Quick facts
- Federal rule for buyers: a person may not bring home or receive in their state of residence a firearm obtained outside that state, with listed exceptions (18 U.S.C. 922(a)(3)).
- California rule: since January 1, 2015, a resident who obtains any firearm outside the state must first have it delivered to a California dealer (Penal Code 27585(a)).
- Inheritance: exempt from the dealer step if the conditions are met and a report is filed within 30 days (Penal Code 27875(b)).
What does federal law say?
Three parts of 18 U.S.C. 922 matter here:
- Subsection (a)(3) makes it unlawful for a person who is not a licensee to transport into or receive in the state where they reside a firearm "purchased or otherwise obtained" outside that state. The exceptions include a firearm lawfully acquired by bequest or intestate succession, if the person may lawfully purchase or possess it in their home state, and a rifle or shotgun obtained under (b)(3).
- Subsection (b)(3) bars a licensed dealer from selling or delivering a firearm to someone who does not reside in the dealer's state. It does not apply to a rifle or shotgun when the buyer meets the dealer in person and "the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States."
- Subsection (a)(5) bars a private person from transferring a firearm to another unlicensed person who the transferor knows or has reasonable cause to believe lives in another state, except to carry out a bequest or intestate succession, or as a temporary loan for lawful sporting purposes.
Federal regulations repeat these rules (27 CFR 478.29, 27 CFR 478.30) and define state of residence as the state where a person is present with the intention of making a home (27 CFR 478.11).
What does California add?
Penal Code 27585(a) says a California resident "shall not import into this state, bring into this state, or transport into this state" any firearm purchased or otherwise obtained outside the state on or after January 1, 2015, unless the firearm is first delivered to a California dealer. The dealer then delivers it to the resident under the same procedures as any other dealer sale, which include the background check and waiting period described in the DROS guide.
The words "purchased or otherwise obtained" mean the rule is not limited to purchases.
How are handguns different from long guns?
Handguns. The federal in-person exception covers only a "rifle or shotgun." A handgun bought out of state is shipped to a California dealer, who is subject to the roster law (Penal Code 32000) and, since July 1, 2026, to the bar on selling or delivering a "semiautomatic machinegun-convertible pistol" (Penal Code 27595). See the roster lookup and the online purchase explainer.
Rifles and shotguns. Federal law would allow an in-person sale by an out-of-state dealer if the sale complies with both states' laws. California's own statute requires that a firearm obtained outside the state be delivered to a California dealer first (Penal Code 27585). Importing a firearm that meets California's definition of an assault weapon is a felony, except as the assault weapon chapter provides (Penal Code 30600).
What are the exceptions?
Penal Code 27585(b) lists the cases where the dealer-delivery rule does not apply. The ones most relevant to individuals are:
- Inheritance from immediate family. A person who acquires ownership "by bequest or intestate succession" from a parent, child, grandparent, or grandchild, has a Firearm Safety Certificate, is 18 or older, receives firearms this way only infrequently, and reports to DOJ within 30 days of taking possession and bringing the firearm into California (Penal Code 27875(b)). The report is form BOF 4544A (form).
- Surviving spouses, registered domestic partners, and estate representatives. Parallel rules with a 30-day report apply (Penal Code 27920(b), (c)). See the estate guide.
- Licensed collectors. A federally licensed California collector who acquires a curio or relic outside the state reports it within five days (Penal Code 27565). See the curio and relic explainer.
- New residents. A person moving in follows the new resident report rules instead (Penal Code 27560).
- Firearms already recorded to you. The rule does not apply to bringing back a firearm for which the person is listed in the state registry as the owner, or holds a Dealer's Record of Sale showing they received it. For a handgun, it also does not apply to a person licensed to carry that handgun (Penal Code 27585(b)(14)).
What about a gift from a relative in another state?
A living relative's gift is not a bequest or intestate succession. Federal law bars a private person from transferring a firearm to a resident of another state (18 U.S.C. 922(a)(5)), and California's exception for family in Penal Code 27875(b) is limited to bequest or intestate succession. Outside the listed exceptions, Penal Code 27585 calls for the firearm to be delivered to a California dealer first.
What about magazines and ammunition?
Importing a magazine that can accept more than 10 rounds is a crime, with the exceptions that chapter provides (Penal Code 32310). A resident also may not bring in ammunition obtained outside the state unless it is first delivered to a licensed ammunition vendor, with listed exceptions that include ammunition acquired from a spouse, registered domestic partner, or immediate family member (Penal Code 30314). See the ammunition background check explainer.
What changed recently
- 2026-07-01California dealers may not sell or deliver machinegun-convertible pistols, with listed exceptions (Penal Code 27595).
- 2026-04-01The purchase application limit changed from one firearm to three firearms in any 30-day period, with listed exceptions (Penal Code 27535).
FAQ
Can I carry a rifle home from a store in another state?
A California resident may not bring in a firearm obtained outside the state unless it is first delivered to a California dealer, with the exceptions listed in Penal Code 27585.
I inherited a pistol from my grandfather in another state. Does it go through a dealer?
The dealer-delivery rule does not apply to a firearm acquired from an immediate family member by bequest or intestate succession if the recipient has an FSC, is 18 or older, receives firearms this way only infrequently, and reports to DOJ within 30 days (Penal Code 27875(b)).
Does the rule apply to a gun I already own and took on a trip?
The dealer-delivery rule does not apply when the person is listed in the state registry as the owner of that firearm or holds the Dealer's Record of Sale for it (Penal Code 27585(b)(14)).
What is the penalty for skipping the dealer?
A violation involving a handgun or centerfire semiautomatic rifle is punishable by up to one year in county jail or by a felony sentence, by a fine of up to $1,000, or both. Other violations of the section are generally misdemeanors (Penal Code 27590(a), (c)(7)).
Sources
- 1.18 U.S.C. 922 (subsections (a)(3), (a)(5), and (b)(3))
- 2.27 CFR 478.29 (out-of-state acquisition by nonlicensees)
- 3.27 CFR 478.30 (out-of-state disposition by nonlicensees)
- 4.27 CFR 478.11 (State of residence defined)
- 5.California Penal Code 27585 (firearms obtained outside California)
- 6.California Penal Code 27590 (penalties)
- 7.California Penal Code 27875 (intrafamilial transfers and inheritance)
- 8.California Penal Code 27920 (operation of law, estates, surviving spouses)
- 9.California Penal Code 27565 (licensed collectors, curios and relics)
- 10.California Penal Code 27560 (new residents)
- 11.California Penal Code 32000 (unsafe handguns)
- 12.California Penal Code 27595 (machinegun-convertible pistols)
- 13.California Penal Code 27535 (three firearms in 30 days)
- 14.California Penal Code 30600 (assault weapon importation)
- 15.California Penal Code 32310 (large-capacity magazines)
- 16.California Penal Code 30314 (ammunition obtained outside California)
- 17.California DOJ, Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A)
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