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2nd Amendment Rights In California In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-000298
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FAQ
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.
§ 922(g)(1), which prohibits the possession of a firearm by a person convicted of “a crime punishable by imprisonment for a term exceeding one year,” violates the Second Amendment (at least as applied to certain nonviolent offenders).
In 2024, California passed several bills strengthening and refining existing laws to facilitate better implementation, including improvements to the state's gun violence restraining order law, secure storage laws, and reporting on firearm dealer inspections.
Location Restrictions in California. A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
Pardon from California Governor There is only one relatively certain way to restore your federal gun rights: obtain a pardon. Pardons can be obtained from either the Governor of California or the President of the United States.