Is a Desert Eagle legal in California?
Before diving into the legality of owning a Desert Eagle in California, it’s essential to understand the state’s firearms laws and regulations.
Contents
What is a Desert Eagle?
The Desert Eagle is a semi-automatic firearm chambered in.50 Action Express,.44 Remington Magnum, and 10mm Auto. Due to its unique design, which features a large cartridge and a high-powered magnification, it has garnered significant attention and popularity, especially among gun enthusiasts. The Desert Eagle is indeed a distinctive and impressive pistol, but is it legally permitted in California?
Is a Desert Eagle considered a "Handgun"?
California defines a “handgun” as follows:
“Handgun” means any firearm capable of being concealed upon a person. (Pen. Code, § 33010(a))
The key word here is capable of being concealed, which means that the California Legislature is concerned with regulating firearms that can be easily and discreetly carried. Is the Desert Eagle capable of being concealed? The manufacturer claims it can be compacted, but it requires a unique holster and isn’t as discreet as other handguns. The Desert Eagle’s large size and unique design certainly make it stand out among other handguns.
Prohibitions on Large Capacities
California has legislation aimed at regulating large-caliber and high-capacity firearms. In 1989, Proposition 118 was passed, which placed a 10-round ammunition limit for all firearms:
Any handgun or ammunition feeding device, including bullet button and Glock switch modification, must be designed such that it will notmore than 10 rounds are capable of being loaded [in a magazine]. [Pen. Code, 12072.5a(b)(1)]
Many firearms enthusiasts and collectors advocate for larger capacities, feeling that 10 rounds falls short of what they prefer. Some may argue this limitation hinders their use and enjoyment of firearms like the Desert Eagle.
Legal Considerations in California
The California Department of Justice (DOJ) and local law enforcement maintain lists of legally approved semiautomatic handguns through the Handgun Roster Program. The California Handgun Roster features approximately 250 approved model variants, and the majority of Desert Eagle models can be found on this roster. This means any model with an approved RO and CalCOF endorsement (if applicable) in the roster can be easily and legally registered in the state.
However, since the Desert Eagle is largely marketed towards civilian enthusiasts who are passionate about firearms recreation and sports shooting, you’ll likely encounter issues outside of California’s legal roster:
- Manufacturing Limitations: Limited quantities are manufactured, increasing demand and limiting availability
- Importability: California prohibits the commercial sale and transfer of imported firearms
- Trigger and Bolt Configuration: Compliance with the Handgun roster and potential restrictions on drop-in trigger assemblies
What about obtaining a permit?
The process is straightforward!
- Background Checks: Ensure a clean report and No Felons or Dishonorable Mentally Disordered Persons status
- Apply for the California Handgun Safety Certificate (HSC): Fill out Application HSC 001E (Firearms Safety Manual and Certification Application) by the Department of Justice**
- Obtaining the Firearm Record and Card: Once HSC 001 E is approved, expect to receive the Firearm Record and Card within six to eight weeks
Is the Desert Eagle legal? Well, it Depends on the model and year!
- 1990s-2006 Models: Not approved since these were pre- Californian Roster Program registration. Possessing will be ILLEGAL if registered, but legal storage may apply.
- *Exceptions: those purchased in 1997 and later from California-located dealers under a Non-Handgun Roster Permit, and those having an RO and applicable endorsements (CalCOF) and in the handgun roster, may be
- 2007-Currie Models: If purchased and registered in another state or outside of California between 2007 and today, you might be
- Post-1986, pre- California Roster Program Models not approved by CalCOF: In ILLEGALLY IMPORTED circumstances.
For clarity, these legal requirements may change if California legislators alter the governing laws.
Action Items
- Check Eligibility: Before purchasing an any firearm, establish that you’re not prohibited by federal law, and any California-specific requirements.
- Visit the California State Government Website (https://oag.ca.gov fire arms/registration)for further guidance
- Purchase through a licenced California Dealer: Some states prohibit private sales from individuals. If buying in another state, ensure the source is legal.
- Store Firearms Safely: Maintain adequate security at your residence/primary storage location, making it harder for unauthorized usage or theft.
Rationale
- Firearm Safety
- Proper Registration and Documentation
- The California Pistol Standards (CPS Code 17260) are strict; avoid non-compliancies.
- Understanding legal frameworks and responsibilities
- Informed Choices: Research makes you an informed gun enthusiast, allowing well-versed decisions
Lastly, owning a Desert Eagle or any other firearm within California should involve a basic understanding of state laws to avoid any potential legal issue.
In conclusion, regarding the legality, owning a Desert Eagle firearm in California largely depends on the model and years, availability, and approval status in the Handgun Roster Program. Consult California laws, regulations and verify with federal and local authorities before registering, possessing, or collecting these semi-automatic handguns with.50 AE, 10mm Auto, etc.
It is crucial as an owner or enthusiast maintain proper understanding and compliance:
• Understand your rights
• Maintain records and store properly
• Stay Current on State Laws and Requirements
Respect the Firearms Regulations.
