In California, firearm regulations extend far beyond mere sales and transfers, encompassing even temporary possession or control of guns. This is particularly relevant for licensed firearms dealers employing or interacting with individuals under 21 years old, whether as customers browsing inventory or as employees handling stock. The state’s laws are stricter than federal baselines, creating a complex landscape for compliance. This article delves into the key statutes, direct quotations from the laws, federal contrasts, and practical implications, with citations provided in Bluebook format where applicable.
The cornerstone of California’s age-based firearm restrictions for dealers is found in California Penal Code section 27510. This provision broadly prohibits licensed dealers from providing any form of possession or control of firearms to those under 21, regardless of intent to sell or transfer. The exact text of the statute, as confirmed through official sources, reads:
“(a) A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age.”
Cal. Penal Code § 27510(a) (West 2025).
This language is expansive. Terms like “give possession or control” are not limited to permanent transfers; they can include temporary handling, such as passing a firearm across a counter for inspection or allowing an employee to stock shelves. The California Department of Justice emphasizes this in its FAQs, stating: “Pursuant to Penal Code section 27510, a California licensed dealer is prohibited from selling, supplying, delivering, transferring or giving possession or control of a firearm to any person who is under 21 years of age.“
Subsection (b) provides limited exceptions, but these are narrow and do not apply to handguns:
“(b)(1) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person who is 18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States…
(3) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older: (A) An active peace officer… (B) An active federal officer… (C) A reserve peace officer… (D) A person who provides proper identification of active membership in the United States Armed Forces…“
Cal. Penal Code § 27510(b) (West 2025).
These exceptions allow for non-handguns (e.g., certain shotguns or rifles) under specific conditions, such as holding a hunting license or military status, but explicitly exclude handguns. Violations of this section can result in misdemeanor charges, with penalties including fines up to $1,000, imprisonment for up to six months, or both, and potential revocation of the dealer’s license. Cal. Penal Code § 27590 (West 2025).
For individuals under 18 (classified as minors), the rules are even more stringent. California Penal Code section 29610 prohibits minors from possessing certain firearms outright, which indirectly impacts dealers:
“(a) A minor shall not possess a handgun.
(b) A minor shall not possess a semiautomatic centerfire rifle.
(c) Commencing July 1, 2023, a minor shall not possess any firearm.”
Cal. Penal Code § 29610 (West 2025).
This total ban on firearm possession from a dealer by minors (effective since 2023) means dealers cannot provide any gun to someone under 18 without violating both section 27510 and this provision. Exceptions exist for supervised activities like hunting or target practice with parental consent, but these do not extend to casual handling in a general gun store. Cal. Penal Code § 29615 (West 2025).
Federal law provides a baseline but is less prohibitive than California’s rules. Title 18 U.S.C. section 922(b)(1) focuses primarily on sales and deliveries:
“It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;”
18 U.S.C. § 922(b)(1) (2025).
This prohibits dealers from selling handguns to those under 21 and any firearms to those under 18 (with exceptions for shotguns and rifles). However, it does not explicitly ban temporary possession or control.
Subsection (x) addresses juveniles (under 18) possessing handguns:
“(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun.”
18 U.S.C. § 922(x) (2025).
Exceptions include employment, hunting, or supervised target practice. Importantly, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) guidance clarifies that federal law allows employees aged 18-20 to handle and sell handguns: “Yes. An individual less than 21 years of age may sell handguns and ammunition suitable for use in handguns. However, a person less than 18 years of age must…” ATF Ruling 2010-1 (as referenced in ATF FAQs).
California’s stricter standards supersede these federal allowances, meaning dealers must comply with state law even if federal rules permit more flexibility.
For customers aged 18-20, section 27510’s prohibition on “possession or control” means dealers cannot legally allow them to handle firearms in the store unless an exception applies—and even then, only for non-handguns. For instance, a 19-year-old with a valid hunting license might be permitted to handle a qualifying shotgun, but never a handgun. In practice, many gun stores prohibit under-21 customers from handling any firearms to avoid risks, as simply inspecting a gun could be deemed “possession.”
This has been upheld despite legal challenges; a 2022 federal appeals court ruling struck down California’s ban on semiautomatic rifle sales to under-21s as unconstitutional under the Second Amendment, but the possession language remains intact. Jones v. Bonta, 34 F.4th 704 (9th Cir. 2022), vacated on other grounds.
Employees under 21 face similar barriers. While they can obtain a Certificate of Eligibility (COE) at age 18 for background clearance (Cal. Code Regs. tit. 11, § 4032), section 27510 still prohibits dealers from giving them possession of firearms, especially handguns. Federal ATF guidance permits 18-20-year-olds to handle handguns as employees, but California’s law takes precedence.
In response, many California dealers require employees to be at least 21 to fully engage with inventory, limiting 18-20-year-olds to non-firearm tasks or non-handgun items if exceptions apply. Commencing January 1, 2018, dealers must ensure employees handling firearms have a COE, but age restrictions persist.
These rules align with California’s comprehensive gun control framework, including dealer licensing requirements and annual training mandates effective 2026. Cal. Penal Code §§ 26700-26915 (West 2025). Enforcement by the California DOJ can lead to license suspension or revocation for violations.
In conclusion, California’s laws prioritize public safety by restricting under-21 access to firearms, even temporarily. Dealers, employees, and customers should consult legal counsel or the DOJ for compliance, as interpretations can evolve with court rulings and amendments.
Below is a graphic chart in table format for quick reference, summarizing possession rules for employees and customers. This is not legal advice; consult official sources for updates.
| Age Group | Role | Firearm Type | Allowed Possession/ Control? | Exceptions/ Requirements | Citation |
|---|---|---|---|---|---|
| Under 18 (Minors) | Customer/Employee | Any Firearm | No | Limited to supervised hunting/target practice with parental consent; no store handling | Cal. Penal Code § 29610 (West 2025) |
| 18-20 | Customer | Handguns, Semiautomatic Centerfire Rifles, Precursors | No | None | Cal. Penal Code § 27510(a) (West 2025) |
| 18-20 | Customer | Non-Handguns (e.g., Shotguns, Certain Rifles) | Yes, if excepted | Valid hunting license, military discharge/ID, peace officer status; ID verification required | Cal. Penal Code § 27510(b) (West 2025) |
| 18-20 | Employee | Handguns | No | None; federal allows but state prohibits | Cal. Penal Code § 27510(a) (West 2025); 18 U.S.C. § 922(b)(1) (2025) |
| 18-20 | Employee | Non-Handguns | Yes, if excepted and COE obtained | Same as customers; COE required for handling; limit to qualified items | Cal. Code Regs. tit. 11, § 4032 (2025) |
| 21+ | Customer/Employee | Any Firearm | Yes | Standard ID verification (CA DL/ID); COE for employees | Cal. Penal Code § 27510 (West 2025) |
If you are a firearms dealer and in need of legal counsel for guidance and policy drafting, contact us at [email protected] or at 866-545-GUNS.
Disclaimer:
This article is provided for educational and informational purposes only and is not intended to serve as legal advice, professional guidance, or a substitute for consulting with qualified legal professionals. The information contained herein is based on publicly available sources and interpretations of California and federal laws as of October 30, 2025, including California Penal Code sections 27510 and 29610, and Title 18 U.S.C. § 922. Laws and regulations are subject to change, and their application can vary based on specific circumstances. Readers are strongly encouraged to seek advice from licensed attorneys, the California Department of Justice (DOJ), or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for personalized legal counsel. The author(s), publisher(s), and any affiliated entities disclaim all liability for any actions taken or not taken based on this content, including but not limited to errors, omissions, or reliance on the information provided. Compliance with firearm laws is a serious matter, and violations can result in criminal penalties. Always verify current laws through official sources before making decisions.
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