authorization to carry a gun, an active member of the US Armed Forces, or an honorably discharged member of the US Armed Forces.
Who Cannot Legally Own a Gun in California?
You are prohibited from owning a gun in California if you fall under any of the California Department of Justice Firearms Prohibiting Categories or have convictions for certain misdemeanors. The following individuals may not possess or buy a gun in California:
- Convicted felons
- Persons with at least two brandishing weapon charges
- Narcotics addicts
- Convicted domestic violence offender
- The mentally ill
California law also prevents those who cannot own a firearm from owning ammunition.
How Can I Carry a Concealed Firearm in San Jose, California?
Obtaining a Carry Concealed Weapon (CCW) permit may occur through the California county sheriff for county residents or the chief of police for city residents. Any concealed carry permit originating from another state is not valid in California. Get answers to your questions about obtaining a Carry Concealed Weapons permit and your N.R.A. firearms rights in Northern California.
What Are the Registration Requirements for Firearms in California?
You must report any California-legal firearms you bring into the state when moving to California within 60 days. Submit a New Resident Report of Firearm Ownership form and your processing fee. Assault weapons owners and personal handgun importers must register firearms with the state.
Buying a gun from a licensed firearms dealer in California requires you to undergo a background investigation, recording the purchase with the Department of Firearms. No additional registration steps are necessary.
Is Restoring My Second Amendment Rights Possible After a Conviction in California?
It may be possible to restore your firearms rights as long as a conviction is not the result of a dangerous weapons felony or domestic violence conviction. However, restoring your Second Amendment right to bear arms is complex. Reducing a felony offense to a misdemeanor conviction may allow for restoring your rights. Otherwise, you must apply for a pardon by the Governor of California and receive it.
Protect Your Second Amendment Rights in San Jose, California
The Second Amendment is a federal law protecting the right to keep and bear arms. However, California gun laws are strict and complex. Schedule a consultation with a San Jose, CA, weapons charges lawyer to get answers about your rights as a firearms owner in California.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500