Am I able to legally take a revolver to California while I go on a pack trip?

[rintinglen]

FINDLAW /
CODES /
CALIFORNIA /
PENAL CODE /
§ 22810
California Code, Penal Code - PEN § 22810
Current as of January 01, 2023 | Updated by FindLaw Staff

Notwithstanding any other provision of law, any person may purchase, possess, or use tear gas or any tear gas weapon for the projection or release of tear gas if the tear gas or tear gas weapon is used solely for self-defense purposes, subject to the following requirements:

(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of tear gas under subdivision (g), shall purchase, possess, or use tear gas or any tear gas weapon.

(b) No person addicted to any narcotic drug shall purchase, possess, or use tear gas or any tear gas weapon.

(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.

(d) No minor shall purchase, possess, or use tear gas or any tear gas weapon.

(e)(1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray.

(2) Every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that states: “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous--use with care.”

(3) After January 1, 1984, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that discloses the date on which the useful life of the tear gas weapon expires.

(4) Every tear gas container and tear gas weapon that may be lawfully purchased pursuant to this section shall be accompanied at the time of purchase by printed instructions for use.

(f) Effective March 1, 1994, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall be accompanied by an insert including directions for use, first aid information, safety and storage information, and explanation of the legal ramifications of improper use of the tear gas container or tear gas product.

(g)(1) Except as provided in paragraph (2), any person who uses tear gas or any tear gas weapon except in self-defense is guilty of a public offense and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment.

(2) If the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment.

Also that you may not take pepper spray into a polling place, school, State Capitol Building, courthouse and a number of other places. Municipalities may have further ordinances.

Also, read this from the National Parks Service:
"Can I bring a weapon or firearms into the parks?
Weapons (including, but not limited to, BB, Pellet and Paint Guns, Bow/Arrow, Slingshots, Bear Spray and other compressed gas irritant devices) are illegal to possess. Discharge of a firearm or weapon is prohibited within Sequoia & Kings Canyon National Parks."

Note: Bear Spray is not prohibited and is in fact encouraged for carry in most other state and national parks. I have had rangers recommend it while hiking in the Cleveland National Forest. Apparently the bears in Kings and Sequoia National Parks are not a threat and no mountain lions nor 2 legged predators are found there either. However, note the 2.5 ounce limit in 22810 e(1).

[Duckiller]

I left California in Nov. 2020. At that time local government could not make laws that were harsher than State law. I doubt if that has changed. DOJ and State legislature don't want to share power with local government. California has little problem with revolvers. Single action revolvers are exempt from the gun list. Call the State DOJ they will tell you how to stay out of trouble. Totally ignore people on the internet that don't live in California. They don't know what they are talking about and they hate California.

[schutzen-jager]

I left California in Nov. 2020. At that time local government could not make laws that were harsher than State law. I doubt if that has changed. DOJ and State legislature don't want to share power with local government. California has little problem with revolvers. Single action revolvers are exempt from the gun list. Call the State DOJ they will tell you how to stay out of trouble. Totally ignore people on the internet that don't live in California. They don't know what they are talking about and they hate California.

totally agree - very foolish to obtain legal advice from any internet source except the issuing regulatory agency, + that can change at anytime + can be subject to different legal interpretations -

[WRideout]

I am currently reviewing CA gun laws for the past 2 years to bring me up to date.
As far as I understand its ok to bring in a firearm unless it is a REGISTERED ASAULT WEAPON as defined by CA law.
You may not cross the CA border with ammo, as it is illegal to import into the state without going through a FFL, see below. You would have to buy ammo here, but would then need CA id and a background check and pay a fee to purchase through a FFL/gun shop. You can buy ammo at a gun range, but must consume it all there.
If you want upto date info go to calguns.net and ask there.
Using firearms for protection out in the wilds, is pretty much a no no, and that is why I don't venture out there.

UPDATE, it appears that non california residents may bring ammunition with them into california, they just can not buy it here unless at a range where it must be consumed.

Would having a friend buy ammo for you qualify as a "straw purchase?"
Wayne

[WRideout]

I left California in Nov. 2020. At that time local government could not make laws that were harsher than State law. I doubt if that has changed. DOJ and State legislature don't want to share power with local government. California has little problem with revolvers. Single action revolvers are exempt from the gun list. Call the State DOJ they will tell you how to stay out of trouble. Totally ignore people on the internet that don't live in California. They don't know what they are talking about and they hate California.

It is my understanding that local laws regarding firearms are superseded by state law, and local government has no authority to regulate them. Having said that, local governments still try to enact regulations restricting firearms that may be illegal however if one is prosecuted anyway, it will be up to the individual to prove that the municipality does not have that authority. Attorney fees, court costs, etc. will abound.
Wayne

[schutzen-jager]

Would having a friend buy ammo for you qualify as a "straw purchase?"
Wayne

in my state it definitely would !

[.429&H110]

Disappointed about the slingshot ban. Haven't seen my coyotes for a while.
IMHO 2.5 oz would make a bear sneeze, maybe.
Four people with four small cans might work out though.

Gotta look up AZ and see if 2.5 is the limit here, too.

[Bird]

Would having a friend buy ammo for you qualify as a "straw purchase?"
Wayne

Yes. Ammo transfers must be done through a FFL, and to include a background check.

[chutestrate]

I'll be happy with a good walking stick, bear spray and a knife.

[WILCO]

Better off staying out of CA.

[elmacgyver0]

Personally, I'd ask for forgiveness instead of permission. But in Oklahoma we view things a little differently... Including our views on visiting known hostile states....

Problem is: liberals are not too forgiving.

[jdgabbard]

Problem is: liberals are not too forgiving.

Re-read that last sentence.

[.429&H110]

The things I learn on this forum!
Thank you!

Never occurred to me, my bear spray in the Coronado National Forest or Madeira Canyon is illegal.

UAF "Bear Safety"
(other afternoon class is "Safety Around Bears")
(you have to go, it is safety training...)
(one class, you are safe, other class the bear is safe)
recommended and trained on
>>> UDAP Pepper Power Bear Deterrent<<<
I have two, looking at this one:
Nine inches long, Two inches in diameter, fits in a back pocket.
Label claims 2% capsaisin and I have shot one of these, be upwind.

7.9 oz (225gr) it has a lot of spray to spray like a squirt gun.

Illegal, breaks my heart! Glad I found out.
I'm glad I can hit with my slingshot. Don't sneer, it's a weapon.
But not a good idea in CA or NJ or the National Forest. Bear Safety?

[schutzen-jager]

Illegal, breaks my heart! Glad I found out.
I'm glad I can hit with my slingshot. Don't sneer, it's a weapon.
But not a good idea in CA or NJ or the National Forest. Bear Safety?
429&h110
hard to believe but, it is totally forbidden + a felony to even possess a slingshot here in New Jersey ! -

[.429&H110]

Made the joke before:

"Little David's Sling" is legal in NJ
Really!
They did not want to outlaw thongs...

[schutzen-jager]

direct from NJ 2c39-3 - paragraf E
e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

[jdgabbard]

direct from NJ 2c39-3 - paragraf E
e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

^^^ That is absolutely ridiculous. A stick with a rubber band is illegal??? That said, switchblades and "metal knuckles" or as we call them "brass knuckles" are illegal here too. But nobody cares about automatics and assisted knives. They'll still get you for knuckle dusters, but again, I'd rather ask forgiveness than permission where it concerns how I protect myself.

[MT Gianni]

Yes you can take whatever firearm you want as long as it is encased in a 4" coating of Lucite.