BILL NUMBER: SB 1080	CHAPTERED
	BILL TEXT

	CHAPTER  711
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	AMENDED IN ASSEMBLY  AUGUST 24, 2010
	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Committee on Public Safety (Senators Leno (Chair),
Cedillo, Cogdill, Hancock, Huff, Steinberg, and Wright)

                        FEBRUARY 17, 2010

   An act to add Sections 626.91 and 830.95 to, to add Title 2
(commencing with Section 12001) to Part 4 of, to add Part 6
(commencing with Section 16000) to, to repeal Section 653k of, and to
repeal Title 2 (commencing with Section 12000) of Part 4 of, the
Penal Code, relating to nonsubstantive reorganization of deadly
weapon statutes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1080, Committee on Public Safety. Deadly weapons.
   Existing law generally regulates deadly weapons.
   This bill would reorganize without substantive change the
provisions of the Penal Code relating to deadly weapons, to be
operative January 1, 2012.
   This bill would incorporate additional changes proposed by AB
1810, AB 1934, AB 2263, AB 2358, AB 2668, SB 282, SB 1062, and SB
1190, contingent on the prior enactment of those bills.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 626.91 is added to the Penal Code, to read:
   626.91.  Possession of ammunition on school grounds is governed by
Section 30310.
  SEC. 2.  Section 653k of the Penal Code is repealed.
  SEC. 3.  Section 830.95 is added to the Penal Code, to read:
   830.95.  (a) Any person who wears the uniform of a peace officer
while engaged in picketing, or other informational activities in a
public place relating to a concerted refusal to work, is guilty of a
misdemeanor, whether or not the person is a peace officer.
   (b) This section shall not be construed to authorize or ratify any
picketing or other informational activities not otherwise authorized
by law.
  SEC. 4.  Title 2 (commencing with Section 12000) of Part 4 of the
Penal Code is repealed.
  SEC. 5.  Title 2 (commencing with Section 12001) is added to Part 4
of the Penal Code, to read:

      TITLE 2.  SENTENCE ENHANCEMENTS


   12001.  As used in this title, "firearm" has the meaning provided
in subdivision (a) of Section 16520.
   12003.  If any section, subsection, sentence, clause, or phrase of
this title or any other provision listed in Section 16580 is for any
reason held to be unconstitutional, that decision shall not affect
the validity of the remaining portions of this title or any other
provision listed in Section 16580. The Legislature hereby declares
that it would have passed this title and any other provision listed
in Section 16580, and each section, subsection, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more other
sections, subsections, sentences, clauses, or phrases be declared
unconstitutional.
   12021.5.  (a) Every person who carries a loaded or unloaded
firearm on his or her person, or in a vehicle, during the commission
or attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment in the state prison for one, two, or three years in the
court's discretion. The court shall impose the middle term unless
there are circumstances in aggravation or mitigation. The court shall
state the reasons for its enhancement choice on the record at the
time of sentence.
   (b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years in the court's discretion. The court
shall impose the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of sentence.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
   (A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
   (B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
   (2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
   (B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
   (3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
   (B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
   (C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
   (4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
   (5) "Rifle" shall have the same meaning as specified in Section
17090.
   (6) "Shotgun" shall have the same meaning as specified in Section
17190.
   (d) This section shall become operative on January 1, 2011.
   12022.  (a) (1) Except as provided in subdivisions (c) and (d),
any person who is armed with a firearm in the commission of a felony
or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for one year,
unless the arming is an element of that offense. This additional term
shall apply to any person who is a principal in the commission of a
felony or attempted felony if one or more of the principals is armed
with a firearm, whether or not the person is personally armed with a
firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 30510 or Section 30515, or a machinegun, as defined in
Section 16880, or a .50 BMG rifle, as defined in Section 30530, the
additional and consecutive term described in this subdivision shall
be three years whether or not the arming is an element of the offense
of which the person was convicted. The additional term provided in
this paragraph shall apply to any person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with an assault weapon or machinegun, or a .50
BMG rifle, whether or not the person is personally armed with an
assault weapon or machinegun, or a .50 BMG rifle.
   (b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment in the
state prison for one year, unless use of a deadly or dangerous
weapon is an element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be
one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Sections 18000 and 18005.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
of a violation or attempted violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall be punished by an additional and
consecutive term of imprisonment in the state prison for three,
four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive term of imprisonment in the state prison for one, two, or
three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.
   12022.1.  (a) For the purposes of this section only:
   (1) "Primary offense" means a felony offense for which a person
has been released from custody on bail or on his or her own
recognizance prior to the judgment becoming final, including the
disposition of any appeal, or for which release on bail or his or her
own recognizance has been revoked. In cases where the court has
granted a stay of execution of a county jail commitment or state
prison commitment, "primary offense" also means a felony offense for
which a person is out of custody during the period of time between
the pronouncement of judgment and the time the person actually
surrenders into custody or is otherwise returned to custody.
   (2) "Secondary offense" means a felony offense alleged to have
been committed while the person is released from custody for a
primary offense.
   (b) Any person arrested for a secondary offense which was alleged
to have been committed while that person was released from custody on
a primary offense shall be subject to a penalty enhancement of an
additional two years in state prison which shall be served
consecutive to any other term imposed by the court.
   (c) The enhancement allegation provided in subdivision (b) shall
be pleaded in the information or indictment which alleges the
secondary offense, or in the information or indictment of the primary
offense if a conviction has already occurred in the secondary
offense, and shall be proved as provided by law. The enhancement
allegation may be pleaded in a complaint but need not be proved at
the preliminary hearing or grand jury hearing.
   (d) Whenever there is a conviction for the secondary offense and
the enhancement is proved, and the person is sentenced on the
secondary offense prior to the conviction of the primary offense, the
imposition of the enhancement shall be stayed pending imposition of
the sentence for the primary offense. The stay shall be lifted by the
court hearing the primary offense at the time of sentencing for that
offense and shall be recorded in the abstract of judgment. If the
person is acquitted of the primary offense the stay shall be
permanent.
   (e) If the person is convicted of a felony for the primary
offense, is sentenced to state prison for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be consecutive to the
primary sentence.
   (f) If the person is convicted of a felony for the primary
offense, is granted probation for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be enhanced as provided in
subdivision (b).
   (g) If the primary offense conviction is reversed on appeal, the
enhancement shall be suspended pending retrial of that felony. Upon
retrial and reconviction, the enhancement shall be reimposed. If the
person is no longer in custody for the secondary offense upon
reconviction of the primary offense, the court may, at its
discretion, reimpose the enhancement and order him or her recommitted
to custody.
   12022.2.  (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed primarily to
penetrate metal or armor, shall upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony, be punished by an
additional term of 3, 4, or 10 years. The court shall order the
middle term unless there are circumstances in aggravation or
mitigation. The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
   (b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in Section
29905, shall, upon conviction of that felony or attempted felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished by an additional term of one, two, or five years. The court
shall order the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of the sentence.
   (c) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.
   (d) This section shall become operative on January 1, 2011.
   12022.3.  For each violation of Section 220 involving a specified
sexual offense, or for each violation or attempted violation of
Section 261, 262, 264.1, 286, 288, 288a, or 289, and in addition to
the sentence provided, any person shall receive the following:
   (a) A 3-, 4-, or 10-year enhancement if the person uses a firearm
or a deadly weapon in the commission of the violation.
   (b) A one-, two-, or five-year enhancement if the person is armed
with a firearm or a deadly weapon.
   12022.4.  (a) Any person who, during the commission or attempted
commission of a felony, furnishes or offers to furnish a firearm to
another for the purpose of aiding, abetting, or enabling that person
or any other person to commit a felony shall, in addition and
consecutive to the punishment prescribed by the felony or attempted
felony of which the person has been convicted, be punished by an
additional term of one, two, or three years in the state prison. The
court shall order the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of the sentence. The
additional term provided in this section shall not be imposed unless
the fact of the furnishing is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
   (b) This section shall become operative on January 1, 2011.
   12022.5.  (a) Except as provided in subdivision (b), any person
who personally uses a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for 3, 4, or 10 years,
unless use of a firearm is an element of that offense.
   (b) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 30510 or Section
30515, or a machinegun, as defined in Section 16880, in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
   (c) Notwithstanding Section 1385 or any other provisions of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great
bodily injury or death.
   (e) When a person is found to have personally used a firearm, an
assault weapon, a machinegun, or a .50 BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by
that person, the court shall order that the firearm be deemed a
nuisance and disposed of in the manner provided in Sections 18000 and
18005.
   (f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   12022.53.  (a) This section applies to the following felonies:
   (1) Section 187 (murder).
   (2) Section 203 or 205 (mayhem).
   (3) Section 207, 209, or 209.5 (kidnapping).
   (4) Section 211 (robbery).
   (5) Section 215 (carjacking).
   (6) Section 220 (assault with intent to commit a specified
felony).
   (7) Subdivision (d) of Section 245 (assault with a firearm on a
peace officer or firefighter).
   (8) Section 261 or 262 (rape).
   (9) Section 264.1 (rape or sexual penetration in concert).
   (10) Section 286 (sodomy).
   (11) Section 288 or 288.5 (lewd act on a child).
   (12) Section 288a (oral copulation).
   (13) Section 289 (sexual penetration).
   (14) Section 4500 (assault by a life prisoner).
   (15) Section 4501 (assault by a prisoner).
   (16) Section 4503 (holding a hostage by a prisoner).
   (17) Any felony punishable by death or imprisonment in the state
prison for life.
   (18) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (b) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
uses a firearm, shall be punished by an additional and consecutive
term of imprisonment in the state prison for 10 years. The firearm
need not be operable or loaded for this enhancement to apply.
   (c) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
and intentionally discharges a firearm, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 20 years.
   (d) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), Section
246, or subdivision (c) or (d) of Section 26100, personally and
intentionally discharges a firearm and proximately causes great
bodily injury, as defined in Section 12022.7, or death, to any person
other than an accomplice, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 25 years to
life.
   (e) (1) The enhancements provided in this section shall apply to
any person who is a principal in the commission of an offense if both
of the following are pled and proved:
   (A) The person violated subdivision (b) of Section 186.22.
   (B) Any principal in the offense committed any act specified in
subdivision (b), (c), or (d).
   (2) An enhancement for participation in a criminal street gang
pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of
Part 1 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this subdivision, unless the person
personally used or personally discharged a firearm in the commission
of the offense.
   (f) Only one additional term of imprisonment under this section
shall be imposed per person for each crime. If more than one
enhancement per person is found true under this section, the court
shall impose upon that person the enhancement that provides the
longest term of imprisonment. An enhancement involving a firearm
specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or
12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section. An enhancement for
great bodily injury as defined in Section 12022.7, 12022.8, or
12022.9 shall not be imposed on a person in addition to an
enhancement imposed pursuant to subdivision (d).
   (g) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person found to come within the provisions of
this section.
   (h) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (i) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not
exceed 15 percent of the total term of imprisonment imposed on a
defendant upon whom a sentence is imposed pursuant to this section.
   (j) For the penalties in this section to apply, the existence of
any fact required under subdivision (b), (c), or (d) shall be alleged
in the accusatory pleading and either admitted by the defendant in
open court or found to be true by the trier of fact. When an
enhancement specified in this section has been admitted or found to
be true, the court shall impose punishment for that enhancement
pursuant to this section rather than imposing punishment authorized
under any other provision of law, unless another enhancement provides
for a greater penalty or a longer term of imprisonment.
   (k) When a person is found to have used or discharged a firearm in
the commission of an offense that includes an allegation pursuant to
this section and the firearm is owned by that person, a
coparticipant, or a coconspirator, the court shall order that the
firearm be deemed a nuisance and disposed of in the manner provided
in Sections 18000 and 18005.
   (l) The enhancements specified in this section shall not apply to
the lawful use or discharge of a firearm by a public officer, as
provided in Section 196, or by any person in lawful self-defense,
lawful defense of another, or lawful defense of property, as provided
in Sections 197, 198, and 198.5.
   12022.55.  Notwithstanding Section 12022.5, any person who, with
the intent to inflict great bodily injury or death, inflicts great
bodily injury, as defined in Section 12022.7, or causes the death of
a person, other than an occupant of a motor vehicle, as a result of
discharging a firearm from a motor vehicle in the commission of a
felony or attempted felony, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 5, 6, or 10
years.
   12022.6.  (a) When any person takes, damages, or destroys any
property in the commission or attempted commission of a felony, with
the intent to cause that taking, damage, or destruction, the court
shall impose an additional term as follows:
   (1) If the loss exceeds sixty-five thousand dollars ($65,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of one year.
   (2) If the loss exceeds two hundred thousand dollars ($200,000),
the court, in addition and consecutive to the punishment prescribed
for the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of two years.
   (3) If the loss exceeds one million three hundred thousand dollars
($1,300,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
three years.
   (4) If the loss exceeds three million two hundred thousand dollars
($3,200,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
four years.
   (b) In any accusatory pleading involving multiple charges of
taking, damage, or destruction, the additional terms provided in this
section may be imposed if the aggregate losses to the victims from
all felonies exceed the amounts specified in this section and arise
from a common scheme or plan. All pleadings under this section shall
remain subject to the rules of joinder and severance stated in
Section 954.
   (c) The additional terms provided in this section shall not be
imposed unless the facts of the taking, damage, or destruction in
excess of the amounts provided in this section are charged in the
accusatory pleading and admitted or found to be true by the trier of
fact.
   (d) This section applies to, but is not limited to, property
taken, damaged, or destroyed in violation of Section 502 or
subdivision (b) of Section 502.7. This section shall also apply to
applicable prosecutions for a violation of Section 350, 653h, 653s,
or 653w.
   (e) For the purposes of this section, the term "loss" has the
following meanings:
   (1) When counterfeit items of computer software are manufactured
or possessed for sale, the "loss" from the counterfeiting of those
items shall be equivalent to the retail price or fair market value of
the true items that are counterfeited.
   (2) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "loss" from the counterfeiting of those components of
computer software packages shall be equivalent to the retail price or
fair market value of the number of completed computer software
packages that could have been made from those components.
   (f) It is the intent of the Legislature that the provisions of
this section be reviewed within 10 years to consider the effects of
inflation on the additional terms imposed. For that reason this
section shall remain in effect only until January 1, 2018, and as of
that date is repealed unless a later enacted statute, which is
enacted before January 1, 2018, deletes or extends that date.
   12022.7.  (a) Any person who personally inflicts great bodily
injury on any person other than an accomplice in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three years.

   (b) Any person who personally inflicts great bodily injury on any
person other than an accomplice in the commission of a felony or
attempted felony which causes the victim to become comatose due to
brain injury or to suffer paralysis of a permanent nature, shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. As used in this subdivision, "paralysis"
means a major or complete loss of motor function resulting from
injury to the nervous system or to a muscular mechanism.
   (c) Any person who personally inflicts great bodily injury on a
person who is 70 years of age or older, other than an accomplice, in
the commission of a felony or attempted felony shall be punished by
an additional and consecutive term of imprisonment in the state
prison for five years.
                                           (d) Any person who
personally inflicts great bodily injury on a child under the age of
five years in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment in
the state prison for four, five, or six years.
   (e) Any person who personally inflicts great bodily injury under
circumstances involving domestic violence in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three, four,
or five years. As used in this subdivision, "domestic violence" has
the meaning provided in subdivision (b) of Section 13700.
   (f) As used in this section, "great bodily injury" means a
significant or substantial physical injury.
   (g) This section shall not apply to murder or manslaughter or a
violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d)
shall not apply if infliction of great bodily injury is an element of
the offense.
   (h) The court shall impose the additional terms of imprisonment
under either subdivision (a), (b), (c), or (d), but may not impose
more than one of those terms for the same offense.
   12022.75.  (a) Except as provided in subdivision (b), any person
who, for the purpose of committing a felony, administers by
injection, inhalation, ingestion, or any other means, any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of
the Health and Safety Code, against the victim's will by means of
force, violence, or fear of immediate and unlawful bodily injury to
the victim or another person, shall, in addition and consecutive to
the penalty provided for the felony or attempted felony of which he
or she has been convicted, be punished by an additional term of three
years.
   (b) (1) Any person who, in the commission or attempted commission
of any offense specified in paragraph (2), administers any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of
the Health and Safety Code to the victim shall be punished by an
additional and consecutive term of imprisonment in the state prison
for five years.
   (2) This subdivision shall apply to the following offenses:
   (A) Rape, in violation of paragraph (3) or (4) of subdivision (a)
of Section 261.
   (B) Sodomy, in violation of subdivision (f) or (i) of Section 286.

   (C) Oral copulation, in violation of subdivision (f) or (i) of
Section 288a.
   (D) Sexual penetration, in violation of subdivision (d) or (e) of
Section 289.
   (E) Any offense specified in subdivision (c) of Section 667.61.
   12022.8.  Any person who inflicts great bodily injury, as defined
in Section 12022.7, on any victim in a violation of Section 220
involving a specified sexual offense, or a violation or attempted
violation of paragraph (2), (3), or (6) of subdivision (a) of Section
261, paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (b) of Section 288, subdivision (a) of Section
289, or sodomy or oral copulation by force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person as provided in Section 286 or 288a shall receive a
five-year enhancement for each violation in addition to the sentence
provided for the felony conviction.
   12022.85.  (a) Any person who violates one or more of the offenses
listed in subdivision (b) with knowledge that he or she has acquired
immune deficiency syndrome (AIDS) or with the knowledge that he or
she carries antibodies of the human immunodeficiency virus at the
time of the commission of those offenses, shall receive a three-year
enhancement for each violation in addition to the sentence provided
under those sections.
   (b) Subdivision (a) applies to the following crimes:
   (1) Rape in violation of Section 261.
   (2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5.
   (3) Rape of a spouse in violation of Section 262.
   (4) Sodomy in violation of Section 286.
   (5) Oral copulation in violation of Section 288a.
   (c) For purposes of proving the knowledge requirement of this
section, the prosecuting attorney may use test results received under
subdivision (c) of Section 1202.1 or subdivision (g) of Section
1202.6.
   12022.9.  Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
   Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187.
   12022.95.  Any person convicted of a violation of Section 273a,
who under circumstances or conditions likely to produce great bodily
harm or death, willfully causes or permits any child to suffer, or
inflicts thereon unjustifiable physical pain or injury that results
in death, or having the care or custody of any child, under
circumstances likely to produce great bodily harm or death, willfully
causes or permits that child to be injured or harmed, and that
injury or harm results in death, shall receive a four-year
enhancement for each violation, in addition to the sentence provided
for that conviction. Nothing in this paragraph shall be construed as
affecting the applicability of subdivision (a) of Section 187 or
Section 192. This section shall not apply unless the allegation is
included within an accusatory pleading and admitted by the defendant
or found to be true by the trier of fact.
  SEC. 6.  Part 6 (commencing with Section 16000) is added to the
Penal Code, to read:

      PART 6.  CONTROL OF DEADLY WEAPONS



      TITLE 1.  PRELIMINARY PROVISIONS



      DIVISION 1.  GENERAL PROVISIONS


   16000.  This act recodifies the provisions of former Title 2
(commencing with Section 12000) of Part 4, which was entitled
"Control of Deadly Weapons." The act shall be known and may be cited
as the "Deadly Weapons Recodification Act of 2010."
   16005.  Nothing in the Deadly Weapons Recodification Act of 2010
is intended to substantively change the law relating to deadly
weapons. The act is intended to be entirely nonsubstantive in effect.
Every provision of this part, of Title 2 (commencing with Section
12001) of Part 4, and every other provision of this act, including,
without limitation, every cross-reference in every provision of the
act, shall be interpreted consistent with the nonsubstantive intent
of the act.
   16010.  (a) A provision of this part or of Title 2 (commencing
with Section 12001) of Part 4, or any other provision of the Deadly
Weapons Recodification Act of 2010, insofar as it is substantially
the same as a previously existing provision relating to the same
subject matter, shall be considered as a restatement and continuation
thereof and not as a new enactment.
   (b) A reference in a statute to a previously existing provision
that is restated and continued in this part or in Title 2 (commencing
with Section 12001) of Part 4, or in any other provision of the
Deadly Weapons Recodification Act of 2010, shall, unless a contrary
intent appears, be deemed a reference to the restatement and
continuation.
   (c) A reference in a statute to a provision of this part or of
Title 2 (commencing with Section 12001) of Part 4, or any other
provision of the Deadly Weapons Recodification Act of 2010, which is
substantially the same as a previously existing provision, shall,
unless a contrary intent appears, be deemed to include a reference to
the previously existing provision.
   16015.  If a previously existing provision is restated and
continued in this part, or in Title 2 (commencing with Section 12001)
of Part 4, or in any other provision of the Deadly Weapons
Recodification Act of 2010, a conviction under that previously
existing provision shall, unless a contrary intent appears, be
treated as a prior conviction under the restatement and continuation
of that provision.
   16020.  (a) A judicial decision interpreting a previously existing
provision is relevant in interpreting any provision of this part, of
Title 2 (commencing with Section 12001) of Part 4, or any other
provision of the Deadly Weapons Recodification Act of 2010, which
restates and continues that previously existing provision.
   (b) However, in enacting the Deadly Weapons Recodification Act of
2010, the Legislature has not evaluated the correctness of any
judicial decision interpreting a provision affected by the act.
   (c) The Deadly Weapons Recodification Act of 2010 is not intended
to, and does not, reflect any assessment of any judicial decision
interpreting any provision affected by the act.
   16025.  (a) A judicial decision determining the constitutionality
of a previously existing provision is relevant in determining the
constitutionality of any provision of this part, of Title 2
(commencing with Section 12001) of Part 4, or any other provision of
the Deadly Weapons Recodification Act of 2010, which restates and
continues that previously existing provision.
   (b) However, in enacting the Deadly Weapons Recodification Act of
2010, the Legislature has not evaluated the constitutionality of any
provision affected by the act, or the correctness of any judicial
decision determining the constitutionality of any provision affected
by the act.
   (c) The Deadly Weapons Recodification Act of 2010 is not intended
to, and does not, reflect any determination of the constitutionality
of any provision affected by the act.

      DIVISION 2.  DEFINITIONS


   16100.  Use of the term ".50 BMG cartridge" is governed by Section
30525.
   16110.  Use of the term ".50 BMG rifle" is governed by Section
30530.
   16120.  As used in this part, "abuse" means any of the following:
   (a) Intentionally or recklessly to cause or attempt to cause
bodily injury.
   (b) Sexual assault.
   (c) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
   (d) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
   16130.  As used in Section 26915, "agent" means an employee of the
licensee.
   16140.  As used in this part, "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
   16150.  (a) As used in Section 30300, "ammunition" means handgun
ammunition as defined in Section 16650.
   (b) As used in subdivision (a) of Section 30305 and in Section
30306, "ammunition" includes, but is not limited to, any bullet,
cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence.
"Ammunition" does not include blanks.
   16160.  As used in this part, "antique cannon" means any cannon
manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade.
   16170.  (a) As used in Sections 30515 and 30530, "antique firearm"
means any firearm manufactured before January 1, 1899.
   (b) As used in Section 16520, Section 16650, subdivision (a) of
Section 23630, paragraph (1) of subdivision (b) of Section 27505, and
subdivision (a) of Section 31615, "antique firearm" has the same
meaning as in Section 921(a)(16) of Title 18 of the United States
Code.
   (c) As used in Section 17700, "antique firearm" means either of
the following:
   (1) Any firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898. This includes any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898.
   (2) Any firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of
commercial trade.
   16180.  As used in this part, "antique rifle" means a firearm
conforming to the definition of an "antique firearm" in Section
479.11 of Title 27 of the Code of Federal Regulations.
   16190.  As used in Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4, and in Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, "application
to purchase" means either of the following:
   (a) The initial completion of the register by the purchaser,
transferee, or person being loaned a firearm, as required by Section
28210.
   (b) The initial completion and transmission to the Department of
Justice of the record of electronic or telephonic transfer by the
dealer on the purchaser, transferee, or person being loaned a
firearm, as required by Section 28215.
   16200.  Use of the term "assault weapon" is governed by Sections
30510 and 30515.
   16220.  As used in this part, "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does not
include any device that propels an arrow or a bolt by means of any
common bow, compound bow, crossbow, or underwater speargun.
   16230.  As used in this part, "ballistics identification system"
includes, but is not limited to, any automated image analysis system
that is capable of storing firearm ballistic markings and tracing
those markings to the firearm that produced them.
   16240.  As used in this part, "basic firearms safety certificate"
means a certificate issued before January 1, 2003, by the Department
of Justice pursuant to former Article 8 (commencing with Section
12800) of Chapter 6 of Title 2 of Part 4, as that article read at any
time from when it became operative on January 1, 1992, to when it
was repealed on January 1, 2003.
   16250.  As used in this part, "BB device" means any instrument
that expels a projectile, such as a BB or a pellet, not exceeding 6mm
caliber, through the force of air pressure, gas pressure, or spring
action, or any spot marker gun.
   16260.  As used in this part, "belt buckle knife" is a knife that
is made an integral part of a belt buckle and consists of a blade
with a length of at least two and one-half inches.
   16270.  As used in this part, "blowgun" means a hollow tube
designed and intended to be used as a tube through which a dart is
propelled by the force of the breath of the user.
   16280.  As used in this part, "blowgun ammunition" means a dart
designed and intended for use in a blowgun.
   16288.  As used in Section 31360, "body armor" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the person wearing the body armor.
   16290.  As used in this part, "body vest" or "body shield" means
any bullet-resistant material intended to provide ballistic and
trauma protection for the wearer or holder.
   16300.  As used in this part, "bona fide evidence of identity" or
"bona fide evidence of majority and identity" means a document issued
by a federal, state, county, or municipal government, or subdivision
or agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
   16310.  As used in this part, "boobytrap" means any concealed or
camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
   16320.  (a) As used in this part, "camouflaging firearm container"
means a container that meets all of the following criteria:
   (1) It is designed and intended to enclose a firearm.
   (2) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
   (3) It is not readily recognizable as containing a firearm.
   (b) "Camouflaging firearm container" does not include any
camouflaging covering used while engaged in lawful hunting or while
going to or returning from a lawful hunting expedition.
   16330.  As used in this part, "cane gun" means any firearm mounted
or enclosed in a stick, staff, rod, crutch, or similar device,
designed to be, or capable of being used as, an aid in walking, if
the firearm may be fired while mounted or enclosed therein.
   16340.  As used in this part, "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
   16350.  As used in Section 30515, "capacity to accept more than 10
rounds" means capable of accommodating more than 10 rounds. The term
does not apply to a feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds.
   16360.  As used in this part, "CCW" means "carry concealed
weapons."
   16370.  As used in Sections 31610 to 31700, inclusive, "certified
instructor" or "DOJ Certified Instructor" means a person designated
as a handgun safety instructor by the Department of Justice pursuant
to subdivision (a) of Section 31635.
   16380.  As used in this part, "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
   16400.  As used in this part, "clear evidence of the person's
identity and age" means either of the following:
   (a) A valid California driver's license.
   (b) A valid California identification card issued by the
Department of Motor Vehicles.
   16405.  As used in this part, "composite knuckles" means any
device or instrument made wholly or partially of composite materials,
other than a medically prescribed prosthetic, that is not metal
knuckles, that is worn for purposes of offense or defense in or on
the hand, and that either protects the wearer's hand while striking a
blow or increases the force of impact from the blow or injury to the
individual receiving the blow.
   16410.  As used in this part, "consultant-evaluator" means a
consultant or evaluator who, in the course of that person's
profession is loaned firearms from a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, for research
or evaluation, and has a current certificate of eligibility issued
pursuant to Section 26710.
   16420.  Use of the term "dagger" is governed by Section 16470.
   16430.  As used in Division 4 (commencing with Section 18250) of
Title 2, "deadly weapon" means any weapon, the possession or
concealed carrying of which is prohibited by any provision listed in
Section 16590.
   16440.  Use of the term "dealer" is governed by Section 26700.
   16450.  As used in Sections 31610 to 31700, inclusive, in Chapter
2 (commencing with Section 29030) of Division 7 of Title 4, and in
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4, "department" means the Department of Justice.
   16460.  (a) As used in Sections 16510, 16520, and 16780, and in
Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
"destructive device" includes any of the following weapons:
   (1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
   (2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
   (3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
   (4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
   (5) Any breakable container that contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.

   (6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
   (b) A bullet containing or carrying an explosive agent is not a
destructive device as that term is used in subdivision (a).
   16470.  As used in this part, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 21510, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
   16480.  Use of the term "DOJ Certified Instructor" is governed by
Section 16370.
   16490.  As used in this part, "domestic violence" means abuse
perpetrated against any of the following persons:
   (a) A spouse or former spouse.
   (b) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
   (c) A person with whom the respondent is having or has had a
dating or engagement relationship.
   (d) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
   (e) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
   (f) Any other person related by consanguinity or affinity within
the second degree.
   16500.  Use of the phrase "drop safety requirement for handguns"
is governed by Section 31900.
   16510.  As used in subdivision (a) of Section 16460 and Chapter 1
(commencing with Section 18710) of Division 5 of Title 2, "explosive"
means any substance, or combination of substances, the primary or
common purpose of which is detonation or rapid combustion, and which
is capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosive" includes,
but is not limited to, any explosive as defined in Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations, and any of the
following:
   (a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
of mercury, black powder, smokeless powder, propellant explosives,
detonating primers, blasting caps, or commercial boosters.
   (b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6
explosives as classified by the United States Department of
Transportation.
   (c) Nitro carbo nitrate substances (blasting agent) classified as
division 1.5 explosives by the United States Department of
Transportation.
   (d) Any material designated as an explosive by the State Fire
Marshal. The designation shall be made pursuant to the classification
standards established by the United States Department of
Transportation. The State Fire Marshal shall adopt regulations in
accordance with the Government Code to establish procedures for the
classification and designation of explosive materials or explosive
devices that are not under the jurisdiction of the United States
Department of Transportation pursuant to provisions of Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations that define
explosives.
   (e) Certain division 1.4 explosives as designated by the United
States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
   (f) As used in Section 16460 and Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2, "explosive" does not include
any destructive device, nor does it include ammunition or small arms
primers manufactured for use in shotguns, rifles, and pistols.
   16520.  (a) As used in this part, "firearm" means any device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of any explosion or other form of
combustion.
   (b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26600 to 27140, inclusive.
   (9) Sections 27400 to 28000, inclusive.
   (10) Section 28100.
   (11) Sections 28400 to 28415, inclusive.
                                                    (12) Sections
29010 to 29150, inclusive.
   (13) Sections 29610 to 29750, inclusive.
   (14) Sections 29800 to 29905, inclusive.
   (15) Sections 30150 to 30165, inclusive.
   (16) Section 31615.
   (17) Sections 31705 to 31830, inclusive.
   (18) Sections 34355 to 34370, inclusive.
   (19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Sections 26500 to 26588, inclusive.
   (6) Sections 26700 to 26915, inclusive.
   (7) Section 27510.
   (8) Section 27530.
   (9) Section 27540.
   (10) Section 27545.
   (11) Sections 27555 to 27570, inclusive.
   (12) Sections 29010 to 29150, inclusive.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
   16530.  (a) As used in this part, the terms "firearm capable of
being concealed upon the person," "pistol," and "revolver" apply to
and include any device designed to be used as a weapon, from which is
expelled a projectile by the force of any explosion, or other form
of combustion, and that has a barrel less than 16 inches in length.
These terms also include any device that has a barrel 16 inches or
more in length which is designed to be interchanged with a barrel
less than 16 inches in length.
   (b) Nothing shall prevent a device defined as a "firearm capable
of being concealed upon the person," "pistol," or "revolver" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.
   16540.  As used in Division 2 (commencing with Section 23620) of
Title 4, "firearm safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized
users from firing a firearm. The device may be installed on a
firearm, be incorporated into the design of the firearm, or prevent
access to the firearm.
   16550.  As used in this part, "firearm transaction record" is a
record containing the same information referred to in subdivision (a)
of Section 478.124, Section 478.124a, and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations.
   16560.  Use of the phrase "firing requirement for handguns" is
governed by Section 31905.
   16570.  As used in this part, "flechette dart" means a dart,
capable of being fired from a firearm, that measures approximately
one inch in length, with tail fins that take up approximately
five-sixteenths of an inch of the body.
   16575.  (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Article 4 (commencing with Section 12070) of Chapter 1 of
Title 2 of Part 4, entitled "Licenses to Sell Firearms," when that
article was repealed by the Deadly Weapons Recodification Act of
2010:
   (1) Section 16130.
   (2) Subdivision (b) of Section 16170, to the extent that it
continues former Sections 12078 and 12085, as those sections read
when they were repealed by the Deadly Weapons Recodification Act of
2010.
   (3) Section 16230.
   (4) Section 16400.
   (5) Section 16450, to the extent that it continues subdivision (a)
of former Section 12086, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
   (6) Subdivisions (b) and (d) of Section 16520, to the extent that
they continue subdivision (e) of former Section 12085, as that
subdivision read when it was repealed by the Deadly Weapons
Recodification Act of 2010.
   (7) Subdivision (g) of Section 16520.
   (8) Section 16550.
   (9) Section 16620.
   (10) Section 16720.
   (11) Section 16730.
   (12) Section 16740, to the extent that it continues subdivision
(b) of former Section 12079, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
   (13) Section 16800.
   (14) Section 16810.
   (15) Section 16960.
   (16) Section 16990.
   (17) Section 17110.
   (18) Section 17310.
   (19) Sections 26500 to 26588, inclusive.
   (20) Sections 26600 to 29150, inclusive.
   (21) Chapter 2 (commencing with Section 29500) of Division 8 of
Title 4.
   (22) Section 30105.
   (23) Sections 30150 to 30165, inclusive.
   (24) Sections 31705 to 31830, inclusive.
   (25) Section 32315.
   (26) Section 34205.
   (27) Sections 34350 to 34370, inclusive.
   (b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Article 4 of Chapter 1
provisions."
   (c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
   16580.  (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Chapter 1 (commencing with Section 12000) of Title 2 of Part
4, entitled "Firearms," when that chapter was repealed by the Deadly
Weapons Recodification Act of 2010:
   (1) Sections 12001 to 12022.95, inclusive.
   (2) Sections 16120 to 16140, inclusive.
   (3) Subdivision (b) of Section 16170, to the extent it continues
former Sections 12001, 12060, 12078, 12085, and 12088.8, as those
sections read when they were repealed by the Deadly Weapons
Recodification Act of 2010.
   (4) Subdivision (c) of Section 16170.
   (5) Section 16190.
   (6) Sections 16220 to 16240, inclusive.
   (7) Section 16250, to the extent it continues former Section
12001, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
   (8) Section 16260.
   (9) Sections 16320 to 16340, inclusive.
   (10) Section 16360.
   (11) Sections 16400 to 16410, inclusive.
   (12) Section 16430.
   (13) Section 16450, to the extent it continues former Sections
12060 and 12086, as those sections read when they were repealed by
the Deadly Weapons Recodification Act of 2010.
   (14) Subdivision (b) of Section 16460.
   (15) Section 16470.
   (16) Section 16490.
   (17) Subdivision (a) of Section 16520, to the extent it continues
former Section 12001, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010.
   (18) Subdivisions (b) to (g), inclusive, of Section 16520.
   (19) Sections 16530 to 16550, inclusive.
   (20) Section 16570.
   (21) Sections 16600 to 16640, inclusive.
   (22) Section 16650, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
   (23) Section 16662, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
   (24) Sections 16670 to 16690, inclusive.
   (25) Sections 16720 to 16760, inclusive.
   (26) Sections 16800 and 16810.
   (27) Sections 16830 to 16870, inclusive.
   (28) Sections 16920 to 16960, inclusive.
   (29) Sections 16990 and 17000.
   (30) Sections 17020 to 17070, inclusive.
   (31) Section 17090, to the extent it continues former Section
12020, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
   (32) Section 17110.
   (33) Section 17125.
   (34) Section 17160.
   (35) Sections 17170 to 17200, inclusive.
   (36) Sections 17270 to 17290, inclusive.
   (37) Sections 17310 and 17315.
   (38) Sections 17330 to 17505, inclusive.
   (39) Sections 17515 to 18500, inclusive.
   (40) Sections 19100 to 19290, inclusive.
   (41) Sections 20200 to 21390, inclusive.
   (42) Sections 21790 to 22490, inclusive.
   (43) Sections 23500 to 30290, inclusive.
   (44) Sections 30345 to 30365, inclusive.
   (45) Sections 31500 to 31590, inclusive.
   (46) Sections 31705 to 31830, inclusive.
   (47) Sections 32310 to 32450, inclusive.
   (48) Sections 32900 to 33320, inclusive.
   (49) Sections 33600 to 34370, inclusive.
   (b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Chapter 1 provisions."
   (c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
   16585.  (a) Except as stated in subdivision (d), the following
provisions are continuations of provisions that were included in
former Section 12078, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010:
   (1) Subdivision (b) of Section 16170, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
   (2) Section 16720.
   (3) Subdivision (a) of Section 16730, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
   (4) Subdivision (b) of Section 16730.
   (5) Section 16990.
   (6) Sections 26600 to 26615, inclusive.
   (7) Sections 26950 to 27140, inclusive.
   (8) Sections 27400 to 27415, inclusive.
   (9) Subdivision (b) of Section 27505, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
   (10) Sections 27600 to 28000, inclusive.
   (11) Sections 28400 to 28415, inclusive.
   (12) Sections 30150 to 30165, inclusive.
   (13) Sections 31705 to 31830, inclusive.
   (14) Sections 34355 to 34370, inclusive.
   (b) Except as stated in subdivision (d), the provisions listed in
subdivision (a) may be referred to as "former Section 12078
provisions."
   (c) Except as stated in subdivision (d), the following provisions
are continuations of provisions that were included in subdivision (a)
of former Section 12078, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010:
   (1) Sections 26600 to 26615, inclusive.
   (2) Section 26950.
   (3) Sections 27050 to 27065, inclusive.
   (4) Sections 27400 to 27415, inclusive.
   (5) Sections 27600 to 27615, inclusive.
   (6) Section 27650.
   (7) Sections 27850 to 27860, inclusive.
   (8) Sections 28400 to 28415, inclusive.
   (9) Sections 30150 to 30165, inclusive.
   (10) Sections 31705 to 31735, inclusive.
   (11) Sections 34355 to 34370, inclusive.
   (d) Subdivisions (a) and (c) do not include any provision that was
first codified in one of the specified numerical ranges after the
effective date of the Deadly Weapons Recodification Act of 2010.
   16590.  As used in this part, "generally prohibited weapon" means
any of the following:
   (a) An air gauge knife, as prohibited by Section 20310.
   (b) Ammunition that contains or consists of a flechette dart, as
prohibited by Section 30210.
   (c) A ballistic knife, as prohibited by Section 21110.
   (d) A belt buckle knife, as prohibited by Section 20410.
   (e) A bullet containing or carrying an explosive agent, as
prohibited by Section 30210.
   (f) A camouflaging firearm container, as prohibited by Section
24310.
   (g) A cane gun, as prohibited by Section 24410.
   (h) A cane sword, as prohibited by Section 20510.
   (i) A concealed dirk or dagger, as prohibited by Section 21310.
   (j) A concealed explosive substance, other than fixed ammunition,
as prohibited by Section 19100.
   (k) A firearm that is not immediately recognizable as a firearm,
as prohibited by Section 24510.
   (l) A large-capacity magazine, as prohibited by Section 32310.
   (m) A leaded cane or an instrument or weapon of the kind commonly
known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as
prohibited by Section 22210.
   (n) A lipstick case knife, as prohibited by Section 20610.
   (o) Metal knuckles, as prohibited by Section 21810.
   (p) A metal military practice handgrenade or a metal replica
handgrenade, as prohibited by Section 19200.
   (q) A multiburst trigger activator, as prohibited by Section
32900.
   (r) A nunchaku, as prohibited by Section 22010.
   (s) A shobi-zue, as prohibited by Section 20710.
   (t) A short-barreled rifle or short-barreled shotgun, as
prohibited by Section 33215.
   (u) A shuriken, as prohibited by Section 22410.
   (v) An unconventional pistol, as prohibited by Section 31500.
   (w) An undetectable firearm, as prohibited by Section 24610.
   (x) A wallet gun, as prohibited by Section 24710.
   (y) A writing pen knife, as prohibited by Section 20910.
   (z) A zip gun, as prohibited by Section 33600.
   16600.  As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, "great bodily injury" means a significant or
substantial physical injury.
   16610.  As used in this part, "gun safe" means a locking container
that fully contains and secures one or more firearms, and that meets
the standards for gun safes adopted pursuant to Section 23650.
   16620.  As used in this part, "Gun Show Trader" means a person
described in Section 26525.
   16630.  As used in this part, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
   16640.  (a) As used in this part, "handgun" means any pistol,
revolver, or firearm capable of being concealed upon the person.
   (b) Nothing shall prevent a device defined as a "handgun" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.
   16650.  (a) As used in this part, "handgun ammunition" means
ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
   (b) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
   (1) Ammunition designed and intended to be used in an antique
firearm.
   (2) Blanks.
   16660.  As used in this part, "handgun ammunition designed
primarily to penetrate metal or armor" means any ammunition, except a
shotgun shell or ammunition primarily designed for use in a rifle,
that is designed primarily to penetrate a body vest or body shield,
and has either of the following characteristics:
   (a) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
   (b) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
   16662.  As used in this part, "handgun ammunition vendor" means
any person, firm, corporation, dealer, or any other business
enterprise that is engaged in the retail sale of any handgun
ammunition, or that holds itself out as engaged in the business of
selling any handgun ammunition.
   16670.  As used in this part, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Sections
31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
   16680.  As used in this part, "hard wooden knuckles" means any
device or instrument made wholly or partially of wood or paper
products that is not metal knuckles, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow, or increases the force of impact
from the blow or injury to the individual receiving the blow. The
composite materials, wood, or paper products contained in the device
may help support the hand or fist, provide a shield to protect it, or
consist of projections or studs that would contact the individual
receiving a blow.
   16690.  As used in Sections 25650 and 26020, Article 2 (commencing
with Section 25450) of Chapter 2 of Division 5 of Title 4, and
Article 3 (commencing with Section 25900) of Chapter 3 of Division 5
of Title 4, "honorably retired" includes any peace officer who has
qualified for, and has accepted, a service or disability retirement.
As used in those provisions, "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
   16700.  (a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
   (b) As used in Section 20165, "imitation firearm" does not include
any of the following:
   (1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
   (2) A BB device.
   (3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.
   16720.  As used in this part, "immediate family member" means
either of the following relationships:
   (a) Parent and child.
   (b) Grandparent and grandchild.
   16730.  (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
   (1) For handguns, less than six transactions per calendar year.
   (2) For firearms other than handguns, occasional and without
regularity.
   (b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
   (c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns.
   16740.  As used in this part, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
   (a) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
   (b) A .22 caliber tube ammunition feeding device.
   (c) A tubular magazine that is contained in a lever-action
firearm.
   16750.  (a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
   (b) As used in Article 2 (commencing with Section 25850), Article
3 (commencing with Section 25900), and Article 4 (commencing with
Section 26000) of Chapter 3 of Division 5 of Title 4, "lawful
possession of the firearm" means that the person who has possession
or custody of the firearm either lawfully acquired and lawfully owns
the firearm or has the permission of the lawful owner or person who
otherwise has apparent authority to possess or have custody of the
firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.
   16760.  As used in this part, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
   16770.  As used in this part, "less lethal ammunition" means any
ammunition that satisfies both of the following requirements:
   (a) It is designed to be used in any less lethal weapon or any
other kind of weapon (including, but not limited to, any firearm,
pistol, revolver, shotgun, rifle, or spring, compressed air, or
compressed gas weapon).
   (b) When used in a less lethal weapon or other weapon, it is
designed to immobilize, incapacitate, or stun a human being through
the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.
   16780.  As used in this part:
   (a) "Less lethal weapon" means any device that is designed to or
that has been converted to expel or propel less lethal ammunition by
any action, mechanism, or process for the purpose of incapacitating,
immobilizing, or stunning a human being through the infliction of any
less than lethal impairment of physical condition, function, or
senses, including physical pain or discomfort. It is not necessary
that a weapon leave any lasting or permanent incapacitation,
discomfort, pain, or other injury or disability in order to qualify
as a less lethal weapon.
   (b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
   (1) Pistol, revolver, or firearm.
   (2) Machinegun.
   (3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
   (4) A pistol, rifle, or shotgun that is a firearm having a barrel
less than 0.18 inches in diameter and that is designed to expel a
projectile by any mechanical means or by compressed air or gas.
   (5) When used as designed or intended by the manufacturer, any
weapon that is commonly regarded as a toy gun, and that as a toy gun
is incapable of inflicting any impairment of physical condition,
function, or senses.
   (6) A destructive device.
   (7) A tear gas weapon.
   (8) A bow or crossbow designed to shoot arrows.
   (9) A device commonly known as a slingshot.
   (10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
   (11) A device designed for signaling, illumination, or safety.
   (12) An assault weapon.
   16790.  As used in Article 5 (commencing with Section 30900) and
Article 7 (commencing with Section 31050) of Chapter 2 of Division 10
of Title 4, "licensed gun dealer" means a person who is licensed
pursuant to Sections 26700 to 26915, inclusive, and who has a permit
to sell assault weapons or .50 BMG rifles pursuant to Section 31005.
   16800.  As used in this part, "licensed gun show producer" means a
person who has been issued a certificate of eligibility by the
Department of Justice pursuant to Section 27200. No regulations shall
be required to implement this section.
   16810.  As used in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4, "licensed premises," "licensee's business premises," or
"licensee's place of business" means the building designated in the
license.
   16820.  (a) For purposes of the provisions listed in Section
16580, use of the term "licensee" is governed by Section 26700.
   (b) For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "licensee" is governed by
Section 29030.
   16822.  Use of the term "licensee's business premises" is governed
by Section 16810.
   16824.  Use of the term "licensee's place of business" is governed
by Section 16810.
   16830.  As used in this part, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
   16840.  (a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
   (b) As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, in subparagraph (A) of paragraph (6) of
subdivision (c) of Section 25400, and in Sections 25850 to 26055,
inclusive,
   (1) A firearm shall be deemed to be "loaded" when there is an
unexpended cartridge or shell, consisting of a case that holds a
charge of powder and a bullet or shot, in, or attached in any manner
to, the firearm, including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to the firearm.
   (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall
be deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
   16850.  As used in Sections 17740, 23925, 25105, 25205, and 25610,
and in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, "locked container" means a secure container
that is fully enclosed and locked by a padlock, keylock,
                                combination lock, or similar locking
device. The term "locked container" does not include the utility or
glove compartment of a motor vehicle.
   16860.  As used in Sections 16850, 25105, and 25205, "locking
device" means a device that is designed to prevent a firearm from
functioning and, when applied to the firearm, renders the firearm
inoperable.
   16870.  As used in this part, "long-gun safe" means a locking
container designed to fully contain and secure a rifle or shotgun,
which has a locking system consisting of either a mechanical
combination lock or an electronic combination lock that has at least
1,000 possible unique combinations consisting of a minimum of three
numbers, letters, or symbols per combination, and is not listed on
the roster maintained pursuant to Section 23655.
   16880.  (a) As used in this part, "machinegun" means any weapon
that shoots, is designed to shoot, or can readily be restored to
shoot, automatically more than one shot, without manual reloading, by
a single function of the trigger.
   (b) The term "machinegun" also includes the frame or receiver of
any weapon described in subdivision (a), any part designed and
intended solely and exclusively, or combination of parts designed and
intended, for use in converting a weapon into a machinegun, and any
combination of parts from which a machinegun can be assembled if
those parts are in the possession or under the control of a person.
   (c) The term "machinegun" also includes any weapon deemed by the
federal Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing with Section
5801) of Title 26 of the United States Code.
   16890.  As used in Section 30515, "magazine" means any ammunition
feeding device.
   16900.  As used in this part, "magazine disconnect mechanism"
means a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
   16920.  As used in this part, "metal knuckles" means any device or
instrument made wholly or partially of metal that is worn for
purposes of offense or defense in or on the hand and that either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
   16930.  As used in this part, a "multiburst trigger activator"
means either of the following:
   (a) A device designed or redesigned to be attached to a
semiautomatic firearm, which allows the firearm to discharge two or
more shots in a burst by activating the device.
   (b) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
   16940.  As used in this part, "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars, or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
   16960.  As used in Article 1 (commencing with Section 26500) of
Chapter 1 of Division 6 of Title 4, "operation of law" includes, but
is not limited to, any of the following:
   (a) The executor or administrator of an estate, if the estate
includes a firearm.
   (b) A secured creditor or an agent or employee of a secured
creditor when a firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
   (c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
   (e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
   (f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
   (g) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
   (h) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
   (i) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the
Civil Code.
   16965.  As used in this part, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
   16970.  As used in Sections 16790 and 17505 and in Chapter 2
(commencing with Section 30500) of Division 10 of Title 4, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
   16980.  Use of the term "person licensed pursuant to Sections
26700 to 26915, inclusive" is governed by Section 26700.
   16990.  As used in any provision listed in subdivision (a) of
Section 16585, the phrase "a person taking title or possession of a
firearm by operation of law" includes, but is not limited to, any of
the following instances in which an individual receives title to, or
possession of, a firearm:
   (a) The executor or administrator of an estate, if the estate
includes a firearm.
   (b) A secured creditor or an agent or employee of a secured
creditor when the firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
   (c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
   (e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
   (f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
   (g) A transmutation of property consisting of a firearm pursuant
to Section 850 of the Family Code.
   (h) A firearm passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
   (i) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
   (j) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.
   17000.  (a) As used in this part, "personal handgun importer"
means an individual who meets all of the following criteria:
   (1) The individual is not a person licensed pursuant to Sections
26700 to 26915, inclusive.
   (2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
   (3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
   (4) The individual is the owner of a handgun.
   (5) The individual acquired that handgun outside of California.
   (6) The individual moved into this state on or after January 1,
1998, as a resident of this state.
   (7) The individual intends to possess that handgun within this
state on or after January 1, 1998.
   (8) The handgun was not delivered to the individual by a person
licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that firearm following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive.
   (9) The individual, while a resident of this state, had not
previously reported ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
   (10) The handgun is not a firearm that is prohibited by any
provision listed in Section 16590.
   (11) The handgun is not an assault weapon.
   (12) The handgun is not a machinegun.
   (13) The person is 18 years of age or older.
   (b) For purposes of paragraph (6) of subdivision (a):
   (1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
   (2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
   17010.  Use of the term "pistol" is governed by Section 16530.
   17020.  For purposes of this part, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of the applicant's working hours for
purposes of that employment or business.
   17030.  As used in this part, "prohibited area" means any place
where it is unlawful to discharge a weapon.
   17070.  As used in this part, "responsible adult" means a person
at least 21 years of age who is not prohibited by state or federal
law from possessing, receiving, owning, or purchasing a firearm.
   17080.  Use of the term "revolver" is governed by Section 16530.
   17090.  As used in Sections 16530, 16640, 16650, 16660, 16870, and
17170, Sections 17720 to 17730, inclusive, Section 17740,
subdivision (f) of Section 27555, Article 2 (commencing with Section
30300) of Chapter 1 of Division 10 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive in a fixed
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
   17110.  As used in Section 26890, "secure facility" means a
building that meets all of the following specifications:
   (a) All perimeter doorways shall meet one of the following:
   (1) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
   (2) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
   (3) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
   (b) All windows are covered with steel bars.
   (c) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
   (d) Any metal grates have spaces no larger than six inches wide
measured in any direction.
   (e) Any metal screens have spaces no larger than three inches wide
measured in any direction.
   (f) All steel bars shall be no further than six inches apart.
   17111.  For purposes of Chapter 2 (commencing with Section 29030)
of Division 7 of Title 4, use of the term "secure facility" is
governed by Sections 29141 and 29142.
   17125.  As used in this part, "Security Exemplar" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   17140.  As used in Sections 16900 and 31910, "semiautomatic pistol"
means a pistol with an operating mode that uses the energy of the
explosive in a fixed cartridge to extract a fired cartridge and
chamber a fresh cartridge with each single pull of the trigger.
   17160.  As used in this part, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it, which may
be exposed by a flip of the wrist or by a mechanical action.
   17170.  As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled rifle" means any of the following:
   (a) A rifle having a barrel or barrels of less than 16 inches in
length.
   (b) A rifle with an overall length of less than 26 inches.
   (c) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
   (d) Any device that may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
   (e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
   17180.  As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled shotgun" means any of the following:
   (a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.
   (b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.
   (c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
   (d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
   (e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
   17190.  As used in Sections 16530, 16640, 16870, and 17180,
Sections 17720 to 17730, inclusive, Section 17740, subdivision (f) of
Section 27555, Section 30215, and Article 1 (commencing with Section
33210) of Chapter 8 of Division 10 of Title 4, "shotgun" means a
weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade
to use the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of projectiles (ball shot) or a
single projectile for each pull of the trigger.
   17200.  As used in this part, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape, for use as a weapon for throwing.
   17210.  As used in Chapter 9 (commencing with Section 33410) of
Division 10 of Title 4, "silencer" means any device or attachment of
any kind designed, used, or intended for use in silencing,
diminishing, or muffling the report of a firearm. The term "silencer"
also includes any combination of parts, designed or redesigned, and
intended for use in assembling a silencer or fabricating a silencer
and any part intended only for use in assembly or fabrication of a
silencer.
   17220.  Use of the term "SKS rifle" is governed by Section 30710.
   17230.  As used in this part, "stun gun" means any item, except a
less lethal weapon, used or intended to be used as either an
offensive or defensive weapon that is capable of temporarily
immobilizing a person by the infliction of an electrical charge.
   17235.  As used in this part, "switchblade knife" means a knife
having the appearance of a pocketknife and includes a spring-blade
knife, snap-blade knife, gravity knife, or any other similar type
knife, the blade or blades of which are two or more inches in length
and which can be released automatically by a flick of a button,
pressure on the handle, flip of the wrist or other mechanical device,
or is released by the weight of the blade or by any type of
mechanism whatsoever. "Switchblade knife" does not include a knife
that opens with one hand utilizing thumb pressure applied solely to
the blade of the knife or a thumb stud attached to the blade,
provided that the knife has a detent or other mechanism that provides
resistance that must be overcome in opening the blade, or that
biases the blade back toward its closed position.
   17240.  (a) As used in this part, "tear gas" applies to and
includes any liquid, gaseous or solid substance intended to produce
temporary physical discomfort or permanent injury through being
vaporized or otherwise dispersed in the air.
   (b) Notwithstanding subdivision (a), "tear gas" does not apply to,
and does not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Food and Agricultural Code, provided that the substance is
not intended to be used to produce discomfort or injury to human
beings.
   17250.  As used in this part, "tear gas weapon" applies to and
includes:
   (a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gas.
   (b) Any revolver, pistol, fountain pen gun, billy, or other form
of device, portable or fixed, intended for the projection or release
of tear gas, except those regularly manufactured and sold for use
with firearm ammunition.
   17270.  As used in this part, an "unconventional pistol" means a
firearm with both of the following characteristics:
   (a) It does not have a rifled bore.
   (b) It has a barrel or barrels of less than 18 inches in length or
has an overall length of less than 26 inches.
   17280.  As used in this part, "undetectable firearm" means any
weapon that meets either of the following requirements:
   (a) After removal of grips, stocks, and magazines, the weapon is
not as detectable as the Security Exemplar, by a walk-through metal
detector calibrated and operated to detect the Security Exemplar.
   (b) Any major component of the weapon, as defined in Section 922
of Title 18 of the United States Code, when subjected to inspection
by the types of X-ray machines commonly used at airports, does not
generate an image that accurately depicts the shape of the component.
Barium sulfate or other compounds may be used in the fabrication of
the component.
   17290.  As used in this part, "undetectable knife" means any knife
or other instrument, with or without a handguard, that satisfies all
of the following requirements:
   (a) It is capable of ready use as a stabbing weapon that may
inflict great bodily injury or death.
   (b) It is commercially manufactured to be used as a weapon.
   (c) It is not detectable by a metal detector or magnetometer,
either handheld or otherwise, which is set at standard calibration.
   17300.  Use of the phrase "unsafe handgun" is governed by Section
31910.
   17310.  As used in this part, "used firearm" means a firearm that
has been sold previously at retail and is more than three years old.
   17315.  As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means a handgun
ammunition vendor.
   17320.  For purposes of Section 31360 only, "violent felony"
refers to the specific crimes listed in subdivision (c) of Section
667.5, and to crimes defined under the applicable laws of the United
States or any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.

   17330.  As used in this part, "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
   17340.  (a) As used in this part, "wholesaler" means any person
who is licensed as a dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, who sells, transfers, or assigns
firearms, or parts of firearms, to persons who are licensed as
manufacturers, importers, or gunsmiths pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
or persons licensed pursuant to Sections 26700 to 26915, inclusive,
and includes persons who receive finished parts of firearms and
assemble them into completed or partially completed firearms in
furtherance of that purpose.
   (b) "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Sections 26700 to 26915,
inclusive, and the regulations issued pursuant thereto. A wholesaler
also does not include a person dealing exclusively in grips, stocks,
and other parts of firearms that are not frames or receivers
thereof.
   17350.  As used in this part, "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
   17360.  As used in this part, "zip gun" means any weapon or device
that meets all of the following criteria:
   (a) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (b) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (c) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
   (d) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.

      TITLE 2.  WEAPONS GENERALLY



      DIVISION 1.  MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY


   17500.  Every person having upon the person any deadly weapon,
with intent to assault another, is guilty of a misdemeanor.
   17505.  It shall be unlawful for any person, as defined in Section
16970, to advertise the sale of any weapon or device, the possession
of which is prohibited by Section 18710, 20110, 30315, 30320, 32625,
or 33410, by Article 2 (commencing with Section 30600) of Chapter 2
of Division 10 of Title 4, or by any provision listed in Section
16590, in any newspaper, magazine, circular, form letter, or open
publication that is published, distributed, or circulated in this
state, or on any billboard, card, label, or other advertising medium,
or by means of any other advertising device.
   17510.  (a) Any person who does any of the following acts while
engaged in picketing, or other informational activities in a public
place relating to a concerted refusal to work, is guilty of a
misdemeanor:
   (1) Carries concealed upon the person, or within any vehicle which
is under the person's control or direction, any pistol, revolver, or
other firearm capable of being concealed upon the person.
   (2) Carries a loaded firearm upon the person or within any vehicle
that is under the person's control or direction.
   (3) Carries a deadly weapon.
   (b) This section shall not be construed to authorize or ratify any
picketing or other informational activities not otherwise authorized
by law.
   (c) The following provisions shall not be construed to authorize
any conduct described in paragraph (1) of subdivision (a):
   (1) Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4.
   (2) Sections 25615 to 25655, inclusive.
   (d) Sections 25900 to 26020, inclusive, shall not be construed to
authorize any conduct described in paragraph (2) of subdivision (a).
   17515.  Nothing in any provision listed in Section 16580 prohibits
a police officer, special police officer, peace officer, or law
enforcement officer from carrying any equipment authorized for the
enforcement of law or ordinance in any city or county.

      DIVISION 2.  GENERALLY PROHIBITED WEAPONS


      CHAPTER 1.  EXEMPTIONS


   17700.  The provisions listed in Section 16590 do not apply to any
antique firearm.
   17705.  (a) The provisions listed in Section 16590 do not apply to
any firearm or ammunition that is a curio or relic as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations and
that is in the possession of a person permitted to possess the items
under Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
   (b) Any person prohibited by Chapter 1 (commencing with Section
29610), Chapter 2 (commencing with Section 29800), or Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of this
part, or Section 8100 or 8103 of the Welfare and Institutions Code,
from possessing firearms or ammunition who obtains title to these
items by bequest or intestate succession may retain title for not
more than one year, but actual possession of these items at any time
is punishable under Chapter 1 (commencing with Section 29610),
Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing
with Section 29900) of Division 9 of Title 4 of this part, or Section
8100 or 8103 of                                           the
Welfare and Institutions Code. Within the year, the person shall
transfer title to the firearms or ammunition by sale, gift, or other
disposition. Any person who violates this section is in violation of
the applicable provision listed in Section 16590.
   17710.  (a) The provisions listed in Section 16590 do not apply to
"any other weapon" as defined in subsection (e) of Section 5845 of
Title 26 of the United States Code, which is in the possession of a
person permitted to possess the weapons under the federal Gun Control
Act of 1968 (Public Law 90-618), as amended, and the regulations
issued pursuant thereto.
   (b) Any person prohibited by Chapter 1 (commencing with Section
29610), Chapter 2 (commencing with Section 29800), or Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of this
part, or Section 8100 or 8103 of the Welfare and Institutions Code,
from possessing these weapons who obtains title to these weapons by
bequest or intestate succession may retain title for not more than
one year, but actual possession of these weapons at any time is
punishable under Chapter 1 (commencing with Section 29610), Chapter 2
(commencing with Section 29800), or Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of this part, or Section 8100
or 8103 of the Welfare and Institutions Code. Within the year, the
person shall transfer title to the weapons by sale, gift, or other
disposition. Any person who violates this section is in violation of
the applicable provision listed in Section 16590.
   (c) The exemption provided by this section does not apply to a pen
gun.
   17715.  The provisions listed in Section 16590 do not apply to any
instrument or device that is possessed by a federal, state, or local
historical society, museum, or institutional collection that is open
to the public if all of the following conditions are satisfied:
   (a) The instrument or device is properly housed.
   (b) The instrument or device is secured from unauthorized
handling.
   (c) If the instrument or device is a firearm, it is unloaded.
   17720.  The provisions listed in Section 16590 do not apply to any
instrument or device, other than a short-barreled rifle or a
short-barreled shotgun, which is possessed or used during the course
of a motion picture, television, or video production or entertainment
event by an authorized participant therein in the course of making
that production or event or by an authorized employee or agent of the
entity producing that production or event.
   17725.  The provisions listed in Section 16590 do not apply to any
instrument or device, other than a short-barreled rifle or a
short-barreled shotgun, which is sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by a person who
is in the business of selling instruments or devices listed in
Section 16590 solely to the entities referred to in Sections 17715
and 17720 when engaging in transactions with those entities.
   17730.  The provisions listed in Section 16590 do not apply to any
of the following:
   (a) The sale to, possession of, or purchase of any weapon, device,
or ammunition, other than a short-barreled rifle or a short-barreled
shotgun, by any federal, state, county, city and county, or city
agency that is charged with the enforcement of any law for use in the
discharge of its official duties.
   (b) The possession of any weapon, device, or ammunition, other
than a short-barreled rifle or short-barreled shotgun, by any peace
officer of any federal, state, county, city and county, or city
agency that is charged with the enforcement of any law, when the
officer is on duty and the use is authorized by the agency and is
within the course and scope of the officer's duties.
   (c) Any weapon, device, or ammunition, other than a short-barreled
rifle or a short-barreled shotgun, that is sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
any person who is in the business of selling weapons, devices, and
ammunition listed in Section 16590 solely to the entities referred to
in subdivision (a) when engaging in transactions with those
entities.
   17735.  The provisions listed in Section 16590 do not apply to any
instrument, ammunition, weapon, or device that is not a firearm and
is found and possessed by a person who meets all of the following:
   (a) The person is not prohibited from possessing firearms or
ammunition under subdivision (a) of Section 30305 or Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of Title 4 of this part, or Section 8100 or
8103 of the Welfare and Institutions Code.
   (b) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport it to a
law enforcement agency for that agency's disposition according to
law.
   (c) If the person is transporting the item, the person is
transporting it to a law enforcement agency for disposition according
to law.
   17740.  The provisions listed in Section 16590 do not apply to any
firearm, other than a short-barreled rifle or short-barreled
shotgun, which is found and possessed by a person who meets all of
the following:
   (a) The person is not prohibited from possessing firearms or
ammunition under subdivision (a) of Section 30305 or Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of Title 4 of this part, or Section 8100 or
8103 of the Welfare and Institutions Code.
   (b) The person possessed the firearm no longer than was necessary
to deliver or transport it to a law enforcement agency for that
agency's disposition according to law.
   (c) If the person is transporting the firearm, the person is
transporting it to a law enforcement agency for disposition according
to law.
   (d) Before transporting the firearm to a law enforcement agency,
the person has given prior notice to that law enforcement agency that
the person is transporting the firearm to that law enforcement
agency for disposition according to law.
   (e) The firearm is transported in a locked container as defined in
Section 16850.
   17745.  The provisions listed in Section 16590 do not apply to the
possession of any weapon, device, or ammunition by a forensic
laboratory or by any authorized agent or employee thereof in the
course and scope of the person's authorized activities.
      CHAPTER 2.  MISCELLANEOUS PROVISIONS


   17800.  For purposes of the provisions listed in Section 16590, a
violation as to each firearm, weapon, or device enumerated in any of
those provisions shall constitute a distinct and separate offense.

      DIVISION 3.  SURRENDER, DISPOSAL, AND ENJOINING OF WEAPONS
CONSTITUTING A NUISANCE


   18000.  (a) Any weapon described in Section 19190, 21390, 21590,
or 25700, or, upon conviction of the defendant or upon a juvenile
court finding that an offense that would be a misdemeanor or felony
if committed by an adult was committed or attempted by the juvenile
with the use of a firearm, any weapon described in Section 29300,
shall be surrendered to one of the following:
   (1) The sheriff of a county.
   (2) The chief of police or other head of a municipal police
department of any city or city and county.
   (3) The chief of police of any campus of the University of
California or the California State University.
   (4) The Commissioner of the California Highway Patrol.
   (b) For purposes of this section, the Commissioner of the
California Highway Patrol shall receive only weapons that were
confiscated by a member of the California Highway Patrol.
   (c) A finding that the defendant was guilty of the offense but was
insane at the time the offense was committed is a conviction for the
purposes of this section.
   18005.  (a) An officer to whom weapons are surrendered under
Section 18000, except upon the certificate of a judge of a court of
record, or of the district attorney of the county, that the retention
thereof is necessary or proper to the ends of justice, may annually,
between the 1st and 10th days of July, in each year, offer the
weapons, which the officer in charge of them considers to have value
with respect to sporting, recreational, or collection purposes, for
sale at public auction to persons licensed pursuant to Sections 26700
to 26915, inclusive, to engage in businesses involving any weapon
purchased.
   (b) If any weapon has been stolen and is thereafter recovered from
the thief or the thief's transferee, or is used in a manner as to
constitute a nuisance under Section 19190, 21390, 21590, or 29300, or
subdivision (a) of Section 25700 without the prior knowledge of its
lawful owner that it would be so used, it shall not be offered for
sale under subdivision (a) but shall be restored to the lawful owner,
as soon as its use as evidence has been served, upon the lawful
owner's identification of the weapon and proof of ownership, and
after the law enforcement agency has complied with Chapter 2
(commencing with Section 33850) of Division 11 of Title 4.
   (c) If, under this section, a weapon is not of the type that can
be sold to the public, generally, or is not sold under subdivision
(a), the weapon, in the month of July, next succeeding, or sooner, if
necessary to conserve local resources, including space and
utilization of personnel who maintain files and security of those
weapons, shall be destroyed so that it can no longer be used as a
weapon subject to surrender under Section 18000, except upon the
certificate of a judge of a court of record, or of the district
attorney of the county, that the retention of it is necessary or
proper to the ends of justice.
   (d) No stolen weapon shall be sold or destroyed pursuant to
subdivision (a) or (c) unless reasonable notice is given to its
lawful owner, if the lawful owner's identity and address can be
reasonably ascertained.
   18010.  (a) The Attorney General, district attorney, or city
attorney may bring an action to enjoin the manufacture of,
importation of, keeping for sale of, offering or exposing for sale,
giving, lending, or possession of, any item that constitutes a
nuisance under any of the following provisions:
   (1) Section 19290, relating to metal handgrenades.
   (2) Section 20390, relating to an air gauge knife.
   (3) Section 20490, relating to a belt buckle knife.
   (4) Section 20590, relating to a cane sword.
   (5) Section 20690, relating to a lipstick case knife.
   (6) Section 20790, relating to a shobi-zue.
   (7) Section 20990, relating to a writing pen knife.
   (8) Section 21190, relating to a ballistic knife.
   (9) Section 21890, relating to metal knuckles.
   (10) Section 22090, relating to a nunchaku.
   (11) Section 22290, relating to a leaded cane or an instrument or
weapon of the kind commonly known as a billy, blackjack, sandbag,
sandclub, sap, or slungshot.
   (12) Section 22490, relating to a shuriken.
   (13) Section 24390, relating to a camouflaging firearm container.
   (14) Section 24490, relating to a cane gun.
   (15) Section 24590, relating to a firearm not immediately
recognizable as a firearm.
   (16) Section 24690, relating to an undetectable firearm.
   (17) Section 24790, relating to a wallet gun.
   (18) Section 30290, relating to flechette dart ammunition and to a
bullet with an explosive agent.
   (19) Section 31590, relating to an unconventional pistol.
   (20) Section 32390, relating to a large-capacity magazine.
   (21) Section 32990, relating to a multiburst trigger activator.
   (22) Section 33290, relating to a short-barreled rifle or a
short-barreled shotgun.
   (23) Section 33690, relating to a zip gun.
   (b) These weapons shall be subject to confiscation and summary
destruction whenever found within the state.
   (c) These weapons shall be destroyed in the same manner described
in Section 18005, except that upon the certification of a judge or of
the district attorney that the ends of justice will be served
thereby, the weapon shall be preserved until the necessity for its
use ceases.

      DIVISION 4.  SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE
OF DOMESTIC VIOLENCE


      CHAPTER 1.  SEIZURE AND SUBSEQUENT PROCEDURES


   18250.  If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, that person shall take temporary custody of any
firearm or other deadly weapon in plain sight or discovered pursuant
to a consensual or other lawful search as necessary for the
protection of the peace officer or other persons present:
   (a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.
   (b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
   (c) A member of the University of California Police Department, as
defined in subdivision (b) of Section 830.2.
   (d) An officer listed in Section 830.6, while acting in the course
and scope of the officer's employment as a peace officer.
   (e) A member of a California State University Police Department,
as defined in subdivision (c) of Section 830.2.
   (f) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
   (g) A peace officer, as defined in subdivision (d) of Section
830.31.
   (h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32.
   (i) A peace officer, as defined in Section 830.5.
   18255.  (a) Upon taking custody of a firearm or other deadly
weapon pursuant to this division, the officer shall give the owner or
person who possessed the firearm a receipt.
   (b) The receipt shall describe the firearm or other deadly weapon
and list any identification or serial number on the firearm.
   (c) The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this division, and the date after which the owner or possessor can
recover the firearm or other deadly weapon.
   18260.  Any peace officer, as defined in subdivisions (a) and (b)
of Section 830.32, who takes custody of a firearm or deadly weapon
pursuant to this division, shall deliver the firearm within 24 hours
to the city police department or county sheriff's office in the
jurisdiction where the college or school is located.
   18265.  (a) No firearm or other deadly weapon taken into custody
pursuant to this division shall be held less than 48 hours.
   (b) Except as provided in Section 18400, if a firearm or other
deadly weapon is not retained for use as evidence related to criminal
charges brought as a result of the domestic violence incident or is
not retained because it was illegally possessed, the firearm or other
deadly weapon shall be made available to the owner or person who was
in lawful possession 48 hours after the seizure, or as soon
thereafter as possible, but no later than five business days after
the owner or person who was in lawful possession demonstrates
compliance with Chapter 2 (commencing with Section 33850) of Division
11 of Title 4.
   (c) In any civil action or proceeding for the return of any
firearm, ammunition, or other deadly weapon seized by any state or
local law enforcement agency and not returned within five business
days after the initial seizure, except as provided in Section 18270,
the court shall allow reasonable attorney's fees to the prevailing
party.
   18270.  If a firearm or other deadly weapon has been stolen and
has been taken into custody pursuant to this division, it shall be
restored to the lawful owner upon satisfaction of all of the
following conditions:
   (a) Its use for evidence has been served.
   (b) The owner identifies the firearm or other deadly weapon and
provides proof of ownership.
   (c) The law enforcement agency has complied with Chapter 2
(commencing with Section 33850) of Division 11 of Title 4.
   18275.  (a) Any firearm or other deadly weapon that has been taken
into custody and held by any of the following law enforcement
authorities for longer than 12 months, and has not been recovered by
the owner or person who had lawful possession at the time it was
taken into custody, shall be considered a nuisance and sold or
destroyed as provided in subdivisions (a) and (b) of Section 18000
and subdivisions (a) and (b) of Section 18005:
   (1) A police, university police, or sheriff's department.
   (2) A marshal's office.
   (3) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
   (4) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
   (5) A peace officer, as defined in subdivision (d) of Section
830.31.
   (6) A peace officer, as defined in Section 830.5.
   (b) If a firearm or other deadly weapon is not recovered within 12
months due to an extended hearing process as provided in Section
18420, it is not subject to destruction until the court issues a
decision, and then only if the court does not order the return of the
firearm or other deadly weapon to the owner.
      CHAPTER 2.  PROCEDURE WHERE AGENCY BELIEVES RETURN OF WEAPON
WOULD CREATE DANGER


   18400.  (a) When a law enforcement agency has reasonable cause to
believe that the return of a firearm or other deadly weapon seized
under this division would be likely to result in endangering the
victim or the person who reported the assault or threat, the agency
shall so advise the owner of the firearm or other deadly weapon, and
within 60 days of the date of seizure, initiate a petition in
superior court to determine if the firearm or other deadly weapon
should be returned.
   (b) The law enforcement agency may make an ex parte application
stating good cause for an order extending the time to file a
petition.
   (c) Including any extension of time granted in response to an ex
parte request, a petition must be filed within 90 days of the date of
seizure of the firearm or other deadly weapon.
   18405.  (a) If a petition is filed under Section 18400, the law
enforcement agency shall inform the owner or person who had lawful
possession of the firearm or other deadly weapon, at that person's
last known address, by registered mail, return receipt requested,
that the person has 30 days from the date of receipt of the notice to
respond to the court clerk to confirm the person's desire for a
hearing, and that the failure to respond shall result in a default
order forfeiting the confiscated firearm or other deadly weapon.
   (b) For purposes of this section, the person's last known address
shall be presumed to be the address provided to the law enforcement
officer by that person at the time of the family violence incident.
   (c) In the event the person whose firearm or other deadly weapon
was seized does not reside at the last address provided to the
agency, the agency shall make a diligent, good faith effort to learn
the whereabouts of the person and to comply with these notification
requirements.
   18410.  (a) If the person who receives a petition under Section
18405 requests a hearing, the court clerk shall set a hearing no
later than 30 days from receipt of that request.
   (b) The court clerk shall notify the person, the law enforcement
agency involved, and the district attorney of the date, time, and
place of the hearing.
   (c) Unless it is shown by a preponderance of the evidence that the
return of the firearm or other deadly weapon would result in
endangering the victim or the person reporting the assault or threat,
the court shall order the return of the firearm or other deadly
weapon and shall award reasonable attorney's fees to the prevailing
party.
   18415.  If the person who receives a petition under Section 18405
does not request a hearing or does not otherwise respond within 30
days of the receipt of the notice, the law enforcement agency may
file a petition for an order of default and may dispose of the
firearm or other deadly weapon as provided in Sections 18000 and
18005.
   18420.  (a) If, at a hearing under Section 18410, the court does
not order the return of the firearm or other deadly weapon to the
owner or person who had lawful possession, that person may petition
the court for a second hearing within 12 months from the date of the
initial hearing.
   (b) If there is a petition for a second hearing, unless it is
shown by clear and convincing evidence that the return of the firearm
or other deadly weapon would result in endangering the victim or the
person reporting the assault or threat, the court shall order the
return of the firearm or other deadly weapon and shall award
reasonable attorney's fees to the prevailing party.
   (c) If the owner or person who had lawful possession does not
petition the court within this 12-month period for a second hearing
or is unsuccessful at the second hearing in gaining return of the
firearm or other deadly weapon, the firearm or other deadly weapon
may be disposed of as provided in Sections 18000 and 18005.
      CHAPTER 3.  LIABILITY


   18500.  The law enforcement agency, or the individual law
enforcement officer, shall not be liable for any act in the good
faith exercise of this division.

      DIVISION 5.  DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR
WEAPONS


      CHAPTER 1.  DESTRUCTIVE DEVICES AND EXPLOSIVES GENERALLY



      Article 1.  Prohibited Acts


   18710.  (a) Except as provided by this chapter, any person, firm,
or corporation who, within this state, possesses any destructive
device, other than fixed ammunition of a caliber greater than .60
caliber, is guilty of a public offense.
   (b) A person, firm, or corporation who is convicted of an offense
under subdivision (a) shall be punished by imprisonment in the county
jail for a term not to exceed one year, or in state prison, or by a
fine not to exceed ten thousand dollars ($10,000), or by both this
fine and imprisonment.
   18715.  (a) Every person who recklessly or maliciously has in
possession any destructive device or any explosive in any of the
following places is guilty of a felony:
   (1) On a public street or highway.
   (2) In or near any theater, hall, school, college, church, hotel,
or other public building.
   (3) In or near any private habitation.
   (4) In, on, or near any aircraft, railway passenger train, car,
cable road, cable car, or vessel engaged in carrying passengers for
hire.
   (5) In, on, or near any other public place ordinarily passed by
human beings.
   (b) An offense under subdivision (a) is punishable by imprisonment
in the state prison for a period of two, four, or six years.
   18720.  Every person who possesses any substance, material, or any
combination of substances or materials, with the intent to make any
destructive device or any explosive without first obtaining a valid
permit to make that destructive device or explosive, is guilty of a
felony, and is punishable by imprisonment in the state prison for
two, three, or four years.
   18725.  Every person who willfully does any of the following is
guilty of a felony and is punishable by imprisonment in the state
prison for two, four, or six years:
   (a) Carries any destructive device or any explosive on any vessel,
aircraft, car, or other vehicle that transports passengers for hire.

   (b) While on board any vessel, aircraft, car, or other vehicle
that transports passengers for hire, places or carries any
destructive device or any explosive in any hand baggage, roll, or
other container.
   (c) Places any destructive device or any explosive in any baggage
that is later checked with any common carrier.
   18730.  Except as provided by this chapter, any person, firm, or
corporation who, within this state, sells, offers for sale, or
knowingly transports any destructive device, other than fixed
ammunition of a caliber greater than .60 caliber, is guilty of a
felony and is punishable by imprisonment in the state prison for two,
three, or four years.
   18735.  (a) Except as provided by this chapter, any person, firm,
or corporation who, within this state, sells, offers for sale,
possesses or knowingly transports any fixed ammunition of a caliber
greater than .60 caliber is guilty of a public offense.
   (b) Upon conviction of an offense under subdivision (a), a person,
firm, or corporation shall be punished by imprisonment in the county
jail for a term not to exceed six months or by a fine not to exceed
one thousand dollars ($1,000), or by both this fine and imprisonment.

   (c) A second or subsequent conviction shall be punished by
imprisonment in the county jail for a term not to exceed one year, or
by imprisonment in the state prison, or by a fine not to exceed
three thousand dollars ($3,000), or by both this fine and
imprisonment.
   18740.  Every person who possesses, explodes, ignites, or attempts
to explode or ignite any destructive device or any explosive with
intent to injure, intimidate, or terrify any person, or with intent
to wrongfully injure or destroy any property, is guilty of a felony,
and shall be punished by imprisonment in the state prison for a
period of three, five, or seven years.
   18745.  Every person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive with intent to
commit murder is guilty of a felony, and shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
   18750.  Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive that causes bodily
injury to any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for a period of five, seven, or nine
years.
   18755.  (a) Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive that causes the
death of any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for life without the possibility of
parole.
   (b) Every person who willfully and maliciously explodes or ignites
any destructive device or any explosive that causes mayhem or great
bodily injury to any person is guilty of a felony, and shall be
punished by imprisonment in the state prison for life.
   18780.  A person convicted of a violation of this chapter shall
not be granted probation, and the execution of the sentence imposed
upon that person shall not be suspended by the court.

      Article 2.  Exemptions


   18800.  (a) Nothing in this chapter prohibits the sale to,
purchase by, or possession, transportation, storage, or use of, a
destructive device or explosive by any of the following:
                                      (1) Any peace officer listed in
Section 830.1 or 830.2, or any peace officer in the Department of
Justice authorized by the Attorney General, while on duty and acting
within the scope and course of employment.
   (2) Any member of the Army, Navy, Air Force, or Marine Corps of
the United States, or the National Guard, while on duty and acting
within the scope and course of employment.
   (b) Nothing in this chapter prohibits the sale to, or the
purchase, possession, transportation, storage, or use by any person
who is a regularly employed and paid officer, employee, or member of
a fire department or fire protection or firefighting agency of the
federal government, the State of California, a city, county, city and
county, district, or other public or municipal corporation or
political subdivision of this state, while on duty and acting within
the scope and course of employment, of any equipment used by that
department or agency in the course of fire suppression.

      Article 3.  Permit and Inspection


   18900.  (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
   (b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
   (1) Has been convicted of any felony.
   (2) Is addicted to the use of any narcotic drug.
   (3) Is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
   (c) An application for a permit shall comply with all of the
following:
   (1) It shall be filed in writing.
   (2) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.
   (3) It shall state the name, business in which engaged, business
address, and a full description of the use to which the destructive
devices are to be put.
   (d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
   18905.  (a) Each applicant for a permit under this article shall
pay at the time of filing the application a fee not to exceed the
application processing costs of the Department of Justice.
   (b) A permit granted under this article may be renewed one year
from the date of issuance, and annually thereafter, upon the filing
of a renewal application and the payment of a permit renewal fee not
to exceed the application processing costs of the Department of
Justice.
   (c) After the department establishes fees sufficient in amount to
cover processing costs, the amount of the fees shall only increase at
a rate not to exceed the legislatively approved cost-of-living
adjustment for the department.
   18910.  (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued under this article, annually conduct an inspection
for security and safe storage purposes, and to reconcile the
inventory of destructive devices.
   (b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

      Article 4.  Destructive Device Constituting Nuisance


   19000.  (a) Possession of any destructive device in violation of
this chapter is a public nuisance.
   (b) The Attorney General or district attorney of any city, county,
or city and county may bring an action in the superior court to
enjoin the possession of any destructive device.
   (c) Any destructive device found to be in violation of this
chapter shall be surrendered to the Department of Justice, or to the
sheriff or chief of police, if the sheriff or chief of police has
elected to perform the services required by this section. The
department, sheriff, or chief of police shall destroy the destructive
device so as to render it unusable and unrepairable as a destructive
device, except upon the filing of a certificate with the department
by a judge or district attorney stating that the preservation of the
destructive device is necessary to serve the ends of justice.
      CHAPTER 2.  EXPLOSIVE SUBSTANCE OTHER THAN FIXED AMMUNITION


   19100.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2, any person in this state who carries concealed
upon the person any explosive substance, other than fixed ammunition,
is punishable by imprisonment in a county jail not exceeding one
year or in the state prison.
   19190.  The unlawful concealed carrying upon the person of any
explosive substance other than fixed ammunition, as provided in
Section 19100, is a nuisance and is subject to Sections 18000 and
18005.
      CHAPTER 3.  HANDGRENADES


   19200.  (a) Except as provided in Section 19205 and Chapter 1
(commencing with Section 17700) of Division 2, any person in this
state who manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any metal military practice handgrenade or metal
replica handgrenade is punishable by imprisonment in a county jail
not exceeding one year or in the state prison.
   (b) Notwithstanding subdivision (a), a first offense involving any
metal military practice handgrenade or metal replica handgrenade
shall be punishable only as an infraction unless the offender is an
active participant in a criminal street gang as defined in the Street
Terrorism and Enforcement and Prevention Act (Chapter 11 (commencing
with Section 186.20) of Title 7 of Part 1).
   19205.  Section 19200 does not apply to any plastic toy
handgrenade, or any metal military practice handgrenade or metal
replica handgrenade that is a relic, curio, memorabilia, or display
item, that is filled with a permanent inert substance, or that is
otherwise permanently altered in a manner that prevents ready
modification for use as a grenade.
   19290.  Except as provided in Section 19205 and in Chapter 1
(commencing with Section 17700) of Division 2, any metal military
practice handgrenade or metal replica handgrenade is a nuisance and
is subject to Section 18010.

      DIVISION 6.  LESS LETHAL WEAPONS


   19400.  A person who is a peace officer or a custodial officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, may, if authorized by and under the terms and conditions as
are specified by the person's employing agency, purchase, possess, or
transport any less lethal weapon or ammunition for any less lethal
weapon, for official use in the discharge of the person's duties.
   19405.  Any person who sells a less lethal weapon to a person
under the age of 18 years is guilty of a misdemeanor, punishable by
imprisonment in the county jail for up to six months or by a fine of
not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.

      TITLE 3.  WEAPONS AND DEVICES OTHER THAN FIREARMS



      DIVISION 1.  BB DEVICES


   19910.  Every person who sells any BB device to a minor is guilty
of a misdemeanor.
   19915.  (a) Every person who furnishes any BB device to any minor,
without the express or implied permission of a parent or legal
guardian of the minor, is guilty of a misdemeanor.
   (b) As used in this section, "furnishes" means either of the
following:
   (1) A loan.
   (2) A transfer that does not involve a sale.

      DIVISION 2.  BLOWGUNS


   20010.  Any person who knowingly manufactures, sells, offers for
sale, possesses, or uses a blowgun or blowgun ammunition in this
state is guilty of a misdemeanor.
   20015.  Nothing in this division shall prohibit the sale to,
purchase by, possession of, or use of any blowgun or blowgun
ammunition by zookeepers, animal control officers, Department of Fish
and Game personnel, humane officers whose names are maintained in
the county record of humane officers pursuant to Section 14502 of the
Corporations Code, or veterinarians in the course and scope of their
business in order to administer medicine to animals.

      DIVISION 3.  BOOBYTRAP


   20110.  (a) Except as provided in Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2, any person who assembles,
maintains, places, or causes to be placed a boobytrap device is
guilty of a felony punishable by imprisonment in the state prison for
two, three, or five years.
   (b) Possession of any device with the intent to use the device as
a boobytrap is punishable by imprisonment in state prison, or in a
county jail not exceeding one year, or by a fine not exceeding five
thousand dollars ($5,000), or by both that fine and imprisonment.

      DIVISION 4.  IMITATION FIREARMS


   20150.  (a) Any person who changes, alters, removes, or
obliterates any coloration or markings that are required by any
applicable state or federal law or regulation, for any imitation
firearm, or any device described in subdivision (b) of Section 16700,
in a way that makes the imitation firearm or device look more like a
firearm, is guilty of a misdemeanor.
   (b) This section does not apply to a manufacturer, importer, or
distributor of imitation firearms.
   (c) This section does not apply to lawful use in theatrical
productions, including motion pictures, television, and stage
productions.
   20155.  Any manufacturer, importer, or distributor of imitation
firearms that fails to comply with any applicable federal law or
regulation governing the marking of a toy, look-alike, or imitation
firearm, as defined by federal law or regulation, is guilty of a
misdemeanor.
   20160.  (a) Any imitation firearm manufactured after July 1, 2005,
shall, at the time of offer for sale in this state, be accompanied
by a conspicuous advisory in writing as part of the packaging, but
not necessarily affixed to the imitation firearm, to the effect that
the product may be mistaken for a firearm by law enforcement officers
or others, that altering the coloration or markings required by
state or federal law or regulations so as to make the product look
more like a firearm is dangerous, and may be a crime, and that
brandishing or displaying the product in public may cause confusion
and may be a crime.
   (b) Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm manufactured
after July 1, 2005, shall be liable for a civil fine for each action
brought by a city attorney or district attorney of not more than one
thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000)
for the third action and each subsequent action.
   20165.  (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm, except as
authorized by this section, is liable for a civil fine in an action
brought by the city attorney or the district attorney of not more
than ten thousand dollars ($10,000) for each violation.
   (b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of an
imitation firearm is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
   (1) Solely for export in interstate or foreign commerce.
   (2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
   (3) For use in a certified or regulated sporting event or
competition.
   (4) For use in military or civil defense activities, or ceremonial
activities.
   (5) For public displays authorized by public or private schools.
   20170.  (a) No person may openly display or expose any imitation
firearm in a public place.
   (b) As used in this section, "public place" means an area open to
the public and includes any of the following:
   (1) A street.
   (2) A sidewalk.
   (3) A bridge.
   (4) An alley.
   (5) A plaza.
   (6) A park.
   (7) A driveway.
   (8) A front yard.
   (9) A parking lot.
   (10) An automobile, whether moving or not.
   (11) A building open to the general public, including one that
serves food or drink, or provides entertainment.
   (12) A doorway or entrance to a building or dwelling.
   (13) A public school.
   (14) A public or private college or university.
   20175.  Section 20170 does not apply in any of the following
circumstances:
   (a) The imitation firearm is packaged or concealed so that it is
not subject to public viewing.
   (b) The imitation firearm is displayed or exposed in the course of
commerce, including a commercial film or video production, or for
service, repair, or restoration of the imitation firearm.
   (c) The imitation firearm is used in a theatrical production, a
motion picture, video, television, or stage production.
   (d) The imitation firearm is used in conjunction with a certified
or regulated sporting event or competition.
   (e) The imitation firearm is used in conjunction with lawful
hunting, or a lawful pest control activity.
   (f) The imitation firearm is used or possessed at a certified or
regulated public or private shooting range.
   (g) The imitation firearm is used at a fair, exhibition,
exposition, or other similar activity for which a permit has been
obtained from a local or state government.
   (h) The imitation firearm is used in a military, civil defense, or
civic activity, including a flag ceremony, color guard, parade,
award presentation, historical reenactment, or memorial.
   (i) The imitation firearm is used for a public display authorized
by a public or private school or a display that is part of a museum
collection.
   (j) The imitation firearm is used in a parade, ceremony, or other
similar activity for which a permit has been obtained from a local or
state government.
   (k) The imitation firearm is displayed on a wall plaque or in a
presentation case.
   (l) The imitation firearm is used in an area where the discharge
of a firearm is lawful.
   (m) The entire exterior surface of the imitation firearm is white,
bright red, bright orange, bright yellow, bright green, bright blue,
bright pink, or bright purple, either singly or as the predominant
color in combination with other colors in any pattern, or the entire
device is constructed of transparent or translucent material that
permits unmistakable observation of the device's complete contents.
Merely having an orange tip as provided in federal law and
regulations does not satisfy this requirement. The entire surface
must be colored or transparent or translucent.
   20180.  (a) Except as provided in subdivision (b), violation of
Section 20170 is an infraction punishable by a fine of one hundred
dollars ($100) for the first offense, and three hundred dollars
($300) for a second offense.
   (b) A third or subsequent violation of Section 20170 is punishable
as a misdemeanor.
   (c) Nothing in Section 20170, 20175, or this section shall be
construed to preclude prosecution for a violation of Section 171b,
171.5, or 626.10.

      DIVISION 5.  KNIVES AND SIMILAR WEAPONS


      CHAPTER 1.  GENERAL PROVISIONS


   20200.  A knife carried in a sheath that is worn openly suspended
from the waist of the wearer is not concealed within the meaning of
Section 16140, 16340, 17350, or 21310.
      CHAPTER 2.  DISGUISED OR MISLEADING APPEARANCE



      Article 1.  Air Gauge Knife


   20310.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any air gauge knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   20390.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any air gauge knife is a nuisance
and is subject to Section 18010.

      Article 2.  Belt Buckle Knife


   20410.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any belt buckle knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   20490.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any belt buckle knife is a nuisance
and is subject to Section 18010.

      Article 3.  Cane Sword


   20510.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any cane sword is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
   20590.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any cane sword is a nuisance and is
subject to Section 18010.

      Article 4.  Lipstick Case Knife


   20610.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any lipstick case knife is punishable by imprisonment in
a county jail not exceeding one year or in the state prison.
   20690.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any lipstick case knife is a
nuisance and is subject to Section 18010.

      Article 5.  Shobi-zue


   20710.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any shobi-zue is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
   20790.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any shobi-zue is a nuisance and is
subject to Section 18010.

      Article 6.  Undetectable Knife


   20810.  (a) Any person in this state who commercially manufactures
or causes to be commercially manufactured, or who knowingly imports
into the state for commercial sale, or who knowingly exports out of
this state for commercial, dealer, wholesaler, or distributor sale,
or who keeps for commercial sale, or offers or exposes for
commercial, dealer, wholesaler, or distributor sale, any undetectable
knife is guilty of a misdemeanor.
   (b) Notwithstanding any other provision of law, commencing January
1, 2000, all knives or other instrument with or without a handguard
that is capable of ready use as a stabbing weapon that may inflict
great bodily injury or death that are commercially manufactured in
this state that utilize materials that are not detectable by a metal
detector or magnetometer, shall be manufactured to include materials
that will ensure they are detectable by a metal detector or
magnetometer, either handheld or otherwise, that is set at standard
calibration.
   20815.  Section 20810 does not apply to the manufacture or
importation of any undetectable knife for sale to a law enforcement
or military entity with a valid agency, department, or unit purchase
order, nor does Section 20810 apply to the subsequent sale of any
undetectable knife to a law enforcement or military entity.
   20820.  Section 20810 does not apply to the manufacture or
importation of any undetectable knife for sale to a federal, state,
or local historical society, museum, or institutional collection that
is open to the public, provided that the undetectable knife is
properly housed and secured from unauthorized handling, nor does
Section 20810 apply to the subsequent sale of the knife to any of
these entities.

      Article 7.  Writing Pen Knife


   20910.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any writing pen knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   20990.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any writing pen knife is a nuisance
and is subject to Section 18010.
      CHAPTER 3.  BALLISTIC KNIFE


   21110.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any ballistic knife is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   21190.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any ballistic knife is a nuisance
and is subject to Section 18010.
      CHAPTER 4.  DIRK OR DAGGER


   21310.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who carries
concealed upon the person any dirk or dagger is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.
   21390.  The unlawful concealed carrying upon the person of any
dirk or dagger, as provided in Section 21310, is a nuisance and is
subject to Sections 18000 and 18005.
      CHAPTER 5.  SWITCHBLADE KNIFE


   21510.  Every person who does any of the following with a
switchblade knife having a blade two or more inches in length is
guilty of a misdemeanor:
   (a) Possesses the knife in the passenger's or driver's area of any
motor vehicle in any public place or place open to the public.
   (b) Carries the knife upon the person.
   (c) Sells, offers for sale, exposes for sale, loans, transfers, or
gives the knife to any other person.
   21590.  The unlawful possession or carrying of any switchblade
knife, as provided in Section 21510, is a nuisance and is subject to
Sections 18000 and 18005.

      DIVISION 6.  KNUCKLES


      CHAPTER 1.  COMPOSITE KNUCKLES OR HARD WOODEN KNUCKLES


   21710.  Any person in this state who possesses, commercially
manufactures or causes to be commercially manufactured, or who
knowingly imports into the state for commercial sale, keeps for
commercial sale, or offers or exposes for commercial sale, any
composite knuckles or hard wooden knuckles is guilty of a
misdemeanor.
      CHAPTER 2.  METAL KNUCKLES


   21810.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any metal knuckles is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   21890.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, metal knuckles are a nuisance and
are subject to Section 18010.

      DIVISION 7.  NUNCHAKU


   22010.  Except as provided in Section 22015 and Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any person
in this state who manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any nunchaku is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.
   22015.  Section 22010 does not apply to either of the following:
   (a) The possession of a nunchaku on the premises of a school that
holds a regulatory or business license and teaches the arts of
self-defense.
   (b) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school that holds a regulatory or business license and
teaches the arts of self-defense.
   22090.  Except as provided in Section 22015 and in Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any
nunchaku is a nuisance and is subject to Section 18010.

      DIVISION 8.  SAPS AND SIMILAR WEAPONS


   22210.  Except as provided in Section 22215 and Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any person
in this state who manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any leaded cane, or any instrument or
weapon of the kind commonly known as a billy, blackjack, sandbag,
sandclub, sap, or slungshot, is punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   22215.  Section 22210 does not apply to the manufacture for, sale
to, exposing or keeping for sale to, importation of, or lending of
wooden clubs or batons to special police officers or uniformed
security guards authorized to carry any wooden club or baton pursuant
to Section 22295 by entities that are in the business of selling
wooden clubs or batons to special police officers and uniformed
security guards when engaging in transactions with those persons.
   22290.  Except as provided in Section 22215 and in Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any leaded
cane or any instrument or weapon of the kind commonly known as a
billy, blackjack, sandbag, sandclub, sap, or slungshot is a nuisance
and is subject to Section 18010.
   22295.  (a) Nothing in any provision listed in Section 16580
prohibits any police officer, special police officer, peace officer,
or law enforcement officer from carrying any wooden club or baton.
   (b) Nothing in any provision listed in Section 16580 prohibits a
uniformed security guard, regularly employed and compensated by a
person engaged in any lawful business, while actually employed and
engaged in protecting and preserving property or life within the
scope of employment, from carrying any wooden club or baton if the
uniformed security guard has satisfactorily completed a course
                                            of instruction certified
by the Department of Consumer Affairs in the carrying and use of the
club or baton. The training institution certified by the Department
of Consumer Affairs to present this course, whether public or
private, is authorized to charge a fee covering the cost of the
training.
   (c) The Department of Consumer Affairs, in cooperation with the
Commission on Peace Officer Standards and Training, shall develop
standards for a course in the carrying and use of a club or baton.
   (d) Any uniformed security guard who successfully completes a
course of instruction under this section is entitled to receive a
permit to carry and use a club or baton within the scope of
employment, issued by the Department of Consumer Affairs. The
department may authorize a certified training institution to issue
permits to carry and use a club or baton. A fee in the amount
provided by law shall be charged by the Department of Consumer
Affairs to offset the costs incurred by the department in course
certification, quality control activities associated with the course,
and issuance of the permit.
   (e) Any person who has received a permit or certificate that
indicates satisfactory completion of a club or baton training course
approved by the Commission on Peace Officer Standards and Training
prior to January 1, 1983, shall not be required to obtain a club or
baton permit or complete a course certified by the Department of
Consumer Affairs.
   (f) Any person employed as a county sheriff's or police security
officer, as defined in Section 831.4, shall not be required to obtain
a club or baton permit or to complete a course certified by the
Department of Consumer Affairs in the carrying and use of a club or
baton, provided that the person completes a course approved by the
Commission on Peace Officer Standards and Training in the carrying
and use of the club or baton, within 90 days of employment.
   (g) Nothing in any provision listed in Section 16580 prohibits an
animal control officer, as described in Section 830.9, or an illegal
dumping enforcement officer, as described in Section 830.7, from
carrying any wooden club or baton if the animal control officer or
illegal dumping enforcement officer has satisfactorily completed a
course of instruction certified by the Department of Consumer Affairs
in the carrying and use of the club or baton. The training
institution certified by the Department of Consumer Affairs to
present this course, whether public or private, is authorized to
charge a fee covering the cost of the training.

      DIVISION 9.  SHURIKEN


   22410.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any shuriken is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
   22490.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any shuriken is a nuisance and is
subject to Section 18010.

      DIVISION 10.  STUN GUN


   22610.  Notwithstanding any other provision of law, any person may
purchase, possess, or use a stun gun, 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 a stun gun under Section 244.5, shall purchase, possess, or use
any stun gun.
   (b) No person addicted to any narcotic drug shall purchase,
possess, or use a stun gun.
   (c) (1) No person shall sell or furnish any stun gun to a minor
unless the minor is at least 16 years of age and has the written
consent of the minor's parent or legal guardian.
   (2) Violation of this subdivision shall be a public offense
punishable by a fifty-dollar ($50) fine for the first offense. Any
subsequent violation of this subdivision is a misdemeanor.
   (d) No minor shall possess any stun gun unless the minor is at
least 16 years of age and has the written consent of the minor's
parent or legal guardian.
   22615.  Each stun gun sold shall contain both of the following:
   (a) The name of the manufacturer stamped on the stun gun.
   (b) The serial number applied by the manufacturer.
   22620.  Unless otherwise specified, any violation of this division
is a misdemeanor.
   22625.  (a) Each stun gun sold in this state shall be accompanied
by an instruction booklet.
   (b) Violation of this section shall be a public offense punishable
by a fifty-dollar ($50) fine for each weapon sold without the
booklet.

      DIVISION 11.  TEAR GAS AND TEAR GAS WEAPONS


      CHAPTER 1.  GENERAL PROVISIONS


   22810.  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 in a state prison
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 in a state prison
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.
   22815.  (a) Notwithstanding subdivision (d) of Section 22810, a
minor who has attained the age of 16 years may purchase and possess
tear gas or a tear gas weapon pursuant to this division if the minor
is accompanied by a parent or guardian, or has the written consent of
a parent or guardian.
   (b) Notwithstanding subdivision (c) of Section 22810, a person may
sell or furnish tear gas or a tear gas weapon to a minor who has
attained the age of 16 years and who is accompanied by a parent or
guardian, or who presents a statement of consent signed by the minor'
s parent or guardian.
   (c) Any civil liability of a minor arising out of the minor's use
of tear gas or a tear gas weapon other than for self-defense is
imposed upon the person, parent, or guardian who signed the statement
of consent specified in subdivision (b). That person, parent, or
guardian shall be jointly and severally liable with the minor for any
damages proximately resulting from the negligent or wrongful act or
omission of the minor in the use of the tear gas or a tear gas
weapon.
   22820.  Nothing in this division prohibits any person who is a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, from purchasing, possessing, transporting,
or using any tear gas or tear gas weapon if the person has
satisfactorily completed a course of instruction approved by the
Commission on Peace Officer Standards and Training in the use of tear
gas.
   22825.  A custodial officer of a county may carry a tear gas
weapon pursuant to Section 22820 only while on duty. A custodial
officer of a county may carry a tear gas weapon while off duty only
in accordance with all other laws.
   22830.  Nothing in this division prohibits any member of the
military or naval forces of this state or of the United States or any
federal law enforcement officer from purchasing, possessing, or
transporting any tear gas or tear gas weapon for official use in the
discharge of duties.
   22835.  Notwithstanding any other provision of law, a person
holding a license as a private investigator pursuant to Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business and
Professions Code, or as a private patrol operator pursuant to Chapter
11.5 (commencing with Section 7580) of Division 3 of the Business
and Professions Code, or a uniformed patrolperson employee of a
private patrol operator, may purchase, possess, or transport any tear
gas weapon, if it is used solely for defensive purposes in the
course of the activity for which the license was issued and if the
person has satisfactorily completed a course of instruction approved
by the Department of Consumer Affairs in the use of tear gas.
   22840.  Nothing in this division authorizes the possession of tear
gas or a tear gas weapon in any institution described in Section
4574, or within the grounds belonging or adjacent to any institution
described in Section 4574, except where authorized by the person in
charge of the institution.
      CHAPTER 2.  UNLAWFUL POSSESSION, SALE, OR TRANSPORTATION


   22900.  Any person, firm, or corporation who within this state
knowingly sells or offers for sale, possesses, or transports any tear
gas or tear gas weapon, except as permitted under the provisions of
this division, is guilty of a public offense and upon conviction
thereof shall be punishable by imprisonment in the county jail for
not exceeding one year or by a fine not to exceed two thousand
dollars ($2,000), or by both that fine and imprisonment.
   22905.  Each tear gas weapon sold, transported, or possessed under
the authority of this division shall bear the name of the
manufacturer and a serial number applied by the manufacturer.
   22910.  (a) Any person who changes, alters, removes, or
obliterates the name of the manufacturer, the serial number, or any
other mark of identification on any tear gas weapon is guilty of a
public offense and, upon conviction, shall be punished by
imprisonment in the state prison or by a fine of not more than two
thousand dollars ($2,000), or by both that fine and imprisonment.
   (b) Possession of any such weapon upon which the same shall have
been changed, altered, removed, or obliterated, shall be presumptive
evidence that such possessor has changed, altered, removed, or
obliterated the same.
      CHAPTER 3.  PERMITS


   23000.  The Department of Justice may issue a permit for the
possession and transportation of tear gas or a tear gas weapon that
is not intended or certified for personal self-defense purposes, upon
proof that good cause exists for issuance of the permit to the
applicant. The permit may also allow the applicant to install,
maintain, and operate a protective system involving the use of tear
gas or a tear gas weapon in any place that is accurately and
completely described in the permit application.
   23005.  (a) An application for a permit shall satisfy all of the
following requirements:
   (1) It shall be filed in writing.
   (2) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.
   (3) It shall state the applicant's name, business in which
engaged, business address, and a full description of the place or
vehicle in which the tear gas or tear gas weapon is to be
transported, kept, installed, or maintained.
   (b) If the tear gas or tear gas weapon is to be used in connection
with, or to constitute, a protective system, the application shall
also contain the name of the person who is to install the protective
system.
   (c) Applications and permits shall be uniform throughout the state
upon forms prescribed by the Department of Justice.
   23010.  (a) Each applicant for a permit shall pay, at the time of
filing the application, a fee determined by the Department of
Justice, not to exceed the application processing costs of the
Department of Justice.
   (b) A permit granted pursuant to this chapter may be renewed one
year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee, not to exceed the application processing costs of the Department
of Justice.
   (c) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
   23015.  (a) Notwithstanding Section 23000, a bank, a savings and
loan association, a credit union, or an industrial loan company that
maintains more than one office or branch may make a single annual
application for a permit.
   (b) In addition to the requirements set forth in this chapter, an
application under this section shall separately state the business
address and a full description of each office or branch in which the
tear gas or tear gas weapon is to be kept, installed, or maintained.
Any location addition or deletion as to an office or branch shall be
reported to the department within 60 days of the change.
   (c) A single permit issued under this section shall allow for the
possession, operation, and maintenance of tear gas at each office or
branch named in the application, including any location change.
   23020.  Every person, firm, or corporation to whom a permit is
issued shall either carry the permit upon the person or keep it in
the place described in the permit. The permit shall be open to
inspection by any peace officer or other person designated by the
authority issuing the permit.
   23025.  A permit issued in accordance with this chapter may be
revoked or suspended by the issuing authority at any time when it
appears that the need for the possession or transportation of the
tear gas or tear gas weapon or protective system involving the use
thereof, has ceased, or that the holder of the permit has engaged in
an unlawful business or occupation or has wrongfully made use of the
tear gas or tear gas weapon or the permit issued.

      TITLE 4.  FIREARMS



      DIVISION 1.  PRELIMINARY PROVISIONS


   23500.  The provisions listed in Section 16580 shall be known and
may be cited as "The Dangerous Weapons Control Law."
   23505.  If any section, subsection, sentence, clause, or phrase of
any provision listed in Section 16580 is for any reason held
unconstitutional, that decision does not affect the validity of any
other provision listed in Section 16580. The Legislature hereby
declares that it would have passed the provisions listed in Section
16580 and each section, subsection, sentence, clause, and phrase of
it, irrespective of the fact that any one or more other sections,
subsections, sentences, clauses, or phrases be declared
unconstitutional.
   23510.  For purposes of Sections 25400 and 26500, Sections 27500
to 27590, inclusive, Section 28100, Sections 29610 to 29750,
inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of
this code, and any provision listed in subdivision (a) of Section
16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare
and Institutions Code, notwithstanding the fact that the term "any
firearm" may be used in those sections, each firearm or the frame or
receiver of each firearm constitutes a distinct and separate offense
under those sections.
   23515.   As used in the provisions listed in Section 16580, an
offense that involves the violent use of a firearm includes any of
the following:
   (a) A violation of paragraph (2) or (3) of subdivision (a) of
Section 245 or a violation of subdivision (d) of Section 245.
   (b) A violation of Section 246.
   (c) A violation of paragraph (2) of subdivision (a) of Section
417.
   (d) A violation of subdivision (c) of Section 417.
   23520.  Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this part shall include two copies of the
applicant's fingerprints on forms prescribed by the Department of
Justice. One copy of the fingerprints may be submitted to the United
States Federal Bureau of Investigation.

      DIVISION 2.  FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED
WARNINGS


   23620.  This division and Sections 16540, 16610, and 16870 shall
be known and may be cited as the "Aroner-Scott-Hayden Firearms Safety
Act of 1999."
   23625.  The Legislature makes the following findings:
   (a) In the years 1987 to 1996, nearly 2,200 children in the United
States under the age of 15 years died in unintentional shootings. In
1996 alone, 138 children were shot and killed unintentionally. Thus,
more than 11 children every month, or one child every three days,
were shot or killed unintentionally in firearms-related incidents.
   (b) The United States leads the industrialized world in the rates
of children and youth lost to unintentional, firearms-related deaths.
A 1997 study from the federal Centers for Disease Control and
Prevention reveals that for unintentional firearm-related deaths for
children under the age of 15, the rate in the United States was nine
times higher than in 25 other industrialized countries combined.
   (c) While the number of unintentional deaths from firearms is an
unacceptable toll on America's children, nearly eight times that
number are treated in U.S. hospital emergency rooms each year for
nonfatal unintentional gunshot wounds.
   (d) A study of unintentional firearm deaths among children in
California found that unintentional gunshot wounds most often involve
handguns.
   (e) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young as
three years old are strong enough to fire most commercially available
handguns. The study revealed that 25 percent of three to four year
olds and 70 percent of five to six year olds had sufficient finger
strength to fire 59 (92 percent) of the 64 commonly available
handguns referenced in the study.
   (f) The Government Accounting Office (GAO), in its March 1991
study, "Accidental Shootings: Many Deaths and Injuries Caused by
Firearms Could be Prevented," estimates that 31 percent of accidental
deaths caused by firearms might be prevented by the addition of two
safety devices: a child-resistant safety device that automatically
engages and a device that indicates whether the gun is loaded.
According to the study results, of the 107 unintentional
firearms-related fatalities the GAO examined for the calendar years
1988 and 1989, 8 percent could have been prevented had the firearm
been equipped with a child-resistant safety device. This 8 percent
represents instances in which children under the age of six
unintentionally shot and killed themselves or other persons.
   (g) Currently, firearms are the only products manufactured in the
United States that are not subject to minimum safety standards.
   (h) A 1997 public opinion poll conducted by the National Opinion
Research Center at the University of Chicago in conjunction with the
Johns Hopkins Center for Gun Policy and Research found that 74
percent of Americans support safety regulation of the firearms
industry.
   (i) Some currently available trigger locks and other similar
devices are inadequate to prevent the accidental discharge of the
firearms to which they are attached, or to prevent children from
gaining access to the firearm.
   23630.  (a) This division does not apply to the commerce of any
antique firearm.
   (b) (1) This division does not apply to the commerce of any
firearm intended to be used by a salaried, full-time peace officer,
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, for purposes of law enforcement.
   (2) Nothing in this division precludes a local government, local
agency, or state law enforcement agency from requiring its peace
officers to store their firearms in gun safes or attach firearm
safety devices to those firearms.
   23635.  (a) Any firearm sold or transferred in this state by a
licensed firearms dealer, including a private transfer through a
dealer, and any firearm manufactured in this state, shall include or
be accompanied by a firearm safety device that is listed on the
Department of Justice's roster of approved firearm safety devices and
that is identified as appropriate for that firearm by reference to
either the manufacturer and model of the firearm, or to the physical
characteristics of the firearm that match those listed on the roster
for use with the device.
   (b) The sale or transfer of a firearm shall be exempt from
subdivision (a) if both of the following apply:
   (1) The purchaser or transferee owns a gun safe that meets the
standards set forth in Section 23650. Gun safes shall not be required
to be tested, and therefore may meet the standards without appearing
on the Department of Justice roster.
   (2) The purchaser or transferee presents an original receipt for
purchase of the gun safe, or other proof of purchase or ownership of
the gun safe as authorized by the Attorney General, to the firearms
dealer. The dealer shall maintain a copy of this receipt or proof of
purchase with the dealer's record of sales of firearms.
   (c) The sale or transfer of a firearm shall be exempt from
subdivision (a) if all of the following apply:
   (1) The purchaser or transferee purchases an approved safety
device no more than 30 days prior to the day the purchaser or
transferee takes possession of the firearm.
   (2) The purchaser or transferee presents the approved safety
device to the firearms dealer when picking up the firearm.
   (3) The purchaser or transferee presents an original receipt to
the firearms dealer, which shows the date of purchase, the name, and
the model number of the safety device.
   (4) The firearms dealer verifies that the requirements in
paragraphs (1) to (3), inclusive, have been satisfied.
   (5) The firearms dealer maintains a copy of the receipt along with
the dealer's record of sales of firearms.
   (d) (1) Any long-gun safe commercially sold or transferred in this
state, or manufactured in this state for sale in this state, that
does not meet the standards for gun safes adopted pursuant to Section
23650 shall be accompanied by the following warning:
   "WARNING: This gun safe does not meet the safety standards for gun
safes specified in California Penal Code Section 23650. It does not
satisfy the requirements of Penal Code Section 23635, which mandates
that all firearms sold in California be accompanied by a firearm
safety device or proof of ownership, as required by law, of a gun
safe that meets the Section 23650 minimum safety standards developed
by the California Attorney General."
   (2) This warning shall be conspicuously displayed in its entirety
on the principal display panel of the gun safe's package, on any
descriptive materials that accompany the gun safe, and on a label
affixed to the front of the gun safe.
   (3) This warning shall be displayed in both English and Spanish,
in conspicuous and legible type in contrast by typography, layout, or
color with other printed matter on the package or descriptive
materials, in a manner consistent with Part 1500.121 of Title 16 of
the Code of Federal Regulations, or successor regulations thereto.
   (e) Any firearm sold or transferred in this state by a licensed
firearms dealer, including a private transfer through a dealer, and
any firearm manufactured in this state, shall be accompanied by
warning language or a label as described in Section 23640.
   23640.  (a) The packaging of any firearm and any descriptive
materials that accompany any firearm sold or transferred in this
state, or delivered for sale in this state, by any licensed
manufacturer, or licensed dealer, shall bear a label containing the
following warning statement:

   WARNING


   Children are attracted to and can operate firearms that can cause
severe injuries or death.


   Prevent child access by always keeping guns locked away and
unloaded when not in use. If you keep a loaded firearm where a child
obtains and improperly uses it, you may be fined or sent to prison.



   A yellow triangle containing an exclamation mark shall appear
immediately before the word "Warning" on the label.
   (b) If the firearm is sold or transferred without accompanying
packaging, the warning label or notice shall be affixed to the
firearm itself by a method to be prescribed by regulation of the
Attorney General.
   (c) The warning statement required under subdivisions (a) and (b)
shall satisfy both of the following requirements:
   (1) It shall be displayed in its entirety on the principal display
panel of the firearm's package, and on any descriptive materials
that accompany the firearm.
   (2) It shall be displayed in both English and Spanish, in
conspicuous and legible type in contrast by typography, layout, or
color with other printed matter on that package or descriptive
materials, in a manner consistent
         with Part 1500.121 of Title 16 of the Code of Federal
Regulations, or successor regulations thereto.
   23645.  (a) Any violation of Section 23635 or Section 23640 is
punishable by a fine of one thousand dollars ($1,000).
   (b) On a second violation of any of those sections, a licensed
firearm manufacturer shall be ineligible to manufacture, or a
licensed firearm dealer shall be ineligible to sell, firearms in this
state for 30 days, and shall be punished by a fine of one thousand
dollars ($1,000).
   (c) (1) On a third violation of any of those sections, a firearm
manufacturer shall be permanently ineligible to manufacture firearms
in this state.
   (2) On a third violation of any of those sections, a licensed
firearm dealer shall be permanently ineligible to sell firearms in
this state.
   23650.  (a) The Attorney General shall develop regulations to
implement a minimum safety standard for firearm safety devices and
gun safes to significantly reduce the risk of firearm-related
injuries to children 17 years of age and younger. The final standard
shall do all of the following:
   (1) Address the risk of injury from unintentional gunshot wounds.
   (2) Address the risk of injury from self-inflicted gunshot wounds
by unauthorized users.
   (3) Include provisions to ensure that all firearm safety devices
and gun safes are reusable and of adequate quality and construction
to prevent children and unauthorized users from firing the firearm
and to ensure that these devices cannot be readily removed from the
firearm or that the firearm cannot be readily removed from the gun
safe except by an authorized user utilizing the key, combination, or
other method of access intended by the manufacturer of the device.
   (4) Include additional provisions as appropriate.
   (b) The Attorney General may consult, for the purposes of guidance
in development of the standards, test protocols such as those
described in Title 16 (commencing with Part 1700) of the Code of
Federal Regulations, relating to poison prevention packaging
standards. These protocols may be consulted to provide suggestions
for potential methods to utilize in developing standards and shall
serve as guidance only. The Attorney General shall also give
appropriate consideration to the use of devices that are not
detachable, but are permanently installed and incorporated into the
design of a firearm.
   (c) The Attorney General shall commence development of regulations
under this section no later than January 1, 2000. The Attorney
General shall adopt and issue regulations implementing a final
standard no later than January 1, 2001. The Attorney General shall
report to the Legislature on these standards by January 1, 2001. The
final standard shall be effective January 1, 2002.
   23655.  (a) The Department of Justice shall certify laboratories
to verify compliance with standards for firearm safety devices set
forth in Section 23650.
   (b) The Department of Justice may charge any laboratory that is
seeking certification to test firearm safety devices a fee not
exceeding the costs of certification, including costs associated with
the development and approval of regulations and standards pursuant
to Section 23650.
   (c) The certified laboratory shall, at the manufacturer's or
dealer's expense, test a firearm safety device and submit a copy of
the final test report directly to the Department of Justice, along
with the firearm safety device. The department shall notify the
manufacturer or dealer of its receipt of the final test report and
the department's determination as to whether the firearm safety
device tested may be sold in this state.
   (d) Commencing on July 1, 2001, the Department of Justice shall
compile, publish, and maintain a roster listing all of the firearm
safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearm safety devices, and may be sold in this state.
   (e) The roster shall list, for each firearm safety device, the
manufacturer, model number, and model name.
   (f) The department may randomly retest samples obtained from
sources other than directly from the manufacturer of the firearm
safety device listed on the roster to ensure compliance with the
requirements of this division.
   (g) Firearm safety devices used for random sample testing and
obtained from sources other than the manufacturer shall be in new,
unused condition, and still in the manufacturer's original and
unopened package.
   23660.  (a) No person shall keep for commercial sale, offer, or
expose for commercial sale, or commercially sell any firearm safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 23655, or that does not comply with the
standards for firearm safety devices adopted pursuant to Section
23650.
   (b) No person may distribute as part of an organized firearm
safety program, with or without consideration, any firearm safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 23655, or that does not comply with the
standards for firearm safety devices adopted pursuant to Section
23650.
   23665.  (a) No long-gun safe may be manufactured in this state for
sale in this state that does not comply with the standards for gun
safes adopted pursuant to Section 23650, unless the long-gun safe is
labeled by the manufacturer consistent with the requirements of
Section 23635.
   (b) (1) Any person who keeps for commercial sale, offers, or
exposes for commercial sale, or who commercially sells a long-gun
safe that does not comply with the standards for gun safes adopted
pursuant to Section 23650, and who knows or has reason to know, that
the long-gun safe in question does not meet the standards for gun
safes adopted pursuant to Section 23650, is in violation of this
section, and is punishable as provided in Section 23670, unless the
long-gun safe is labeled pursuant to Section 23635.
   (2) Any person who keeps for commercial sale, offers, or exposes
for commercial sale, or who commercially sells a long-gun safe that
does not comply with the standards for gun safes adopted pursuant to
Section 23650, and who removes or causes to be removed, from the
long-gun safe, the label required pursuant to Section 23635, is in
violation of this section, and is punishable as provided in Section
23670.
   23670.  (a) (1) A violation of Section 23660 or 23665 is
punishable by a civil fine of up to five hundred dollars ($500).
   (2) A second violation of any of those sections, which occurs
within five years of the date of a previous offense, is punishable by
a civil fine of up to one thousand dollars ($1,000) and, if the
violation is committed by a licensed firearms dealer, the dealer
shall be ineligible to sell firearms in this state for 30 days.
   (3) A third or subsequent violation that occurs within five years
of two or more previous offenses is punishable by a civil fine of up
to five thousand dollars ($5,000) and, if the violation is committed
by a licensed firearms dealer, the firearms dealer shall be
permanently ineligible to sell firearms in this state.
   (b) The Attorney General, a district attorney, or a city attorney
may bring a civil action for a violation of Section 23660 or 23665.
   23675.  Compliance with the requirements set forth in this
division does not relieve any person from liability to any other
person as may be imposed pursuant to common law, statutory law, or
local ordinance.
   23680.  (a) If at any time the Attorney General determines that a
gun safe or firearm safety device subject to the provisions of this
division and sold after January 1, 2002, does not conform with the
standards required by subdivision (a) of Section 23635 or Section
23650, the Attorney General may order the recall and replacement of
the gun safe or firearm safety device, or order that the gun safe or
firearm safety device be brought into conformity with those
requirements.
   (b) If the firearm safety device can be separated and reattached
to the firearm without damaging the firearm, the licensed
manufacturer or licensed firearms dealer shall immediately provide a
conforming replacement as instructed by the Attorney General.
   (c) If the firearm safety device cannot be separated from the
firearm without damaging the firearm, the Attorney General may order
the recall and replacement of the firearm.
   23685.  Each lead law enforcement agency investigating an incident
shall report to the State Department of Health Services any
information obtained that reasonably supports the conclusion that:
   (a) A child 18 years of age or younger suffered an unintentional
or self-inflicted gunshot wound inflicted by a firearm that was sold
or transferred in this state, or manufactured in this state.
   (b) Whether as a result of that incident the child died, suffered
serious injury, or was treated for an injury by a medical
professional.
   23690.  (a) (1) The Department of Justice may require each dealer
to charge each firearm purchaser or transferee a fee not to exceed
one dollar ($1) for each firearm transaction.
   (2) The fee shall be for the purpose of supporting department
program costs related to this act, including the establishment,
maintenance, and upgrading of related database systems and public
rosters.
   (b) (1) There is hereby created within the General Fund the
Firearm Safety Account.
   (2) Revenue from the fee imposed by subdivision (a) shall be
deposited into the Firearm Safety Account and shall be available for
expenditure by the Department of Justice upon appropriation by the
Legislature.
   (3) Expenditures from the Firearm Safety Account shall be limited
to program expenditures as defined by subdivision (a).

      DIVISION 3.  DISGUISED OR MISLEADING APPEARANCE


      CHAPTER 1.  MISCELLANEOUS PROVISIONS


   23800.  Any person who, for commercial purposes, purchases, sells,
manufactures, ships, transports, distributes, or receives a firearm,
where the coloration of the entire exterior surface of the firearm
is bright orange or bright green, either singly, in combination, or
as the predominant color in combination with other colors in any
pattern, is liable for a civil fine in an action brought by the city
attorney of the city, or the district attorney for the county, of not
more than ten thousand dollars ($10,000).
      CHAPTER 2.  OBLITERATION OF IDENTIFICATION MARKS


   23900.  Any person who changes, alters, removes, or obliterates
the name of the maker, model, manufacturer's number, or other mark of
identification, including any distinguishing number or mark assigned
by the Department of Justice, on any pistol, revolver, or any other
firearm, without first having secured written permission from the
department to make that change, alteration, or removal shall be
punished by imprisonment in the state prison.
   23910.  The Department of Justice upon request may assign a
distinguishing number or mark of identification to any firearm
whenever the firearm lacks a manufacturer's number or other mark of
identification, or whenever the manufacturer's number or other mark
of identification or a distinguishing number or mark assigned by the
department has been destroyed or obliterated.
   23915.  (a) Any person may place or stamp on any pistol, revolver,
or other firearm any number or identifying indicium, provided the
number or identifying indicium does not change, alter, remove, or
obliterate the manufacturer's name, number, model, or other mark of
identification.
   (b) This section does not prohibit restoration by the owner of the
name of the maker or model, or of the original manufacturer's number
or other mark of identification, when that restoration is authorized
by the department.
   (c) This section does not prevent any manufacturer from placing in
the ordinary course of business the name of the maker, model,
manufacturer's number, or other mark of identification upon a new
firearm.
   23920.  Except as provided in Section 23925, any person who, with
knowledge of any change, alteration, removal, or obliteration
described in this section, buys, receives, disposes of, sells, offers
for sale, or has in possession any pistol, revolver, or other
firearm that has had the name of the maker or model, or the
manufacturer's number or other mark of identification, including any
distinguishing number or mark assigned by the Department of Justice,
changed, altered, removed, or obliterated, is guilty of a
misdemeanor.
   23925.  Section 23920 does not apply to any of the following:
   (a) The acquisition or possession of a firearm described in
Section 23920 by any member of the military forces of this state or
of the United States, while on duty and acting within the scope and
course of employment.
   (b) The acquisition or possession of a firearm described in
Section 23920 by any peace officer described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, while on duty and
acting within the scope and course of employment.
   (c) The acquisition or possession of a firearm described in
Section 23920 by any employee of a forensic laboratory, while on duty
and acting within the scope and course of employment.
   (d) The possession and disposition of a firearm described in
Section 23920 by a person who meets all of the following:
   (1) The person is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (2) The person possessed the firearm no longer than was necessary
to deliver it to a law enforcement agency for that agency's
disposition according to law.
   (3) If the person is transporting the firearm, the person is
transporting it to a law enforcement agency in order to deliver it to
the agency for the agency's disposition according to law.
   (4) If the person is transporting the firearm to a law enforcement
agency, the person has given prior notice to the agency that the
person is transporting the firearm to that agency for the agency's
disposition according to law.
   (5) The firearm is transported in a locked container as defined in
Section 16850.
      CHAPTER 3.  CAMOUFLAGING FIREARM CONTAINER


   24310.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any camouflaging firearm container is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.
   24390.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any camouflaging firearm container
is a nuisance and is subject to Section 18010.
      CHAPTER 4.  CANE GUN


   24410.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any cane gun is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
   24490.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any cane gun is a nuisance and is
subject to Section 18010.
      CHAPTER 5.  FIREARM NOT IMMEDIATELY RECOGNIZABLE AS A FIREARM


   24510.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any firearm not immediately recognizable as a firearm is
punishable by imprisonment in a county jail not exceeding one year
or in the state prison.
   24590.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any firearm not immediately
recognizable as a firearm is a nuisance and is subject to Section
18010.
      CHAPTER 6.  UNDETECTABLE FIREARM AND FIREARM DETECTION
EQUIPMENT


   24610.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any undetectable firearm is punishable by imprisonment
in a county jail not exceeding one year or in the state prison.
   24680.  Any firearm detection equipment newly installed in a
nonfederal public building in this state shall be of a type
identified by either the United States Attorney General, the
Secretary of Transportation, or the Secretary of the Treasury, as
appropriate, as available state-of-the-art equipment capable of
detecting an undetectable firearm, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
   24690.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any undetectable firearm is a
nuisance and is subject to Section 18010.
      CHAPTER 7.  WALLET GUN


   24710.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any wallet gun is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
   24790.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any wallet gun is a nuisance and is
subject to Section 18010.

      DIVISION 4.  STORAGE OF FIREARMS


      CHAPTER 1.  PRELIMINARY PROVISIONS


   25000.  As used in this division, "child" means a person under 18
years of age.
      CHAPTER 2.  CRIMINAL STORAGE OF FIREARM


   25100.  (a) Except as provided in Section 25105, a person commits
the crime of "criminal storage of a firearm of the first degree" if
all of the following conditions are satisfied:
   (1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
   (2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
   (3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person.
   (b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:
   (1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
   (2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
   (3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
   25105.  Section 25100 does not apply whenever any of the following
occurs:
   (a) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
   (b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
   (c) The firearm is carried on the person or within close enough
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
   (d) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
   (e) The person is a peace officer or a member of the Armed Forces
or the National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
   (f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
   (g) The person who keeps a loaded firearm on any premise that is
under the person's custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
   25110.  (a) Criminal storage of a firearm in the first degree is
punishable by imprisonment in the state prison for 16 months, or two
or three years, by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine; or by imprisonment
in a county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (b) Criminal storage of a firearm in the second degree is
punishable by imprisonment in a county jail not exceeding one year,
by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine.
   25115.  If a person who allegedly violated Section 25100 is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated Section 25100 when deciding
whether to prosecute the alleged violation. It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist. This section shall not otherwise restrict, in any manner, the
factors that a district attorney may consider when deciding whether
to prosecute an alleged violation of Section 25100.
   25120.  (a) If a person who allegedly violated Section 25100 is
the parent or guardian of a child who was injured or who died as the
result of an accidental shooting, no arrest of the person for the
alleged violation of Section 25100 shall occur until at least seven
days after the date upon which the accidental shooting occurred.
   (b) In addition to the limitation stated in subdivision (a),
before arresting a person for a violation of Section 25100, a law
enforcement officer shall consider the health status of a child who
suffered great bodily injury as the result of an accidental shooting,
if the person to be arrested is the parent or guardian of the
injured child. The intent of this section is to encourage law
enforcement officials to delay the arrest of a parent or guardian of
a seriously injured child while the child remains on life-support
equipment or is in a similarly critical medical condition.
   25125.  (a) The fact that a person who allegedly violated Section
25100 attended a firearm safety training course prior to the purchase
of the firearm that was obtained by a child in violation of Section
25100 shall be considered a mitigating factor by a district attorney
when deciding whether to prosecute the alleged violation.
   (b) In any action or trial commenced under Section 25100, the fact
that the person who allegedly violated Section 25100 attended a
firearm safety training course prior to the purchase of the firearm
that was obtained by a child in violation of Section 25100 is
admissible.
   25130.  Every person licensed under Sections 26700 to 26915,
inclusive, shall post within the licensed premises the notice
required by Section 26835, disclosing the duty imposed by this
chapter upon any person who keeps a loaded firearm.
      CHAPTER 3.  STORAGE OF FIREARM WHERE CHILD OBTAINS ACCESS AND
CARRIES FIREARM OFF-PREMISES


   25200.  (a) If all of the following conditions are satisfied, a
person shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine:
   (1) The person keeps a pistol, revolver, or other firearm capable
of being concealed upon the person, loaded or unloaded, within any
premises that are under the person's custody or control.
   (2) The person knows or reasonably should know that a child is
likely to gain access to that firearm without the permission of the
child's parent or legal guardian.
   (3) The child obtains access to that firearm and thereafter
carries that firearm off-premises.
   (b) If all of the following conditions are satisfied, a person
shall be punished by imprisonment in a county jail not exceeding one
year, by a fine not exceeding five thousand dollars ($5,000), or by
both that imprisonment and fine:
   (1) The person keeps any firearm within any premises that are
under the person's custody or control.
   (2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
   (3) The child obtains access to the firearm and thereafter carries
that firearm off-premises to any public or private preschool,
elementary school, middle school, high school, or to any
school-sponsored event, activity, or performance, whether occurring
on school grounds or elsewhere.
   (c) A pistol, revolver, or other firearm capable of being
concealed upon the person that a child gains access to and carries
off-premises in violation of this section shall be deemed "used in
the commission of any misdemeanor as provided in this code or any
felony" for the purpose of Section 29300 regarding the authority to
confiscate firearms and other deadly weapons as a nuisance.
   (d) As used in this section, "off-premises" means premises other
than the premises where the firearm was stored.
   25205.  Section 25200 does not apply if any of the following are
true:
   (a) The child obtains the firearm as a result of an illegal entry
into any premises by any person.
   (b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
   (c) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
   (d) The firearm is carried on the person within close enough range
that the individual can readily retrieve and use the firearm as if
carried on the person.
   (e) The person is a peace officer or a member of the Armed Forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
   (f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
   (g) The person who keeps a firearm has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
          25210.  If a person who allegedly violated Section 25200 is
the parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated Section 25200 when deciding
whether to prosecute the alleged violation. It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist. This section shall not otherwise restrict, in any manner, the
factors that a district attorney may consider when deciding whether
to prosecute alleged violations of Section 25200.
   25215.  (a) If a person who allegedly violated Section 25200 is
the parent or guardian of a child who was injured or who died as the
result of an accidental shooting, no arrest of the person for the
alleged violation of Section 25200 shall occur until at least seven
days after the date upon which the accidental shooting occurred.
   (b) In addition to the limitation contained in subdivision (a),
before arresting a person for a violation of Section 25200, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting,
if the person to be arrested is the parent or guardian of the injured
child. The intent of this section is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously
injured child while the child remains on life-support equipment or is
in a similarly critical medical condition.
   25220.  (a) The fact that the person who allegedly violated
Section 25200 attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
Section 25200 shall be considered a mitigating factor by a district
attorney when deciding whether to prosecute the alleged violation.
   (b) In any action or trial commenced under Section 25200, the fact
that the person who allegedly violated Section 25200 attended a
firearm safety training course prior to the purchase of the firearm
that was obtained by a child in violation of Section 25200 is
admissible.
   25225.  Every person licensed under Sections 26700 to 26915,
inclusive, shall post within the licensed premises the notice
required by Section 26835, disclosing the duty imposed by this
chapter upon any person who keeps any firearm.

      DIVISION 5.  CARRYING FIREARMS


      CHAPTER 1.  MISCELLANEOUS RULES RELATING TO CARRYING FIREARMS


   25300.  (a) A person commits criminal possession of a firearm when
the person carries a firearm in a public place or on any public
street while masked so as to hide the person's identity.
   (b) Criminal possession of a firearm is punishable by imprisonment
in the state prison or by imprisonment in a county jail not to
exceed one year.
   (c) Subdivision (a) does not apply to any of the following:
   (1) A peace officer in performance of the officer's duties.
   (2) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state.
   (3) Any person summoned by any of the officers enumerated in
paragraph (1) or (2) to assist in making an arrest or preserving the
peace while that person is actually engaged in assisting that
officer.
   (4) The possession of an unloaded firearm or a firearm loaded with
blank ammunition by an authorized participant in, or while
rehearsing for, a motion picture, television, video production,
entertainment event, entertainment activity, or lawfully organized
and conducted activity when the participant lawfully uses the firearm
as part of that production, event, or activity.
   (5) The possession of a firearm by a licensed hunter while
actually engaged in lawful hunting, or while going directly to or
returning directly from the hunting expedition.
      CHAPTER 2.  CARRYING A CONCEALED FIREARM



      Article 1.  Crime of Carrying a Concealed Firearm


   25400.  (a) A person is guilty of carrying a concealed firearm
when the person does any of the following:
   (1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.
   (3) Causes to be carried concealed within any vehicle in which the
person is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (b) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.
   (c) Carrying a concealed firearm in violation of this section is
punishable as follows:
   (1) If the person previously has been convicted of any felony, or
of any crime made punishable by a provision listed in Section 16580,
as a felony.
   (2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
   (3) If the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (4) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
   (5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county jail
not to exceed one year, by a fine not to exceed one thousand dollars
($1,000), or by both that imprisonment and fine.
   (6) If both of the following conditions are met, by imprisonment
in the state prison, or by imprisonment in a county jail not to
exceed one year, by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment:
   (A) The pistol, revolver, or other firearm capable of being
concealed upon the person is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the immediate
possession of the person or readily accessible to that person.
   (B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106 as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
   (7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
23515 shall be punished by imprisonment in a county jail for at least
three months and not exceeding six months, or, if granted probation,
or if the execution or imposition of sentence is suspended, it shall
be a condition thereof that the person be imprisoned in a county
jail for at least three months.
   (2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by a
provision listed in Section 16580, if probation is granted, or if the
execution or imposition of sentence is suspended, it shall be a
condition thereof that the person be imprisoned in a county jail for
not less than three months.
   (e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
   (f) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(c) is met.

      Article 2.  Peace Officer Exemption


   25450.  As provided in this article, Section 25400 does not apply
to, or affect, any of the following:
   (a) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.
   (b) Any other duly appointed peace officer.
   (c) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.
   (d) Any other honorably retired peace officer who during the
course and scope of employment as a peace officer was authorized to,
and did, carry a firearm.
   (e) Any full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California.
   (f) Any person summoned by any of these officers to assist in
making arrests or preserving the peace while the person is actually
engaged in assisting that officer.
   25455.  (a) Any peace officer described in Section 25450 who has
been honorably retired shall be issued an identification certificate
by the law enforcement agency from which the officer retired.
   (b) The issuing agency may charge a fee necessary to cover any
reasonable expenses incurred by the agency in issuing certificates
pursuant to this article.
   (c) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a concealed
firearm.
   (d) An honorably retired peace officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall not be
required to obtain an endorsement from the issuing agency to carry a
concealed firearm.
   25460.  (a) Except as provided in subdivision (b), no endorsement
or renewal endorsement issued pursuant to Section 25465 shall be
effective unless it is in the format set forth in subdivision (c).
   (b) Any peace officer listed in subdivision (f) of Section 830.2
or in subdivision (c) of Section 830.5, who retired between January
2, 1981, and on or before December 31, 1988, and who is authorized to
carry a concealed firearm pursuant to this article, shall not be
required to have an endorsement in the format set forth in
subdivision (c) until the time of the issuance, on or after January
1, 1989, of a renewal endorsement pursuant to Section 25465.
   (c) A certificate issued pursuant to Section 25455 for any person
who is not listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5, or for any
person retiring after January 1, 1981, shall be in the following
format: it shall be on a 2x3 inch card, bear the photograph of the
retiree, include the retiree's name, date of birth, the date that the
retiree retired, and the name and address of the agency from which
the retiree retired, and have stamped on it the endorsement "CCW
Approved" and the date the endorsement is to be renewed. A
certificate issued pursuant to Section 25455 shall not be valid as
identification for the sale, purchase, or transfer of a firearm.
   25465.  Every five years, a retired peace officer, except an
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall petition the issuing agency for renewal of the
officer's privilege to carry a concealed firearm.
   25470.  (a) The agency from which a peace officer is honorably
retired may, upon initial retirement of that peace officer, or at any
time subsequent thereto, deny or revoke for good cause the retired
officer's privilege to carry a concealed firearm.
   (b) A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who retired prior to January 1, 1981, shall have the privilege
to carry a concealed firearm denied or revoked by having the agency
from which the officer retired stamp on the officer's identification
certificate "No CCW privilege."
   25475.  (a) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry a concealed
firearm by this article shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
   (b) The individual retired peace officer shall be responsible for
maintaining eligibility to carry a concealed firearm.
   (c) The Department of Justice shall provide subsequent arrest
notification pursuant to Section 11105.2 regarding honorably retired
peace officers listed in subdivision (c) of Section 830.5 to the
agency from which the officer has retired.

      Article 3.  Conditional Exemptions


   25505.  In order for a firearm to be exempted under this article,
while being transported to or from a place, the firearm shall be
unloaded and kept in a locked container, and the course of travel
shall include only those deviations between authorized locations as
are reasonably necessary under the circumstances.
   25510.  Section 25400 does not apply to, or affect, any of the
following:
   (a) The possession of a firearm by an authorized participant in a
motion picture, television, or video production, or an entertainment
event, when the participant lawfully uses the firearm as part of that
production or event, or while going directly to, or coming directly
from, that production or event.
   (b) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production, or
an entertainment event, for the purpose of providing that firearm to
an authorized participant to lawfully use as a part of that
production or event.
   25515.  Section 25400 does not apply to, or affect, the possession
of a firearm in a locked container by a member of any club or
organization, organized for the purpose of lawfully collecting and
lawfully displaying pistols, revolvers, or other firearms, while the
member is at a meeting of the club or organization or while going
directly to, and coming directly from, a meeting of the club or
organization.
   25520.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a participant when going directly to,
or coming directly from, a recognized safety or hunter safety class,
or a recognized sporting event involving that firearm.
   25525.  (a) Section 25400 does not apply to, or affect, the
transportation of a firearm by any citizen of the United States or
legal resident over the age of 18 years who resides or is temporarily
within this state, and who is not within the excepted classes
prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of this title, or
Section 8100 or 8103 of the Welfare and Institutions Code, directly
between any of the following places:
   (1) The person's place of residence.
   (2) The person's place of business.
   (3) Private property owned or lawfully possessed by the person.
   (b) Section 25400 does not apply to, or affect, the transportation
of a firearm by a person listed in subdivision (a) when going
directly from the place where that person lawfully received that
firearm to that person's place of residence or place of business or
to private property owned or lawfully possessed by that person.
   25530.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person when going directly to, or
coming directly from, a fixed place of business or private
residential property for the purpose of the lawful repair or the
lawful sale, loan, or transfer of that firearm.
   25535.  Section 25400 does not apply to, or affect, any of the
following:
   (a) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
   (b) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event, as defined
in Section 478.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with Section 27545.
   25540.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person when going directly to, or
coming directly from, a target range, which holds a regulatory or
business license, for the purposes of practicing shooting at targets
with that firearm at that target range.
   25545.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person when going directly to, or
coming directly from, a place designated by a person authorized to
issue licenses pursuant to Section 26150, 26155, 26170, or 26215,
when done at the request of the issuing agency so that the issuing
agency can determine whether or not a license should be issued to
that person to carry that firearm.
   25550.  (a) Section 25400 does not apply to, or affect, the
transportation of a firearm by a person when going directly to, or
coming directly from, a lawful camping activity for the purpose of
having that firearm available for lawful personal protection while at
the lawful campsite.
   (b) This section shall not be construed to override the statutory
authority granted to the Department of Parks and Recreation or any
other state or local governmental agencies to promulgate rules and
regulations governing the administration of parks and campgrounds.
   25555.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person in order to comply with
Section 27870, 27875, 27915, 27920, or 27925, as it pertains to that
firearm.
   25560.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person in order to utilize Section
28000 as it pertains to that firearm.
   25565.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person in order to sell, deliver, or
transfer the firearm as specified in Section 27850 or 31725 to an
authorized representative of a city, city and county, county, or
state or federal government that is acquiring the weapon as part of
an authorized, voluntary program in which the entity is buying or
receiving weapons from private individuals.
   25570.  Section 25400 does not apply to, or affect, any of the
following:
   (a) The transportation of a firearm by a person who finds the
firearm, if the person is transporting the firearm in order to comply
with Article 1 (commencing with Section 2080) of Chapter 4 of
Division 3 of the Civil Code as it pertains to that firearm, and, if
the person is transporting the firearm to a law enforcement agency,
the person gives prior notice to the law enforcement agency that the
person is transporting the firearm to the law enforcement agency.
   (b) The transportation of a firearm by a person who finds the
firearm and is transporting it to a law enforcement agency for
disposition according to law, if the person gives prior notice to the
law enforcement agency that the person is transporting the firearm
to the law enforcement agency for disposition according to law.
   25575.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person in order to comply with
Section 27560 as it pertains to that firearm.
   25580.  Section 25400 does not apply to, or affect, the
transportation of a firearm that is a curio or relic, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations, by a
person in order to comply with Section 27565 as it pertains to that
firearm.
   25585.  Section 25400 does not apply to, or affect, the
transportation of a firearm by a person for the purpose of obtaining
an identification number or mark assigned to that firearm from the
Department of Justice pursuant to Section 23910.
   25595.  This article does not prohibit or limit the otherwise
lawful carrying or transportation of any pistol, revolver, or other
firearm capable of being concealed upon the person in accordance with
the provisions listed in Section 16580.

      Article 4.  Other Exemptions


   25600.  (a) A violation of Section 25400 is justifiable when a
person who possesses a firearm reasonably believes that person is in
grave danger because of circumstances forming the basis of a current
restraining order issued by a court against another person who has
been found to pose a threat to the life or safety of the person who
possesses the firearm. This section may not apply when the
circumstances involve a mutual restraining order issued pursuant to
Division 10 (commencing with Section 6200) of the Family Code absent
a factual finding of a specific threat to the person's life or
safety. It is not the intent of the Legislature to limit, restrict,
or narrow the application of current statutory or judicial authority
to apply this or other justifications to a defendant charged with
violating Section 25400 or committing another similar offense.
   (b) Upon trial for violating Section 25400, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that the defendant was in grave danger.
   25605.  (a) Section 25400 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, who carries, either openly or concealed, anywhere within the
citizen's or legal resident's place of residence, place of business,
or on private property owned or lawfully possessed by the citizen or
legal resident, any pistol, revolver, or other firearm capable of
being concealed upon the person.
   (b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, to purchase, own, possess, keep, or carry, either openly or
concealed, a pistol, revolver, or other firearm capable of being
concealed upon the person within the citizen's or legal resident's
place of residence, place of business, or on private property owned
or lawfully possessed by the citizen or legal resident.
   (c) Nothing in this section shall be construed as affecting the
application of Sections 25850 to 26055, inclusive.
   25610.  (a) Section 25400 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
   (1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle.
   (2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
   (b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with the provisions listed in Section 16580.
   25615.  Section 25400 does not apply to, or affect, the possession
or transportation of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person as merchandise by a person
who is engaged in the business of manufacturing, importing,
wholesaling, repairing, or dealing in firearms and who is licensed to
engage in that business, or the authorized representative or
authorized agent of that person, while engaged in the lawful course
of the business.
   25620.  Section 25400 does not apply to, or affect, any member of
the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United
States, or the National Guard, when on duty, or any organization
that is by law authorized to purchase or receive those weapons from
the United States or this state.
   25625.  Section 25400 does not apply to, or affect, the carrying
of unloaded pistols, revolvers, or other firearms capable of being
concealed upon the person by duly authorized military or civil
organizations while parading, or the members thereof when going to
and from the places of meeting of their respective organizations.
   25630.  Section 25400 does not apply to, or affect, any guard or
messenger of any common carrier, bank, or other financial
institution, while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds,
or other thing of value within this state.
   25635.  Section 25400 does not apply to, or affect, members of any
club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or
private, while the members are using pistols, revolvers, or other
firearms capable of being concealed
          upon the person upon the target ranges, or transporting
these firearms unloaded when going to and from the ranges.
   25640.  Section 25400 does not apply to, or affect, licensed
hunters or fishermen carrying pistols, revolvers, or other firearms
capable of being concealed upon the person while engaged in hunting
or fishing, or transporting those firearms unloaded when going to or
returning from the hunting or fishing expedition.
   25645.   Section 25400 does not apply to, or affect, the
transportation of unloaded firearms by a person operating a licensed
common carrier or an authorized agent or employee thereof when the
firearms are transported in conformance with applicable federal law.
   25650.  (a) Upon approval of the sheriff of the county in which
the retiree resides, Section 25400 does not apply to, or affect, any
honorably retired federal officer or agent of any federal law
enforcement agency, including, but not limited to, the Federal Bureau
of Investigation, the Secret Service, the United States Customs
Service, the Federal Bureau of Alcohol, Tobacco, and Firearms, the
Federal Bureau of Narcotics, the Drug Enforcement Administration, the
United States Border Patrol, and any officer or agent of the
Internal Revenue Service who was authorized to carry weapons while on
duty, who was assigned to duty within the state for a period of not
less than one year, or who retired from active service in the state.
   (b) A retired federal officer or agent shall provide the sheriff
with certification from the agency from which the officer or agent
retired certifying that person's service in the state, the nature of
that person's retirement, and indicating the agency's concurrence
that the retired federal officer or agent should be accorded the
privilege of carrying a concealed firearm.
   (c) Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that the retiree may
carry a concealed firearm in accordance with this section. The permit
shall be valid for a period not exceeding five years, shall be
carried by the retiree while carrying a concealed firearm, and may be
revoked for good cause.
   (d) The sheriff of the county in which the retired federal officer
or agent resides may require recertification prior to a permit
renewal, and may suspend the privilege for cause. The sheriff may
charge a fee necessary to cover any reasonable expenses incurred by
the county.
   25655.  Section 25400 does not apply to, or affect, the carrying
of a pistol, revolver, or other firearm capable of being concealed
upon the person by a person who is authorized to carry that weapon in
a concealed manner pursuant to Chapter 4 (commencing with Section
26150).

      Article 5.  Concealed Carrying of Firearm as a Nuisance


   25700.  (a) The unlawful carrying of any handgun in violation of
Section 25400 is a nuisance and is subject to Sections 18000 and
18005.
   (b) This section does not apply to any of the following:
   (1) Any firearm in the possession of the Department of Fish and
Game.
   (2) Any firearm that was used in the violation of any provision of
the Fish and Game Code or any regulation adopted pursuant thereto.
   (3) Any firearm that is forfeited pursuant to Section 5008.6 of
the Public Resources Code.
      CHAPTER 3.  CARRYING A LOADED FIREARM



      Article 1.  Armed Criminal Action


   25800.  (a) Every person who carries a loaded firearm with the
intent to commit a felony is guilty of armed criminal action.
   (b) Armed criminal action is punishable by imprisonment in a
county jail not exceeding one year, or in the state prison.

      Article 2.  Crime of Carrying a Loaded Firearm in Public


   25850.  (a) A person is guilty of carrying a loaded firearm when
the person carries a loaded firearm on the person or in a vehicle
while in any public place or on any public street in an incorporated
city or in any public place or on any public street in a prohibited
area of unincorporated territory.
   (b) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on the person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
   (c) Carrying a loaded firearm in violation of this section is
punishable, as follows:
   (1) Where the person previously has been convicted of any felony,
or of any crime made punishable by a provision listed in Section
16580, as a felony.
   (2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
   (3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (4) Where the person is not in lawful possession of the firearm,
or is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
   (5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
   (6) Where the person is not listed with the Department of Justice
pursuant to Section 11106 as the registered owner of the handgun, by
imprisonment in the state prison, or by imprisonment in a county jail
not to exceed one year, or by a fine not to exceed one thousand
dollars ($1,000), or both that fine and imprisonment.
   (7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, as a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (d) (1) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section 23515,
or of any crime made punishable under a provision listed in Section
16580, shall serve a term of at least three months in a county jail,
or, if granted probation or if the execution or imposition of
sentence is suspended, it shall be a condition thereof that the
person be imprisoned for a period of at least three months.
   (2) The court shall apply the three-month minimum sentence except
in unusual cases where the interests of justice would best be served
by granting probation or suspending the imposition or execution of
sentence without the minimum imprisonment required in this section or
by granting probation or suspending the imposition or execution of
sentence with conditions other than those set forth in this section,
in which case, the court shall specify on the record and shall enter
on the minutes the circumstances indicating that the interests of
justice would best be served by that disposition.
   (e) A violation of this section that is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding
one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.
   (f) Nothing in this section, or in Article 3 (commencing with
Section 25900) or Article 4 (commencing with Section 26000), shall
preclude prosecution under Chapter 2 (commencing with Section 29800)
or Chapter 3 (commencing with Section 29900) of Division 9 of this
title, Section 8100 or 8103 of the Welfare and Institutions Code, or
any other law with a greater penalty than this section.
   (g) Notwithstanding paragraphs (2) and (3) of subdivision (a) of
Section 836, a peace officer may make an arrest without a warrant:
   (1) When the person arrested has violated this section, although
not in the officer's presence.
   (2) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
   (h) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c), if the peace officer has probable
cause to believe that the person is carrying a handgun in violation
of this section and that person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section 11106
as the registered owner of that handgun.

      Article 3.  Peace Officer Exemption to the Crime of Carrying a
Loaded Firearm in Public


   25900.  As provided in this article, Section 25850 does not apply
to any of the following:
   (a) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.
   (b) Any other duly appointed peace officer.
   (c) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.
   (d) Any other honorably retired peace officer who during the
course and scope of employment as a peace officer was authorized to,
and did, carry a firearm.
   (e) Any full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California.
   (f) Any person summoned by any of these officers to assist in
making arrests or preserving the peace while the person is actually
engaged in assisting that officer.
   25905.  (a) Any peace officer described in Section 25900 who has
been honorably retired shall be issued an identification certificate
by the law enforcement agency from which the officer has retired.
   (b) The issuing agency may charge a fee necessary to cover any
reasonable expenses incurred by the agency in issuing certificates
pursuant to Sections 25900, 25910, 25925, and this section.
   (c) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a loaded firearm.
   (d) An honorably retired peace officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall not be
required to obtain an endorsement from the issuing agency to carry a
loaded firearm.
   25910.  (a) Except as provided in subdivision (b), no endorsement
or renewal endorsement issued pursuant to Section 25915 shall be
effective unless it is in the format set forth in subdivision (c) of
Section 25460.
   (b) Any peace officer listed in subdivision (f) of Section 830.2
or in subdivision (c) of Section 830.5, who is retired between
January 2, 1981, and on or before December 31, 1988, and who is
authorized to carry a loaded firearm pursuant to this article, shall
not be required to have an endorsement in the format set forth in
subdivision (c) of Section 25460 until the time of the issuance, on
or after January 1, 1989, of a renewal endorsement pursuant to
Section 25915.
   25915.  Every five years, a retired peace officer, except an
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall petition the issuing agency for renewal of the
privilege to carry a loaded firearm.
   25920.  (a) The agency from which a peace officer is honorably
retired may, upon initial retirement of the peace officer, or at any
time subsequent thereto, deny or revoke for good cause the retired
officer's privilege to carry a loaded firearm.
   (b) A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who is retired prior to January 1, 1981, shall have the
privilege to carry a loaded firearm denied or revoked by having the
agency from which the officer retired stamp on the officer's
identification certificate "No CCW privilege."
   25925.  (a) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry a loaded
firearm by this article shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
   (b) The individual retired peace officer shall be responsible for
maintaining eligibility to carry a loaded firearm.
   (c) The Department of Justice shall provide subsequent arrest
notification pursuant to Section 11105.2 regarding honorably retired
peace officers listed in subdivision (c) of Section 830.5 to the
agency from which the officer has retired.

      Article 4.  Other Exemptions to the Crime of Carrying a Loaded
Firearm in Public


   26000.  Section 25850 does not apply to members of the military
forces of this state or of the United States engaged in the
performance of their duties.
   26005.  Section 25850 does not apply to either of the following:
   (a) Persons who are using target ranges for the purpose of
practice shooting with a firearm.
   (b) Members of shooting clubs while hunting on the premises of
those clubs.
   26010.  Section 25850 does not apply to the carrying of any
handgun by any person as authorized pursuant to Chapter 4 (commencing
with Section 26150) of Division 5.
   26015.  Section 25850 does not apply to any armored vehicle guard,
as defined in Section 7582.1 of the Business and Professions Code,
if either of the following conditions is satisfied:
   (a) The guard was hired prior to January 1, 1977, and is acting
within the course and scope of employment.
   (b) The guard was hired on or after January 1, 1977, has received
a firearms qualification card from the Department of Consumer
Affairs, and is acting within the course and scope of employment.
   26020.  (a) Upon approval of the sheriff of the county in which
the retiree resides, Section 25850 does not apply to any honorably
retired federal officer or agent of any federal law enforcement
agency, including, but not limited to, the Federal Bureau of
Investigation, the Secret Service, the United States Customs Service,
the Federal Bureau of Alcohol, Tobacco, and Firearms, the Federal
Bureau of Narcotics, the Drug Enforcement Administration, the United
States Border Patrol, and any officer or agent of the Internal
Revenue Service who was authorized to carry weapons while on duty,
who was assigned to duty within the state for a period of not less
than one year, or who retired from active service in the state.
   (b) A retired federal officer or agent shall provide the sheriff
with certification from the agency from which the officer or agent
retired certifying that person's service in the state, the nature of
that person's retirement, and indicating the agency's concurrence
that the retired federal officer or agent should be accorded the
privilege of carrying a loaded firearm.
   (c) Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that the retiree may carry a
loaded firearm in accordance with this section. The permit shall be
valid for a period not exceeding five years, shall be carried by the
retiree while carrying a loaded firearm, and may be revoked for good
cause.
   (d) The sheriff of the county in which the retired federal officer
or agent resides may require recertification prior to a permit
renewal, and may suspend the privilege for cause. The sheriff may
charge a fee necessary to cover any reasonable expenses incurred by
the county.
   26025.  Section 25850 does not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
   (a) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also, under the express terms of the
charter, satisfy all of the following requirements:
   (1) They are subject to suspension or dismissal after a hearing on
charges duly filed with the commission after a fair and impartial
trial.
   (2) They are not less than 18 years of age or more than 40 years
of age.
   (3) They possess physical qualifications prescribed by the
commission.
   (4) They are designated by the police commission as the owners of
a certain beat or territory as may be fixed from time to time by the
police commission.
   (b) Animal control officers or zookeepers, regularly compensated
in that capacity by a governmental agency, when carrying weapons
while acting in the course and scope of their employment and when
designated by a local ordinance or, if the governmental agency is not
authorized to act by ordinance, by a resolution, either individually
or by class, to carry the weapons.
   (c) Persons who are authorized to carry the weapons pursuant to
Section 14502 of the Corporations Code, while actually engaged in the
performance of their duties pursuant to that section.
   (d) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
   26030.  (a) Section 25850 does not apply to any of the following
who have been issued a certificate pursuant to subdivision (d):
   (1) Guards or messengers of common carriers, banks, and other
financial institutions, while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
   (2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority, if they were hired prior to January 1, 1977.
   (3) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority, if they were hired on or after January 1, 1977, and they
have completed a course in the carrying and use of firearms that
meets the standards prescribed by the Department of Consumer Affairs.

   (4) Private investigators licensed pursuant to Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
   (5) Uniformed employees of private investigators licensed pursuant
to Chapter 11.3 (commencing with Section 7512) of Division 3 of the
Business and Professions Code, while acting within the course and
scope of their employment.
   (6) Private patrol operators licensed pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
   (7) Uniformed employees of private patrol operators licensed
pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3
of the Business and Professions Code, while acting within the course
and scope of their employment.
   (8) Alarm company operators licensed pursuant to Chapter 11.6
(commencing with Section 7590) of Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
   (9) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
   (10) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers, or on duty or en route to or from their residences or
their places of employment, and security guards and alarm agents en
route to or from their residences or employer-required range
training.
   (b) Nothing in paragraph (10) of subdivision (a) shall be
construed to prohibit cities and counties from enacting ordinances
requiring alarm agents to register their names.
   (c) A certificate under this section shall not be required of any
person who is a peace officer, who has completed all training
required by law for the exercise of the person's power as a peace
officer, and who is employed while not on duty as a peace officer.
   (d) The Department of Consumer Affairs may issue a certificate to
any person referred to in this section, upon notification by the
school where the course was completed, that the person has
successfully completed a course in the carrying and use of firearms
and a course of training in the exercise of the powers of arrest,
which meet the standards prescribed by the department pursuant to
Section 7583.5 of the Business and Professions Code.
   26035.  Nothing in Section 25850 shall prevent any person engaged
in any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
   26040.  Nothing in Section 25850 shall prevent any person from
carrying a loaded firearm in an area within an incorporated city
while engaged in hunting, provided that the hunting at that place and
time is not prohibited by the city council.
   26045.  (a) Nothing in Section 25850 is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that any
person or the property of any person is in immediate, grave danger
and that the carrying of the weapon is necessary for the preservation
of that person or property.
   (b) A violation of Section 25850 is justifiable when a person who
possesses a firearm reasonably believes that person is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person who has
been found to pose a threat to the life or safety of the person who
possesses the firearm. This subdivision may not apply when the
circumstances involve a mutual restraining order issued pursuant to
Division 10 (commencing with Section 6200) of the Family Code absent
a factual finding of a specific threat to the person's life or
safety. It is not the intent of the Legislature to limit, restrict,
or narrow the application of current statutory or judicial authority
to apply this or other justifications to a defendant charged with
violating Section 25400 or committing another similar offense. Upon
trial for violating Section 25850, the trier of fact shall determine
whether the defendant was acting out of a reasonable belief that the
defendant was in grave danger.
   (c) As used in this section, "immediate" means the brief interval
before and after the local law enforcement agency, when reasonably
possible, has been notified of the danger and before the arrival of
its assistance.
   26050.  Nothing in Section 25850 is intended to preclude the
carrying of a loaded firearm by any person while engaged in the act
of making or attempting to make a lawful arrest.
   26055.  Nothing in Section 25850 shall prevent any person from
having a loaded weapon, if it is otherwise lawful, at the person's
place of residence, including any temporary residence or campsite.
   26060.  Nothing in Section 25850 shall prevent any person from
storing aboard any vessel or aircraft any loaded or unloaded rocket,
rocket propelled projectile launcher, or similar device designed
primarily for emergency or distress signaling purposes, or from
possessing that type of a device while in a permitted hunting area or
traveling to or from a permitted hunting area and carrying a valid
California permit or license to hunt.

      Article 5.  Loaded Firearm in a Motor Vehicle


   26100.  (a) It is a misdemeanor for a driver of any motor vehicle
or the owner of any motor vehicle, whether or not the owner of the
vehicle is occupying the vehicle, knowingly to permit any other
person to carry into or bring into the vehicle a firearm in violation
of Section 25850 of this code or Section 2006 of the Fish and Game
Code.
   (b) Any driver or owner of any vehicle, whether or not the owner
of the vehicle is occupying the vehicle, who knowingly permits any
other person to discharge any firearm from the vehicle is punishable
by imprisonment in the county jail for not more than one year or in
state prison for 16 months or two or three years.
   (c) Any person who willfully and maliciously discharges a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle is guilty of a felony punishable by imprisonment in
state prison for three, five, or seven years.
   (d) Except as provided in Section 3002 of the Fish and Game Code,
any person who willfully and maliciously discharges a firearm from a
motor vehicle is guilty of a public offense punishable by
imprisonment in the county jail for not more than one year or in the
state prison.
      CHAPTER 4.  LICENSE TO CARRY A PISTOL, REVOLVER, OR OTHER
FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON


   26150.  (a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the sheriff of a county may issue a license to that person
upon proof of all of the following:
   (1) The applicant is of good moral character.
   (2) Good cause exists for issuance of the license.
   (3) The applicant is a resident of the county or a city within the
county, or the applicant's principal place of employment or business
is in the county or a city within the county and the applicant
spends a substantial period of time in that place of employment or
business.
   (4) The applicant has completed a course of training as described
in Section 26165.
   (b) The sheriff may issue a license under subdivision (a) in
either of the following formats:
   (1) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
   (2) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   26155.  (a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the chief or other head
                of a municipal police department of any city or city
and county may issue a license to that person upon proof of all of
the following:
   (1) The applicant is of good moral character.
   (2) Good cause exists for issuance of the license.
   (3) The applicant is a resident of that city.
   (4) The applicant has completed a course of training as described
in Section 26165.
   (b) The chief or other head of a municipal police department may
issue a license under subdivision (a) in either of the following
formats:
   (1) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
   (2) Where the population of the county in which the city is
located is less than 200,000 persons according to the most recent
federal decennial census, a license to carry loaded and exposed in
only that county a pistol, revolver, or other firearm capable of
being concealed upon the person.
   (c) Nothing in this chapter shall preclude the chief or other head
of a municipal police department of any city from entering an
agreement with the sheriff of the county in which the city is located
for the sheriff to process all applications for licenses, renewals
of licenses, and amendments to licenses, pursuant to this chapter.
   26160.  Each licensing authority shall publish and make available
a written policy summarizing the provisions of Section 26150 and
subdivisions (a) and (b) of Section 26155.
   26165.  (a) For new license applicants, the course of training for
issuance of a license under Section 26150 or 26155 may be any course
acceptable to the licensing authority, shall not exceed 16 hours,
and shall include instruction on at least firearm safety and the law
regarding the permissible use of a firearm.
   (b) Notwithstanding subdivision (a), the licensing authority may
require a community college course certified by the Commission on
Peace Officer Standards and Training, up to a maximum of 24 hours,
but only if required uniformly of all license applicants without
exception.
   (c) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall be no less
than four hours, and shall include instruction on at least firearm
safety and the law regarding the permissible use of a firearm. No
course of training shall be required for any person certified by the
licensing authority as a trainer for purposes of this section, in
order for that person to renew a license issued pursuant to this
article.
   26170.  (a) Upon proof of all of the following, the sheriff of a
county, or the chief or other head of a municipal police department
of any city or city and county, may issue to an applicant a license
to carry concealed a pistol, revolver, or other firearm capable of
being concealed upon the person:
   (1) The applicant is of good moral character.
   (2) Good cause exists for issuance of the license.
   (3) The applicant has been deputized or appointed as a peace
officer pursuant to subdivision (a) or (b) of Section 830.6 by that
sheriff or that chief of police or other head of a municipal police
department.
   (b) Direct or indirect fees for the issuance of a license pursuant
to this section may be waived.
   (c) The fact that an applicant for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the person
has been deputized or appointed as a peace officer pursuant to
subdivision (a) or (b) of Section 830.6 shall be considered only for
the purpose of issuing a license pursuant to this section, and shall
not be considered for the purpose of issuing a license pursuant to
Section 26150 or 26155.
   26175.  (a) (1) Applications for licenses, applications for
amendments to licenses, amendments to licenses, and licenses under
this article shall be uniform throughout the state, upon forms to be
prescribed by the Attorney General.
   (2) The Attorney General shall convene a committee composed of one
representative of the California State Sheriffs' Association, one
representative of the California Police Chiefs' Association, and one
representative of the Department of Justice to review, and as deemed
appropriate, revise the standard application form for licenses. The
committee shall meet for this purpose if two of the committee's
members deem that necessary.
   (b) The application shall include a section summarizing the
statutory provisions of state law that result in the automatic denial
of a license.
   (c) The standard application form for licenses described in
subdivision (a) shall require information from the applicant,
including, but not limited to, the name, occupation, residence and
business address of the applicant, the applicant's age, height,
weight, color of eyes and hair, and reason for desiring a license to
carry the weapon.
   (d) Applications for licenses shall be filed in writing, and
signed by the applicant.
   (e) Applications for amendments to licenses shall be filed in
writing and signed by the applicant, and shall state what type of
amendment is sought pursuant to Section 26215 and the reason for
desiring the amendment.
   (f) The forms shall contain a provision whereby the applicant
attests to the truth of statements contained in the application.
   (g) An applicant shall not be required to complete any additional
application or form for a license, or to provide any information
other than that necessary to complete the standard application form
described in subdivision (a), except to clarify or interpret
information provided by the applicant on the standard application
form.
   (h) The standard application form described in subdivision (a) is
deemed to be a local form expressly exempt from the requirements of
the Administrative Procedures Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   (i) Any license issued upon the application shall set forth the
licensee's name, occupation, residence and business address, the
licensee's age, height, weight, color of eyes and hair, and the
reason for desiring a license to carry the weapon, and shall, in
addition, contain a description of the weapon or weapons authorized
to be carried, giving the name of the manufacturer, the serial
number, and the caliber. The license issued to the licensee may be
laminated.
   26180.  (a) Any person who files an application required by
Section 26175 knowing that any statement contained therein is false
is guilty of a misdemeanor.
   (b) Any person who knowingly makes a false statement on the
application regarding any of the following is guilty of a felony:
   (1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to this article.
   (2) A criminal conviction.
   (3) A finding of not guilty by reason of insanity.
   (4) The use of a controlled substance.
   (5) A dishonorable discharge from military service.
   (6) A commitment to a mental institution.
   (7) A renunciation of United States citizenship.
   26185.  (a) (1) The fingerprints of each applicant shall be taken
and two copies on forms prescribed by the Department of Justice shall
be forwarded to the department.
   (2) Upon receipt of the fingerprints and the fee as prescribed in
Section 26190, the department shall promptly furnish the forwarding
licensing authority a report of all data and information pertaining
to any applicant of which there is a record in its office, including
information as to whether the person is prohibited by state or
federal law from possessing, receiving, owning, or purchasing a
firearm.
   (3) No license shall be issued by any licensing authority until
after receipt of the report from the department.
   (b) Notwithstanding subdivision (a), if the license applicant has
previously applied to the same licensing authority for a license to
carry firearms pursuant to this article and the applicant's
fingerprints and fee have been previously forwarded to the Department
of Justice, as provided by this section, the licensing authority
shall note the previous identification numbers and other data that
would provide positive identification in the files of the Department
of Justice on the copy of any subsequent license submitted to the
department in conformance with Section 26225 and no additional
application form or fingerprints shall be required.
   (c) If the license applicant has a license issued pursuant to this
article and the applicant's fingerprints have been previously
forwarded to the Department of Justice, as provided in this section,
the licensing authority shall note the previous identification
numbers and other data that would provide positive identification in
the files of the Department of Justice on the copy of any subsequent
license submitted to the department in conformance with Section 26225
and no additional fingerprints shall be required.
   26190.  (a) (1) Each applicant for a new license or for the
renewal of a license shall pay at the time of filing the application
a fee determined by the Department of Justice. The fee shall not
exceed the application processing costs of the Department of Justice
for the direct costs of furnishing the report required by Section
26185.
   (2) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
   (3) The officer receiving the application and the fee shall
transmit the fee, with the fingerprints if required, to the
Department of Justice.
   (b) (1) The licensing authority of any city, city and county, or
county may charge an additional fee in an amount equal to the actual
costs for processing the application for a new license, excluding
fingerprint and training costs, but in no case to exceed one hundred
dollars ($100), and shall transmit the additional fee, if any, to the
city, city and county, or county treasury.
   (2) The first 20 percent of this additional local fee may be
collected upon filing of the initial application. The balance of the
fee shall be collected only upon issuance of the license.
   (c) The licensing authority may charge an additional fee, not to
exceed twenty-five dollars ($25), for processing the application for
a license renewal, and shall transmit an additional fee, if any, to
the city, city and county, or county treasury.
   (d) These local fees may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
   (e) (1) In the case of an amended license pursuant to Section
26215, the licensing authority of any city, city and county, or
county may charge a fee, not to exceed ten dollars ($10), for
processing the amended license.
   (2) This fee may be increased at a rate not to exceed any increase
in the California Consumer Price Index as compiled and reported by
the Department of Industrial Relations.
   (3) The licensing authority shall transmit the fee to the city,
city and county, or county treasury.
   (f) (1) If psychological testing on the initial application is
required by the licensing authority, the license applicant shall be
referred to a licensed psychologist used by the licensing authority
for the psychological testing of its own employees. The applicant may
be charged for the actual cost of the testing in an amount not to
exceed one hundred fifty dollars ($150).
   (2) Additional psychological testing of an applicant seeking
license renewal shall be required only if there is compelling
evidence to indicate that a test is necessary. The cost to the
applicant for this additional testing shall not exceed one hundred
fifty dollars ($150).
   (g) Except as authorized pursuant to this section, no requirement,
charge, assessment, fee, or condition that requires the payment of
any additional funds by the applicant may be imposed by any licensing
authority as a condition of the application for a license.
   26195.  (a) A license under this article shall not be issued if
the Department of Justice determines that the person is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (b) (1) A license under this article shall be revoked by the local
licensing authority if at any time either the local licensing
authority is notified by the Department of Justice that a licensee is
prohibited by state or federal law from owning or purchasing
firearms, or the local licensing authority determines that the person
is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.
   (2) If at any time the Department of Justice determines that a
licensee is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm, the department shall
immediately notify the local licensing authority of the
determination.
   (3) If the local licensing authority revokes the license, the
Department of Justice shall be notified of the revocation pursuant to
Section 26225. The licensee shall also be immediately notified of
the revocation in writing.
   26200.  (a) A license issued pursuant to this article may include
any reasonable restrictions or conditions that the issuing authority
deems warranted, including restrictions as to the time, place,
manner, and circumstances under which the licensee may carry a
pistol, revolver, or other firearm capable of being concealed upon
the person.
   (b) Any restrictions imposed pursuant to subdivision (a) shall be
indicated on any license issued.
   26205.  The licensing authority shall give written notice to the
applicant indicating if the license under this article is approved or
denied. The licensing authority shall give this notice within 90
days of the initial application for a new license or a license
renewal, or 30 days after receipt of the applicant's criminal
background check from the Department of Justice, whichever is later.
   26210.  (a) When a licensee under this article has a change of
address, the license shall be amended to reflect the new address and
a new license shall be issued pursuant to subdivision (b) of Section
26215.
   (b) The licensee shall notify the licensing authority in writing
within 10 days of any change in the licensee's place of residence.
   (c) If both of the following conditions are satisfied, a license
to carry a concealed handgun may not be revoked solely because the
licensee's place of residence has changed to another county:
   (1) The licensee has not breached any of the conditions or
restrictions set forth in the license.
   (2) The licensee has not become prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
   (d) Notwithstanding subdivision (c), if a licensee's place of
residence was the basis for issuance of a license, any license issued
pursuant to Section 26150 or 26155 shall expire 90 days after the
licensee moves from the county of issuance.
   (e) If the license is one to carry loaded and exposed a pistol,
revolver, or other firearm capable of being concealed upon the
person, the license shall be revoked immediately upon a change of the
licensee's place of residence to another county.
   26215.  (a) A person issued a license pursuant to this article may
apply to the licensing authority for an amendment to the license to
do one or more of the following:
   (1) Add or delete authority to carry a particular pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (2) Authorize the licensee to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person.
   (3) If the population of the county is less than 200,000 persons
according to the most recent federal decennial census, authorize the
licensee to carry loaded and exposed in only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (4) Change any restrictions or conditions on the license,
including restrictions as to the time, place, manner, and
circumstances under which the person may carry a pistol, revolver, or
other firearm capable of being concealed upon the person.
   (b) If the licensing authority amends the license, a new license
shall be issued to the licensee reflecting the amendments.
   (c) An amendment to the license does not extend the original
expiration date of the license and the license shall be subject to
renewal at the same time as if the license had not been amended.
   (d) An application to amend a license does not constitute an
application for renewal of the license.
   26220.  (a) Except as otherwise provided in this section and in
subdivision (c) of Section 26210, a license issued pursuant to
Section 26150 or 26155 is valid for any period of time not to exceed
two years from the date of the license.
   (b) If the licensee's place of employment or business was the
basis for issuance of a license pursuant to Section 26150, the
license is valid for any period of time not to exceed 90 days from
the date of the license. The license shall be valid only in the
county in which the license was originally issued. The licensee shall
give a copy of this license to the licensing authority of the city,
county, or city and county in which the licensee resides. The
licensing authority that originally issued the license shall inform
the licensee verbally and in writing in at least 16-point type of
this obligation to give a copy of the license to the licensing
authority of the city, county, or city and county of residence. Any
application to renew or extend the validity of, or reissue, the
license may be granted only upon the concurrence of the licensing
authority that originally issued the license and the licensing
authority of the city, county, or city and county in which the
licensee resides.
   (c) A license issued pursuant to Section 26150 or 26155 is valid
for any period of time not to exceed three years from the date of the
license if the license is issued to any of the following
individuals:
   (1) A judge of a California court of record.
   (2) A full-time court commissioner of a California court of
record.
   (3) A judge of a federal court.
   (4) A magistrate of a federal court.
   (d) A license issued pursuant to Section 26150 or 26155 is valid
for any period of time not to exceed four years from the date of the
license if the license is issued to a custodial officer who is an
employee of the sheriff as provided in Section 831.5, except that the
license shall be invalid upon the conclusion of the person's
employment pursuant to Section 831.5 if the four-year period has not
otherwise expired or any other condition imposed pursuant to this
article does not limit the validity of the license to a shorter time
period.
   (e) A license issued pursuant to Section 26170 to a peace officer
appointed pursuant to Section 830.6 is valid for any period of time
not to exceed four years from the date of the license, except that
the license shall be invalid upon the conclusion of the person's
appointment pursuant to Section 830.6 if the four-year period has not
otherwise expired or any other condition imposed pursuant to this
article does not limit the validity of the license to a shorter time
period.
   26225.  (a) A record of the following shall be maintained in the
office of the licensing authority:
   (1) The denial of a license.
   (2) The denial of an amendment to a license.
   (3) The issuance of a license.
   (4) The amendment of a license.
   (5) The revocation of a license.
   (b) Copies of each of the following shall be filed immediately by
the issuing officer or authority with the Department of Justice:
   (1) The denial of a license.
   (2) The denial of an amendment to a license.
   (3) The issuance of a license.
   (4) The amendment of a license.
   (5) The revocation of a license.
   (c) (1) Commencing on or before January 1, 2000, and annually
thereafter, each licensing authority shall submit to the Attorney
General the total number of licenses issued to peace officers
pursuant to Section 26170, and to judges pursuant to Section 26150 or
26155.
   (2) The Attorney General shall collect and record the information
submitted pursuant to this subdivision by county and licensing
authority.
      CHAPTER 5.  RETIRED PEACE OFFICER CARRYING A CONCEALED AND
LOADED FIREARM


   26300.  (a) Any peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in Section 25470.
   (b) Any peace officer employed by an agency and listed in Section
830.1 or 830.2 or subdivision (c) of Section 830.5 who retired after
January 1, 1981, shall have an endorsement on the officer's
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
   (c) Any peace officer not listed in subdivision (a) or (b) who was
authorized to, and did, carry a firearm during the course and scope
of employment as a peace officer shall have an endorsement on the
officer's identification certificate stating that the issuing agency
approves the officer's carrying of a concealed and loaded firearm.
   26305.  (a) No peace officer who is retired after January 1, 1989,
because of a psychological disability shall be issued an endorsement
to carry a concealed and loaded firearm pursuant to this article.
   (b) A retired peace officer may have the privilege to carry a
concealed and loaded firearm revoked or denied by violating any
departmental rule, or state or federal law that, if violated by an
officer on active duty, would result in that officer's arrest,
suspension, or removal from the agency.
   (c) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be immediately and temporarily revoked by the issuing agency when
the conduct of a retired peace officer compromises public safety.
   (d) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be permanently
revoked or denied by the issuing agency only upon a showing of good
cause. Good cause shall be determined at a hearing, as specified in
Section 26320.
   26310.  (a) Issuance of an identification certificate authorizing
the officer to carry a concealed and loaded firearm or an endorsement
may be denied prior to a hearing.
   (b) If a hearing is not conducted prior to the denial of an
endorsement, a retired peace officer, within 15 days of the denial,
shall have the right to request a hearing. A retired peace officer
who fails to request a hearing pursuant to this section shall forfeit
the right to a hearing.
   26312.  (a) Notice of a temporary revocation shall be effective
upon personal service or upon receipt of a notice that was sent by
first-class mail, postage prepaid, return receipt requested, to the
retiree's last known place of residence.
   (b) The retiree shall have 15 days to respond to the notification
and request a hearing to determine if the temporary revocation should
become permanent.
   (c) A retired peace officer who fails to respond to the notice of
hearing within the 15-day period shall forfeit the right to a hearing
and the authority of the officer to carry a firearm shall be
permanently revoked. The retired officer shall immediately return the
identification certificate to the issuing agency.
   (d) If a hearing is requested, good cause for permanent revocation
shall be determined at a hearing, as specified in Section 26320. The
hearing shall be held no later than 120 days after the request by
the retired officer for a hearing is received.
   (e) A retiree may waive the right to a hearing and immediately
return the identification certificate to the issuing agency.
   26315.  (a) An identification certificate authorizing the officer
to carry a concealed and loaded firearm or an endorsement may be
permanently revoked only after a hearing, as specified in Section
26320.
   (b) Any retired peace officer whose identification certificate
authorizing the officer to carry a concealed and loaded firearm or an
endorsement is to be revoked shall receive notice of the hearing.
Notice of the hearing shall be served either personally on the
retiree or sent by first-class mail, postage prepaid, return receipt
requested to the retiree's last known place of residence.
   (c) From the date the retiree signs for the notice or upon the
date the notice is served personally on the retiree, the retiree
shall have 15 days to respond to the notification. A retired peace
officer who fails to respond to the notice of the hearing shall
forfeit the right to a hearing and the authority of the officer to
carry a firearm shall be permanently revoked. The retired officer
shall immediately return the identification certificate to the
issuing agency.
   (d) If a hearing is requested, good cause for permanent revocation
shall be determined at the hearing, as specified in Section 26320.
The hearing shall be held no later than 120 days after the request by
the retired officer for a hearing is received.
   (e) The retiree may waive the right to a hearing and immediately
return the identification certificate to the issuing agency.
   26320.  (a) Any hearing conducted under this article shall be held
before a three-member hearing board. One member of the board shall
be selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization. The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
   (b) Any decision by the board shall be binding on the agency and
the retired peace officer.
   26325.  (a) A retired peace officer, when notified of the
revocation of the privilege to carry a concealed and loaded firearm,
after the hearing, or upon forfeiting the right to a hearing, shall
immediately surrender to the issuing agency the officer's
identification certificate.
   (b) The issuing agency shall reissue a new identification
certificate without an endorsement.
   (c) Notwithstanding subdivision (b), if the peace officer retired
prior to January 1, 1981, and was at the time of retirement a peace
officer listed in Section 830.1 or 830.2 or subdivision (c) of
Section 830.5, the issuing agency shall stamp on the identification
certificate "No CCW privilege."

      DIVISION 6.  SALE, LEASE, OR TRANSFER OF FIREARMS


      CHAPTER 1.  LICENSE REQUIREMENT FOR SALE, LEASE, OR TRANSFER OF
FIREARMS



      Article 1.  License Requirement and Miscellaneous Exceptions


   26500.  (a) No person shall sell, lease, or transfer firearms
unless the person has been issued a license pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2.
   (b) Any person violating this article is guilty of a misdemeanor.
   26505.  Section 26500 does not apply to the sale, lease, or
transfer of any firearm by any of the following:
   (a) A person acting pursuant to operation of law.
   (b) A person acting pursuant to a court order.
   (c) A person acting pursuant to the Enforcement of Judgments Law
(Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure).
   (d) A person who liquidates a personal firearm collection to
satisfy a court judgment.
   26510.  Section 26500 does not apply to a person acting pursuant
to subdivision (f) of Section 186.22a or Section 18000 or 18005.
   26515.  Section 26500 does not apply to the sale, lease, or
transfer of a firearm if both of the following conditions are
satisfied:
   (a) The sale, lease, or transfer is made by a person who obtains
title to the firearm by intestate succession or bequest, or as a
surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code.
   (b) The person disposes of the firearm within 60 days of receipt
of the firearm.
   26520.  (a) Section 26500 does not apply to the infrequent sale,
lease, or transfer of firearms.
   (b) As used in this section, "infrequent" has the meaning provided
in Section 16730.
   26525.  (a) Section 26500 does not apply to the sale, lease, or
transfer of used firearms, other than handguns, at gun shows or
events, as specified in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 26710,
and provided all the sales, leases, or transfers fully comply with
Section 27545. However, the person shall not engage in the sale,
lease, or transfer of used firearms other than handguns at more than
12 gun shows or events in any calendar year and shall not sell,
lease, or transfer more than 15 used firearms other than handguns at
any single gun show or event. In no event shall the person sell more
than 75 used firearms other than handguns in any calendar year.
   (b) The Department of Justice shall adopt regulations to
administer this program and shall recover the full costs of
administration from fees assessed applicants.
   26530.  Section 26500 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   26535.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies both of the following conditions:

   (a) It is made by an importer or manufacturer licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made to a dealer or wholesaler.
   26540.  Section 26500 does not apply to deliveries and transfers
of firearms made pursuant to Sections 18000 and 18005, pursuant to
Division 4 (commencing with Section 18250) of Title 2, or pursuant to
Sections 34005 and 34010.
   26545.  Section 26500 does not apply to the loan of a firearm for
the purposes of shooting at targets, if the loan occurs on the
premises of a target facility that holds a business or regulatory
license or on the premises of any club or organization organized for
the purposes of practicing shooting at targets upon established
ranges, whether public or private, if the firearm is at all times
kept within the premises of the target range or on the premises of
the club or organization.
   26550.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a manufacturer, importer, or wholesaler licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (b) It is made to a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   26555.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a person who resides outside this state and is
licensed outside this state pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (b) It is made to a manufacturer, importer, or wholesaler.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   26560.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms by a wholesaler to a dealer.
   26565.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state.
   (b) It is made to a person licensed pursuant to Sections 26700 to
26915, inclusive.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   26570.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (b) It is made to a dealer.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   26575.  Section 26500 does not apply to the sale, delivery, or
transfer of an unloaded firearm by one wholesaler to another
wholesaler if that firearm is intended as merchandise in the
receiving wholesaler's business.
   26580.  Section 26500 does not apply to the loan of an unloaded
firearm or the loan of a firearm loaded with blank cartridges for use
solely as a prop for a motion picture, television, or video
production or entertainment or theatrical event.
   26585.  Section 26500 does not apply to the delivery of an
unloaded firearm that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, if the
delivery satisfies all of the following conditions:
   (a) It is made by a person licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made by a person with a current certificate of
eligibility issued pursuant to Section 26710.
   (c) It is made to a dealer.
   26587.  Section 26500 does not apply to either of the following:
   (a) A loan of a firearm to a gunsmith for service or repair.
   (b) The return of the firearm by the gunsmith.
   26588.  Section 26500 does not apply to any of the following:
   (a) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 1 (commencing with Section 18710) of Division 5
of Title 2 by a person who holds a permit issued pursuant to Article
3 (commencing with Section 18900) of that chapter, if the sale,
delivery, transfer, or return is conducted in accordance with the
terms and conditions of the permit.
   (b) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 2 (commencing with Section 30500) of Division 10
by a person who holds a permit issued pursuant to Section 31005, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (c) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 6 (commencing with Section 32610) of Division 10
by a person who holds a permit issued pursuant to Section 32650, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (d) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Article 2 (commencing with Section 33300) of Chapter 8
of Division 10 by a person who holds a permit issued pursuant to
Section 33300, if the sale, delivery, transfer, or return is
conducted in accordance with the terms and conditions of the permit.
   26590.  Section 26500 does not apply to deliveries, transfers, or
returns of firearms made by a court or a law enforcement agency
pursuant to Chapter 2 (commencing with Section 33850) of Division 11.


      Article 2.  Exceptions Relating to Law Enforcement


   26600.  (a) Section 26500 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   26605.  Section 26500 does not apply to the loan of a firearm if
all of the following conditions are satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   26610.  (a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   26615.  (a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
      CHAPTER 2.  ISSUANCE, FORFEITURE, AND CONDITIONS OF LICENSE TO
SELL, LEASE, OR TRANSFER FIREARMS AT RETAIL



      Article 1.  License to Sell, Lease, or Transfer Firearms at
Retail


   26700.  As used in this division, and in any other provision
listed in Section 16580, "dealer," "licensee," or "person licensed
pursuant to Sections 26700 to 26915, inclusive" means a person who
satisfies all of the following requirements:
   (a) Has a valid federal firearms license.
   (b) Has any regulatory or business license, or licenses, required
by local government.
   (c) Has a valid seller's permit issued by the State Board of
Equalization.
   (d) Has a certificate of eligibility issued by the Department of
Justice pursuant to Section 26710.
   (e) Has a license issued in the format prescribed by subdivision
(c) of Section 26705.
   (f) Is among those recorded in the centralized list specified in
Section 26715.
   26705.  (a) The duly constituted licensing authority of a city,
county, or a city and county shall accept applications for, and may
grant licenses permitting, licensees to sell firearms at retail
within the city, county, or city and county. The duly constituted
licensing authority shall inform applicants who are denied licenses
of the reasons for the denial in writing.
   (b) No license shall be granted to any applicant who fails to
provide a copy of the applicant's valid federal firearms license,
valid seller's permit issued by the State Board of Equalization, and
the certificate of eligibility described in Section 26710.
   (c) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
   (1) In the form prescribed by the Attorney General.
   (2) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
   (3) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
   (d) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
   26710.  (a) A person may request a certificate of eligibility from
the Department of Justice.
   (b) The Department of Justice shall examine its records and
records available to the department in the National Instant Criminal
Background Check System in order to determine if the applicant is
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.
   (c) The department shall issue a certificate to an applicant if
the department's records indicate that the applicant is not a person
who is prohibited by state or federal law from possessing firearms.
   (d) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
   26715.  (a) Except as otherwise provided in paragraphs (1) and (3)
of subdivision (b), the Department of Justice shall keep a
centralized list of all persons licensed pursuant to subdivisions (a)
to (e), inclusive, of Section 26700.
   (b) (1) The department may remove from this list any person who
knowingly or with gross negligence violates a provision listed in
Section 16575.
   (2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
   (3) Upon removal of a dealer from this list, notification shall be
provided to local law enforcement and licensing authorities in the
jurisdiction where the dealer's business is located.
   (c) Information compiled from the list shall be made available,
upon request, for the following purposes only:
   (1) For law enforcement purposes.
   (2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
   (3) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Article 1 (commencing with Section
27200) of Chapter 3, if that information is requested by the person
to determine the eligibility of a prospective participant in a gun
show or event to conduct transactions as a firearms dealer pursuant
to subdivision (b) of Section 26805.
   (d) Information provided pursuant to subdivision (c) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
   (1) A person licensed pursuant to subdivisions (a) to (e),
inclusive, of Section 26700.
   (2) A person who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code, and who is
not subject to the requirement of being licensed pursuant to
subdivisions (a) to (e), inclusive, of Section 26700.
   26720.  (a) The Department of Justice may inspect dealers to
ensure compliance with the provisions listed in Section 16575.
   (b) The department may assess an annual fee, not to exceed one
hundred fifteen dollars ($115), to cover the reasonable cost of
maintaining the list described in Section 26715, including the cost
of inspections.
   (c) Dealers whose place of business is in a jurisdiction that has
adopted an inspection program to ensure compliance with firearms law
shall be exempt from that portion of the department's fee that
relates to the cost of inspections. The applicant is responsible for
providing evidence to the department that the jurisdiction in which
the business is located has the inspection program.
   26725.  The Department of Justice shall maintain and make
available upon request information concerning all of the following:
   (a) The number of inspections conducted and the amount of fees
collected pursuant to Section 26720.
   (b) A listing of exempted jurisdictions, as defined in Section
26720.
   (c) The number of dealers removed from the centralized list
defined in Section 26715.
   (d) The number of dealers found to have violated a provision
listed in Section 16575 with knowledge or gross negligence.

      Article 2.  Grounds for Forfeiture of License


   26800.  A license under this chapter is subject to forfeiture for
a breach of any of the prohibitions and requirements of this article,
except those stated in the following provisions:
   (a) Subdivision (c) of Section 26890.
   (b) Subdivision (d) of Section 26890.
   (c) Subdivision (b) of Section 26900.
   26805.  (a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license.
   (b) (1) A person licensed pursuant to Sections 26700 and 26705 may
take possession of firearms and commence preparation of registers
for the sale, delivery, or transfer of firearms at any gun show or
event, as defined in Section 478.100 of Title 27 of the Code of
Federal Regulations, or its successor, if the gun show or event is
not conducted from any motorized or towed vehicle. A person
conducting business pursuant to this subdivision shall be entitled to
conduct business as authorized herein at any gun show or event in
the state, without regard to the jurisdiction within this state that
issued the license pursuant to Sections 26700 and 26705, provided the
person complies with all applicable laws, including, but not limited
to, the waiting period specified in subdivision (a) of Section
26815, and all applicable local laws, regulations, and fees, if any.
   (2) A person conducting business pursuant to this subdivision
shall publicly display the person's license issued pursuant to
Sections 26700 and 26705, or a facsimile thereof, at any gun show or
event, as specified in this subdivision.
   (c) (1) A person licensed pursuant to Sections 26700 and 26705 may
engage in the sale and transfer of firearms other than pistols,
revolvers, or other firearms capable of being concealed upon the
person, at events specified in Sections 26955, 27655, 27900, and
27905, subject to the prohibitions and restrictions contained in
those sections.
   (2) A person licensed pursuant to Sections 26700 and 26705 may
also accept delivery of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, outside
the building designated in the license, provided the firearm is being
donated for the purpose of sale or transfer at an auction or similar
event specified in Section 27900.
   (d) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
   (1) The building designated in the license.
   (2) The places specified in subdivision (b) or (c).
   (3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
   26810.  A person's license under this chapter, or a copy thereof
certified by the issuing authority, shall be displayed on the
premises where it can easily be seen.
   26815.  No firearm shall be delivered:
   (a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
   (b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
   (d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
processing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain from the department the
reason for the prohibition.
   26820.  No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
   26825.  A licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Chapter 5
(commencing with Section 28050).
   26830.  A licensee shall comply with all of the following:
   (a) Sections 27500 to 27535, inclusive.
   (b) Section 27555.
   (c) Section 28100.
   (d) Article 2 (commencing with Section 28150) of Chapter 6.
   (e) Article 3 (commencing with Section 28200) of Chapter 6.
   (f) Section 30300.
   26835.  A licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:


   (a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
   (b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
   (c) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
   (d) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
   (e) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
   (f) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."


   26840.  (a) Commencing April 1, 1994, and until January 1, 2003,
no pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
   (b) Commencing January 1, 2003, no dealer may deliver a handgun
unless the person receiving the handgun presents to the dealer a
valid handgun safety certificate. The firearms dealer shall retain a
photocopy of the handgun safety certificate as proof of compliance
with this requirement.
   26845.  (a) Commencing January 1, 2003, no handgun may be
delivered unless the purchaser, transferee, or person being loaned
the firearm presents documentation indicating that the person is a
California resident.
   (b) Satisfactory documentation shall include a utility bill from
within the last three months, a residential lease, a property deed,
or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by the
Department of Justice.
   (c) The firearms dealer shall retain a photocopy of the
documentation as proof of compliance with this requirement.
   26850.  (a) Commencing January 1, 2003, except as authorized by
the department, no firearms dealer may deliver a handgun unless the
recipient performs a safe handling demonstration with that handgun.
   (b) The safe handling demonstration shall commence with the
handgun unloaded and locked with the firearm safety device with which
it is required to be delivered, if applicable. While maintaining
muzzle awareness, that is, the firearm is pointed in a safe
direction, preferably down at the ground, and trigger discipline,
that is, the trigger finger is outside of the trigger guard and along
side of the handgun frame, at all times, the handgun recipient shall
correctly and safely perform the following:
   (1) If the handgun is a semiautomatic pistol, the steps listed in
Section 26853.
   (2) If the handgun is a double-action revolver, the steps listed
in Section 26856.
   (3) If the handgun is a single-action revolver, the steps listed
in Section 26859.
   (c) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
   (d) The firearms dealer shall sign and date an affidavit stating
that the requirements of subdivisions (a) and (b) have been met. The
firearms dealer shall additionally obtain the signature of the
handgun purchaser on the same affidavit. The firearms dealer shall
retain the original affidavit as proof of compliance with this
requirement.
   (e) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
   (f) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
   (g) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (b) of Section 31635.
   (h) The persons who are exempt from the requirements of
subdivision (a) of Section 31615, pursuant to Section 31700, are also
exempt from performing the safe handling demonstration.
   26853.  To comply with Section 26850, a safe handling
demonstration for a semiautomatic pistol shall include all of the
following steps:
   (a) Remove the magazine.
   (b) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
   (c) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
   (d) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
   (e) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
   (f) Insert the magazine into the magazine well of the firearm.
   (g) Manipulate the slide release or pull back and release the
slide.
   (h) Remove the magazine.
   (i) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
   (j) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
   (k) Apply the safety, if applicable.
   (l) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearm safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in
subdivision (b) of Section 32105 or is subject to subdivision (c) of
Section 32105.
   26856.  To comply with Section 26850, a safe handling
demonstration for a double-action revolver shall include all of the
following steps:
   (a) Open the cylinder.
   (b) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
   (c) Remove the firearm safety device. If the firearm safety device
prevents any of the previous steps, remove the firearm safety device
during the appropriate step.
   (d) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
   (e) Close the cylinder.
   (f) Open the cylinder and eject the round.
   (g) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
   (h) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearm safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in
subdivision (b) of Section 32105 or is subject to subdivision (c) of
Section 32105.
   26859.  To comply with Section 26850, a safe handling
demonstration for a single-action revolver shall include all of the
following steps:
   (a) Open the loading gate.
   (b) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
   (c) Remove the firearm safety device required to be sold with the
handgun. If the firearm safety device prevents any of the previous
steps, remove the firearm safety device during the appropriate step.
   (d) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
   (e) Open the loading gate and unload the revolver.
   (f) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
   (g) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearm safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in
subdivision (b) of Section 32105 or is subject to subdivision (c) of
Section 32105.
   26865.  Commencing July 1, 1992, a licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 34205, and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
   26870.  A licensee shall not commit an act of collusion as defined
in Section 27550.
   26875.  A licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
   (a) All charges required by governmental agencies for processing
firearm transfers required by Section 12806, Chapter 5 (commencing
with Section 28050), and Article 3 (commencing with Section 28200) of
Chapter 6.
   (b) All fees that the licensee charges pursuant to Section 12806
and Chapter 5 (commencing with Section 28050).
   26880.  A licensee shall not misstate the amount of fees charged
by a governmental agency pursuant to Section 12806, Chapter 5
(commencing with Section 28050), and Article 3 (commencing with
Section 28200) of Chapter 6.
   26885.  (a) Except as provided in subdivisions (b) and (c) of
Section 26805, all firearms that are in the inventory of a licensee
shall be kept within the licensed location.
   (b) Within 48 hours of discovery, a licensee shall report the loss
or theft of any of the following items to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located:
   (1) Any firearm that is merchandise of the licensee.
   (2) Any firearm that the licensee takes possession of pursuant to
Chapter 5 (commencing with Section 28050).
   (3) Any firearm kept at the licensee's place of business.
   26890.  (a) Except as provided in subdivisions (b) and (c) of
Section 26805, any time when the licensee is not open for business,
all inventory firearms shall be stored in the licensed location. All
firearms shall be secured using one of the following methods as to
each particular firearm:
   (1) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
   (2) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
   (3) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
   (b) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in
subdivision (a).
   (c) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
subdivision (a) if the licensee is unable to comply with those
requirements because of local ordinances, covenants, lease
conditions, or similar circumstances not under the control of the
licensee.
   (d) Subdivision (a) or (b) shall not apply to a licensee organized
as a nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of the Corporations
Code, or as a mutual benefit corporation pursuant to Part 3
(commencing with Section 7110) of Division 2 of the Corporations
Code, if both of the following conditions are satisfied:
   (1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
   (2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.
   26895.  Commencing January 1, 1994, a licensee shall, upon the
issuance or renewal of a license, submit a copy of it to the
Department of Justice.
   26900.  (a) A licensee shall maintain and make available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, a firearm transaction record, as defined in Section
16550.
   (b) A licensee shall be in compliance with the provisions of
subdivision (a) if the licensee maintains and makes available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, the bound book containing the same information
referred to in Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations and the
records referred to in subdivision (a) of Section 478.124 of Title 27
of the Code of Federal Regulations.
   26905.  (a) On the date of receipt, a licensee shall report to the
Department of Justice, in a format prescribed by the department, the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
   (b) The provisions of this section shall not apply to any of the
following transactions:
   (1) A transaction subject to the provisions of Sections 26960 and
27660.
   (2) The dealer acquired the firearm from a wholesaler.
   (3) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
   (4) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
   (5) Until July 1, 2010, the dealer is also licensed as a
secondhand dealer pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, acquires a handgun, and reports its acquisition pursuant to
Section 21628 of the Business and Professions Code.
   (6) Commencing July 1, 2010, the dealer is also licensed as a
secondhand dealer pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, acquires a handgun, and reports its acquisition pursuant to
Section 21628.2 of the Business and Professions Code.
   26910.  A licensee shall forward, in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102(c) of Title 27 of the Code of Federal Regulations.
   26915.  (a) A firearms dealer may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the Department of Justice pursuant to
Section 26710. On the application for the certificate, the agent or
employee shall provide the name and California firearms dealer number
of the firearms dealer with whom the person is employed.
   (b) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
   (c) If the local jurisdiction requires a background check of the
agents or employees of a firearms dealer, the agent or employee shall
obtain a certificate of eligibility pursuant to subdivision (a).
   (d) (1) Nothing in this section shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105. The local jurisdiction may not charge a
fee for the additional criminal history check.
   (2) Nothing in this section shall be construed to preclude a local
jurisdiction from prohibiting employment based on criminal history
that does not appear as part of obtaining a certificate of
eligibility.
   (e) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9 of this title, or Section 8100 or 8103 of the Welfare and
Institutions Code, from coming into contact with any firearm that is
not secured and from accessing any key, combination, code, or other
means to open any of the locking devices described in subdivision
(g).
   (f) Nothing in this section shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
   (g) For purposes of this article, "secured" means a firearm that
is made inoperable in one or more of the following ways:
   (1) The firearm is inoperable because it is secured by a firearm
safety device listed on the department's roster of approved firearm
safety devices pursuant to subdivision (d) of Section 23655.
   (2) The firearm is stored in a locked gun safe or long-gun safe
that meets the standards for department-approved gun safes set forth
in Section 23650.
   (3) The firearm is stored in a distinct locked room or area in the
building that is used to store firearms, which can only be unlocked
by a key, a combination, or similar means.
   (4) The firearm is secured with a hardened steel rod or cable that
is at least one-eighth of an inch in diameter through the trigger
guard of the firearm. The steel rod or cable shall be secured with a
hardened steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.

      Article 3.  Exceptions Extending Only to Waiting Period


   26950.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of firearms made to any
person who satisfies both of the following requirements:
   (1) The person is properly identified as a full-time paid peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2.
   (2) The officer's employer has authorized the officer to carry
firearms while in the performance of duties.
   (b) (1) Proper identification is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the purchaser or transferee as a
peace officer who is authorized to carry firearms while in the
performance of duties, and authorizing the purchase or transfer.
   (2) The certification shall be delivered to the dealer at the time
of purchase or transfer and the purchaser or transferee shall
identify himself or herself as the person authorized in the
certification.
   (3) The dealer shall keep the certification with the record of
sale.
   (4) On the date that the sale, delivery, or transfer is made, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the transaction as is
indicated in Section 28160 or 28165.
   26955.  (a) The waiting period described in Section 26815 does not
apply to a dealer who delivers a firearm, other than a handgun, at
an auction or similar event described in Section 27900, as authorized
by subdivision (c) of Section 26805.
   (b) Within two business days of completion of the application to
purchase, the dealer shall forward by prepaid mail to the Department
of Justice a report of the application as is indicated in Section
28165.
   (c) If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the application as is indicated in Section 28165.
   26960.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of a handgun by a dealer in
either of the following situations:
   (1) The dealer is delivering the firearm to another dealer, the
firearm is not intended as merchandise in the receiving dealer's
business, and the requirements of subdivisions (b) and (c) are
satisfied.
   (2) The dealer is delivering the firearm to himself or herself,
the firearm is not intended as merchandise in the dealer's business,
and the requirements of subdivision (c) are satisfied.
   (b) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that the receiving dealer is licensed pursuant
to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800). This shall be done by complying with
Section 27555.
   (c) (1) Regardless of whether the dealer is selling, delivering,
or transferring the firearm to another dealer or to himself or
herself, on the date that the application to purchase is completed,
the dealer delivering the firearm shall forward by prepaid mail to
the Department of Justice a report of the application and the type of
information concerning the purchaser or transferee as is indicated
in Section 28160.
   (2) Where electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the application and the type of
information concerning the purchaser or transferee as is indicated in
Section 28160.
   26965.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of a firearm to the holder
of a special weapons permit issued by the Department of Justice
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
Division 10 of this title.
   (b) On the date that the application to purchase is completed, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the application as is
indicated in Section 28160 or 28165.
   26970.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, loan, or transfer of a firearm if all
of the following conditions are satisfied:
   (1) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations, or its successor.
   (2) The sale, delivery, loan, or transfer is made by a dealer.
   (3) The sale, delivery, loan, or transfer is made to a person who
is licensed as a collector pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (4) The licensed collector has a current certificate of
eligibility issued by the Department of Justice pursuant to Section
26710.
   (b) On the date that the sale, delivery, or transfer is made, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the transaction as is
indicated in Section 28160 or 28165.

      Article 4.  Exceptions Extending Only to Grounds for Forfeiture
of License


   27000.  (a) Article 2 (commencing with Section 26800) does not
apply to the loan of a firearm if all of the following conditions are
satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a dealer.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
   27005.  (a) Article 2 (commencing with Section 26800) does not
apply to the loan of an unloaded firearm to a consultant-evaluator by
a person licensed pursuant to Sections 26700 to 26915, inclusive, if
the loan does not exceed 45 days from the date of delivery.
   (b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
   (1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
   (2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
   (3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
   (4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.

      Article 5.  Exceptions Relating to Law Enforcement


   27050.  (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to any sale, delivery,
or transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information
  via this system.
   27055.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the loan of a firearm
if all of the following conditions are satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   27060.  (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a peace
officer pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   27065.  (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.

      Article 6.  Other Exceptions


   27100.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   27105.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the delivery of a
firearm to a gunsmith for service or repair, or to the return of the
firearm to its owner by the gunsmith, or to the delivery of a firearm
by a gunsmith to a person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
for service or repair and the return of the firearm to the gunsmith.
   27110.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of firearms if all of the following conditions are
satisfied:
   (a) The firearms are unloaded.
   (b) The firearms are not handguns.
   (c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
   27115.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of unloaded firearms by a dealer to a person who resides
outside this state and is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   27120.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of unloaded firearms to a wholesaler if the firearms are
being returned to the wholesaler and are intended as merchandise in
the wholesaler's business.
   27125.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of firearms if all of the following conditions are
satisfied:
   (a) The firearms are unloaded.
   (b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
   (c) The firearms are intended as merchandise in the receiving
dealer's business.
   27130.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of an unloaded firearm, other than a handgun, by a dealer
to himself or herself.
   27135.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the loan of an
unloaded firearm by a dealer who also operates a target facility that
holds a business or regulatory license on the premises of the
building designated in the license or whose building designated in
the license is on the premises of any club or organization organized
for the purposes of practicing shooting at targets upon established
ranges, whether public or private, to a person at that target
facility or that club or organization, if the firearm is at all times
kept within the premises of the target range or on the premises of
the club or organization.
   27140.  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm regulated pursuant to any of the following
statutes, if the sale, delivery, or transfer of that firearm is
conducted in accordance with the applicable provisions of the
statute:
   (a) Chapter 1 (commencing with Section 18710) of Division 5 of
Title 2, relating to destructive devices and explosives.
   (b) Section 24410, relating to cane guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to cane guns.
   (c) Section 24510, relating to firearms that are not immediately
recognizable as firearms, and the exemptions in Chapter 1 (commencing
with Section 17700) of Title 2, as they relate to firearms that are
not immediately recognizable as firearms.
   (d) Sections 24610 and 24680, relating to undetectable firearms,
and the exemptions in Chapter 1 (commencing with Section 17700) of
Title 2, as they relate to undetectable firearms.
   (e) Section 24710, relating to wallet guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to wallet guns.
   (f) Chapter 2 (commencing with Section 30500) of Division 10,
relating to assault weapons.
   (g) Section 31500, relating to unconventional pistols, and the
exemptions in Chapter 1 (commencing with Section 17700) of Title 2,
as they relate to unconventional pistols.
   (h) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns, and the exemptions in Chapter 1
(commencing with Section 17700) of Title 2, as they relate to
short-barreled rifles and short-barreled shotguns.
   (i) Chapter 6 (commencing with Section 32610) of Division 10,
relating to machineguns.
   (j) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to zip guns.
      CHAPTER 3.  GUN SHOW OR EVENT



      Article 1.  Gun Show or Event


   27200.  (a) No person shall produce, promote, sponsor, operate, or
otherwise organize a gun show or event, as specified in subdivision
(b) of Section 26805, unless that person possesses a valid
certificate of eligibility from the Department of Justice.
   (b) Unless the department's records indicate that the applicant is
a person prohibited from possessing firearms, a certificate of
eligibility shall be issued by the Department of Justice to an
applicant provided the applicant does all of the following:
   (1) Certifies that the applicant is familiar with the provisions
of this article and Article 2 (commencing with Section 27300).
   (2) Ensures that liability insurance is in effect for the duration
of an event or show in an amount of not less than one million
dollars ($1,000,000).
   (3) Provides an annual list of the gun shows or events that the
applicant plans to promote, produce, sponsor, operate, or otherwise
organize during the year for which the certificate of eligibility is
issued, including the date, time, and location of the gun shows or
events.
   (c) If during that year the information required by paragraph (3)
of subdivision (b) changes, or additional gun shows or events will be
promoted, produced, sponsored, operated, or otherwise organized by
the applicant, the producer shall notify the Department of Justice no
later than 30 days prior to the gun show or event.
   (d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section.

   (e) The Department of Justice shall recover the full costs of
administering the certificate of eligibility program by fees assessed
applicants who apply for certificates. A licensed gun show producer
shall be assessed an annual fee of eighty-five dollars ($85) by the
department.
   (f) It is the intent of the Legislature that the certificate of
eligibility program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 26710 to the maximum extent practicable.
   27205.  (a) Before commencement of a gun show or event, the
producer thereof shall, upon written request from a law enforcement
agency with jurisdiction over the facility, make available to that
agency, within 48 hours or a later time specified by the agency, a
complete and accurate list of all persons, entities, and
organizations that have leased or rented, or are known to the
producer to intend to lease or rent, any table, display space, or
area at the gun show or event for the purpose of selling, leasing, or
transferring firearms.
   (b) The producer shall thereafter, upon written request, for every
day the gun show or event operates, within 24 hours or a later time
specified by the requesting law enforcement agency, make available to
that agency an accurate, complete, and current list of the persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
   (c) Subdivisions (a) and (b) apply to any person, entity, or
organization, regardless of whether that person, entity, or
organization participates in the entire gun show or event, or only a
portion thereof.
   (d) The information that may be requested by the law enforcement
agency with jurisdiction over the facility, and that shall be
provided by the producer upon request, may include, but is not
limited to, the following information relative to a vendor who offers
for sale firearms manufactured after December 31, 1898:
   (1) The vendor's complete name.
   (2) A driver's license or identification card number.
   27210.  (a) The producer and facility manager of a gun show or
event shall prepare an annual event and security plan and schedule
that shall include, at a minimum, the following information for each
show or event:
   (1) The type of show or event including, but not limited to,
antique or general firearms.
   (2) The estimated number of vendors offering firearms for sale or
display.
   (3) The estimated number of attendees.
   (4) The number of entrances and exits at the gun show or event
site.
   (5) The location, dates, and times of the show or event.
   (6) The contact person and telephone number for both the producer
and the facility.
   (7) The number of sworn peace officers employed by the producer or
the facilities manager who will be present at the show or event.
   (8) The number of nonsworn security personnel employed by the
producer or the facility's manager who will be present at the show or
event.
   (b) The annual event and security plan shall be submitted by
either the producer or the facility's manager to the Department of
Justice and the law enforcement agency with jurisdiction over the
facility.
   (c) If significant changes have been made since the annual plan
was submitted, the producer shall, not later than 15 days before
commencement of the gun show or event, submit to the department, the
law enforcement agency with jurisdiction over the facility site, and
the facility's manager, a revised event and security plan, including
a revised list of vendors that the producer knows, or reasonably
should know, will be renting tables, space, or otherwise
participating in the gun show or event.
   (d) The event and security plan shall be approved by the facility'
s manager before the event or show, after consultation with the law
enforcement agency with jurisdiction over the facility.
   (e) No gun show or event shall commence unless the requirements of
subdivisions (b), (c), and (d) are met.
   27215.  The producer of a gun show or event shall be responsible
for informing prospective gun show vendors of the requirements of
this article and of Article 2 (commencing with Section 27300) that
apply to vendors.
   27220.  (a) Within seven calendar days of the commencement of a
gun show or event, but not later than noon on Friday for a show or
event held on a weekend, the producer shall submit a list of all
prospective vendors and designated firearms transfer agents who are
licensed firearms dealers to the Department of Justice for the
purpose of determining whether these prospective vendors and
designated firearms transfer agents possess valid licenses and are
thus eligible to participate as licensed dealers at the show or
event.
   (b) The department shall examine its records and if it determines
that a dealer's license is not valid, it shall notify the show or
event producer of that fact before the show or event commences.
   27225.  If a licensed firearms dealer fails to cooperate with a
producer of a gun show or event, or fails to comply with the
applicable requirements of this article or Article 2 (commencing with
Section 27300), that person shall not be allowed to participate in
that show or event.
   27230.  If a producer fails to comply with Section 27215 or 27220,
the gun show or event shall not commence until those requirements
are met.
   27235.  Every producer of a gun show or event shall have a written
contract with each gun show vendor selling firearms at the show or
event.
   27240.  (a) The producer of a gun show or event shall require that
signs be posted in a readily visible location at each public
entrance to the show containing, but not limited to, the following
notices:
   (1) This gun show follows all federal, state, and local firearms
and weapons laws, without exception.
   (2) Any firearm carried onto the premises by any member of the
public will be checked, cleared of any ammunition, and secured in a
manner that prevents it from being operated, and an identification
tag or sticker will be attached to the firearm before the person is
allowed admittance to the show.
   (3) No member of the public under the age of 18 years shall be
admitted to the show unless accompanied by a parent, grandparent, or
legal guardian.
   (4) All firearms transfers between private parties at the show
shall be conducted through a licensed dealer in accordance with
applicable state and federal laws.
   (5) Persons possessing firearms at this facility must have in
their immediate possession government-issued photo identification,
and display it upon request to any security officer or any peace
officer, as defined in Section 830.
   (b) The show producer shall post, in a readily visible location at
each entrance to the parking lot at the show, signage that states:
"The transfer of firearms on the parking lot of this facility is a
crime."
   27245.  (a) A willful failure by a gun show producer to comply
with any of the requirements of this article, except for the posting
of required signs, shall be a misdemeanor punishable by a fine not to
exceed two thousand dollars ($2,000), and shall render the producer
ineligible for a gun show producer license for one year from the date
of the conviction.
   (b) A willful failure of a gun show producer to post signs as
required by this article shall be a misdemeanor punishable by a fine
not to exceed one thousand dollars ($1,000) for the first offense and
not to exceed two thousand dollars ($2,000) for the second or
subsequent offense, and with respect to the second or subsequent
offense, shall render the producer ineligible for a gun show producer
license for one year from the date of the conviction.
   (c) Multiple violations charged pursuant to subdivision (a)
arising from more than one gun show or event shall be grounds for
suspension of a producer's certificate of eligibility pending
adjudication of the violations.

      Article 2.  Gun Show Enforcement and Security Act of 2000


   27300.  This article shall be known, and may be cited as, the Gun
Show Enforcement and Security Act of 2000.
   27305.  All gun show or event vendors shall certify in writing to
the producer that they:
   (a) Will not display, possess, or offer for sale any firearms,
knives, or weapons for which possession or sale is prohibited.
   (b) Acknowledge that they are responsible for knowing and
complying with all applicable federal, state, and local laws dealing
with the possession and transfer of firearms.
   (c) Will not engage in activities that incite or encourage hate
crimes.
   (d) Will process all transfers of firearms through licensed
firearms dealers as required by state law.
   (e) Will verify that all firearms in their possession at the show
or event will be unloaded, and that the firearms will be secured in a
manner that prevents them from being operated except for brief
periods when the mechanical condition of a firearm is being
demonstrated to a prospective buyer.
   (f) Have complied with the requirements of Section 27320.
   (g) Will not display or possess black powder, or offer it for
sale.
   27310.  All firearms transfers at a gun show or event shall be in
accordance with applicable state and federal laws.
   27315.  Except for purposes of showing ammunition to a prospective
buyer, ammunition at a gun show or event may be displayed only in
closed original factory boxes or other closed containers.
   27320.  (a) Before commencement of a gun show or event, each
vendor who will offer for sale firearms manufactured after December
31, 1898, shall provide to the producer all of the following
information relative to the vendor, the vendor's employees, and other
persons, compensated or not, who will be working or otherwise
providing services to the public at the vendor's display space:
   (1) The person's complete name.
   (2) The person's driver's license or state-issued identification
card number.
   (3) The person's date of birth.
   (b) The producer shall keep the information at the onsite
headquarters of the show or event for the duration of the show or
event, and at the producer's regular place of business for two weeks
after the conclusion of the show or event. The producer shall make
the information available upon request to any sworn peace officer for
purposes of the officer's official law enforcement duties.
   27325.  At any gun show or event, each vendor and each employee of
a vendor shall wear a name tag indicating first and last name.
   27330.  No person at a gun show or event, other than security
personnel or sworn peace officers, shall possess at the same time
both a firearm and ammunition that is designed to be fired in the
firearm. Vendors having those items at the show for sale or
exhibition are exempt from this prohibition.
   27335.  No member of the public who is under the age of 18 years
shall be admitted to, or be permitted to remain at, a gun show or
event unless accompanied by a parent or legal guardian. Any member of
the public who is under the age of 18 years shall be accompanied by
that person's parent, grandparent, or legal guardian while at the
show or event.
   27340.  (a) Persons other than show or event security personnel,
sworn peace officers, or vendors, who bring firearms onto the gun
show or event premises shall sign in ink the tag or sticker that is
attached to the firearm prior to being allowed admittance to the show
or event, as provided for in subdivision (b).
   (b) All firearms carried onto the premises of a gun show or event
by members of the public shall be checked, cleared of any ammunition,
secured in a manner that prevents them from being operated, and an
identification tag or sticker shall be attached to the firearm, prior
to the person being allowed admittance to the show. The
identification tag or sticker shall state that all firearms transfers
between private parties at the show or event shall be conducted
through a licensed dealer in accordance with applicable state and
federal laws. The person possessing the firearm shall complete the
following information on the tag before it is attached to the
firearm:
   (1) The gun owner's signature.
   (2) The gun owner's printed name.
   (3) The identification number from the gun owner's
government-issued photo identification.
   27345.  Any person who possesses a firearm at a gun show or event
shall have government-issued photo identification in immediate
possession, and shall display it upon request to any security officer
or peace officer.
   27350.  (a) Unless otherwise specified, a first violation of this
article is an infraction.
   (b) Any second or subsequent violation of this article is a
misdemeanor.
   (c) Any person who commits an act the person knows to be a
violation of this article is guilty of a misdemeanor for a first
offense.

      Article 3.  Exceptions Relating to Law Enforcement


   27400.  (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to any sale, delivery,
or transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   27405.  Article 1 (commencing with Section 27200) and Article 2
(commencing with Section 27300) do not apply to the loan of a firearm
if all of the following conditions are satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   27410.  (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a peace
officer pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   27415.  (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
      CHAPTER 4.  CRIMES RELATING TO SALE, LEASE, OR TRANSFER OF
FIREARMS



      Article 1.  Crimes Relating to Sale, Lease, or Transfer of
Firearms


   27500.  (a) No person, corporation, or firm shall knowingly sell,
supply, deliver, or give possession or control of a firearm to any
person within any of the classes prohibited by Chapter 2 (commencing
with Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9.

(b) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm to anyone whom the person,
corporation, or dealer has cause to believe is within any of the
classes prohibited by Chapter 2 (commencing with Section 29800) or
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, or Section 8100 or 8103 of the Welfare and Institutions Code.
   27505.  (a) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.
   (b) Subdivision (a) shall not apply to or affect the following
circumstances:
   (1) The sale of a handgun, if the handgun is an antique firearm
and the sale is to a person at least 18 years of age.
   (2) The transfer or loan of a firearm, other than a handgun, to a
minor by the minor's parent or legal guardian.
   (3) The transfer or loan of a firearm, other than a handgun, to a
minor by a grandparent who is not the legal guardian of the minor, if
the transfer is done with the express permission of the minor's
parent or legal guardian.
   (4) The loan of a firearm, other than a handgun, to a minor, with
the express permission of the minor's parent or legal guardian, if
the loan does not exceed 30 days in duration and is for a lawful
purpose.
   (5) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
   (A) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (B) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (6) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
   (A) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
   (B) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (C) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (D) The duration of the loan does not, in any event, exceed 10
days.
   27510.  No person licensed under Sections 26700 to 26915,
inclusive, shall sell, supply, deliver, or give possession or control
of a handgun to any person under the age of 21 years, or any other
firearm to a person under the age of 18 years.
   27515.  No person, corporation, or dealer shall sell, loan, or
transfer a firearm to anyone whom the person, corporation, or dealer
knows or has cause to believe is not the actual purchaser or
transferee of the firearm, or to anyone who is not the one actually
being loaned the firearm, if the person, corporation, or dealer has
either of the following:
   (a) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the provisions of Section 27540 or 27545.
   (b) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the requirements of any exemption to the
provisions of Section 27540 or 27545.
   27520.  No person, corporation, or dealer shall acquire a firearm
for the purpose of selling, loaning, or transferring the firearm, if
the person, corporation, or dealer has either of the following:
   (a) In the case of a dealer, intent to violate Section 27510 or
27540.
   (b) In any other case, intent to avoid either of the following:
   (1) The provisions of Section 27545.
   (2) The requirements of any exemption to the provisions of Section
27545.
   27525.  (a) A dealer shall comply with Section 26905.
   (b) A dealer shall comply with Section 26910.
   27530.  No person shall sell or otherwise transfer ownership in a
handgun unless the firearm bears either:
   (a) The name of the manufacturer, the manufacturer's make or
model, and a manufacturer's serial number assigned to that firearm.
   (b) The identification number or mark assigned to the firearm by
the Department of Justice pursuant to Section 23910.
   27535.  (a) No person shall make an application to purchase more
than one handgun within any 30-day period.
   (b) Subdivision (a) shall not apply to any of the following:
   (1) Any law enforcement agency.
   (2) Any agency duly authorized to perform law enforcement duties.
   (3) Any state or local correctional facility.
   (4) Any private security company licensed to do business in
California.
   (5) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of employment as a peace
officer.
   (6) Any motion picture, television, or video production company or
entertainment or theatrical company whose production by its nature
involves the use of a firearm.
   (7) Any person who may, pursuant to Article 2 (commencing with
Section 27600), Article 3 (commencing with Section 27650), or Article
4 (commencing with Section 27700), claim an exemption from the
waiting period set forth in Section 27540.
   (8) Any transaction conducted through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050).
   (9) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, and has a current
certificate of eligibility issued by the Department of Justice
pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
   (10) The exchange of a handgun where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
   (11) The replacement of a handgun when the person's handgun was
lost or stolen, and the person reported that firearm lost or stolen
prior to the completion of the application to purchase to any local
law enforcement agency of the city, county, or city and county in
which the person resides.
   (12) The return of any handgun to its owner.
   (13) A community college that is certified by the Commission on
Peace Officer Standards and Training to present the law enforcement
academy basic course or other commission-certified law enforcement
training.
   27540.  No dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall deliver a firearm to a person,
as follows:
   (a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
   (b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
   (d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (e) (1) Commencing April 1, 1994, and until January 1, 2003, no
handgun shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
   (2) Commencing January 1, 2003, no handgun shall be delivered
unless the purchaser, transferee, or person being loaned the handgun
presents a handgun safety certificate to the dealer.
   (f) No handgun shall be delivered whenever the dealer is notified
by the Department of Justice that within the preceding 30-day period
the purchaser has made another application to purchase a handgun and
that the previous application to purchase involved none of the
entities specified in subdivision (b) of Section 27535.
   27545.  Where neither party to the transaction holds a dealer's
license issued pursuant to Sections 26700 to 26915, inclusive, the
parties to the transaction shall complete the sale, loan, or transfer
of that firearm through a licensed firearms dealer pursuant to
Chapter 5 (commencing with Section 28050).
   27550.  (a) No person may commit an act of collusion relating to
Sections 31610 to 31700, inclusive.
   (b) For purposes of this section and Section 26870, collusion may
be proven by any one of the following factors:
   (1) Answering a test applicant's questions during an objective
test relating to firearms safety.
   (2) Knowingly grading the examination falsely.
   (3) Providing an advance copy of the test to an applicant.
   (4) Taking or allowing another person to take the basic firearms
safety course for one who is the applicant for a basic firearms
safety certificate or a handgun safety certificate.
   (5) Allowing another to take the objective test for the applicant,
purchaser, or transferee.
   (6) Using or allowing another to use one's identification, proof
of residency, or thumbprint.
   (7) Allowing others to give unauthorized assistance during the
examination.
   (8) Reference to unauthorized materials during the examination and
cheating by the applicant.
   (9) Providing originals or photocopies of the objective test, or
any version thereof, to any person other than as authorized by the
department.
   27555.  (a) (1) Commencing July 1, 2008, a person who is licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code may not sell, deliver, or transfer a firearm
to a person in California who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
unless, prior to delivery, the person intending to sell, deliver, or
transfer the firearm obtains a verification number via the Internet
for the intended sale, delivery, or transfer, from the Department of
Justice.
   (2) If Internet service is unavailable to either the department or
the licensee due to a technical or other malfunction, or a federal
firearms licensee who is located outside of California does not
possess a computer or have Internet access, alternate means of
communication, including facsimile or telephone, shall be made
available for a licensee to obtain a verification number in order to
comply with this section.
   (b) For every verification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
Section 26715, or the centralized list of exempted federal firearms
licensees pursuant to Section 28450, or the centralized list of
firearms manufacturers pursuant to Section 29060.
   (c) (1) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is authorized to receive
the firearm shipment, the department shall issue to the inquiring
party, a unique verification number for the intended sale, delivery,
or transfer. One verification number shall be issued for each sale,
delivery, or transfer, which may involve multiple firearms.
   (2) In addition to the unique verification number, the department
may provide to the inquiring party information necessary for
determining the eligibility of the intended recipient to receive the
firearm.
   (3) The person intending to sell, deliver, or transfer the firearm
shall provide the unique verification number to the recipient along
with the firearm upon delivery, in a manner to be determined by the
department.
   (d) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is not authorized to
receive the firearm shipment, the department shall notify the
inquiring party that the intended recipient is ineligible to receive
the shipment.
   (e) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, or by
alternate means of communication, such as by facsimile or telephone,
including all required enrollment information and procedures.
   27560.  (a) On or after January 1, 1998, within 60 days of
bringing a handgun into this state, a personal handgun importer shall
do one of the following:
   (1) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
   (2) Sell or transfer the firearm in accordance with the provisions
of Section 27545 or in accordance with the provisions of an
exemption from Section 27545.
   (3) Sell or transfer the firearm to a dealer licensed pursuant to
Sections 26700 to 26915, inclusive.
   (4) Sell or transfer the firearm to a sheriff or police
department.
   (b) If all of the following requirements are satisfied, the
personal handgun importer shall have complied with the provisions of
this section:
   (1) The personal handgun importer sells or transfers the handgun
pursuant to Section 27545.
   (2) The sale or transfer cannot be completed by the dealer to the
purchaser or transferee.
   (3) The firearm can be returned to the personal handgun importer.
   (c) (1) The provisions of this section are cumulative and shall
not be construed as restricting the application of any other law.
   (2) However, an act or omission punishable in different ways by
this article and different provisions of the Penal Code shall not be
punished under more than one provision.
   (d) On and after January 1, 1998, the department shall conduct a
public education and notification program regarding this section to
ensure a high degree of publicity of the provisions of this section.
   (e) As part of the public education and notification program
described in this section, the department shall do all of the
following:
   (1) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this section is advised of
the provisions of this section, and provided with blank copies of the
report described in paragraph (1) of subdivision (a), at the time
when that person applies for a California driver's license or
registers a motor vehicle in accordance with the Vehicle Code.
   (2) Make the reports referred to in paragraph (1) of subdivision
(a) available to dealers licensed pursuant to Sections 26700 to
26915, inclusive.
   (3) Make the reports referred to in paragraph (1) of subdivision
(a) available to law enforcement agencies.
   (4) Make persons subject to the provisions of this section aware
of all of the following:
   (A) The report referred to in paragraph (1) of subdivision (a) may
be completed at either a law enforcement agency or the licensed
premises of a dealer licensed pursuant to Sections 26700 to 26915,
inclusive.
   (B) It is advisable to do so for the sake of accuracy and
completeness of the report.
   (C) Before transporting a handgun to a law enforcement agency to
comply with subdivision (a), the person should give notice to the law
enforcement agency that the person is doing so.
   (D) In any event, the handgun should be transported unloaded and
in a locked container.
   (f) Any costs incurred by the department to implement this section
shall be absorbed by the department within its existing budget and
the fees in the Dealers' Record of Sale Special Account allocated for
implementation of subdivisions (d) and (e) of this section pursuant
to Section 28235.
   27565.  (a) This section applies in the following circumstances:
   (1) A person is licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (2) The licensed premises of that person are within this state.
   (3) The licensed collector acquires, outside of this state, a
handgun.
   (4) The licensed collector takes actual possession of that firearm
outside of this state pursuant to the provisions of subsection (j)
of Section 923 of Title 18 of the United States Code, as amended by
Public Law 104-208, and transports the firearm into this state.
   (5) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations.
   (b) Within five days of transporting a firearm into this state
under the circumstances described in subdivision (a), the licensed
collector shall report the acquisition of that firearm to the
department in a format prescribed by the department.
   27570.  (a) It is the intent of the Legislature that a violation
of Section 27560 or 27565 shall not constitute a "continuing offense"
and the statute of limitations for commencing a prosecution for a
violation of Section 27560 or 27565 commences on the date that the
applicable grace period specified in Section 27560 or 27565 expires.
   (b) Sections 27560 and 27565 shall not apply to a person who
reports ownership of a handgun after the applicable grace period
specified in Section 27560 or 27565 expires if evidence of that
violation arises only as the result of the person submitting the
report described in Section 27560 or 27565.
   27590.  (a) Except as provided in subdivision (b), (c), or (e), a
violation of this article is a misdemeanor.
   (b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment in the state prison for
two, three, or four years.
   (1) If the violation is of subdivision (a) of Section 27500.
   (2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, of this article or former
Section 12100 of this code, as that section read at any time from
when it was enacted by Section 3 of Chapter 1386 of the Statutes of
1988 to when it was repealed by Section 18 of Chapter 23 of the
Statutes of 1994, or Section 8101 of the Welfare and Institutions
Code.
   (3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.

   (4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of this title, or Section 8100 or 8103
of the Welfare and Institutions Code.
   (5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
   (6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.

   (c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.
   (2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
   (3) A violation of Section 27510 involving the delivery of a
handgun.
   (4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a pistol, revolver, or other firearm capable
of being concealed upon the person.
   (5) A violation of Section 27545 involving a handgun.
   (6) A violation of Section 27550.
   (d) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
   (1) A violation of Section 27510 or subdivision (b) of Section
27500.
   (2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
   (e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
   (2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
   (3) A third or subsequent violation of Section 27535 is a
misdemeanor.
   (4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.

      Article 2.  Exceptions Relating to Law Enforcement


   27600.  (a) Article 1 (commencing with Section 27500) does not
apply to any sale, delivery, or transfer of firearms made to an
authorized law enforcement representative of any city, county, city
and county, or state, or of the federal government, for exclusive use
by that governmental agency if, prior to the sale, delivery, or
transfer of these firearms, written authorization from the head of
the agency authorizing the transaction is presented to the person
from whom the purchase, delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   27605.  Article 1 (commencing with Section 27500) does not apply
to the loan of a firearm if all of the following conditions are
satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   27610.  (a) Article 1 (commencing with Section 27500) does not
apply to the sale, delivery, or transfer of a firearm by a law
enforcement agency to a peace officer pursuant to Section 10334 of
the Public Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   27615.  (a) Article 1 (commencing with Section 27500) does not
apply to the sale, delivery, or transfer of a firearm by a law
enforcement agency to a retiring peace officer who is authorized to
carry a firearm pursuant to Chapter 5 (commencing with Section 26300)
of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.

      Article 3.  Exceptions Extending Only to Waiting Period


   27650.  (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of firearms made to any
person who satisfies both of the following requirements:
   (1) The person is properly identified as a full-time paid peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2.
   (2) The officer's employer has authorized the officer to carry
firearms while in the performance of duties.
   (b) (1) Proper identification is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the purchaser or transferee as a
peace officer who is authorized to carry firearms while in the
performance of duties, and authorizing the purchase or transfer.
   (2) The certification shall be delivered to the dealer at the time
of purchase or transfer and the purchaser or transferee shall
identify himself or herself as the person authorized in the
certification.
   (3) The dealer shall keep the certification with the record of
sale.
   (4) On the date that the sale, delivery, or transfer is made, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the transaction as is
indicated in Section 28160 or 28165.
              27655.  (a) The waiting period described in Section
27540 does not apply to a dealer who delivers a firearm, other than a
handgun, at an auction or similar event described in Section 27900,
as authorized by subdivision (c) of Section 26805.
   (b) Within two business days of completion of the application to
purchase, the dealer shall forward by prepaid mail to the Department
of Justice a report of the application as is indicated in Section
28165.
   (c) If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the application as is indicated in Section 28165.
   27660.  (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of a handgun by a dealer in
either of the following situations:
   (1) The dealer is delivering the firearm to another dealer, the
firearm is not intended as merchandise in the receiving dealer's
business, and the requirements of subdivisions (b) and (c) are
satisfied.
   (2) The dealer is delivering the firearm to himself or herself,
the firearm is not intended as merchandise in the dealer's business,
and the requirements of subdivision (c) are satisfied.
   (b) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that the receiving dealer is licensed pursuant
to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800). This shall be done by complying with
Section 27555.
   (c) (1) Regardless of whether the dealer is selling, delivering,
or transferring the firearm to another dealer or to himself or
herself, on the date that the application to purchase is completed,
the dealer delivering the firearm shall forward by prepaid mail to
the Department of Justice a report of the application and the type of
information concerning the purchaser or transferee as is indicated
in Section 28160.
   (2) Where electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the application and the type of
information concerning the purchaser or transferee as is indicated in
Section 28160.
   27665.  (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of a firearm to the holder
of a special weapons permit issued by the Department of Justice
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
Division 10 of this title.
   (b) On the date that the application to purchase is completed, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the application as is
indicated in Section 28160 or 28165.
   27670.  (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, loan, or transfer of a firearm if all
of the following conditions are satisfied:
   (1) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations, or its successor.
   (2) The sale, delivery, loan, or transfer is made by a dealer.
   (3) The sale, delivery, loan, or transfer is made to a person who
is licensed as a collector pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (4) The licensed collector has a current certificate of
eligibility issued by the Department of Justice pursuant to Section
26710.
   (b) On the date that the sale, delivery, or transfer is made, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the transaction as is
indicated in Section 28160 or 28165.

      Article 4.  Exceptions to Restrictions on Delivery of a Firearm



   27700.  Section 27540 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   27705.  Section 27540 does not apply to the delivery of a firearm
to a gunsmith for service or repair, or to the return of the firearm
to its owner by the gunsmith, or to the delivery of a firearm by a
gunsmith to a person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code for service or
repair and the return of the firearm to the gunsmith.
   27710.  Section 27540 does not apply to the sale, delivery, or
transfer of firearms if all of the following conditions are
satisfied:
   (a) The firearms are unloaded.
   (b) The firearms are not handguns.
   (c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
   27715.  Section 27540 does not apply to the sale, delivery, or
transfer of unloaded firearms by a dealer to a person who resides
outside this state and is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   27720.  Section 27540 does not apply to the sale, delivery, or
transfer of unloaded firearms to a wholesaler if the firearms are
being returned to the wholesaler and are intended as merchandise in
the wholesaler's business.
   27725.  Section 27540 does not apply to the sale, delivery, or
transfer of firearms if all of the following conditions are
satisfied:
   (a) The firearms are unloaded.
   (b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
   (c) The firearms are intended as merchandise in the receiving
dealer's business.
   27730.  Section 27540 does not apply to the sale, delivery, or
transfer of an unloaded firearm, other than a handgun, by a dealer to
himself or herself.
   27735.  Section 27540 does not apply to the loan of an unloaded
firearm by a dealer who also operates a target facility that holds a
business or regulatory license on the premises of the building
designated in the license or whose building designated in the license
is on the premises of any club or organization organized for the
purposes of practicing shooting at targets upon established ranges,
whether public or private, to a person at that target facility or
that club or organization, if the firearm is at all times kept within
the premises of the target range or on the premises of the club or
organization.
   27740.  Section 27540 does not apply to the sale, delivery, or
transfer of a firearm regulated pursuant to any of the following
statutes, if the sale, delivery, or transfer of that firearm is
conducted in accordance with the applicable provisions of the
statute:
   (a) Chapter 1 (commencing with Section 18710) of Division 5 of
Title 2, relating to destructive devices and explosives.
   (b) Section 24410, relating to cane guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to cane guns.
   (c) Section 24510, relating to firearms that are not immediately
recognizable as firearms, and the exemptions in Chapter 1 (commencing
with Section 17700) of Title 2, as they relate to firearms that are
not immediately recognizable as firearms.
   (d) Sections 24610 and 24680, relating to undetectable firearms,
and the exemptions in Chapter 1 (commencing with Section 17700) of
Title 2, as they relate to undetectable firearms.
   (e) Section 24710, relating to wallet guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to wallet guns.
   (f) Chapter 2 (commencing with Section 30500) of Division 10,
relating to assault weapons.
   (g) Section 31500, relating to unconventional pistols, and the
exemptions in Chapter 1 (commencing with Section 17700) of Title 2,
as they relate to unconventional pistols.
   (h) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns, and the exemptions in Chapter 1
(commencing with Section 17700) of Title 2, as they relate to
short-barreled rifles and short-barreled shotguns.
   (i) Chapter 6 (commencing with Section 32610) of Division 10,
relating to machineguns.
   (j) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to zip guns.
   27745.  (a) Section 27540 does not apply to the loan of a firearm
if all of the following conditions are satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a dealer.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
   27750.  (a) Section 27540 does not apply to the loan of an
unloaded firearm to a consultant-evaluator by a person licensed
pursuant to Sections 26700 to 26915, inclusive, if the loan does not
exceed 45 days from the date of delivery.
   (b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
   (1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
   (2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
   (3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
   (4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.

      Article 5.  Exceptions to the Requirement of Obtaining a
Verification Number


   27805.  (a) Section 27555 does not apply to the loan of a firearm
if all of the following conditions are satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a dealer.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
   27810.  (a) Section 27555 does not apply to the loan of a firearm
if all of the following requirements are satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 of Title 18
(commencing with Section 921) of the United States Code.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.
   27815.  (a) Section 27555 does not apply to the loan of an
unloaded firearm to a consultant-evaluator by a person licensed
pursuant to Sections 26700 to 26915, inclusive, if the loan does not
exceed 45 days from the date of delivery.
   (b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
   (1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
   (2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
   (3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
   (4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.
   27820.  If all of the following requirements are satisfied,
Section 27555 does not apply to the sale, loan, or transfer of a
firearm:
   (a) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
   (b) The firearm is not a handgun.
   (c) The firearm is a curio or relic manufactured at least 50 years
prior to the current date but is not a replica, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations, or its
successor.
   27825.  Section 27555 does not apply to the delivery of a firearm
to a gunsmith for service or repair, or to the return of the firearm
to its owner by the gunsmith, or to the delivery of a firearm by a
gunsmith to a person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code for service or
repair and the return of the firearm to the gunsmith.
   27830.  Section 27555 does not apply where the transferor and the
transferee are the same person or corporation.
   27835.  Section 27555 does not apply where the transfer is to or
from a person who has a valid entertainment firearms permit and the
transfer involves the loan or return of a firearm used solely as a
prop in a television, film, or theatrical production.

      Article 6.  Exceptions to the Requirement of Using a Dealer for
a Private Party Firearms Transaction


   27850.  (a) Section 27545 does not apply to a sale, delivery, or
transfer of firearms if both of the following requirements are
satisfied:
   (1) The sale, delivery, or transfer is to an authorized
representative of a city, city and county, county, or state
government, or of the federal government, and is for the governmental
entity.
   (2) The entity is acquiring the weapon as part of an authorized,
voluntary program in which the entity is buying or receiving weapons
from private individuals.
   (b) Any weapons acquired pursuant to this section shall be
disposed of pursuant to the applicable provisions of Section 34000 or
Sections 18000 and 18005.
   27855.  Section 27545 does not apply to the sale, delivery, loan,
or transfer of a firearm made by an authorized law enforcement
representative of a city, county, city and county, or state, or of
the federal government, to any public or private nonprofit historical
society, museum, or institutional collection, or the purchase or
receipt of that firearm by that public or private nonprofit
historical society, museum, or institutional collection, if all of
the following conditions are met:
   (a) The entity receiving the firearm is open to the public.
   (b) The firearm prior to delivery is deactivated or rendered
inoperable.
   (c) The firearm is not subject to any of the following:
   (1) Sections 18000 and 18005.
   (2) Division 4 (commencing with Section 18250) of Title 2.
   (3) Section 34000.
   (4) Sections 34005 and 34010.
   (d) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
   (e) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions listed in
Section 16575 and, if applicable, with Section 31615.
   (f) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, all of the following
information shall be reported to the department in a manner
prescribed by the department:
   (1) The name of the government entity delivering the firearm.
   (2) The make, model, serial number, and other identifying
characteristics of the firearm.
   (3) The name of the person authorized by the entity to take
possession of the firearm.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
   27860.  Section 27545 does not apply to the sale, delivery, loan,
or transfer of a firearm made by any person other than a
representative of an authorized law enforcement agency to any public
or private nonprofit historical society, museum, or institutional
collection, if all of the following conditions are met:
   (a) The entity receiving the firearm is open to the public.
   (b) The firearm is deactivated or rendered inoperable prior to
delivery.
   (c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
   (d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
   (e) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that entity shall,
within 30 days of taking possession of that handgun, forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, which
includes all of the following information:
   (1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
   (2) Information on how title was obtained and from whom.
   (3) A description of the firearm in question.
   (4) A copy of the written statement referred to in subdivision
(d).
   (f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
   27865.  Section 27545 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   27870.  Section 27545 does not apply to the transfer of a firearm,
other than a handgun, by gift, bequest, intestate succession, or
other means from one individual to another, if both of the following
requirements are satisfied:
   (a) The transfer is infrequent, as defined in Section 16730.
   (b) The transfer is between members of the same immediate family.
   27875.  Section 27545 does not apply to the transfer of a handgun
by gift, bequest, intestate succession, or other means from one
individual to another, if all of the following requirements are met:
   (a) The transfer is infrequent, as defined in Section 16730.
   (b) The transfer is between members of the same immediate family.
   (c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
   (d) The person taking title to the firearm shall first obtain a
handgun safety certificate.
   (e) The person receiving the firearm is 18 years of age or older.
   27880.  Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
   (a) The loan is infrequent, as defined in Section 16730.
   (b) The loan is for any lawful purpose.
   (c) The loan does not exceed 30 days in duration.
   (d) Commencing January 1, 2003, if the firearm is a handgun, the
individual being loaned the handgun shall have a valid handgun safety
certificate.
   27885.  Section 27545 does not apply to the loan of a firearm if
all of the following conditions exist:
   (a) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
   (b) The loan is for a lawful purpose.
   (c) The loan does not exceed three days in duration.
   (d) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (e) The person loaning the firearm is 18 years of age or older.
   (f) The person being loaned the firearm is 18 years of age or
older.
   27890.  Section 27545 does not apply to the delivery of a firearm
to a gunsmith for service or repair, or to the return of the firearm
to its owner by the gunsmith, or to the delivery of a firearm by a
gunsmith to a person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code for service or
repair and the return of the firearm to the gunsmith.
   27895.  Section 27545 does not apply to the sale, delivery, or
transfer of firearms if all of the following requirements are
satisfied:
   (a) The sale, delivery, or transfer is made by a person who
resides in this state.
   (b) The sale, delivery, or transfer is made to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (c) The sale, delivery, or transfer is in accordance with Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.
   27900.  (a) Section 27545 does not apply to the infrequent sale or
transfer of a firearm other than a handgun at an auction or similar
event conducted by a nonprofit mutual or public benefit corporation
organized pursuant to the Corporations Code.
   (b) As used in this section, "infrequent" has the meaning provided
in Section 16730.
   27905.  Section 27545 does not apply to the transfer of a firearm
if all of the following requirements are satisfied:
   (a) The firearm is not a handgun.
   (b) The firearm is donated for an auction or similar event
described in Section 27900.
   (c) The firearm is delivered to the nonprofit corporation
immediately preceding, or contemporaneous with, the auction or
similar event.
   27910.  Section 27545 does not apply to the loan of a firearm to a
person 18 years of age or older for the purposes of shooting at
targets if the loan occurs on the premises of a target facility that
holds a business or regulatory license or on the premises of any club
or organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
   27915.  Section 27545 does not apply to a person who takes title
or possession of a firearm by operation of law if both of the
following requirements are satisfied:
   (a) The firearm is not a handgun.
   (b) The person is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   27920.  Section 27545 does not apply to a person who takes title
or possession of a handgun by operation of law if the person is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and all of the following conditions
are met:
   (a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
   (b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
   (1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
   (2) Prior to taking title or possession of the firearm, the person
shall obtain a handgun safety certificate.
   (c) Where the person receiving title or possession of the handgun
is a person described in subdivision (i) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered
                        into the Automated Firearms System (AFS) via
the California Law Enforcement Telecommunications System (CLETS) by
the law enforcement or state agency that transferred or delivered the
firearm. An agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
   (d) Where the person receiving title or possession of the handgun
is a person described in subdivision (j) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the AFS via
the CLETS by the law enforcement or state agency that transferred or
delivered the firearm. An agency without access to AFS shall arrange
with the sheriff of the county in which the agency is located to
input this information via this system. In addition, that law
enforcement agency shall not deliver that handgun to the person
referred to in this subdivision unless, prior to the delivery of the
handgun, the person presents proof to the agency that the person is
the holder of a handgun safety certificate.
   (e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.
   27925.  (a) Section 27545 does not apply to a person who takes
possession of a firearm by operation of law in a representative
capacity who subsequently transfers ownership of the firearm to
himself or herself in an individual capacity.
   (b) In the case of a handgun, the individual shall obtain a
handgun safety certificate prior to transferring ownership to himself
or herself, or taking possession of a handgun in an individual
capacity.
   27930.  Section 27545 does not apply to deliveries, transfers, or
returns of firearms made pursuant to any of the following:
   (a) Sections 18000 and 18005.
   (b) Division 4 (commencing with Section 18250) of Title 2.
   (c) Chapter 2 (commencing with Section 33850) of Division 11.
   (d) Sections 34005 and 34010.
   27935.  Section 27545 does not apply to the sale, delivery, or
transfer of unloaded firearms to a wholesaler as merchandise in the
wholesaler's business by a manufacturer or importer licensed to
engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, or by another wholesaler, if the
sale, delivery, or transfer is made in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code.
   27940.  Section 27545 does not apply to the sale, delivery, or
transfer of a firearm regulated pursuant to any of the following
statutes, if the sale, delivery, or transfer of that firearm is
conducted in accordance with the applicable provisions of the
statute:
   (a) Chapter 1 (commencing with Section 18710) of Division 5 of
Title 2, relating to destructive devices and explosives.
   (b) Section 24410, relating to cane guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to cane guns.
   (c) Section 24510, relating to firearms that are not immediately
recognizable as firearms, and the exemptions in Chapter 1 (commencing
with Section 17700) of Title 2, as they relate to firearms that are
not immediately recognizable as firearms.
   (d) Sections 24610 and 24680, relating to undetectable firearms,
and the exemptions in Chapter 1 (commencing with Section 17700) of
Title 2, as they relate to undetectable firearms.
   (e) Section 24710, relating to wallet guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to wallet guns.
   (f) Chapter 2 (commencing with Section 30500) of Division 10,
relating to assault weapons.
   (g) Section 31500, relating to unconventional pistols, and the
exemptions in Chapter 1 (commencing with Section 17700) of Title 2,
as they relate to unconventional pistols.
   (h) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns, and the exemptions in Chapter 1
(commencing with Section 17700) of Title 2, as they relate to
short-barreled rifles and short-barreled shotguns.
   (i) Chapter 6 (commencing with Section 32610) of Division 10,
relating to machineguns.
   (j) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to zip guns.
   27945.  Section 27545 does not apply to or affect the following
circumstances:
   (a) The transfer or loan of a firearm, other than a handgun, to a
minor by the minor's parent or legal guardian.
   (b) The transfer or loan of a firearm, other than a handgun, to a
minor by a grandparent who is not the legal guardian of the minor, if
the transfer is done with the express permission of the minor's
parent or legal guardian.
   (c) The loan of a firearm, other than a handgun, to a minor, with
the express permission of the minor's parent or legal guardian, if
the loan does not exceed 30 days in duration and is for a lawful
purpose.
   (d) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
   (1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (e) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
   (1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
   (2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (4) The duration of the loan does not, in any event, exceed 10
days.
   27950.  Section 27545 does not apply to the loan of a firearm,
other than a handgun, to a licensed hunter for use by that hunter for
a period of time not to exceed the duration of the hunting season
for which the firearm is to be used.
   27955.  Section 27545 does not apply to the loan of a firearm if
all of the following requirements are satisfied:
   (a) The loan is infrequent, as defined in Section 16730.
   (b) The firearm is unloaded.
   (c) The loan is made by a person who is neither a dealer nor a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (d) The loan is made to a person 18 years of age or older.
   (e) The loan is for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
   27960.  (a) Section 27545 does not apply to the loan of a firearm
if all of the following requirements are satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.
   27965.  If all of the following requirements are satisfied,
Section 27545 does not apply to the sale, loan, or transfer of a
firearm:
   (a) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
   (b) The firearm is not a handgun.
   (c) The firearm is a curio or relic manufactured at least 50 years
prior to the current date but is not a replica, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations, or its
successor.

      Article 7.  Report to Department of Justice


   28000.  A person who is exempt from Section 27545 or is otherwise
not required by law to report acquisition, ownership, or disposal of
a handgun or who moves out of this state with the person's handgun
may report that to the Department of Justice in a format prescribed
by the department.
      CHAPTER 5.  PROCEDURE FOR A PRIVATE PARTY FIREARMS TRANSACTION


   28050.  (a) A person shall complete any sale, loan, or transfer of
a firearm through a person licensed pursuant to Sections 26700 to
26915, inclusive, in accordance with this chapter in order to comply
with Section 27545.
   (b) The seller or transferor or the person loaning the firearm
shall deliver the firearm to the dealer who shall retain possession
of that firearm.
   (c) The dealer shall then deliver the firearm to the purchaser or
transferee or the person being loaned the firearm, if it is not
prohibited, in accordance with Section 27540.
   (d) If the dealer cannot legally deliver the firearm to the
purchaser or transferee or the person being loaned the firearm, the
dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 26815 and 27540, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of Section 27500, 27505, 27515, 27520, 27525,
27530, or 27535. If the dealer cannot legally return the firearm to
the transferor or seller or the person loaning the firearm, then the
dealer shall forthwith deliver the firearm to the sheriff of the
county or the chief of police or other head of a municipal police
department of any city or city and county, who shall then dispose of
the firearm in the manner provided by Sections 18000, 18005, and
34000.
   28055.  (a) For a sale, loan, or transfer conducted pursuant to
this chapter, the purchaser or transferee or person being loaned the
firearm may be required by the dealer to pay a fee not to exceed ten
dollars ($10) per firearm.
   (b) No other fee may be charged by the dealer for a sale, loan, or
transfer of a firearm conducted pursuant to this chapter, except for
the applicable fees that may be charged pursuant to Sections 23690
and 28300 and Article 3 (commencing with Section 28200) of Chapter 6
and forwarded to the Department of Justice, and the fees set forth in
Section 31650.
   (c) The dealer may not charge any additional fees.
   (d) Nothing in these provisions shall prevent a dealer from
charging a smaller fee.
   28060.  The Attorney General shall adopt regulations under this
chapter to do all of the following:
   (a) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to preserve the
confidentiality of those records and to comply with the requirements
of this chapter and all of the following:
   (1) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2.
   (2) Article 1 (commencing with Section 27500) of Chapter 4.
   (3) Article 2 (commencing with Section 28150) of Chapter 6.
   (4) Article 3 (commencing with Section 28200) of Chapter 6.
   (b) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with paragraph (2) of subdivision (a) of Section
27560, to allow a personal handgun importer's ownership of the
pistol, revolver, or other firearm capable of being concealed upon
the person being sold or transferred to be recorded in a manner that
if the firearm is returned to that personal handgun importer because
the sale or transfer cannot be completed, the Department of Justice
will have sufficient information about that personal handgun importer
so that a record of the importer's ownership can be maintained in
the registry provided by subdivision (c) of Section 11106.
   (c) Ensure that the register or record of electronic transfer
shall state all of the following:
   (1) The name and address of the seller or transferor of the
firearm or the person loaning the firearm.
   (2) Whether or not the person is a personal handgun importer.
   (3) Any other information required by Article 2 (commencing with
Section 28150) of Chapter 6.
   28065.  Notwithstanding any other provision of law, a dealer who
does not sell, transfer, or keep an inventory of handguns is not
required to process private party transfers of handguns.
   28070.  A violation of this chapter by a dealer is a misdemeanor.
      CHAPTER 6.  RECORDKEEPING, BACKGROUND CHECKS, AND FEES RELATING
TO SALE, LEASE, OR TRANSFER OF FIREARMS



      Article 1.  General Provisions Relating to the Register or the
Record of Electronic or Telephonic Transfer


   28100.  (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Article 2
(commencing with Section 28150).
   (b) This section shall not apply to any of the following
transactions:
   (1) The loan of an unloaded firearm by a dealer to a person who
possesses a valid entertainment firearms permit issued pursuant to
Chapter 2 (commencing with Section 29500) of Division 8, for use
solely as a prop in a motion picture, television, video, theatrical,
or other entertainment production or event.
   (2) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
   (3) The sale, delivery, or transfer of an unloaded firearm, other
than a handgun, by a dealer to another dealer, upon proof of
compliance with the requirements of Section 27555.
   (4) The sale, delivery, or transfer of an unloaded firearm by a
dealer who sells, delivers, or transfers the firearm to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and any regulations issued pursuant thereto.
   (5) The sale, delivery, or transfer of an unloaded firearm by a
dealer to a wholesaler if that firearm is being returned to the
wholesaler and is intended as merchandise in the wholesaler's
business.
   (6) The sale, delivery, or transfer of an unloaded firearm by a
dealer to another dealer, upon proof of compliance with the
requirements of Section 27555, if the firearm is intended as
merchandise in the receiving dealer's business.
   (7) The sale, delivery, or transfer of an unloaded firearm, other
than a handgun, by a dealer to himself or herself.
   (8) The loan of an unloaded firearm by a dealer who also operates
a target facility which holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purpose of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or club or organization, if the
firearm is kept at all times within the premises of the target range
or on the premises of the club or organization.
   (9) The loan of an unloaded firearm by a dealer to a
consultant-evaluator, if the loan does not exceed 45 days from the
date of delivery of the firearm by the dealer to the
consultant-evaluator.
   (10) The return of an unloaded firearm to the owner of that
firearm by a dealer, if the owner initially delivered the firearm to
the dealer for service or repair.
   (11) The sale, delivery, or transfer of an unloaded firearm by a
dealer to a person licensed as an importer or manufacturer pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
   (c) A violation of this section is a misdemeanor.
   28105.  (a) (1) The register required by Section 28100 shall be
prepared by and obtained from the State Printer.
   (2) The State Printer shall furnish the register only to dealers
on application, at a cost to be determined by the Department of
General Services.
   (3) The Department of General Services shall determine the cost
for each 100 leaves in quadruplicate, one original and three
duplicates for the making of carbon copies.
   (4) The original and duplicate copies shall differ in color, and
shall be in the form provided by this chapter.
   (b) Where the electronic transfer of applicant information is
used, the Department of Justice shall develop the standards for all
appropriate electronic equipment and telephone numbers to effect the
transfer of information to the department.
   28110.  (a) The State Printer upon issuing a register shall
forward to the Department of Justice both of the following:
   (1) The name and business address of the dealer.
   (2) The series and sheet numbers of the register.
   (b) The register shall not be transferable.
   (c) If the dealer moves the business to a different location, the
dealer shall notify the department of that fact in writing within 48
hours.

      Article 2.  Form of the Register or the Record of Electronic
Transfer


   28150.  As used in this article, the following words have the
following meanings:
   (a) "Purchase" means the purchase, loan, or transfer of a firearm.

   (b) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
   (c) "Sale" means the sale, loan, or transfer of a firearm.
   28155.  The Department of Justice shall prescribe the form of the
register and the record of electronic transfer pursuant to Section
28105.
   28160.  (a) For handguns, the register or record of electronic
transfer shall include all of the following information:
   (1) The date and time of sale.
   (2) The make of firearm.
   (3) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
   (4) Dealer waiting period exemption pursuant to Sections 26960 and
27660.
   (5) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
   (6) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
   (7) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
   (8) For transactions occurring prior to January 1, 2003, the
purchaser's basic firearms safety certificate number issued pursuant
to former Sections 12805 and 12809, as those sections read at any
time from when they became operative on January 1, 1992, to when they
were repealed on January 1, 2003.
   (9) For transactions occurring on or after January 1, 2003, the
purchaser's handgun safety certificate number issued pursuant to
Article 2 (commencing with Section 31610) of Chapter 4 of Division 10
of this title, or pursuant to former Article 8 (commencing with
Section 12800) of Chapter 6 of Title 2 of Part 4, as that article
read at any time from when it became operative on January 1, 2003, to
when it was repealed by the Deadly Weapons Recodification Act of
2010.
   (10) Manufacturer's name if stamped on the firearm.
   (11) Model name or number, if stamped on the firearm.
   (12) Serial number, if applicable.
   (13) Other number, if more than one serial number is stamped on
the firearm.
   (14) Any identification number or mark assigned to the firearm
pursuant to Section 23910.
   (15) Caliber.
   (16) Type of firearm.
   (17) If the firearm is new or used.
   (18) Barrel length.
   (19) Color of the firearm.
   (20) Full name of purchaser.
   (21) Purchaser's complete date of birth.
   (22) Purchaser's local address.
   (23) If current address is temporary, complete permanent address
of purchaser.
   (24) Identification of purchaser.
   (25) Purchaser's place of birth (state or country).
   (26) Purchaser's complete telephone number.
   (27) Purchaser's occupation.
   (28) Purchaser's sex.
   (29) Purchaser's physical description.
   (30) All legal names and aliases ever used by the purchaser.
   (31) Yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Chapter 2 (commencing with Section 29800) or an offense described in
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, the purchaser's status as a person described in Section 8100
of the Welfare and Institutions Code, whether the purchaser is a
person who has been adjudicated by a court to be a danger to others
or found not guilty by reason of insanity, and whether the purchaser
is a person who has been found incompetent to stand trial or placed
under conservatorship by a court pursuant to Section 8103 of the
Welfare and Institutions Code.
   (32) Signature of purchaser.
   (33) Signature of salesperson, as a witness to the purchaser's
signature.
   (34) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
   (35) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
   (36) The establishment number, if assigned.
   (37) The dealer's complete business telephone number.
   (38) Any information required by Chapter 5 (commencing with
Section 28050).
   (39) Any information required to determine whether subdivision (f)
of Section 27540 applies.
   (40) A statement of the penalties for signing a fictitious name or
address, knowingly furnishing any incorrect information, or
knowingly omitting any information required to be provided for the
register.
   (b) Effective January 1, 2003, the purchaser shall provide the
purchaser's right thumbprint on the register in a manner prescribed
by the department. No exception to this requirement shall be
permitted except by regulations adopted by the department.
   (c) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
   28165.  (a) For firearms other than handguns, the register or
record of electronic transfer shall include all of the following
information:
   (1) The date and time of sale.
   (2) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
   (3) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
   (4) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
   (5) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
   (6) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
   (7) Full name of purchaser.
   (8) Purchaser's complete date of birth.
   (9) Purchaser's local address.
   (10) If current address is temporary, complete permanent address
of purchaser.
   (11) Identification of purchaser.
   (12) Purchaser's place of birth (state or country).
   (13) Purchaser's complete telephone number.
   (14) Purchaser's occupation.
   (15) Purchaser's sex.
   (16) Purchaser's physical description.
   (17) All legal names and aliases ever used by the purchaser.
   (18) Yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Chapter 2 (commencing with Section 29800) or an offense described in
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, the purchaser's status as a person described in Section 8100
of the Welfare and Institutions Code, whether the purchaser is a
person who has been adjudicated by a court to be a danger to others
or found not guilty by reason of insanity, whether the purchaser is a
person who has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code.
   (19) Signature of purchaser.
   (20) Signature of salesperson, as a witness to the purchaser's
signature.
   (21) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
   (22) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
   (23) The establishment number, if assigned.
   (24) The dealer's complete business telephone number.
   (25) Any information required by Chapter 5 (commencing with
Section 28050).
   (26) A statement of the penalties for any person signing a
fictitious name or address, knowingly furnishing any incorrect
information, or knowingly omitting any information required to be
provided for the register.
   (b) Effective January 1, 2003, the purchaser shall provide the
purchaser's right thumbprint on the register in a manner prescribed
by the department. No exception to this requirement shall be
permitted except by regulations adopted by the department.
   (c) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
   28170.  Where the register is used, the following shall apply:
   (a) Dealers shall use ink to complete each document.
     (b) The dealer or salesperson making a sale shall ensure that
all information is provided legibly. The dealer and salespersons
shall be informed that incomplete or illegible information will delay
sales.
   (c) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions, which shall include the
information set forth in this section.
   (d) One firearm transaction shall be reported on each record of
sale document.
   (e) For purposes of this section, a "transaction" means a single
sale, loan, or transfer of any number of firearms that are not
handguns.
   28175.  The dealer or salesperson making a sale shall ensure that
all required information has been obtained from the purchaser. The
dealer and all salespersons shall be informed that incomplete
information will delay sales.
   28180.  (a) Effective January 1, 2003, the purchaser's name, date
of birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means, except as authorized by the department.
   (b) The requirement of subdivision (a) shall not apply in either
of the following cases:
   (1) The purchaser's identification consists of a military
identification card.
   (2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
   (c) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
section shall be obtained by an alternative method to be determined
by the department.

      Article 3.  Submission of Fees and Firearm Purchaser
Information to the Department of Justice


   28200.  As used in this article, the following words have the
following meanings:
   (a) "Purchase" means the purchase, loan, or transfer of a firearm.

   (b) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
   (c) "Sale" means the sale, loan, or transfer of a firearm.
   (d) "Seller" means, if the transaction is being conducted pursuant
to Chapter 5 (commencing with Section 28050), the person selling,
loaning, or transferring the firearm.
   28205.  (a) Until January 1, 1998, the Department of Justice shall
determine the method by which a dealer shall submit firearm
purchaser information to the department. The information shall be in
one of the following formats:
   (1) Submission of the register described in Article 2 (commencing
with Section 28150).
   (2) Electronic or telephonic transfer of the information contained
in the register described in Article 2 (commencing with Section
28150).
   (b) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
   (c) On or after January 1, 2003, except as permitted by the
department, electronic transfer shall be the exclusive means by which
information is transmitted to the department. Telephonic transfer
shall not be permitted for information regarding sales of any
firearms.
   28210.  (a) (1) Where the register is used, the purchaser of any
firearm shall be required to present to the dealer clear evidence of
the person's identity and age.
   (2) The dealer shall require the purchaser to sign the purchaser's
current legal name and affix the purchaser's residence address and
date of birth to the register in quadruplicate.
   (3) The salesperson shall sign the register in quadruplicate, as a
witness to the signature and identification of the purchaser.
   (b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the register shall be
punished as provided in Section 28250.
   (c) (1) The original of the register shall be retained by the
dealer in consecutive order.
   (2) Each book of 50 originals shall become the permanent register
of transactions, which shall be retained for not less than three
years from the date of the last transaction.
   (3) Upon presentation of proper identification, the permanent
register of transactions shall be available for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. No information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
   (d) On the date of the application to purchase, two copies of the
original sheet of the register shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
   (e) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
   (f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a photocopy of
the original shall be provided to the seller or purchaser by the
dealer, upon request. The dealer shall redact all of the purchaser's
personal information, as required pursuant to subdivision (a) of
Section 28160 and subdivision (a) of Section 28165, from the seller's
copy, and the seller's personal information from the purchaser's
copy.
   28215.  (a) (1) Where the electronic or telephonic transfer of
applicant information is used, the purchaser shall be required to
present to the dealer clear evidence of the person's identity and
age.
   (2) The dealer shall require the purchaser to sign the purchaser's
current legal name to the record of electronic or telephonic
transfer.
   (3) The salesperson shall sign the record of electronic or
telephonic transfer, as a witness to the signature and identification
of the purchaser.
   (b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer shall be punished as provided in Section 28250.
   (c) (1) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.
   (2) Each original shall become the permanent record of the
transaction, which shall be retained for not less than three years
from the date of the last transaction.
   (3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. No information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
   (d) On the date of the application to purchase, the record of
applicant information shall be transmitted to the Department of
Justice by electronic or telephonic transfer.
   (e) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
   (f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy shall
be provided to the seller or purchaser by the dealer, upon request.
The dealer shall redact all of the purchaser's personal information,
as required pursuant to subdivision (a) of Section 28160 and
subdivision (a) of Section 28165, from the seller's copy, and the
seller's personal information from the purchaser's copy.
   28220.  (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
   (c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which the
sale was made, or if the sale was made in a district in which there
is no municipal police department, the sheriff of the county in which
the sale was made, of that fact.
   (d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
Section 28225 is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
   (e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to Section
28225 is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to Section 28225, or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
   28225.  (a) The Department of Justice may require the dealer to
charge each firearm purchaser a fee not to exceed fourteen dollars
($14), except that the fee may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
   (b) The fee under subdivision (a) shall be no more than is
necessary to fund the following:
   (1) The department for the cost of furnishing this information.
   (2) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
   (3) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
   (4) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
   (5) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
   (6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
   (7) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
   (8) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
   (9) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
   (10) The department for the costs associated with subdivisions (d)
and (e) of Section 27560.
   (11) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, loan, or transfer of
firearms pursuant to any provision listed in Section 16580.
   (c) The fee established pursuant to this section shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (3) of
subdivision (b), the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (4) of
subdivision (b), the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (5) of subdivision (b),
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (7) of
subdivision (b), the estimated reasonable costs of the Department of
Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subdivisions (d) and (e) of Section 27560, and the
estimated reasonable costs of department firearms-related regulatory
and enforcement activities related to the sale, purchase, loan, or
transfer of firearms pursuant to any provision listed in Section
16580.
   (d) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in this section to the
department.
   28230.  (a) The Department of Justice may charge a fee sufficient
to reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the Department of Industrial Relations:
   (1) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to any provision listed in subdivision (a) of Section 16585.

   (2) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
   (3) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to Section 26905,
27565, or 28000, or paragraph (1) of subdivision (a) of Section
27560.
   (4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
   (b) If the department charges a fee pursuant to paragraph (2) of
subdivision (a), it shall be charged in the same amount to all
categories of transaction that are within that paragraph.
   (c) Any costs incurred by the Department of Justice to implement
this section shall be reimbursed from fees collected and charged
pursuant to this section. No fees shall be charged to the dealer
pursuant to Section 28225 for implementing this section.
   28235.  All money received by the department pursuant to this
article shall be deposited in the Dealers' Record of Sale Special
Account of the General Fund, which is hereby created, to be
available, upon appropriation by the Legislature, for expenditure by
the department to offset the costs incurred pursuant to any of the
following:
   (a) This article.
   (b) Section 18910.
   (c) Section 27555.
   (d) Subdivisions (d) and (e) of Section 27560.
   (e) Article 6 (commencing with Section 28450).
   (f) Section 31110.
   (g) Section 31115.
   (h) Subdivision (a) of Section 32020.
   (i) Section 32670.
   (j) Section 33320.
   28240.  (a) Only one fee shall be charged pursuant to this article
for a single transaction on the same date for the sale of any number
of firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person, or for the taking of
possession of those firearms.
   (b) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this article for the second and
subsequent firearms that are part of that transaction.
   (c) Only one fee shall be charged pursuant to this article for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to Section 26905, 27870, 27875,
27915, 27920, or 27925.
   28245.  Whenever the Department of Justice acts pursuant to this
article as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
   28250.  (a) Any person who does any of the following is guilty of
a misdemeanor:
   (1) Furnishing a fictitious name or address for the register under
Section 28210 or the electronic or telephonic transfer under Section
28215.
   (2) Knowingly furnishing any incorrect information for the
register under Section 28210 or the electronic or telephonic transfer
under Section 28215.
   (3) Knowingly omitting any information required to be provided for
the register under Section 28210 or the electronic or telephonic
transfer under Section 28215.
   (4) Violating any provision of this article.
   (b) Notwithstanding subdivision (a), any person who is prohibited
from obtaining a firearm pursuant to Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9 of this title, or Section 8100 or 8103 of the Welfare and
Institutions Code, who does any of the following shall be punished by
imprisonment in a county jail not exceeding one year or imprisonment
in the state prison for a term of 8, 12, or 18 months:
   (1) Knowingly furnishes a fictitious name or address for the
register under Section 28210 or the electronic or telephonic transfer
under Section 28215.
   (2) Knowingly furnishes any incorrect information for the register
under Section 28210 or the electronic or telephonic transfer under
Section 28215.
   (3) Knowingly omits any information required to be provided for
the register under Section 28210 or the electronic or telephonic
transfer under Section 28215.

      Article 4.  Firearms Safety and Enforcement Special Fund


   28300.  (a) The Firearms Safety and Enforcement Special Fund is
hereby established in the State Treasury and shall be administered by
the Department of Justice.
   (b) Notwithstanding Section 13340 of the Government Code, all
moneys in the fund are continuously appropriated to the Department of
Justice, without regard to fiscal years, for the purpose of
implementing and enforcing the provisions of Article 2 (commencing
with Section 31610) of Chapter 4 of Division 10, enforcing Section
830.95, Title 2 (commencing with Section 12001) of Part 4, Sections
16000 to 16960, inclusive, Sections 16970 to 17230, inclusive,
Sections 17240 to 21390, inclusive, and Sections 21590 to 34370,
inclusive, and for the establishment, maintenance, and upgrading of
equipment and services necessary for firearms dealers to comply with
Article 2 (commencing with Section 28150).
   (c) The Department of Justice may require firearms dealers to
charge each person who obtains a firearm a fee not to exceed five
dollars ($5) for each transaction. Revenues from this fee shall be
deposited in the Firearms Safety and Enforcement Special Fund.

      Article 5.  Exceptions Relating to Law Enforcement


   28400.  (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
any sale, delivery, or transfer of firearms made to an authorized
law enforcement representative of any city, county, city and county,
or state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   28405.  Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the loan of a firearm if all of the following conditions are
satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   28410.  (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the sale, delivery, or transfer of a firearm by a law enforcement
agency to a peace officer pursuant to Section 10334 of the Public
Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   28415.  (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the sale, delivery, or transfer of a firearm by a law enforcement
agency to a retiring peace officer who is authorized to carry a
firearm pursuant to Chapter 5 (commencing with Section 26300) of
Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.

      Article 6.  Centralized List of Exempted Federal Firearms
Licensees


   28450.  (a) Commencing January 1, 2008, the Department of Justice
shall keep a centralized list of persons who identify themselves as
being licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code as a dealer, importer, or
manufacturer of firearms whose licensed premises are within this
state and who declare to the department an exemption from the
firearms dealer licensing requirements of Section 26500.
   (b) The list shall be known as the centralized list of exempted
federal firearms licensees.
   (c) To qualify for placement on the centralized list, an applicant
shall do all of the following:
   (1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, importer, or manufacturer of firearms.
   (2) Possess a current, valid certificate of eligibility pursuant
to Section 26710.
   (3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 26500.

28455.  Any person furnishing a fictitious name, knowingly
furnishing any incorrect information, or knowingly omitting any
information for the declaration under paragraph (3) of subdivision
(c) of Section 28450 shall be guilty of a misdemeanor.
   28460.  (a) Commencing January 1, 2008, the department shall
assess an annual fee of one hundred fifteen dollars ($115) to cover
its costs of maintaining the centralized list of exempted federal
firearms licensees prescribed by Section 28450, conducting
inspections in accordance with this article, and for the cost of
maintaining the firearm shipment verification number system described
in Section 27555.
   (b) The department may increase the fee at a rate not to exceed
the increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
   (c) The fees collected shall be deposited in the Dealers' Record
of Sale Special Account.
   (d) A person who satisfies all of the following conditions shall
not be charged a fee:
   (1) The person is not licensed pursuant to Sections 26700 to
26915, inclusive.
   (2) The person has been issued a permit pursuant to Section 31005,
32650, or 33300, or pursuant to Article 3 (commencing with Section
18900) of Chapter 1 of Division 5 of Title 2.
   (3) The person is placed on the centralized list of exempted
federal firearms licensees.
   28465.  (a) Any person licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code as a dealer,
importer, or manufacturer of firearms whose licensed premises are
within this state shall not import or receive firearms from any
source unless listed on the centralized list of firearms dealers
pursuant to Section 26715, or the centralized list of exempted
federal firearms licensees pursuant to Section 28450, or the
centralized list of firearms manufacturers pursuant to Section 29060.

   (b) A violation of this section is a misdemeanor.
   28470.  (a) All persons on the centralized list of exempted
federal firearms licensees prescribed by Section 28450 shall record
and keep on file for three years, the verification number that shall
accompany firearms received from other federal firearms licensees
pursuant to Section 27555.
   (b) A violation of this section is cause for immediate removal
from the centralized list.
   28475.  Information compiled from the list described in Section
28450 shall be made available for the following purposes:
   (a) Requests from local, state, and federal law enforcement
agencies and the duly constituted city, county, and city and county
licensing authorities.
   (b) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
   28480.  (a) The department may conduct onsite inspections at the
business premises of a person on the centralized list described in
Section 28450 to determine compliance with firearms laws pursuant to
the provisions listed in Section 16575.
   (b) The department shall work in consultation with the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to ensure that licensees
are not subject to duplicative inspections.
   (c) During the inspection the following firearm records shall be
made available for review:
   (1) Federal records referred to in subdivision (a) of Section
478.125 of Title 27 of the Code of Federal Regulations and the bound
book containing the same information referred to in Section 478.124a
and subdivision (e) of Section 478.125 of Title 27 of the Code of
Federal Regulations.
   (2) Verification numbers issued pursuant to Section 27555.
   (3) Any other records requested by the department to determine
compliance with the provisions listed in Section 16575.
   28485.  The department may remove from the centralized list
described in Section 28450 any person who violates a provision listed
in Section 16575.
   28490.  The department may adopt regulations as necessary to carry
out the provisions of this article, Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2, and Sections 27555 to 27570, inclusive. The department
shall work in consultation with the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to ensure that state regulations are not
duplicative of federal regulations.

      DIVISION 7.  MANUFACTURE OF FIREARMS


      CHAPTER 1.  LICENSE REQUIREMENT FOR MANUFACTURE OF FIREARMS


   29010.  (a) Commencing July 1, 1999, no person, firm, or
corporation licensed to manufacture firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
may manufacture firearms within this state unless licensed pursuant
to Chapter 2 (commencing with Section 29030).
   (b) Subdivision (a) does not apply to a person licensed to
manufacture firearms pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code who manufactures fewer
than 100 firearms in a calendar year within this state.
   (c) If a person, firm, or corporation required to be licensed
pursuant to Chapter 2 (commencing with Section 29030) ceases
operations, then the records required pursuant to Section 29130 and
subdivision (b) of Section 29115 shall be forwarded to the federal
Bureau of Alcohol, Tobacco, and Firearms within three days of the
closure of business.
   (d) A violation of this section is a misdemeanor.
      CHAPTER 2.  ISSUANCE, FORFEITURE, AND CONDITIONS OF LICENSE TO
MANUFACTURE FIREARMS



      Article 1.  Preliminary Provisions


   29030.  In this chapter, "licensee" means a person, firm, or
corporation that satisfies both of the following:
   (a) Has a license issued pursuant to subdivision (b) of Section
29050.
   (b) Is among those recorded in the centralized list specified in
Section 29060.

      Article 2.  Licensing Process


   29050.  (a) The Department of Justice shall accept applications
for, and shall grant licenses permitting, the manufacture of firearms
within this state.
   (b) No license shall be granted by the department unless and until
the applicant presents proof that the applicant has all of the
following:
   (1) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
   (2) Any regulatory or business license required by local
government.
   (3) A valid seller's permit or resale certificate issued by the
State Board of Equalization, if applicable.
   (4) A certificate of eligibility issued by the Department of
Justice pursuant to Section 26710.
   (c) A license granted by the department shall be valid for no more
than one year from the date of issuance and shall be in the form
prescribed by the Attorney General.
   (d) The department shall inform applicants who are denied licenses
of the reasons for the denial in writing.
   29055.  (a) The department shall adopt regulations to administer
this chapter and Chapter 1 (commencing with Section 29010).
   (b) The department shall recover the full costs of administering
the program by collecting fees from license applicants. Recoverable
costs shall include, but not be limited to, the costs of inspections
and maintaining a centralized list of licensed firearm manufacturers.

   (c) The fee for licensed manufacturers who produce fewer than 500
firearms in a calendar year within this state shall not exceed two
hundred fifty dollars ($250) per year or the actual costs of
inspections and maintaining a centralized list of firearm
manufacturers and any other duties of the department required
pursuant to this chapter and Chapter 1 (commencing with Section
29010), whichever is less.
   29060.  (a) Except as otherwise provided in subdivisions (a) and
(b) of Section 20965, the Department of Justice shall maintain a
centralized list of all persons licensed pursuant to subdivision (b)
of Section 29050.
   (b) The centralized list shall be provided annually to each police
department and county sheriff within the state.
   29065.  (a) Except as provided in subdivision (b), the license of
any licensee who violates this chapter may be revoked.
   (b) The license of any licensee who knowingly or with gross
negligence violates this chapter or violates this chapter three times
shall be revoked, and that person, firm, or corporation shall become
permanently ineligible to obtain a license pursuant to this chapter.

   (c) Upon the revocation of the license, notification shall be
provided to local law enforcement authorities in the jurisdiction
where the licensee's business is located and to the federal Bureau of
Alcohol, Tobacco, and Firearms.
   29070.  (a) The department shall make information concerning the
location and name of a licensee available, upon request, for the
following purposes only:
   (1) Law enforcement.
   (2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
   (b) Notwithstanding subdivision (a), the department shall make the
name and business address of a licensee available to any person upon
written request.
   29075.  The Department of Justice shall maintain and make
available upon request information concerning all of the following:
   (a) The number of inspections conducted and the amount of fees
collected pursuant to Section 29055.
   (b) The number of licensees removed from the centralized list
described in Sections 29060 and 29065.
   (c) The number of licensees found to have violated this chapter.

      Article 3.  Prohibitions and Requirements Applicable to
Licensee


   29100.  A licensee shall comply with the prohibitions and
requirements described in this article.
   29105.  The business of a licensee shall be conducted only in the
buildings designated in the license.
   29110.  A licensee shall display the license or a copy thereof,
certified by the department, on the premises where it can easily be
seen.
   29115.  (a) Whenever a licensee discovers that a firearm has been
stolen or is missing from the licensee's premises, the licensee shall
report the loss or theft within 48 hours of the discovery to all of
the following:
   (1) The Department of Justice, in a manner prescribed by the
department.
   (2) The federal Bureau of Alcohol, Tobacco, and Firearms.
   (3) The police department in the city or city and county where the
building designated in the license is located.
   (4) If there is no police department in the city or city and
county where the building designated in the license is located, the
sheriff of the county where the building designated in the license is
located.
   (b) For at least 10 years, the licensee shall maintain records of
all firearms that are lost or stolen, as prescribed by the Department
of Justice.
   29120.  (a) A licensee shall require that each employee obtain a
certificate of eligibility pursuant to Section 26710, which shall be
renewed annually, before being allowed to come into contact with any
firearm.
   (b) A licensee shall prohibit any employee who the licensee knows
or reasonably should know is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm from coming
into contact with any firearm.
   29125.  (a) Each firearm a licensee manufactures in this state
shall be identified with a unique serial number stamped onto the
firearm utilizing the method of compression stamping.
   (b) Licensed manufacturers who produce fewer than 500 firearms in
a calendar year within this state may serialize long guns only by
utilizing a method of compression stamping or by engraving the serial
number onto the firearm.
   (c) The licensee shall stamp the serial number onto the firearm
within one business day of the time the frame or receiver is
manufactured.
   (d) The licensee shall not use the same serial number for more
than one firearm.
   29130.  (a) A licensee shall record the type, model, caliber, or
gauge, and serial number of each firearm manufactured or acquired,
and the date of the manufacture or acquisition, within one business
day of the manufacture or acquisition.
   (b) The licensee shall maintain permanently within the building
designated in the license the records required pursuant to
subdivision (a).
   (c) Backup copies of the records described in subdivision (a),
whether electronic or hard copy, shall be made at least once a month.
These backup records shall be maintained in a facility separate from
the one in which the primary records are stored.
   29135.  (a) A licensee shall allow the department to inspect the
building designated in the license to ensure compliance with the
requirements of this chapter.
   (b) A licensee shall allow any peace officer, authorized law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, to inspect facilities and records during business
hours to ensure compliance with the requirements of this chapter.
   29140.  A licensee shall store in a secure facility all firearms
manufactured and all barrels for firearms manufactured.
   29141.  Except as otherwise provided in Section 29142, as used in
this chapter, "secure facility" means that the facility satisfies all
of the following:
   (a) The facility is equipped with a burglar alarm with central
monitoring.
   (b) All perimeter entries to areas in which firearms are stored
other than doors, including windows and skylights, are secured with
steel window guards or an audible, silent, or sonic alarm to detect
entry.
   (c) All perimeter doorways are designed in one of the following
ways:
   (1) A windowless steel security door equipped with both a deadbolt
and a doorknob lock.
   (2) A windowed metal door equipped with both a deadbolt and a
doorknob lock. If the window has an opening of five inches or more
measured in any direction, the window is covered with steel bars of
at least one-half inch diameter or metal grating of at least nine
gauge affixed to the exterior or interior of the door.
   (3) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
   (4) Hinges and hasps attached to doors by welding, riveting, or
bolting with nuts on the inside of the door.
   (5) Hinges and hasps installed so that they cannot be removed when
the doors are closed and locked.
   (d) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
   (e) No perimeter metal grates are capable of being entered by any
person.
   (f) Steel bars used to satisfy the requirements of this section
are not capable of being entered by any person.
   (g) Perimeter walls of rooms in which firearms are stored are
constructed of concrete or at least 10-gauge expanded steel wire mesh
utilized along with typical wood frame and drywall construction. If
firearms are not stored in a vault, the facility shall use an
exterior security-type door along with a high security, single-key
deadbolt, or other door that is more secure. All firearms shall be
stored in a separate room away from any general living area or work
area. Any door to the storage facility shall be locked while
unattended.
   (h) Perimeter doorways, including the loading dock area, are
locked at all times when not attended by paid employees or contracted
employees, including security guards.
   (i) Except when a firearm is currently being tested, any
ammunition on the premises is removed from all manufactured guns and
stored in a separate and locked room, cabinet, or box away from the
storage area for the firearms. Ammunition may be stored with a weapon
only in a locked safe.
   29142.  (a) For purposes of this chapter, any licensed
manufacturer who produces fewer than 500 firearms in a calendar year
within this state may maintain a "secure facility" by complying with
all of the requirements described in Section 29141, or may design a
security plan that is approved by the Department of Justice or the
federal Bureau of Alcohol, Tobacco, and Firearms.
   (b) If a security plan is approved by the federal Bureau of
Alcohol, Tobacco, and Firearms, the approved plan, along with proof
of approval, shall be filed with the Department of Justice and the
local police department. If there is no police department, the filing
shall be with the county sheriff's office.
   (c) If a security plan is approved by the Department of Justice,
the approved plan, along with proof of approval, shall be filed with
the local police department. If there is no police department, the
filing shall be with the county sheriff's office.
   29150.  (a) A licensee shall notify the chief of police or other
head of the municipal police department in the city or city and
county where the building designated in the license is located that
the licensee is manufacturing firearms within that city or city and
county and the location of the licensed premises.
   (b) If there is no police department in the city or city and
county where the building designated in the license is located, the
licensee shall notify the sheriff of the county where the building
designated in the license is located that the licensee is
manufacturing firearms within that county and the location of the
licensed premises.

      DIVISION 8.  MISCELLANEOUS RULES RELATING TO FIREARMS GENERALLY



      CHAPTER 1.  MISCELLANEOUS PROVISIONS


   29300.  (a) Except as provided in subdivision (c), a firearm of
any nature owned or possessed in violation of Chapter 1 (commencing
with Section 29610), Chapter 2 (commencing with Section 29800), or
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, or Chapter 3 (commencing with Section 8100) of Division 5 of
the Welfare and Institutions Code, or used in the commission of any
misdemeanor as provided in this code, any felony, or an attempt to
commit any misdemeanor as provided in this code or any felony, is,
upon a conviction of the defendant or upon a juvenile court finding
that an offense which would be a misdemeanor or felony if committed
by an adult was committed or attempted by the juvenile with the use
of a firearm, a nuisance, and is subject to Sections 18000 and 18005.

   (b) A finding that the defendant was guilty of the offense but was
insane at the time the offense was committed is a conviction for the
purposes of this section.
   (c) A firearm is not a nuisance pursuant to this section if the
firearm owner disposes of the firearm pursuant to Section 29810.
   (d) This section does not apply to any of the following:
   (1) Any firearm in the possession of the Department of Fish and
Game.
   (2) Any firearm that was used in the violation of any provision of
the Fish and Game Code or any regulation adopted pursuant thereto.
   (3) Any firearm that is forfeited pursuant to Section 5008.6 of
the Public Resources Code.
      CHAPTER 2.  ENTERTAINMENT FIREARMS PERMIT


   29500.  Any person who is at least 21 years of age may apply for
an entertainment firearms permit from the Department of Justice. An
entertainment firearms permit authorizes the permitholder to possess
firearms loaned to the permitholder for use solely as a prop in a
motion picture, television, video, theatrical, or other entertainment
production or event.
   29505.  (a) Requests for entertainment firearms permits shall be
made on application forms prescribed by the Department of Justice
that require applicant information, including, but not limited to,
the following:
   (1) Complete name.
   (2) Residential and mailing address.
   (3) Telephone number.
   (4) Date of birth.
   (5) Place of birth.
   (6) Country of citizenship and, if other than United States, alien
number or admission number.
   (7) Valid driver's license number or valid identification card
number issued by the California Department of Motor Vehicles.
   (8) Social security number.
   (9) Signature.
   (b) All applications must be submitted with the appropriate fee as
specified in Section 29510.
   29510.  (a) The Department of Justice shall recover the full costs
of administering the entertainment firearms permit program by
assessing the following application fees:
   (1) For the initial application: one hundred four dollars ($104).
Of this sum, fifty-six dollars ($56) shall be deposited into the
Fingerprint Fee Account, and forty-eight dollars ($48) shall be
deposited into the Dealer Record of Sale Account.
   (2) For each annual renewal application: twenty-nine dollars
($29), which shall be deposited into the Dealer Record of Sale
Account.
   (b) The department shall annually review and shall adjust the fees
specified in subdivision (a), if necessary, to fully fund, but not
to exceed the actual costs of, the permit program provided for by
this chapter, including enforcement of the program.
   29515.  (a) Upon receipt of an initial or renewal application
submitted as specified in Sections 29505, 29520, and 29525, the
department shall examine its records, records the department is
authorized to request from the State Department of Mental Health
pursuant to Section 8104 of the Welfare and Institutions Code, and
records of the National Instant Criminal Background Check System as
described in subsection (t) of Section 922 of Title 18 of the United
States Code, in order to determine if the applicant is prohibited
from possessing or receiving firearms.
   (b) The department shall issue an entertainment firearms permit
only if the records indicate that the applicant is not prohibited
from possessing or receiving firearms pursuant to any federal, state,
or local law.
   29520.  (a) An initial application for an entertainment firearms
permit shall require the submission of fingerprint images and related
information in a manner prescribed by the department, for the
purpose of obtaining information as to the existence and nature of a
record of state or federal level convictions and state or federal
level arrests for which the department establishes that the
individual was released on bail or on the individual's own
recognizance pending trial as needed to determine whether the
applicant may be issued the permit. Requests for federal level
criminal offender record information received by the Department of
Justice pursuant to this chapter shall be forwarded by the department
to the Federal Bureau of Investigation.
   (b) The Department of Justice shall review the criminal offender
record information specified in subdivision (l) of Section 11105 for
entertainment firearms permit applicants.
   (c) The Department of Justice shall review subsequent arrests,
pursuant to Section 11105.2, to determine the continuing validity of
the permit as specified in Section 29530 for all entertainment
firearms permitholders.
   29525.  Any person who furnishes a fictitious name or address or
knowingly furnishes any incorrect information or knowingly omits any
information required to be provided on an application for an
entertainment firearms permit is guilty of a misdemeanor.
   29530.  (a) An entertainment firearms permit issued by the
Department of Justice shall be valid for one year from the date of
issuance.
   (b) If at any time during that year the permitholder becomes
prohibited from possessing or receiving firearms pursuant to any
federal, state, or local law, the entertainment firearms permit shall
be no longer valid.
   29535.  The implementation of Sections 29500, 29505, 29515, 29520,
and 29525, and of subdivision (a) of Section 29510, by the
department is exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

      DIVISION 9.  SPECIAL FIREARM RULES RELATING TO PARTICULAR
PERSONS


      CHAPTER 1.  JUVENILE



      Article 1.  Possession of Handgun


   29610.  A minor shall not possess a pistol, revolver, or other
firearm capable of being concealed upon the person.
   29615.  Section 29610 shall not apply if one of the following
circumstances exists:
   (a) The minor is accompanied by a parent or legal guardian, and
the minor is actively engaged in, or is in direct transit to or from,
a lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves this
use of a firearm.
   (b) The minor is accompanied by a responsible adult, the minor has
the prior written consent of a parent or legal guardian, and the
minor is actively engaged in, or is in direct transit to or from, a
lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (c) The minor is at least 16 years of age, the minor has the prior
written consent of a parent or legal guardian and the minor is
actively engaged in, or is in direct transit to or from, a lawful
recreational sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting activity, or a motion
picture, television, or video production, or entertainment or
theatrical event, the nature of which involves the use of a firearm.
   (d) The minor has the prior written consent of a parent or legal
guardian, the minor is on lands owned or lawfully possessed by the
parent or legal guardian, and the minor is actively engaged in, or is
in direct transit to or from, a lawful, recreational sport,
including, but not limited to, competitive shooting, or agricultural,
ranching, or hunting activity, or a motion picture, television, or
video production, or entertainment or theatrical event, the nature of
which involves the use of a firearm.

      Article 2.  Possession of Live Ammunition


   29650.  A minor shall not possess live ammunition.
   29655.  Section 29650 shall not apply if one of the following
circumstances exists:
   (a) The minor has the written consent of a parent or legal
guardian to possess live ammunition.
   (b) The minor is accompanied by a parent or legal guardian.
   (c) The minor is actively engaged in, or is going to or from, a
lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
the nature of which involves the use of a firearm.

      Article 3.  Punishment


   29700.  Every minor who violates this chapter shall be punished as
follows:
   (a) By imprisonment in the state prison or in a county jail if one
of the following applies:
   (1) The minor has been found guilty previously of violating this
chapter.
   (2) The minor has been found guilty previously of an offense
specified in Section 29905, 32625, or 33410, or an offense specified
in any provision listed in Section 16590.
   (3) The minor has been found guilty of a violation of Section
29610.
   (b) Violations of this chapter other than those violations
specified in subdivision (a) shall be punishable as a misdemeanor.
   29705.  In a proceeding to enforce this chapter brought pursuant
to Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, the court may
require the custodial parent or legal guardian of a minor who
violates this chapter to participate in classes on parenting
education that meet the requirements established in Section 16507.7
of the Welfare and Institutions Code.

      Article 4.  Legislative Intent


   29750.  In enacting the amendments to former Sections 12078 and
12101 by Section 10 of Chapter 33 of the Statutes of 1994, First
Extraordinary Session, it was not the intent of the Legislature to
expand or narrow the application of the then-existing statutory and
judicial authority as to the rights of minors to be loaned or to
possess live ammunition or a firearm for the purpose of self-defense
or the defense of others.
      CHAPTER 2.  PERSON CONVICTED OF SPECIFIED OFFENSE, ADDICTED TO
NARCOTIC, OR SUBJECT TO COURT ORDER



      Article 1.  Prohibitions on Firearm Access


   29800.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, the State of California, or any
other state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 23515, or who is addicted to
the use of any narcotic drug, and who owns, purchases, receives, or
has in possession or under custody or control any firearm is guilty
of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in possession or under custody or control
any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 23515,
when that conviction results from certification by the juvenile court
for prosecution as an adult in an adult court under Section 707 of
the Welfare and Institutions Code, and who owns or has in possession
or under custody or control any firearm is guilty of a felony.
   (c) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   29805.  Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422,
626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as
that section read at any time from when it was enacted by Section 3
of Chapter 1386 of the Statutes of 1988 to when it was repealed by
Section 18 of Chapter 23 of the Statutes of 1994, Section 17500,
17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of
Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of
the Welfare and Institutions Code, any firearm-related offense
pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions
Code, or of the conduct punished in subdivision (c) of Section
27590, and who, within 10 years of the conviction, owns, purchases,
receives, or has in possession or under custody or control, any
firearm is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this section. However, the prohibition in this section may
be reduced, eliminated, or conditioned as provided in Section 29855
or 29860.
   29810.  (a) For any person who is subject to Section 29800 or
29805, the court shall, at the time judgment is imposed, provide on a
form supplied by the Department of Justice, a notice to the
defendant prohibited by this chapter from owning, purchasing,
receiving, possessing, or having under custody or control, any
firearm. The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.
   (b) Failure to provide the notice described in subdivision (a)
shall not be a defense to a violation of this chapter.
   29815.  (a) Any person who, as an express condition of probation,
is prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in possession or under custody or control, any firearm, but
who is not subject to Section 29805 or subdivision (a) of Section
29800, is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (b) The court, on forms provided by the Department of Justice,
shall notify the department of persons subject to this section. The
notice shall include a copy of the order of probation and a copy of
any minute order or abstract reflecting the order and conditions of
probation.
   29820.  (a) This section applies to any person who satisfies both
of the following requirements:
   (1) The person is alleged to have committed an offense listed in
subdivision (b) of Section 707 of the Welfare and Institutions Code,
an offense described in subdivision (b) of Section 1203.073, any
offense enumerated in Section 29805, or any offense described in
Section 25850, subdivision (a) of Section 25400, or subdivision (a)
of Section 26100.
   (2) The person is subsequently adjudged a ward of the juvenile
court within the meaning of Section 602 of the Welfare and
Institutions Code because the person committed an offense listed in
subdivision (b) of Section 707 of the Welfare and Institutions Code,
an offense described in subdivision (b) of Section 1203.073, any
offense enumerated in Section 29805, or any offense described in
Section 25850, subdivision (a) of Section 25400, or subdivision (a)
of Section 26100.
   (b) Any person described in subdivision (a) shall not own, or have
in possession or under custody or control, any firearm until the age
of 30 years.
   (c) A violation of this section shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (d) The juvenile court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
section. Notwithstanding any other law, the forms required to be
submitted to the department pursuant to this section may be used to
determine eligibility to acquire a firearm.
   29825.  (a) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that the person is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (b) Every person who owns or possesses a firearm knowing that the
person is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (c) If probation is granted upon conviction of a violation of this
section, the court shall impose probation consistent with Section
1203.097.
   (d) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect. The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order. The order shall state the penalties for
a violation of the prohibition. The order shall also state on its
face the expiration date for relinquishment.

      Article 2.  Exemption or Petition for Relief


   29850.  (a) A violation of Section 29800, 29805, 29815, or 29820
is justifiable where all of the following conditions are met:
   (1) The person found the firearm or took the firearm from a person
who was committing a crime against the person who found or took the
firearm.
   (2) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (3) If the firearm was transported to a law enforcement agency, it
was transported in accordance with subdivision (b) of Section 25570.

   (4) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that the person is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (b) Upon the trial for violating Section 29800, 29805, 29815, or
29820, the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
section.
   (c) The defendant has the burden of proving by a preponderance of
the evidence that the defendant comes within the provisions of the
exemption created by this section.
   29855.  (a) Any person employed as a peace officer described in
Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose
employment or livelihood is dependent on the ability to legally
possess a firearm, who is subject to the prohibition imposed by
Section 29805 because of a conviction under Section 273.5, 273.6, or
646.9, may petition the court only once for relief from this
prohibition.
   (b) The petition shall be filed with the court in which the
petitioner was sentenced. If possible, the matter shall be heard
before the same judge who sentenced the petitioner.
   (c) Upon filing the petition, the clerk of the court shall set the
hearing date and shall notify the petitioner and the prosecuting
attorney of the date of the hearing.
   (d) Upon making each of the following findings, the court may
reduce or eliminate the prohibition, impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:
   (1) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (2) Finds that the petitioner is not within a prohibited class as
specified in Section 29815, 29820, 29825, or 29900, or subdivision
(a) or (b) of Section 29800, and the court is not presented with any
credible evidence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institutions Code.
   (3) Finds that the petitioner does not have a previous conviction
under Section 29805 no matter when the prior conviction occurred.
   (e) In making its decision, the court shall consider the
petitioner's continued employment, the interest of justice, any
relevant evidence, and the totality of the circumstances. The court
shall require, as a condition of granting relief from the prohibition
under Section 29805, that the petitioner agree to participate in
counseling as deemed appropriate by the court. Relief from the
prohibition shall not relieve any other person or entity from any
liability that might otherwise be imposed. It is the intent of the
Legislature that courts exercise broad discretion in fashioning
appropriate relief under this section in cases in which relief is
warranted. However, nothing in this section shall be construed to
require courts to grant relief to any particular petitioner. It is
the intent of the Legislature to permit persons who were convicted of
an offense specified in Section 273.5, 273.6, or 646.9 to seek
relief from the prohibition imposed by Section 29805.
   29860.  (a) Any person who is subject to the prohibition imposed
by Section 29805 because of a conviction of an offense prior to that
offense being added to Section 29805 may petition the court only once
for relief from this prohibition.
   (b) The petition shall be filed with the court in which the
petitioner was sentenced. If possible, the matter shall be heard
before the same judge that sentenced the petitioner.
   (c) Upon filing the petition, the clerk of the court shall set the
hearing date and notify the petitioner and the prosecuting attorney
of the date of the hearing.
   (d) Upon making each of the following findings, the court may
reduce or eliminate the prohibition, impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:
   (1) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (2) Finds that the petitioner is not within a prohibited class as
specified in Section 29815, 29820, 29825, or 29900, or subdivision
(a) or (b) of Section 29800, and the court is not presented with any
credible evidence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institutions Code.
   (3) Finds that the petitioner does not have a previous conviction
under Section 29805, no matter when the prior conviction occurred.
   (e) In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
section in cases in which relief is warranted. However, nothing in
this section shall be construed to require courts to grant relief to
any particular petitioner.
   29865.  Law enforcement officials who enforce the prohibition
specified in Section 29805 against a person who has been granted
relief pursuant to Section 29855 or 29860 shall be immune from any
liability for false arrest arising from the enforcement of Section
29805 unless the person has in possession a certified copy of the
court order that granted the person relief from the prohibition. This
immunity from liability shall not relieve any person or entity from
any other liability that might otherwise be imposed.

      Article 3.  Miscellaneous Provisions


   29875.  Subject to available funding, the Attorney General,
working with the Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of Section 12021, as it reads in Section 2 of Chapter
830 of the Statutes of 2002, and as later amended at any time before
completion of the protocol. The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to any provision of law. The
protocol shall be completed on or before January 1, 2005.
      CHAPTER 3.  PERSON CONVICTED OF VIOLENT OFFENSE


   29900.  (a) (1) Notwithstanding subdivision (a) of Section 29800,
any person who has been previously convicted of any of the offenses
listed in Section 29905 and who owns or has in possession or under
custody or control any firearm is guilty of a felony.
   (2) A dismissal of an accusatory pleading pursuant to Section
1203.4a involving an offense set forth in Section 29905 does not
affect the finding of a previous conviction.
   (3) If probation is granted, or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the defendant serve at least six months in a county
jail.
   (b) (1) Any person previously convicted of any of the offenses
listed in Section 29905 which conviction results from certification
by the juvenile court for prosecution as an adult in adult court
under the provisions of Section 707 of the Welfare and Institutions
Code, who owns or has in possession or under custody or control any
firearm, is guilty of a felony.
   (2) If probation is granted, or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the defendant serve at least six months in a county
jail.
   (c) The court shall apply the minimum sentence as specified in
subdivisions (a) and (b) except in unusual cases where the interests
of justice would best be served by granting probation or suspending
the imposition or execution of sentence without the imprisonment
required by subdivisions (a) and (b), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (b), in which case
the court shall specify on the record and shall enter on the minutes
the circumstances indicating that the interests of justice would
best be served by the disposition.
   29905.  (a) As used in this chapter, a violent offense includes
any of the following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape.
   (4) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
   (5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
   (6) Lewd acts on a child under the age of 14 years.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been charged
and proven, or any felony in which the defendant uses a firearm
which use has been charged and proven.
   (9) Attempted murder.
   (10) Assault with intent to commit rape or robbery.
   (11) Assault with a deadly weapon or instrument on a peace
officer.
   (12) Assault by a life prisoner on a noninmate.
   (13) Assault with a deadly weapon by an inmate.
   (14) Arson.
   (15) Exploding a destructive device or any explosive with intent
to injure.
   (16) Exploding a destructive device or any explosive causing great
bodily injury.
   (17) Exploding a destructive device or any explosive with intent
to murder.
   (18) Robbery.
   (19) Kidnapping.
   (20) Taking of a hostage by an inmate of a state prison.
   (21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
   (22) Any felony in which the defendant personally used a dangerous
or deadly weapon.
   (23) Escape from a state prison by use of force or violence.
   (24) Assault with a deadly weapon or force likely to produce great
bodily injury.
   (25) Any felony violation of Section 186.22.
   (26) Any offense enumerated in subdivision (a), (b), or (d) of
Section 23515.
   (27) Carjacking.
   (28) Any offense enumerated in subdivision (c) of Section 23515 if
the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
   (b) As used in this chapter, a violent offense also includes any
attempt to commit a crime listed in subdivision (a) other than an
assault.
      CHAPTER 4.  PROHIBITED ARMED PERSONS FILE


   30000.  (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File. The
purpose of the file is to cross-reference persons who have ownership
or possession of a firearm on or after January 1, 1991, as indicated
by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of that ownership or possession of a
firearm, fall within a class of persons who are prohibited from
owning or possessing a firearm.
   (b) The information contained in the Prohibited Armed Persons File
shall only be available to those entities specified in, and pursuant
to, subdivision (b) or (c) of Section 11105, through the California
Law Enforcement Telecommunications System, for the purpose of
determining if persons are armed and prohibited from possessing
firearms.
   30005.  The Prohibited Armed Persons File database shall function
as follows:
   (a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Chapter 2 (commencing with
Section 29800), a conviction for an offense described in Chapter 3
(commencing with Section 29900), a firearms prohibition pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code, or any
firearms possession prohibition identified by the federal National
Instant Criminal Background Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration.
   (b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited by
state or federal law from acquiring, owning, or possessing firearms,
the department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration.
   (c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, the following information shall be entered
into the Prohibited Armed Persons File:
   (1) The subject's name.
   (2) The subject's date of birth.
   (3) The subject's physical description.
   (4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
   (5) The basis of the firearms possession prohibition.
   (6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.
   30010.  The Attorney General shall provide investigative
assistance to local law enforcement agencies to better ensure the
investigation of individuals who are armed and prohibited from
possessing a firearm.
      CHAPTER 5.  FIREARMS ELIGIBILITY CHECK



      Article 1.  Firearms Eligibility Check


   30105.  (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
information required by Section 28165 to the department, in an
application specified by the department.
   (b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.

   (c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department.
   (d) Upon receipt of a notarized application and fee, the
department shall do all of the following:
   (1) Examine its records, and the records it is authorized to
request from the State Department of Mental Health pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
   (2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
   (e) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
                                                     (f) The
department shall make applications to conduct a firearms eligibility
check as described in this section available to licensed firearms
dealers and on the department's Web site.
   (g) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
   (h) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
   (i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:
   "No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 30105 of the Penal Code. A
violation of these provisions is a misdemeanor."
   "If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."

      Article 2.  Exceptions Relating to Law Enforcement


   30150.  (a) Section 30105 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   30155.  Section 30105 does not apply to the loan of a firearm if
all of the following conditions are satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   30160.  (a) Section 30105 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   30165.  (a) Section 30105 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.

      DIVISION 10.  SPECIAL RULES RELATING TO PARTICULAR TYPES OF
FIREARMS OR FIREARM EQUIPMENT


      CHAPTER 1.  AMMUNITION



      Article 1.  Flechette Dart Ammunition or Bullet Containing or
Carrying an Explosive Agent


   30210.  Except as provided in Section 30215 and Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any person
in this state who manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses either of the following is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison:
   (a) Any ammunition that contains or consists of any flechette
dart.
   (b) Any bullet containing or carrying an explosive agent.
   30215.  Section 30210 does not apply to tracer ammunition
manufactured for use in a shotgun.
   30290.  Except as provided in Section 30215 and in Chapter 1
(commencing with Section 17700) of Division 2 of Title 2, any
ammunition that contains or consists of any flechette dart, or any
bullet containing or carrying an explosive agent, is a nuisance and
is subject to Section 18010.

      Article 2.  Other Restrictions Relating to Ammunition


   30300.  (a) Any person, corporation, or dealer who does any of the
following shall be punished by imprisonment in a county jail for a
term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both the imprisonment and fine:
   (1) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
   (2) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age.
Where ammunition or reloaded ammunition may be used in both a rifle
and a handgun, it may be sold to a person who is at least 18 years of
age, but less than 21 years of age, if the vendor reasonably
believes that the ammunition is being acquired for use in a rifle and
not a handgun.
   (3) Supplies, delivers, or gives possession of any ammunition to
any minor who the person, corporation, or dealer knows, or using
reasonable care should know, is prohibited from possessing that
ammunition at that time pursuant to Chapter 1 (commencing with
Section 29610) of Division 9 of Title 4 of Part 6.
   (b) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this section.
   30305.  (a) (1) No person prohibited from owning or possessing a
firearm under Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of this title, or
Section 8100 or 8103 of the Welfare and Institutions Code, shall own,
possess, or have under custody or control, any ammunition or
reloaded ammunition.
   (2) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
   (b) (1) A person who is not prohibited by subdivision (a) from
owning, possessing, or having under the person's custody or control,
any ammunition or reloaded ammunition, but who is enjoined from
engaging in activity pursuant to an injunction issued pursuant to
Section 3479 of the Civil Code against that person as a member of a
criminal street gang, as defined in Section 186.22, may not own,
possess, or have under the person's custody or control, any
ammunition or reloaded ammunition.
   (2) A violation of this subdivision is a misdemeanor.
   (c) A violation of subdivision (a) or (b) is justifiable where all
of the following conditions are met:
   (1) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against the person who found or took the
ammunition or reloaded ammunition.
   (2) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
   (3) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Chapter 2
(commencing with Section 29800) of Division 9 or ammunition or
reloaded ammunition because of subdivision (b).
   (d) Upon the trial for violating subdivision (a) or (b), the trier
of fact shall determine whether the defendant is subject to the
exemption created by subdivision (c). The defendant has the burden of
proving by a preponderance of the evidence that the defendant is
subject to the exemption provided by subdivision (c).
   30306.  (a) Any person, corporation, or firm who supplies,
delivers, sells, or gives possession or control of, any ammunition to
any person who he or she knows or using reasonable care should know
is prohibited from owning, possessing, or having under custody or
control, any ammunition or reloaded ammunition pursuant to
subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor,
punishable by imprisonment in a county jail not exceeding one year,
or a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment.
   (b) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
another provision of law shall not be punished under more than one
provision.
   30310.  (a) Unless it is with the written permission of the school
district superintendent, the superintendent's designee, or
equivalent school authority, no person shall carry ammunition or
reloaded ammunition onto school grounds, except sworn law enforcement
officers acting within the scope of their duties or persons exempted
under Section 25450.
   (b) This section shall not apply to any of the following:
   (1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
   (2) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
   (3) Any person summoned by any of these officers to assist in
making an arrest or preserving the peace while that person is
actually engaged in assisting the officer.
   (4) A member of the military forces of this state or of the United
States who is engaged in the performance of that person's duties.
   (5) A person holding a valid license to carry the firearm pursuant
to Chapter 4 (commencing with Section 26150) of Division 5.
   (6) An armored vehicle guard, who is engaged in the performance of
that person's duties, as defined in subdivision (d) of Section
7582.1 of the Business and Professions Code.
   (c) A violation of this section is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to
exceed one thousand dollars ($1,000), or both the imprisonment and
fine.
   30312.  (a) Commencing February 1, 2011, the delivery or transfer
of ownership of handgun ammunition may only occur in a face-to-face
transaction with the deliverer or transferor being provided bona fide
evidence of identity from the purchaser or other transferee.
   (b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of handgun ammunition to any of the following:
   (1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer of the handgun
ammunition, written authorization from the head of the agency
employing the purchaser or transferee is obtained, identifying the
employee as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency
employing the individual.
   (2) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of the officer's duties.
   (3) An importer or manufacturer of handgun ammunition or firearms
who is licensed to engage in business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
   (5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (6) A person who is licensed as a collector of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
   (7) A handgun ammunition vendor.
   (8) A consultant-evaluator.
   (c) A violation of this section is a misdemeanor.
   30315.  Any person, firm, or corporation who, within this state
knowingly possesses any handgun ammunition designed primarily to
penetrate metal or armor is guilty of a public offense and upon
conviction thereof shall be punished by imprisonment in the state
prison, or in the county jail for a term not to exceed one year, or
by a fine not to exceed five thousand dollars ($5,000), or by both
that fine and imprisonment.
   30320.  Any person, firm, or corporation who, within this state,
manufactures, imports, sells, offers to sell, or knowingly transports
any handgun ammunition designed primarily to penetrate metal or
armor is guilty of a felony and upon conviction thereof shall be
punished by imprisonment in state prison, or by a fine not to exceed
five thousand dollars ($5,000), or by both that fine and
imprisonment.
   30325.  Nothing in this article shall apply to or affect the
possession of handgun ammunition designed primarily to penetrate
metal or armor by a person who found the ammunition, if that person
is not prohibited from possessing firearms or ammunition pursuant to
subdivision (a) of Section 30305, Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, and the person is transporting the ammunition to a law
enforcement agency for disposition according to law.
   30330.  Nothing in this article shall apply to or affect the sale
to, purchase by, possession of, or use of any ammunition by any
member of the Army, Navy, Air Force, or Marine Corps of the United
States, or the National Guard, while on duty and acting within the
scope and course of employment, or any police agency or forensic
laboratory or any person who is the holder of a valid permit issued
pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2.
   30335.  Nothing in this article shall prohibit the possession,
importation, sale, attempted sale, or transport of ammunition from
which the propellant has been removed and the primer has been
permanently deactivated.
   30340.  Nothing in this article shall prohibit the manufacture of
ammunition under contracts approved by agencies of the state or
federal government.

      Article 3.  Handgun Ammunition Vendors


   30345.  A vendor shall comply with all of the conditions,
requirements, and prohibitions stated in this article.
   30347.  A vendor shall not permit any employee who the vendor
knows or reasonably should know is a person described in Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this title or Section 8100 or 8103 of the
Welfare and Institutions Code to handle, sell, or deliver handgun
ammunition in the course and scope of employment.
   30350.  A vendor shall not sell or otherwise transfer ownership
of, offer for sale or otherwise offer to transfer ownership of, or
display for sale or display for transfer of ownership of any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser or transferee without the assistance of the vendor or
an employee of the vendor.
   30352.  (a) Commencing February 1, 2011, a vendor shall not sell
or otherwise transfer ownership of any handgun ammunition without, at
the time of delivery, legibly recording the following information:
   (1) The date of the sale or other transaction.
   (2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
   (3) The brand, type, and amount of ammunition sold or otherwise
transferred.
   (4) The purchaser's or transferee's signature.
   (5) The name of the salesperson who processed the sale or other
transaction.
   (6) The right thumbprint of the purchaser or transferee on the
above form.
   (7) The purchaser's or transferee's full residential address and
telephone number.
   (8) The purchaser's or transferee's date of birth.
   (b) Subdivision (a) shall not apply to or affect sales or other
transfers of ownership of handgun ammunition by handgun ammunition
vendors to any of the following, if properly identified:
   (1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
   (2) A handgun ammunition vendor.
   (3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
   (4) A target facility that holds a business or regulatory license.

   (5) A gunsmith.
   (6) A wholesaler.
   (7) A manufacturer or importer of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
   (8) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of
the handgun ammunition, written authorization from the head of the
agency authorizing the transaction is presented to the person from
whom the purchase, delivery, or transfer is being made. Proper
written authorization is defined as verifiable written certification
from the head of the agency by which the purchaser, transferee, or
person otherwise acquiring ownership is employed, identifying the
employee as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which that individual is employed.
   30355.  Commencing February 1, 2011, the records required by this
article shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer.
   30357.  (a) Commencing February 1, 2011, the records referred to
in Section 30352 shall be subject to inspection at any time during
normal business hours by any peace officer employed by a sheriff,
city police department, or district attorney as provided in
subdivision (a) of Section 830.1, or employed by the department as
provided in subdivision (b) of Section 830.1, provided that the
officer is conducting an investigation where access to those records
is or may be relevant, is seeking information about persons
prohibited from owning a firearm or ammunition, or is engaged in
ensuring compliance with the Dangerous Weapons Control Law, as
defined in Section 23500, or any other laws pertaining to firearms or
ammunition.
   (b) The records referred to in Section 30352 shall also be subject
to inspection at any time during normal business hours by any other
employee of the department, provided that the employee is conducting
an investigation where access to those records is or may be relevant,
is seeking information about persons prohibited from owning a
firearm or ammunition, or is engaged in ensuring compliance with the
Dangerous Weapons Control Law, as defined in Section 23500, or any
other laws pertaining to firearms or ammunition.
   30360.  Commencing February 1, 2011, a vendor shall not knowingly
make a false entry in, fail to make a required entry in, fail to
obtain the required thumbprint, or otherwise fail to maintain in the
required manner, records prepared in accordance with Section 30352.
If the right thumbprint is not available, then the vendor shall have
the purchaser or transferee use the left thumb, or any available
finger, and shall so indicate on the form.
   30362.  (a) Commencing February 1, 2011, no vendor shall, during
any inspection conducted pursuant to this article, refuse to permit a
person authorized under Section 30357 to examine any record prepared
in accordance with this article.
   (b) Commencing February 1, 2011, no vendor shall refuse to permit
the use of any record or information by a person authorized under
Section 30357.
   30365.  (a) A violation of Section 30352, 30355, 30360, or 30362
is a misdemeanor.
   (b) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
      CHAPTER 2.  ASSAULT WEAPONS AND .50 BMG RIFLES



      Article 1.  General Provisions


   30500.  This chapter shall be known as the Roberti-Roos Assault
Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of
2004.
   30505.  (a) The Legislature hereby finds and declares that the
proliferation and use of assault weapons poses a threat to the
health, safety, and security of all citizens of this state. The
Legislature has restricted the assault weapons specified in Section
30510 based upon finding that each firearm has such a high rate of
fire and capacity for firepower that its function as a legitimate
sports or recreational firearm is substantially outweighed by the
danger that it can be used to kill and injure human beings. It is the
intent of the Legislature in enacting this chapter to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and
possession. It is not, however, the intent of the Legislature by this
chapter to place restrictions on the use of those weapons which are
primarily designed and intended for hunting, target practice, or
other legitimate sports or recreational activities.
   (b) The Legislature hereby finds and declares that the
proliferation and use of .50 BMG rifles poses a clear and present
terrorist threat to the health, safety, and security of all residents
of, and visitors to, this state, based upon findings that those
firearms have such a high capacity for long distance and highly
destructive firepower that they pose an unacceptable risk to the
death and serious injury of human beings, destruction or serious
damage of vital public and private buildings, civilian, police and
military vehicles, power generation and transmission facilities,
petrochemical production and storage facilities, and transportation
infrastructure. It is the intent of the Legislature in enacting this
chapter to place restrictions on the use of these rifles and to
establish a registration and permit procedure for their lawful sale
and possession.
   30510.  As used in this chapter and in Sections 16780, 17000, and
27555, "assault weapon" means the following designated semiautomatic
firearms:
   (a) All of the following specified rifles:
   (1) All AK series including, but not limited to, the models
identified as follows:
   (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and
86S.
   (B) Norinco 56, 56S, 84S, and 86S.
   (C) Poly Technologies AKS and AK47.
   (D) MAADI AK47 and ARM.
   (2) UZI and Galil.
   (3) Beretta AR-70.
   (4) CETME Sporter.
   (5) Colt AR-15 series.
   (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
   (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
   (8) MAS 223.
   (9) HK-91, HK-93, HK-94, and HK-PSG-1.
   (10) The following MAC types:
   (A) RPB Industries Inc. sM10 and sM11.
   (B) SWD Incorporated M11.
   (11) SKS with detachable magazine.
   (12) SIG AMT, PE-57, SG 550, and SG 551.
   (13) Springfield Armory BM59 and SAR-48.
   (14) Sterling MK-6.
   (15) Steyer AUG.
   (16) Valmet M62S, M71S, and M78S.
   (17) Armalite AR-180.
   (18) Bushmaster Assault Rifle.
   (19) Calico M-900.
   (20) J&R ENG M-68.
   (21) Weaver Arms Nighthawk.
   (b) All of the following specified pistols:
   (1) UZI.
   (2) Encom MP-9 and MP-45.
   (3) The following MAC types:
   (A) RPB Industries Inc. sM10 and sM11.
   (B) SWD Incorporated M-11.
   (C) Advance Armament Inc. M-11.
   (D) Military Armament Corp. Ingram M-11.
   (4) Intratec TEC-9.
   (5) Sites Spectre.
   (6) Sterling MK-7.
   (7) Calico M-950.
   (8) Bushmaster Pistol.
   (c) All of the following specified shotguns:
   (1) Franchi SPAS 12 and LAW 12.
   (2) Striker 12.
   (3) The Streetsweeper type S/S Inc. SS/12.
   (d) Any firearm declared to be an assault weapon by the court
pursuant to former Section 12276.5, as it read in Section 3 of
Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the
Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of
1991, which is specified as an assault weapon in a list promulgated
pursuant to former Section 12276.5, as it read in Section 3 of
Chapter 954 of the Statutes of 1991.
               (e) This section is declaratory of existing law and a
clarification of the law and the Legislature's intent which bans the
weapons enumerated in this section, the weapons included in the list
promulgated by the Attorney General pursuant to former Section
12276.5, as it read in Section 3 of Chapter 954 of the Statutes of
1991, and any other models that are only variations of those weapons
with minor differences, regardless of the manufacturer. The
Legislature has defined assault weapons as the types, series, and
models listed in this section because it was the most effective way
to identify and restrict a specific class of semiautomatic weapons.
   (f) As used in this section, "series" includes all other models
that are only variations, with minor differences, of those models
listed in subdivision (a), regardless of the manufacturer.
   30515.  (a) Notwithstanding Section 30510, "assault weapon" also
means any of the following:
   (1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:
   (A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
   (B) A thumbhole stock.
   (C) A folding or telescoping stock.
   (D) A grenade launcher or flare launcher.
   (E) A flash suppressor.
   (F) A forward pistol grip.
   (2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
   (3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.
   (4) A semiautomatic pistol that has the capacity to accept a
detachable magazine and any one of the following:
   (A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
   (B) A second handgrip.
   (C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning the bearer's hand, except a slide that encloses the
barrel.
   (D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
   (5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.
   (6) A semiautomatic shotgun that has both of the following:
   (A) A folding or telescoping stock.
   (B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
   (7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
   (8) Any shotgun with a revolving cylinder.
   (b) The Legislature finds a significant public purpose in
exempting from the definition of "assault weapon" pistols that are
designed expressly for use in Olympic target shooting events.
Therefore, those pistols that are sanctioned by the International
Olympic Committee and by USA Shooting, the national governing body
for international shooting competition in the United States, and that
were used for Olympic target shooting purposes as of January 1,
2001, and that would otherwise fall within the definition of "assault
weapon" pursuant to this section are exempt, as provided in
subdivision (c).
   (c) "Assault weapon" does not include either of the following:
   (1) Any antique firearm.
   (2) Any of the following pistols, because they are consistent with
the significant public purpose expressed in subdivision (b):
MANUFACTURER        MODEL           CALIBER
BENELLI             MP90            .22LR
BENELLI             MP90            .32 S&W LONG
BENELLI             MP95            .22LR
BENELLI             MP95            .32 S&W LONG
HAMMERLI            280             .22LR
HAMMERLI            280             .32 S&W LONG
HAMMERLI            SP20            .22LR
HAMMERLI            SP20            .32 S&W LONG
PARDINI             GPO             .22 SHORT
PARDINI             GP-SCHUMANN     .22 SHORT
PARDINI             HP              .32 S&W LONG
PARDINI             MP              .32 S&W LONG
PARDINI             SP              .22LR
PARDINI             SPE             .22LR
WALTHER             GSP             .22LR
WALTHER             GSP             .32 S&W LONG
WALTHER             OSP             .22 SHORT
WALTHER             OSP-2000        .22 SHORT


   (3) The Department of Justice shall create a program that is
consistent with the purposes stated in subdivision (b) to exempt new
models of competitive pistols that would otherwise fall within the
definition of "assault weapon" pursuant to this section from being
classified as an assault weapon. The exempt competitive pistols may
be based on recommendations by USA Shooting consistent with the
regulations contained in the USA Shooting Official Rules or may be
based on the recommendation or rules of any other organization that
the department deems relevant.
   30520.  (a) The Attorney General shall prepare a description for
identification purposes, including a picture or diagram, of each
assault weapon listed in Section 30510, and any firearm declared to
be an assault weapon pursuant to former Section 12276.5, as it read
in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of
Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of
the Statutes of 1991, and shall distribute the description to all law
enforcement agencies responsible for enforcement of this chapter.
Those law enforcement agencies shall make the description available
to all agency personnel.
   (b) (1) Until January 1, 2007, the Attorney General shall
promulgate a list that specifies all firearms designated as assault
weapons in former Section 12276, as it read in Section 2 of Chapter
954 of the Statutes of 1991, Section 134 of Chapter 427 of the
Statutes of 1992, or Section 19 of Chapter 606 of the Statutes of
1993, or declared to be assault weapons pursuant to former Section
12276.5, as it read in Section 3 of Chapter 19 of the Statutes of
1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3
of Chapter 954 of the Statutes of 1991. The Attorney General shall
file that list with the Secretary of State for publication in the
California Code of Regulations. Any declaration that a specified
firearm is an assault weapon shall be implemented by the Attorney
General who, within 90 days, shall promulgate an amended list which
shall include the specified firearm declared to be an assault weapon.
The Attorney General shall file the amended list with the Secretary
of State for publication in the California Code of Regulations. Any
firearm declared to be an assault weapon prior to January 1, 2007,
shall remain on the list filed with the Secretary of State.
   (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, pertaining to the
adoption of rules and regulations, shall not apply to any list of
assault weapons promulgated pursuant to this section.
   (c) The Attorney General shall adopt those rules and regulations
that may be necessary or proper to carry out the purposes and intent
of this chapter.
   30525.  As used in this part, ".50 BMG cartridge" means a
cartridge that is designed and intended to be fired from a center
fire rifle and that meets all of the following criteria:
   (a) It has an overall length of 5.54 inches from the base to the
tip of the bullet.
   (b) The bullet diameter for the cartridge is from .510 to, and
including, .511 inch.
   (c) The case base diameter for the cartridge is from .800 inch to,
and including, .804 inch.
   (d) The cartridge case length is 3.91 inches.
   30530.  (a) As used in this part, ".50 BMG rifle" means a center
fire rifle that can fire a .50 BMG cartridge and is not already an
assault weapon or a machinegun.
   (b) A ".50 BMG rifle" does not include any antique firearm, nor
any curio or relic as defined in Section 478.11 of Title 27 of the
Code of Federal Regulations.

      Article 2.  Unlawful Acts Relating to Assault Weapons and .50
BMG Rifles


   30600.  (a) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
   (b) In addition and consecutive to the punishment imposed under
subdivision (a), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
subdivision (a) shall receive an enhancement of one year.
   (c) Except in the case of a first violation involving not more
than two firearms as provided in Sections 30605 and 30610, for
purposes of this article, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this article, there shall be a
distinct and separate offense for each.
   30605.  (a) Any person who, within this state, possesses any
assault weapon, except as provided in this chapter, shall be punished
by imprisonment in a county jail for a period not exceeding one
year, or by imprisonment in the state prison.
   (b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30945 and the person meets all of
the following conditions:
   (1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon.

   (2) The person has not previously been convicted of a violation of
this article.
   (3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to Section 30900.
   (4) The person relinquished the firearm pursuant to Section 31100,
in which case the assault weapon shall be destroyed pursuant to
Sections 18000 and 18005.
   30610.  (a) Any person who, within this state, possesses any .50
BMG rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
   (b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30905 and the person satisfies
all of the following conditions:
   (1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
   (2) The person has not previously been convicted of a violation of
this article.
   (3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to Section 30905.
   (c) Firearms seized pursuant to this section from persons who meet
all of the conditions in paragraphs (1), (2), and (3) of subdivision
(b) shall be returned unless the court finds in the interest of
public safety, after notice and hearing, that the .50 BMG rifle
should be destroyed pursuant to Sections 18000 and 18005. Firearms
seized from persons who do not meet the conditions set forth in
paragraphs (1), (2), and (3) of subdivision (b) shall be destroyed
pursuant to Sections 18000 and 18005.
   30615.  Notwithstanding Section 654 or any other provision of law,
any person who commits another crime while violating this article
may receive an additional, consecutive punishment of one year for
violating this article, in addition and consecutive to the
punishment, including enhancements, which is prescribed for the other
crime.
   30620.  As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
   (a) The effective date of an amendment to Section 30510 or to
former Section 12276 that adds the designation of the specified
firearm.
   (b) The effective date of the list promulgated pursuant to former
Section 12276.5, as that section read in Section 3 of Chapter 954 of
the Statutes of 1991, which adds or changes the designation of the
specified firearm.
   (c) January 1, 2000, which was the operative date of former
Section 12276.1, as enacted by Section 7 of Chapter 129 of the
Statutes of 1999.
   30625.  Sections 30600, 30605, and 30610 shall not apply to the
sale to, purchase by, importation of, or possession of assault
weapons or a .50 BMG rifle by the Department of Justice, police
departments, sheriffs' offices, marshals' offices, the Department of
Corrections and Rehabilitation, the Department of the California
Highway Patrol, district attorneys' offices, the Department of Fish
and Game, the Department of Parks and Recreation, or the military or
naval forces of this state or of the United States, or any federal
law enforcement agency for use in the discharge of their official
duties.
   30630.  (a) Sections 30605 and 30610 shall not prohibit the
possession or use of assault weapons or a .50 BMG rifle by sworn
peace officer members of those agencies specified in Section 30625
for law enforcement purposes, whether on or off duty.
   (b) (1) Sections 30600, 30605, and 30610 shall not prohibit the
sale, delivery, or transfer of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in Section 30625 if
the peace officer is authorized by the officer's employer to possess
or receive the assault weapon or the .50 BMG rifle. Required
authorization is defined as verifiable written certification from the
head of the agency, identifying the recipient or possessor of the
assault weapon as a peace officer and authorizing that person to
receive or possess the specific assault weapon.
   (2) For this exemption to apply, in the case of a peace officer
who possesses or receives the assault weapon prior to January 1,
2002, the officer shall register the assault weapon on or before
April 1, 2002, pursuant to former Section 12285, as it read at any
time from when it was enacted by Section 3 of Chapter 19 of the
Statutes of 1989, to and including when it was amended by Section 9
of Chapter 129 of the Statutes of 1999. In the case of a peace
officer who possesses or receives the assault weapon on or after
January 1, 2002, the officer shall, not later than 90 days after
possession or receipt, register the assault weapon pursuant to
Article 5 (commencing with Section 30900), or pursuant to former
Section 12285, as it read at any time from when it was amended by
Section 9 of Chapter 129 of the Statutes of 1999 to when it was
repealed by the Deadly Weapons Recodification Act of 2010. In the
case of a peace officer who possesses or receives a .50 BMG rifle on
or before January 1, 2005, the officer shall register the .50 BMG
rifle on or before April 30, 2006. In the case of a peace officer who
possesses or receives a .50 BMG rifle after January 1, 2005, the
officer shall register the .50 BMG rifle not later than one year
after possession or receipt.
   (3) With the registration, the peace officer shall include a copy
of the authorization required pursuant to this subdivision.
   (c) Nothing in this article shall be construed to limit or
prohibit the sale, delivery, or transfer of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
   30635.  Section 30605 shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to former Section
12276.5, as that section read in Section 3 of Chapter 19 of the
Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990,
or Section 3 of Chapter 954 of the Statutes of 1991, or during the
one-year period after the date it was defined as an assault weapon
pursuant to former Section 12276.1, as that section read at any time
from when it was enacted by Section 7 of Chapter 129 of the Statutes
of 1999 to when it was repealed by the Deadly Weapons Recodification
Act of 2010, if all of the following are applicable:
   (a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register the
particular assault weapon.
   (b) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
former Section 12276.5, or prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1.
   (c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
   30640.  Section 30610 shall not apply to the possession of a .50
BMG rifle, which was not defined or specified as an assault weapon
pursuant to the then-applicable version of the former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 that was added
to this code by Section 3 of Chapter 19 of the Statutes of 1989, by
any person prior to May 1, 2006, if all of the following are
applicable:
   (a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register that
.50 BMG rifle.
   (b) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
   (c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
   30645.  Sections 30600, 30605, and 30610 shall not apply to the
manufacture by any person who is issued a permit pursuant to Section
31005 of assault weapons or .50 BMG rifles for sale to the following:

   (a) Exempt entities listed in Section 30625.
   (b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
   (c) Federal military and law enforcement agencies.
   (d) Law enforcement and military agencies of other states.
   (e) Foreign governments and agencies approved by the United States
State Department.
   (f) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in subdivisions (c) to (e), inclusive.
   30650.  Sections 30600, 30605, and 30610 shall not apply to the
sale of assault weapons or .50 BMG rifles by persons who are issued
permits pursuant to Section 31005 to any of the following:
   (a) Exempt entities listed in Section 30625.
   (b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
   (c) Federal military and law enforcement agencies.
   (d) Law enforcement and military agencies of other states.
   (e) Foreign governments and agencies approved by the United States
State Department.
   (f) Officers described in Section 30630 who are authorized to
possess assault weapons or .50 BMG rifles pursuant to Section 30630.
   30655.  (a) Section 30600 shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630 that is disposed of as authorized by the probate court,
if the disposition is otherwise permitted by this chapter.
   (b) Sections 30605 and 30610 shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630, if the assault weapon or .50 BMG rifle is possessed at
a place set forth in subdivision (a) of Section 30945 or as
authorized by the probate court.
   30660.  (a) Section 30600 shall not apply to a person who lawfully
possesses and has registered an assault weapon or .50 BMG rifle
pursuant to this chapter who lends that assault weapon or .50 BMG
rifle to another person, if all the following requirements are
satisfied:
   (1) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not prohibited by state or federal
law from possessing, receiving, owning, or purchasing a firearm.
   (2) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
   (3) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
   (A) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
   (B) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
   (C) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
   (b) Section 30600 shall not apply to the return of an assault
weapon or .50 BMG rifle to the registered possessor, or the lawful
possessor, which is lent by that registered or lawful possessor
pursuant to subdivision (a).
   (c) Sections 30605 and 30610 shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (a).
   30665.  Sections 30600, 30605, and 30610 shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
   (a) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
   (b) The competition or match is conducted on the premises of one
of the following:
   (1) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
   (2) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
   (c) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
   (d) The assault weapon or .50 BMG rifle is transported in
accordance with Section 25610 or Article 3 (commencing with Section
25505) of Chapter 2 of Division 5.
   (e) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
   30670.  (a) Section 30600 shall not apply to the importation into
this state of an assault weapon or a .50 BMG rifle by the registered
owner of that assault weapon or a .50 BMG rifle if it is in
accordance with the provisions of Section 30945.
   (b) Section 30600 shall not apply during the first 180 days of the
2005 calendar year to the importation into this state of a .50 BMG
rifle by a person who lawfully possessed that .50 BMG rifle in this
state prior to January 1, 2005.
   30675.  (a) Sections 30605 and 30610 shall not apply to any of the
following persons:
   (1) A person acting in accordance with Section 31000 or 31005.
   (2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 31000 or 31005 when that
person is acting in accordance with Section 31000 or 31005 or Article
5 (commencing with Section 30900).
   (b) Sections 30600, 30605, and 30610 shall not apply to any of the
following persons:
   (1) A person acting in accordance with Article 5 (commencing with
Section 30900).
   (2) A person acting in accordance with Section 31000, 31005,
31050, or 31055.
   (c) Sections 30605 and 30610 shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with Section 30945.

      Article 3.  SKS Rifles


   30710.  Notwithstanding paragraph (11) of subdivision (a) of
Section 30510, an "SKS rifle" under this article means all SKS rifles
commonly referred to as "SKS Sporter" versions, manufactured to
accept a detachable AK-47 magazine and imported into this state and
sold by a licensed gun dealer, or otherwise lawfully possessed in
this state by a resident of this state who is not a licensed gun
dealer, between January 1, 1992, and December 19, 1997.
   30715.  (a) (1) Any person who, or firm, company, or corporation
that operated a retail or other commercial firm, company, or
corporation, and manufactured, distributed, transported, imported,
possessed, possessed for sale, offered for sale, or transferred, for
commercial purpose, an SKS rifle in California between January 1,
1992, and December 19, 1997, shall be immune from criminal
prosecution under Article 2 (commencing with Section 30600) or former
Section 12280.
   (2) The immunity provided in this subdivision shall apply
retroactively to any person who, or firm, company, or corporation
that, is or was charged by complaint or indictment with a violation
of former Section 12280 for conduct related to an SKS rifle, whether
or not the case of that person, firm, company, or corporation is
final.
   (b) (1) Any person who possessed, gave, loaned, or transferred an
SKS rifle in California between January 1, 1992, and December 19,
1997, shall be immune from criminal prosecution under Article 2
(commencing with Section 30600) or former Section 12280.
   (2) The immunity provided in this subdivision shall apply
retroactively to any person who was charged by complaint or
indictment with a violation of former Section 12280 for conduct
related to an SKS rifle, whether or not the case of that person is
final.
   (c) Any SKS rifle in the possession of any person who, or firm,
company, or corporation that, is described in subdivision (a) or (b),
shall not be subject to seizure by law enforcement for violation of
Article 2 (commencing with Section 30600) or former Section 12280
prior to January 1, 2000.
                                           (d) Any person, firm,
company, or corporation, convicted under former Section 12280 for
conduct relating to an SKS rifle, shall be permitted to withdraw a
plea of guilty or nolo contendere, or to reopen the case and assert
the immunities provided in this article, if the court determines that
the allowance of the immunity is in the interests of justice. The
court shall interpret this article liberally to the benefit of the
defendant.
   (e) For purposes of this section, "former Section 12280" refers to
former Section 12280, as added by Section 3 of Chapter 19 of the
Statutes of 1989 or as subsequently amended.
   30720.  (a) Any person, firm, company, or corporation that is in
possession of an SKS rifle shall do one of the following on or before
January 1, 2000:
   (1) Relinquish the SKS rifle to the Department of Justice pursuant
to subdivision (h) of former Section 12281.
   (2) Relinquish the SKS rifle to a law enforcement agency pursuant
to former Section 12288, as added by Section 3 of Chapter 19 of the
Statutes of 1989.
   (3) Dispose of the SKS rifle as permitted by former Section 12285,
as it read in Section 20 of Chapter 23 of the Statutes of 1994.
   (b) Any person who has obtained title to an SKS rifle by bequest
or intestate succession shall be required to comply with paragraph
(1) or (2) of subdivision (a) unless that person otherwise complies
with paragraph (1) of subdivision (b) of former Section 12285, as it
read in Section 20 of Chapter 23 of the Statutes of 1994, or as
subsequently amended.
   (c) Any SKS rifle relinquished to the department pursuant to this
section shall be in a manner prescribed by the department.
   30725.  (a) Any person who complies with Section 30720 shall be
exempt from the prohibitions set forth in Section 30600 or 30605 for
those acts by that person associated with complying with the
requirements of Section 30720.
   (b) Failure to comply with Section 30720 is a public offense
punishable by imprisonment in the state prison, or in a county jail,
not exceeding one year.
   30730.  (a) (1) The department shall purchase any SKS rifle
relinquished pursuant to Section 30720 from funds appropriated for
this purpose by the act amending former Section 12281 in the 1997-98
Regular Session of the Legislature or by subsequent budget acts or
other legislation.
   (2) The department shall adopt regulations for this purchase
program that include, but are not limited to, the manner of delivery,
the reimbursement to be paid, and the manner in which persons shall
be informed of the state purchase program.
   (3) Any person who relinquished possession of an SKS rifle to a
law enforcement agency pursuant to any version of former Section
12288 prior to the effective date of the purchase program set forth
in paragraph (1) shall be eligible to be reimbursed from the purchase
program. The procedures for reimbursement pursuant to this paragraph
shall be part of the regulations adopted by the department pursuant
to paragraph (2).
   (b) In addition to the regulations required pursuant to
subdivision (a), emergency regulations for the purchase program
described in subdivision (a) shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
   30735.  (a) The Department of Justice shall notify all district
attorneys on or before January 31, 1999, of the provisions of former
Section 12281.
   (b) The department shall identify all criminal prosecutions in the
state for conduct related to SKS rifles on or before April 1, 1999.
In all cases so identified by the Attorney General, the district
attorneys shall inform defense counsel, or the defendant if the
defendant is in propria persona, in writing, of the provisions of
former Section 12281 on or before May 1, 1999.
   (c) Commencing no later than January 1, 1999, the department shall
conduct a public education and notification program as described in
Section 31115 or in former Section 12289, as added by Section 6 of
Chapter 954 of the Statutes of 1991 or as subsequently amended.

      Article 4.  Assault Weapon or .50 BMG Rifle Constituting
Nuisance


   30800.  (a) (1) Except as provided in Article 2 (commencing with
Section 30600), possession of any assault weapon or of any .50 BMG
rifle in violation of this chapter is a public nuisance, solely for
purposes of this section and subdivision (c) of Section 18005.
   (2) The Attorney General, any district attorney, or any city
attorney, may, in lieu of criminal prosecution, bring a civil action
or reach a civil compromise in any superior court to enjoin the
possession of the assault weapon or .50 BMG rifle that is a public
nuisance.
   (b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
   (c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
   (d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (c) of Section 18005.

      Article 5.  Registration of Assault Weapons and .50 BMG Rifles
and Related Rules


   30900.  (a) Any person who, prior to June 1, 1989, lawfully
possessed an assault weapon, as defined in former Section 12276, as
added by Section 3 of Chapter 19 of the Statutes of 1989, shall
register the firearm by January 1, 1991, and any person who lawfully
possessed an assault weapon prior to the date it was specified as an
assault weapon pursuant to former Section 12276.5, as added by
Section 3 of Chapter 19 of the Statutes of 1989 or as amended by
Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of
Chapter 954 of the Statutes of 1991, shall register the firearm
within 90 days with the Department of Justice pursuant to those
procedures that the department may establish.
   (b) Except as provided in Section 30600, any person who lawfully
possessed an assault weapon prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1, as it read in
Section 7 of Chapter 129 of the Statutes of 1999, and which was not
specified as an assault weapon under former Section 12276, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, or former Section 12276.5, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, shall register the firearm by
January 1, 2001, with the department pursuant to those procedures
that the department may establish.
   (c) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
full name, address, date of birth, and thumbprint of the owner, and
any other information that the department may deem appropriate.
   (d) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the actual
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall increase at a rate not to exceed the legislatively
approved annual cost-of-living adjustment for the department's
budget or as otherwise increased through the Budget Act. The fees
shall be deposited into the Dealers' Record of Sale Special Account.
   30905.  (a) Except as provided in Section 30600, any person who
lawfully possesses any .50 BMG rifle prior to January 1, 2005, that
is not specified as an assault weapon under former Section 12276, as
it reads in Section 19 of Chapter 606 of the Statutes of 1993, or
former Section 12276.5, as it reads in Section 3 of Chapter 954 of
the Statutes of 1991, or defined as an assault weapon pursuant to
former Section 12276.1, as it reads in Section 3 of Chapter 911 of
the Statutes of 2002, shall register the .50 BMG rifle with the
department no later than April 30, 2006, pursuant to those procedures
that the department may establish.
   (b) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
full name, address, date of birth, and thumbprint of the owner, and
any other information that the department may deem appropriate.
   (c) The department may charge a fee for registration of
twenty-five dollars ($25) per person to cover the actual processing
and public education campaign costs of the department. The fees shall
be deposited into the Dealers' Record of Sale Special Account.
Data-processing costs associated with modifying the department's data
system to accommodate .50 caliber BMG rifles shall not be paid from
the Dealers' Record of Sale Special Account.
   30910.  Except as provided in Section 30925, no assault weapon
possessed pursuant to this article may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer or as provided in Section 31100.
   30915.  Any person who obtains title to an assault weapon
registered under this article or that was possessed pursuant to
subdivision (a) of Section 30630 by bequest or intestate succession
shall, within 90 days, do one or more of the following:
   (a) Render the weapon permanently inoperable.
   (b) Sell the weapon to a licensed gun dealer.
   (c) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
   (d) Remove the weapon from this state.
   30920.  (a) Any person who lawfully possessed a firearm
subsequently declared to be an assault weapon pursuant to former
Section 12276.5, as it reads in Section 3 of Chapter 19 of the
Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990,
or Section 3 of Chapter 954 of the Statutes of 1991, or subsequently
defined as an assault weapon pursuant to former Section 12276.1, as
that section read at any time from when it was enacted by Section 7
of Chapter 129 of the Statutes of 1999 to when it was repealed by the
Deadly Weapons Recodification Act of 2010, shall, within 90 days, do
one or more of the following:
   (1) Render the weapon permanently inoperable.
   (2) Sell the weapon to a licensed gun dealer.
   (3) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
   (4) Remove the weapon from this state.
   (b) Notwithstanding subdivision (a), a person who lawfully
possessed a firearm that was subsequently declared to be an assault
weapon pursuant to former Section 12276.5 may alternatively register
the firearm within 90 days of the declaration issued pursuant to
subdivision (f) of former Section 12276.5, as it reads in Section 3
of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of
the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of
1991.
   30925.  A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
   (a) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
   (b) The person shall cause the assault weapon to be delivered to a
licensed gun dealer in this state in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto. If the person obtains a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 32650) of Chapter 6, the
dealer shall redeliver that assault weapon to the person. If the
licensed gun dealer is prohibited from delivering the assault weapon
to a person pursuant to this section, the dealer shall possess or
dispose of the assault weapon as allowed by this chapter.
   30930.  Except as provided in Section 30940, no .50 BMG rifle
possessed pursuant to this article may be sold or transferred on or
after January 1, 2005, to anyone within this state other than to a
licensed gun dealer or as provided in Section 31100.
   30935.  Any person who obtains title to a .50 BMG rifle registered
under this article or that was possessed pursuant to subdivision (a)
of Section 30630 by bequest or intestate succession shall, within
180 days of receipt, do one or more of the following:
   (a) Render the weapon permanently inoperable.
   (b) Sell the weapon to a licensed gun dealer.
   (c) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
   (d) Remove the weapon from this state.
   30940.  A person moving into this state, otherwise in lawful
possession of a .50 BMG rifle, shall do one of the following:
   (a) Prior to bringing the .50 BMG rifle into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
   (b) The person shall cause the .50 BMG rifle to be delivered to a
licensed gun dealer in this state in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto. If the person obtains a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 32650) of Chapter 6, the
dealer shall redeliver that .50 BMG rifle to the person. If the
licensed gun dealer is prohibited from delivering the .50 caliber BMG
rifle to a person pursuant to this section, the dealer shall dispose
of the .50 BMG rifle as allowed by this chapter.
   30945.  Unless a permit allowing additional uses is first obtained
under Section 31000, a person who has registered an assault weapon
or registered a .50 BMG rifle under this article may possess it only
under any of the following conditions:
   (a) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
   (b) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
   (c) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
   (d) While on the premises of a shooting club that is licensed
pursuant to the Fish and Game Code.
   (e) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
   (f) While on publicly owned land, if the possession and use of a
firearm described in Section 30510, 30515, 30520, or 30530, is
specifically permitted by the managing agency of the land.
   (g) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this section, or to any licensed gun
dealer, for servicing or repair pursuant to Section 31050, if the
assault weapon is transported as required by Sections 16850 and
25610.
   30950.  No person who is under the age of 18 years, and no person
who is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm, may register or possess an assault
weapon or .50 BMG rifle.
   30955.  The department's registration procedures shall provide the
option of joint registration for any assault weapon or .50 BMG rifle
owned by family members residing in the same household.
   30960.  (a) For 90 days following January 1, 1992, a forgiveness
period shall exist to allow any person specified in subdivision (b)
of former Section 12280, as it reads in Section 4.5 of Chapter 954 of
the Statutes of 1991, to register with the Department of Justice any
assault weapon that the person lawfully possessed prior to June 1,
1989.
   (b) (1) Any person who registers an assault weapon during the
90-day forgiveness period described in subdivision (a), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of former Section 12280,
as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
subsequently amended, if law enforcement becomes aware of that
violation only as a result of the registration of the assault weapon.

   (2) This section shall have no effect upon any person charged
prior to January 1, 1992, with a violation of subdivision (b) of
former Section 12280 as added by Section 3 of Chapter 19 of the
Statutes of 1989 or as subsequently amended, provided that law
enforcement was aware of the violation before the weapon was
registered.
   30965.  (a) Any person who registered a firearm as an assault
weapon pursuant to the provisions of law in effect prior to January
1, 2000, where the assault weapon is thereafter defined as an assault
weapon pursuant to Section 30515 or former Section 12276.1, as that
section read at any time from when it was enacted by Section 7 of
Chapter 129 of the Statutes of 1999 to when it was repealed by the
Deadly Weapons Recodification Act of 2010, shall be deemed to have
registered the weapon for purposes of this chapter and shall not be
required to reregister the weapon pursuant to this article.
   (b) Any person who legally registered a firearm as an assault
weapon pursuant to the provisions of law in effect prior to January
1, 2005, where the assault weapon is thereafter defined as a .50
caliber BMG rifle pursuant to Section 30530 or former Section 12278,
shall be deemed to have registered the weapon for purposes of this
chapter and shall not be required to reregister the weapon pursuant
to this article.

      Article 6.  Permits for Assault Weapons and .50 BMG Rifles


   31000.  (a) Any person who lawfully acquired an assault weapon
before June 1, 1989, or a .50 BMG rifle before January 1, 2005, and
wishes to use it in a manner different than specified in Section
30945 shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
   (b) Any person who lawfully acquired an assault weapon between
June 1, 1989, and January 1, 1990, and wishes to keep it after
January 1, 1990, shall first obtain a permit from the Department of
Justice in the same manner as specified in Article 3 (commencing with
Section 32650) of Chapter 6.
   (c) Any person who wishes to acquire an assault weapon after
January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
first obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
   31005.  (a) The Department of Justice may, upon a finding of good
cause, issue permits for the manufacture or sale of assault weapons
or .50 BMG rifles for the sale to, purchase by, or possession of
assault weapons or .50 BMG rifles by, any of the following:
   (1) The agencies listed in Section 30625, and the officers
described in Section 30630.
   (2) Entities and persons who have been issued permits pursuant to
this section or Section 31000.
   (3) Federal law enforcement and military agencies.
   (4) Law enforcement and military agencies of other states.
   (5) Foreign governments and agencies approved by the United States
State Department.
   (6) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (3) to (5), inclusive.
   (b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section 32650)
of Chapter 6.

      Article 7.  Licensed Gun Dealers


   31050.  (a) Any licensed gun dealer may take possession of any
assault weapon or .50 BMG rifle for the purposes of servicing or
repair from any person to whom it is legally registered or who has
been issued a permit to possess it pursuant to this chapter.
   (b) Any licensed gun dealer may transfer possession of any assault
weapon or .50 BMG rifle received pursuant to subdivision (a), to a
gunsmith for purposes of accomplishing service or repair of that
weapon. A transfer is permissible only to the following persons:
   (1) A gunsmith who is in the dealer's employ.
   (2) A gunsmith with whom the dealer has contracted for gunsmithing
services.
   (c) In order for paragraph (2) of subdivision (b) to apply, the
gunsmith receiving the assault weapon or .50 BMG rifle shall hold all
of the following:
   (1) A dealer's license issued pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (2) Any business license required by a state or local governmental
entity.
   31055.  In addition to the uses allowed in Article 5 (commencing
with Section 30900), any licensed gun dealer who lawfully possesses
an assault weapon or .50 BMG rifle pursuant to Article 5 (commencing
with Section 30900) may do any of the following:
   (a) Transport the firearm between dealers or out of the state if
that person is permitted pursuant to the National Firearms Act. Any
transporting allowed by this section or Section 31050 shall be done
as required by Sections 16850 and 25610.
   (b) Display the firearm at any gun show licensed by a state or
local governmental entity.
   (c) Sell the firearm to a resident outside the state.
   (d) Sell the firearm to a person who has been issued a permit
pursuant to Section 31000.

      Article 8.  Miscellaneous Provisions


   31100.  Any individual may arrange in advance to relinquish an
assault weapon or a .50 BMG rifle to a police or sheriff's
department. The assault weapon or .50 BMG rifle shall be transported
in accordance with Sections 16850 and 25610.
   31105.  (a) No peace officer or dispatcher shall broadcast over a
police radio that an individual has registered, or has obtained a
permit to possess, an assault weapon or .50 BMG rifle pursuant to
this chapter, unless there exists a reason to believe in good faith
that one of the following conditions exist:
   (1) The individual has engaged, or may be engaged, in criminal
conduct.
   (2) The police are responding to a call in which the person
allegedly committing a criminal violation may gain access to the
assault weapon or .50 BMG rifle.
   (3) The victim, witness, or person who reported the alleged
criminal violation may be using the assault weapon or .50 BMG rifle
to hold the person allegedly committing the criminal violation, or
may be using the weapon in defense of self or another person.
   (b) This section shall not prohibit a peace officer or dispatcher
from broadcasting over a police radio that an individual has not
registered, or has not obtained a permit to possess, an assault
weapon or .50 BMG rifle pursuant to this chapter.
   (c) This section does not limit the transmission of an assault
weapon or a .50 BMG rifle ownership status via law enforcement
computers or any other medium that is legally accessible only to
peace officers or other authorized personnel.
   31110.  (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of assault weapons.
   (b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.
   31115.  (a) The Department of Justice shall conduct a public
education and notification program regarding the registration of
assault weapons and the definition of the weapons set forth in
Section 30515 and former Section 12276.1, as it read at any time from
when it was added by Section 7 of Chapter 129 of the Statutes of
1999 to when it was repealed by the Deadly Weapons Recodification Act
of 2010.
   (b) The public education and notification program shall include
outreach to local law enforcement agencies and utilization of public
service announcements in a variety of media approaches, to ensure
maximum publicity of the limited forgiveness period of the
registration requirement specified in subdivision (f) of former
Section 12285, as that subdivision read in Section 5 of Chapter 954
of the Statutes of 1991, and the consequences of nonregistration. The
department shall develop posters describing gunowners'
responsibilities under former Chapter 2.3 (commencing with Section
12275) of Title 2 of Part 4, as that chapter read when the
forgiveness period commenced on January 1, 1992, which shall be
posted in a conspicuous place in every licensed gun store in the
state during the forgiveness period.
   (c) For .50 BMG rifles, the department's education campaign shall
provide materials to dealers of .50 BMG rifles, and to recognized
national associations that specialize in .50 BMG rifles.
   (d) Any costs incurred by the Department of Justice to implement
this section, which cannot be absorbed by the department, shall be
funded from the Dealers' Record of Sale Special Account, as set forth
in Section 28235, or former Section 12076 as it read at any time
from when it was amended by Section 1.7 of Chapter 954 of the
Statutes of 1991 to when it was repealed by Section 12 of Chapter 606
of the Statutes of 1993, or former Section 12076 as it read at any
time from when it was enacted by Section 13 of Chapter 606 of the
Statutes of 1993 to when it was repealed by the Deadly Weapons
Recodification Act of 2010, upon appropriation by the Legislature.

          CHAPTER 3.  BODY ARMOR


   31310.  No body armor shall be acquired by the commissioner
pursuant to Section 2259.5 of the Vehicle Code unless, pursuant to
subdivision (a) of Section 31315, the Department of Justice has
certified the body armor.
   31315.  (a) Before a body armor may be purchased for use by state
peace officers, the Department of Justice, after consultation with
the Department of the California Highway Patrol, shall establish
minimum ballistic performance standards, and shall determine that the
armor satisfies those standards.
   (b) Only body armor that meets state requirements under
subdivision (a) for acquisition or purchase shall be eligible for
testing for certification under the ballistic performance standards
established by the Department of Justice.
   (c) Only body armor that is certified as acceptable by the
department shall be purchased for use by state peace officers.
   31320.  (a) Any person engaged in the manufacture or sale of body
armor may apply to the Department of Justice for certification that a
particular type of body armor manufactured or sold by that person is
acceptable.
   (b) The applicant shall reimburse the state for any actual
expenses incurred by the state in testing and certifying a particular
type of body armor.
   31325.  Any application submitted pursuant to Section 31320 shall
contain all of the following:
   (a) Full written reports of any investigation conducted for the
purpose of determining whether the body armor is acceptable.
   (b) A full written statement of the design of the body armor.
   (c) A full written statement of the methods used in, and the
facilities and controls used for, the manufacture of the body armor.
   (d) Any samples of the body armor and its components as the
Department of Justice may require.
   (e) Specimens of the instructions and advertisements used or
proposed to be used for the body armor.
   31330.  The Department of Justice, in cooperation with the office
of procurement of the Department of General Services, shall establish
a schedule for ballistic testing for certification pursuant to
subdivision (b) of Section 31315.
   31335.  The Department of Justice shall issue an order refusing to
certify a body armor as acceptable if, after due notice to the
applicant, the department finds any of the following:
   (a) That the body armor does not satisfy the ballistic performance
standards established by the department pursuant to subdivision (b)
of Section 31315.
   (b) That the application contains any misrepresentation of a
material fact.
   (c) That the application is materially incomplete.
   (d) That the applicant has failed to reimburse the state as
required by Section 31320.
   31340.  The Department of Justice shall issue an order revoking
certification of a body armor if, after due notice to the applicant,
the department finds any of the following:
   (a) The experience or additional testing show that the body armor
does not comply with the department's ballistic performance
standards.
   (b) The application contains any misrepresentation of a material
fact.
   (c) The body armor must be retested for certification under new
department standards.
   31345.  (a) All purchases of certified body armor under the
provisions of this chapter shall be made by the Department of General
Services on behalf of an authorized state agency or department.
Purchases of body armor shall be based upon written requests
submitted by an authorized state agency or department to the
Department of General Services.
   (b) The Department of General Services shall make certified body
armor available to peace officers of the Department of Justice, as
defined by Section 830.3, while engaged in law enforcement
activities.
   31350.  The Department of General Services shall, pursuant to
departmental regulation, after consultation with the Department of
the California Highway Patrol, define the term "enforcement
activities" for purposes of this chapter, and develop standards
regarding what constitutes sufficient wear on body armor to
necessitate replacement of the body armor.
   31355.  The Department of Justice shall adopt and promulgate
regulations for the fair and efficient enforcement of this chapter.
   31360.  (a) A person who has been convicted of a violent felony
under the laws of the United States, the State of California, or any
other state, government, or country, who purchases, owns, or
possesses body armor, as defined in Section 16288, except as
authorized under subdivision (b), is guilty of a felony, punishable
by imprisonment in a state prison for 16 months, or two or three
years.
   (b) A person whose employment, livelihood, or safety is dependent
on the ability to legally possess and use body armor, who is subject
to the prohibition imposed by subdivision (a) due to a prior violent
felony conviction, may file a petition for an exception to this
prohibition with the chief of police or county sheriff of the
jurisdiction in which that person seeks to possess and use the body
armor. The chief of police or sheriff may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
chief of police or sheriff deems appropriate, based on the following:

   (1) A finding that the petitioner is likely to use body armor in a
safe and lawful manner.
   (2) A finding that the petitioner has a reasonable need for this
type of protection under the circumstances.
   In making its decision, the chief of police or sheriff shall
consider the petitioner's continued employment, the interests of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that law
enforcement officials exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, this paragraph may not be construed to require
law enforcement officials to grant relief to any particular
petitioner. Relief from this prohibition does not relieve any other
person or entity from any liability that might otherwise be imposed.
   (c) The chief of police or sheriff shall require, as a condition
of granting an exception under subdivision (b), that the petitioner
agree to maintain on the petitioner's person a certified copy of the
law enforcement official's permission to possess and use body armor,
including any conditions or limitations.
   (d) Law enforcement officials who enforce the prohibition
specified in subdivision (a) against a person who has been granted
relief pursuant to subdivision (b), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in possession a certified copy of
the permission granting the person relief from the prohibition, as
required by subdivision (c). This immunity from liability does not
relieve any person or entity from any other liability that might
otherwise be imposed.
      CHAPTER 4.  HANDGUNS



      Article 1.  Unconventional Pistol


   31500.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any unconventional pistol is punishable by imprisonment
in a county jail not exceeding one year or in the state prison.
   31590.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any unconventional pistol is a
nuisance and is subject to Section 18010.

      Article 2.  Handgun Safety Certificate


   31610.  It is the intent of the Legislature in enacting this
article to require that persons who obtain handguns have a basic
familiarity with those firearms, including, but not limited to, the
safe handling and storage of those firearms. It is not the intent of
the Legislature to require a handgun safety certificate for the mere
possession of a firearm.
   31615.  (a) No person shall do either of the following:
   (1) Purchase or receive any handgun, except an antique firearm,
without a valid handgun safety certificate.
   (2) Sell, deliver, loan, or transfer any handgun, except an
antique firearm, to any person who does not have a valid handgun
safety certificate.
   (b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
   (c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.
   31620.  (a) No person may commit an act of collusion as specified
in Section 27550.
   (b) Any person who alters, counterfeits, or falsifies a handgun
safety certificate, or who uses or attempts to use any altered,
counterfeited, or falsified handgun safety certificate to purchase a
handgun is guilty of a misdemeanor.
   (c) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.
   31625.  (a) No certified instructor may issue a handgun safety
certificate to any person who has not complied with this article.
Proof of compliance shall be forwarded to the department by certified
instructors as frequently as the department may determine.
   (b) No certified instructor may issue a handgun safety certificate
to any person who is under 18 years of age.
   (c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue handgun
safety certificates.
   31630.  (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Sections 26700 to 26915, inclusive, who shall make it
available to the general public. Essential portions of the manual may
be included in the pamphlet described in Section 34205.
   (b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
   (c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the handgun safety certificate
instructional materials.
   31635.  (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all handgun safety
certificate instructors.
   (b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
   (1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
   (2) Director of Civilian Marksmanship, Instructor or Rangemaster.
   (3) Federal Government, Certified Rangemaster or Firearm
Instructor.
   (4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
   (5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer are not sufficient.
   (6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
   (7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
   (8) Authorization from a State of California accredited school to
teach a firearm training course.
   31640.  (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
   (b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
   (c) The test shall cover, but not be limited to, all of the
following:
   (1) The laws applicable to carrying and handling firearms,
particularly handguns.
   (2) The responsibilities of ownership of firearms, particularly
handguns.
   (3) Current law as it relates to the private sale and transfer of
firearms.
   (4) Current law as it relates to the permissible use of lethal
force.
   (5) What constitutes safe firearm storage.
   (6) Issues associated with bringing a handgun into the home.
   (7) Prevention strategies to address issues associated with
bringing firearms into the home.
   (d) The department shall update test materials related to this
article every five years.
   (e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to assure that no acts of collusion occur while the objective test is
being administered.
   31645.  (a) An applicant for a handgun safety certificate shall
successfully pass the objective test referred to in Section 31640,
with a passing grade of at least 75 percent. Any person receiving a
passing grade on the objective test shall immediately be issued a
handgun safety certificate by the instructor.
   (b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
   31650.  (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c).
   (b) An applicant to renew a handgun safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c).
   (c) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing the provisions listed in
subdivision (e), as determined annually by the department.
   (d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
   (e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
   (1) Section 830.95.
   (2) Title 2 (commencing with Section 12001) of Part 4.
   (3) This part, except Sections 16965, 17235, and 21510.
   31655.  (a) The department shall develop handgun safety
certificates to be issued by instructors certified by the department,
to those persons who have complied with this article.
   (b) A handgun safety certificate shall include, but not be limited
to, the following information:
   (1) A unique handgun safety certificate identification number.
   (2) The holder's full name.
   (3) The holder's date of birth.
   (4) The holder's driver's license or identification number.
   (5) The holder's signature.
   (6) The signature of the issuing instructor.
   (7) The date of issuance.
   (c) The handgun safety certificate shall expire five years after
the date that it was issued by the certified instructor.
   31660.  (a) In the case of loss or destruction of a handgun safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
   (b) The department may authorize the issuing instructor to charge
a fee not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund, created pursuant to
Section 28300.
   31665.  The department shall be immune from any liability arising
from implementing Sections 31630, 31635, 31640, and subdivision (a)
of Section 31655.
   31670.  Except for the provisions of former Section 12804, former
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, as added by Section 10 of Chapter 942 of the Statutes of
2001, became operative on January 1, 2003.

      Article 3.  Exceptions to Handgun Safety Certificate
Requirement


   31700.  (a) The following persons, properly identified, are
exempted from the handgun safety certificate requirement in
subdivision (a) of Section 31615:
   (1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
   (2) Any active or honorably retired federal officer or law
enforcement agent.
   (3) Any reserve peace officer, as defined in Section 832.6.
   (4) Any person who has successfully completed the course of
training specified in Section 832.
   (5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
   (6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
   (7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
   (8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
   (9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

   (10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
   (11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
   (12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
   (b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (a) of Section 31615:
   (1) The executor or administrator of an estate.
   (2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
   (3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (4) A receiver performing the functions of a receiver.
   (5) A trustee in bankruptcy performing the duties of a trustee.
   (6) An assignee for the benefit of creditors performing the
functions of an assignee.
   31705.  (a) Subdivision (a) of Section 31615 does not apply to any
sale, delivery, or transfer of firearms made to an authorized law
enforcement representative of any city, county, city and county, or
state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   31710.  Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following conditions are satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   31715.  (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   31720.  (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
   31725.  (a) Subdivision (a) of Section 31615 does not apply to a
sale, delivery, or transfer of firearms if both of the following
requirements are satisfied:
   (1) The sale, delivery, or transfer is to an authorized
representative of a city, city and county, county, or state
government, or of the federal government, and is for the governmental
entity.
   (2) The entity is acquiring the weapon as part of an authorized,
voluntary program in which the entity is buying or receiving weapons
from private individuals.
   (b) Any weapons acquired pursuant to this section shall be
disposed of pursuant to the applicable provisions of Section 34000 or
Sections 18000 and 18005.
   31730.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, loan, or transfer of a firearm made by an authorized
law enforcement representative of a city, county, city and county, or
state, or of the federal government, to any public or private
nonprofit historical society, museum, or institutional collection, or
the purchase or receipt of that firearm by that public or private
nonprofit historical society, museum, or institutional collection, if
all of the following conditions are met:
   (a) The entity receiving the firearm is open to the public.
   (b) The firearm prior to delivery is deactivated or rendered
inoperable.
   (c) The firearm is not subject to any of the following:
   (1) Sections 18000 and 18005.
   (2) Division 4 (commencing with Section 18250) of Title 2.
   (3) Section 34000.
   (4) Sections 34005 and 34010.
   (d) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
   (e) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions listed in
Section 16575 and, if applicable, Section 31615.
   (f) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, all of the following
information shall be reported to the department in a manner
prescribed by the department:
                            (1) The name of the government entity
delivering the firearm.
   (2) The make, model, serial number, and other identifying
characteristics of the firearm.
   (3) The name of the person authorized by the entity to take
possession of the firearm.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
   31735.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, loan, or transfer of a firearm made by any person
other than a representative of an authorized law enforcement agency
to any public or private nonprofit historical society, museum, or
institutional collection, if all of the following conditions are met:

   (a) The entity receiving the firearm is open to the public.
   (b) The firearm is deactivated or rendered inoperable prior to
delivery.
   (c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
   (d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
   (e) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that entity shall,
within 30 days of taking possession of that handgun, forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, which
includes all of the following information:
   (1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
   (2) Information on how title was obtained and from whom.
   (3) A description of the firearm in question.
   (4) A copy of the written statement referred to in subdivision
(d).
   (f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
   31740.  Subdivision (a) of Section 31615 does not apply to sales,
deliveries, or transfers of firearms between or to importers and
manufacturers of firearms licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   31745.  Subdivision (a) of Section 31615 shall not apply to the
sale, delivery, or transfer of a handgun to a person licensed
pursuant to Sections 26700 to 26915, inclusive, where the licensee is
receiving the handgun in the course and scope of the licensee's
activities as a person licensed pursuant to Sections 26700 to 26915,
inclusive.
   31750.  Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following conditions exist:
   (a) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
   (b) The loan is for a lawful purpose.
   (c) The loan does not exceed three days in duration.
   (d) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (e) The person loaning the firearm is 18 years of age or older.
   (f) The person being loaned the firearm is 18 years of age or
older.
   31755.  Subdivision (a) of Section 31615 does not apply to the
delivery of a firearm to a gunsmith for service or repair, or to the
return of the firearm to its owner by the gunsmith, or to the
delivery of a firearm by a gunsmith to a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code for service or repair and the return of the firearm to
the gunsmith.
   31760.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of firearms if all of the following
requirements are satisfied:
   (a) The sale, delivery, or transfer is made by a person who
resides in this state.
   (b) The sale, delivery, or transfer is made to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (c) The sale, delivery, or transfer is in accordance with Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.
   31765.  Subdivision (a) of Section 31615 does not apply to the
loan of a firearm to a person 18 years of age or older for the
purposes of shooting at targets if the loan occurs on the premises of
a target facility that holds a business or regulatory license or on
the premises of any club or organization organized for the purposes
of practicing shooting at targets upon established ranges, whether
public or private, if the firearm is at all times kept within the
premises of the target range or on the premises of the club or
organization.
   31770.  Subdivision (a) of Section 31615 does not apply to
deliveries, transfers, or returns of firearms made pursuant to any of
the following:
   (a) Sections 18000 and 18005.
   (b) Division 4 (commencing with Section 18250) of Title 2.
   (c) Chapter 2 (commencing with Section 33850) of Division 11.
   (d) Sections 34005 and 34010.
   31775.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of firearms if all of the following
conditions are satisfied:
   (a) The firearms are unloaded.
   (b) The firearms are not handguns.
   (c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
   31780.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of unloaded firearms by a dealer to a
person who resides outside this state and is licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   31785.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of unloaded firearms to a wholesaler if
the firearms are being returned to the wholesaler and are intended as
merchandise in the wholesaler's business.
   31790.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of firearms if all of the following
conditions are satisfied:
   (a) The firearms are unloaded.
   (b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
   (c) The firearms are intended as merchandise in the receiving
dealer's business.
   31795.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
   31800.  Subdivision (a) of Section 31615 does not apply to the
loan of an unloaded firearm by a dealer who also operates a target
facility that holds a business or regulatory license on the premises
of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
   31805.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of unloaded firearms to a wholesaler as
merchandise in the wholesaler's business by a manufacturer or
importer licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, or by another
wholesaler, if the sale, delivery, or transfer is made in accordance
with Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code.
   31810.  Subdivision (a) of Section 31615 does not apply to or
affect the following circumstances:
   (a) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
   (1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (b) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
   (1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
   (2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (4) The duration of the loan does not, in any event, exceed 10
days.
   31815.  Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following requirements are satisfied:

   (a) The loan is infrequent, as defined in Section 16730.
   (b) The firearm is unloaded.
   (c) The loan is made by a person who is neither a dealer nor a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (d) The loan is made to a person 18 years of age or older.
   (e) The loan is for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
   31820.  (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following requirements are
satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.
   31825.  (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following conditions are satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a dealer.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
   31830.  (a) Subdivision (a) of Section 31615 does not apply to the
loan of an unloaded firearm to a consultant-evaluator by a person
licensed pursuant to Sections 26700 to 26915, inclusive, if the loan
does not exceed 45 days from the date of delivery.
   (b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
   (1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
   (2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
   (3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
   (4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.

      Article 4.  "Unsafe Handgun" and Related Definitions


   31900.  As used in this part, the "drop safety requirement for
handguns" means that at the conclusion of the firing requirements for
handguns described in Section 31905, the same certified independent
testing laboratory shall subject the same three handguns of the make
and model for which certification is sought, to the following test:
   (a) A primed case (no powder or projectile) shall be inserted into
the chamber. For a pistol, the slide shall be released, allowing it
to move forward under the impetus of the recoil spring, and an empty
magazine shall be inserted. For both a pistol and a revolver, the
weapon shall be placed in a drop fixture capable of dropping the
pistol from a drop height of 1m + 1cm (39.4 + 0.4 in.) onto the
largest side of a slab of solid concrete having minimum dimensions of
7.5 x 15 x 15 cm (3 x 6 x 6 in.). The drop distance shall be
measured from the lowermost portion of the weapon to the top surface
of the slab. The weapon shall be dropped from a fixture and not from
the hand. The weapon shall be dropped in the condition that it would
be in if it were dropped from a hand (cocked with no manual safety
applied). If the pistol is designed so that upon leaving the hand a
"safety" is automatically applied by the pistol, this feature shall
not be defeated. An approved drop fixture is a short piece of string
with the weapon attached at one end and the other end held in an air
vise until the drop is initiated.
   (b) The following six drops shall be performed:
   (1) Normal firing position with barrel horizontal.
   (2) Upside down with barrel horizontal.
   (3) On grip with barrel vertical.
   (4) On muzzle with barrel vertical.
   (5) On either side with barrel horizontal.
   (6) If there is an exposed hammer or striker, on the rearmost
point of that device, otherwise on the rearmost point of the weapon.
   (c) The primer shall be examined for indentations after each drop.
If indentations are present, a fresh primed case shall be used for
the next drop.
   (d) The handgun shall pass this test if each of the three test
guns does not fire the primer.
   31905.  (a) As used in this part, "firing requirement for handguns"
means a test in which the manufacturer provides three handguns of
the make and model for which certification is sought to an
independent testing laboratory certified by the Attorney General
pursuant to Section 32010. These handguns may not be refined or
modified in any way from those that would be made available for
retail sale if certification is granted. The magazines of a tested
pistol shall be identical to those that would be provided with the
pistol to a retail customer.
   (b) The test shall be conducted as follows:
   (1) The laboratory shall fire 600 rounds from each gun, stopping
after each series of 50 rounds has been fired for 5 to 10 minutes to
allow the weapon to cool, stopping after each series of 100 rounds
has been fired to tighten any loose screws and clean the gun in
accordance with the manufacturer's instructions, and stopping as
needed to refill the empty magazine or cylinder to capacity before
continuing.
   (2) The ammunition used shall be of the type recommended by the
handgun manufacturer in the user manual, or if none is recommended,
any standard ammunition of the correct caliber in new condition that
is commercially available.
   (c) A handgun shall pass this test if each of the three test guns
meets both of the following:
   (1) Fires the first 20 rounds without a malfunction that is not
due to ammunition that fails to detonate.
   (2) Fires the full 600 rounds with no more than six malfunctions
that are not due to ammunition that fails to detonate and without any
crack or breakage of an operating part of the handgun that increases
the risk of injury to the user.
   (d) If a pistol or revolver fails the requirements of either
paragraph (1) or (2) of subdivision (c) due to ammunition that fails
to detonate, the pistol or revolver shall be retested from the
beginning of the "firing requirement for handguns" test. A new model
of the pistol or revolver that failed due to ammunition that fails to
detonate may be submitted for the test to replace the pistol or
revolver that failed.
   (e) As used in this section, "malfunction" means a failure to
properly feed, fire, or eject a round, or failure of a pistol to
accept or eject the magazine, or failure of a pistol's slide to
remain open after the magazine has been expended.
   31910.  As used in this part, "unsafe handgun" means any pistol,
revolver, or other firearm capable of being concealed upon the
person, for which any of the following is true:
   (a) For a revolver:
   (1) It does not have a safety device that, either automatically in
the case of a double-action firing mechanism, or by manual operation
in the case of a single-action firing mechanism, causes the hammer
to retract to a point where the firing pin does not rest upon the
primer of the cartridge.
   (2) It does not meet the firing requirement for handguns.
   (3) It does not meet the drop safety requirement for handguns.
   (b) For a pistol:
   (1) It does not have a positive manually operated safety device,
as determined by standards relating to imported guns promulgated by
the federal Bureau of Alcohol, Tobacco, and Firearms.
   (2) It does not meet the firing requirement for handguns.
   (3) It does not meet the drop safety requirement for handguns.
   (4) Commencing January 1, 2006, for a center fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
32015, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
   (5) Commencing January 1, 2007, for all center fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
32015, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
   (6) Commencing January 1, 2006, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
32015, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
   (7) (A) Commencing January 1, 2010, for all semiautomatic pistols
that are not already listed on the roster pursuant to Section 32015,
it is not designed and equipped with a microscopic array of
characters that identify the make, model, and serial number of the
pistol, etched or otherwise imprinted in two or more places on the
interior surface or internal working parts of the pistol, and that
are transferred by imprinting on each cartridge case when the firearm
is fired, provided that the Department of Justice certifies that the
technology used to create the imprint is available to more than one
manufacturer unencumbered by any patent restrictions.
   (B) The Attorney General may also approve a method of equal or
greater reliability and effectiveness in identifying the specific
serial number of a firearm from spent cartridge casings discharged by
that firearm than that which is set forth in this paragraph, to be
thereafter required as otherwise set forth by this paragraph where
the Attorney General certifies that this new method is also
unencumbered by any patent restrictions. Approval by the Attorney
General shall include notice of that fact via regulations adopted by
the Attorney General for purposes of implementing that method for
purposes of this paragraph.
   (C) The microscopic array of characters required by this section
shall not be considered the name of the maker, model, manufacturer's
number, or other mark of identification, including any distinguishing
number or mark assigned by the Department of Justice, within the
meaning of Sections 23900 and 23920.

      Article 5.  Rules Governing Unsafe Handguns


   32000.  (a) Commencing January 1, 2001, any person in this state
who manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or
lends any unsafe handgun shall be punished by imprisonment in a
county jail not exceeding one year.
   (b) This section shall not apply to any of the following:
   (1) The manufacture in this state, or importation into this state,
of any prototype pistol, revolver, or other firearm capable of being
concealed upon the person when the manufacture or importation is for
the sole purpose of allowing an independent laboratory certified by
the Department of Justice pursuant to Section 32010 to conduct an
independent test to determine whether that pistol, revolver, or other
firearm capable of being concealed upon the person is prohibited by
Sections 31900 to 32110, inclusive, and, if not, allowing the
department to add the firearm to the roster of pistols, revolvers,
and other firearms capable of being concealed upon the person that
may be sold in this state pursuant to Section 32015.
   (2) The importation or lending of a pistol, revolver, or other
firearm capable of being concealed upon the person by employees or
authorized agents of entities determining whether the weapon is
prohibited by this section.
   (3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
   (4) The sale or purchase of any pistol, revolver, or other firearm
capable of being concealed upon the person, if the pistol, revolver,
or other firearm is sold to, or purchased by, the Department of
Justice, any police department, any sheriff's official, any marshal's
office, the Youth and Adult Correctional Agency, the California
Highway Patrol, any district attorney's office, or the military or
naval forces of this state or of the United States for use in the
discharge of their official duties. Nor shall anything in this
section prohibit the sale to, or purchase by, sworn members of these
agencies of any pistol, revolver, or other firearm capable of being
concealed upon the person.
   (c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.
   32005.  (a) Every person who is licensed as a manufacturer of
firearms pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and who manufactures firearms in
this state shall certify under penalty of perjury and any other
remedy provided by law that every model, kind, class, style, or type
of pistol, revolver, or other firearm capable of being concealed upon
the person that the person manufactures is not an unsafe handgun as
prohibited by Sections 31900 to 32110, inclusive.
   (b) Every person who imports into the state for sale, keeps for
sale, or offers or exposes for sale any firearm shall certify under
penalty of perjury and any other remedy provided by law that every
model, kind, class, style, or type of pistol, revolver, or other
firearm capable of being concealed upon the person that the person
imports, keeps, or exposes for sale is not an unsafe handgun as
prohibited by Sections 31900 to 32110, inclusive.
   32010.  (a) Any pistol, revolver, or other firearm capable of
being concealed upon the person manufactured in this state, imported
into the state for sale, kept for sale, or offered or exposed for
sale, shall be tested within a reasonable period of time by an
independent laboratory certified pursuant to subdivision (b) to
determine whether that pistol, revolver, or other firearm capable of
being concealed upon the person meets or exceeds the standards
defined in Section 31910.
   (b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 31910. The department may charge any laboratory that is
seeking certification to test any pistol, revolver, or other firearm
capable of being concealed upon the person pursuant to Sections 31900
to 32110, inclusive, a fee not exceeding the costs of certification.

   (c) The certified testing laboratory shall, at the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
   (d) (1) Commencing January 1, 2006, no center-fire semiautomatic
pistol may be submitted for testing pursuant to Sections 31900 to
32110, inclusive, if it does not have either
                  a chamber load indicator, or a magazine disconnect
mechanism if it has a detachable magazine.
   (2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to Sections 31900 to
32110, inclusive, if it does not have both a chamber load indicator
and a magazine disconnect mechanism.
   (3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to Sections 31900 to 32110,
inclusive, if it has a detachable magazine, and does not have a
magazine disconnect mechanism.
   32015.  (a) On and after January 1, 2001, the Department of
Justice shall compile, publish, and thereafter maintain a roster
listing all of the pistols, revolvers, and other firearms capable of
being concealed upon the person that have been tested by a certified
testing laboratory, have been determined not to be unsafe handguns,
and may be sold in this state pursuant to this part. The roster shall
list, for each firearm, the manufacturer, model number, and model
name.
   (b) (1) The department may charge every person in this state who
is licensed as a manufacturer of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
and any person in this state who manufactures or causes to be
manufactured, imports into the state for sale, keeps for sale, or
offers or exposes for sale any pistol, revolver, or other firearm
capable of being concealed upon the person in this state, an annual
fee not exceeding the costs of preparing, publishing, and maintaining
the roster pursuant to subdivision (a) and the costs of research and
development, report analysis, firearms storage, and other program
infrastructure costs necessary to implement Sections 31900 to 32110,
inclusive.
   (2) Any pistol, revolver, or other firearm capable of being
concealed upon the person that is manufactured by a manufacturer who
manufactures or causes to be manufactured, imports into the state for
sale, keeps for sale, or offers or exposes for sale any pistol,
revolver, or other firearm capable of being concealed upon the person
in this state, and who fails to pay any fee required pursuant to
paragraph (1), may be excluded from the roster.
   (3) If a purchaser has initiated a transfer of a handgun that is
listed on the roster as not unsafe, and prior to the completion of
the transfer, the handgun is removed from the roster of not unsafe
handguns because of failure to pay the fee required to keep that
handgun listed on the roster, the handgun shall be deliverable to the
purchaser if the purchaser is not otherwise prohibited from
purchasing or possessing the handgun. However, if a purchaser has
initiated a transfer of a handgun that is listed on the roster as not
unsafe, and prior to the completion of the transfer, the handgun is
removed from the roster pursuant to subdivision (d) of Section 32020,
the handgun shall not be deliverable to the purchaser.
   32020.  (a) The Attorney General may annually retest up to 5
percent of the handgun models that are listed on the roster described
in subdivision (a) of Section 32015.
   (b) The retesting of a handgun model pursuant to subdivision (a)
shall conform to the following:
   (1) The Attorney General shall obtain from retail or wholesale
sources, or both, three samples of the handgun model to be retested.
   (2) The Attorney General shall select the certified laboratory to
be used for the retesting.
   (3) The ammunition used for the retesting shall be of a type
recommended by the manufacturer in the user manual for the handgun.
If the user manual for the handgun model makes no ammunition
recommendation, the Attorney General shall select the ammunition to
be used for the retesting. The ammunition shall be of the proper
caliber for the handgun, commercially available, and in new
condition.
   (c) The retest shall be conducted in the same manner as the
testing prescribed in Sections 31900 and 31905.
   (d) If the handgun model fails retesting, the Attorney General
shall remove the handgun model from the roster maintained pursuant to
subdivision (a) of Section 32015.
   32025.  A handgun model removed from the roster pursuant to
subdivision (d) of Section 32020 may be reinstated on the roster if
all of the following are met:
   (a) The manufacturer petitions the Attorney General for
reinstatement of the handgun model.
   (b) The manufacturer pays the Department of Justice for all of the
costs related to the reinstatement testing of the handgun model,
including the purchase price of the handguns, prior to reinstatement
testing.
   (c) The reinstatement testing of the handguns shall be in
accordance with subdivisions (b) and (c) of Section 32020.
   (d) The three handgun samples shall be tested only once for
reinstatement. If the sample fails it may not be retested.
   (e) If the handgun model successfully passes testing for
reinstatement, and if the manufacturer of the handgun is otherwise in
compliance with Sections 31900 to 32110, inclusive, the Attorney
General shall reinstate the handgun model on the roster maintained
pursuant to subdivision (a) of Section 32015.
   (f) The manufacturer shall provide the Attorney General with the
complete testing history for the handgun model.
   (g) Notwithstanding subdivision (a) of Section 32020, the Attorney
General may, at any time, further retest any handgun model that has
been reinstated to the roster.
   32030.  (a) A firearm shall be deemed to satisfy the requirements
of subdivision (a) of Section 32015 if another firearm made by the
same manufacturer is already listed and the unlisted firearm differs
from the listed firearm only in one or more of the following
features:
   (1) Finish, including, but not limited to, bluing, chrome-plating,
oiling, or engraving.
   (2) The material from which the grips are made.
   (3) The shape or texture of the grips, so long as the difference
in grip shape or texture does not in any way alter the dimensions,
material, linkage, or functioning of the magazine well, the barrel,
the chamber, or any of the components of the firing mechanism of the
firearm.
   (4) Any other purely cosmetic feature that does not in any way
alter the dimensions, material, linkage, or functioning of the
magazine well, the barrel, the chamber, or any of the components of
the firing mechanism of the firearm.
   (b) Any manufacturer seeking to have a firearm listed under this
section shall provide to the Department of Justice all of the
following:
   (1) The model designation of the listed firearm.
   (2) The model designation of each firearm that the manufacturer
seeks to have listed under this section.
   (3) A statement, under oath, that each unlisted firearm for which
listing is sought differs from the listed firearm only in one or more
of the ways identified in subdivision (a) and is in all other
respects identical to the listed firearm.
   (c) The department may, in its discretion and at any time, require
a manufacturer to provide to the department any model for which
listing is sought under this section, to determine whether the model
complies with the requirements of this section.

      Article 6.  Exceptions to Rules Governing Unsafe Handguns


   32100.  (a) Article 4 (commencing with Section 31900) and Article
5 (commencing with Section 32000) shall not apply to a single-action
revolver that has at least a five-cartridge capacity with a barrel
length of not less than three inches, and meets any of the following
specifications:
   (1) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
   (2) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled.
   (3) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled and that is currently approved for
importation into the United States pursuant to the provisions of
paragraph (3) of subsection (d) of Section 925 of Title 18 of the
United States Code.
   (b) Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to a single-shot
pistol with a barrel length of not less than six inches and that has
an overall length of at least 101/2 inches when the handle, frame or
receiver, and barrel are assembled.
   32105.  (a) The Legislature finds a significant public purpose in
exempting pistols that are designed expressly for use in Olympic
target shooting events. Therefore, those pistols that are sanctioned
by the International Olympic Committee and by USA Shooting, the
national governing body for international shooting competition in the
United States, and that were used for Olympic target shooting
purposes as of January 1, 2001, and that fall within the definition
of "unsafe handgun" pursuant to paragraph (3) of subdivision (b) of
Section 31910 shall be exempt, as provided in subdivisions (b) and
(c).
   (b) Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following pistols, because they are consistent with the significant
public purpose expressed in subdivision (a):
MANUFACTURER       MODEL             CALIBER
ANSCHUTZ           FP                .22LR
BENELLI            MP90              .22LR
BENELLI            MP90              .32 S&W LONG
BENELLI            MP95              .22LR
BENELLI            MP95              .32 S&W LONG
DRULOV             FP                .22LR
GREEN              ELECTROARM        .22LR
HAMMERLI           100               .22LR
HAMMERLI           101               .22LR
HAMMERLI           102               .22LR
HAMMERLI           162               .22LR
HAMMERLI           280               .22LR
HAMMERLI           280               .32 S&W LONG
HAMMERLI           FP10              .22LR
HAMMERLI           MP33              .22LR
HAMMERLI           SP20              .22LR
HAMMERLI           SP20              .32 S&W LONG
MORINI             CM102E            .22LR
MORINI             22M               .22LR
MORINI             32M               .32 S&W LONG
MORINI             CM80              ..22LR
PARDINI            GP                .22 SHORT
PARDINI            GPO               .22 SHORT
PARDINI            GP-SCHUMANN       .22 SHORT
PARDINI            HP                .32 S&W LONG
PARDINI            K22               .22LR
PARDINI            MP                .32 S&W LONG
PARDINI            PGP75             .22LR
PARDINI            SP                .22LR
PARDINI            SPE               .22LR
SAKO               FINMASTER         .22LR
STEYR              FP                .22LR
VOSTOK             IZH NO. 1         .22LR
VOSTOK             MU55              .22LR
VOSTOK             TOZ35             .22LR
WALTHER            FP                .22LR
WALTHER            GSP               .22LR
WALTHER            GSP               .32 S&W LONG
WALTHER            OSP               .22 SHORT
WALTHER            OSP-2000          .22
                                      SHORT


   (c) The department shall create a program that is consistent with
the purpose stated in subdivision (a) to exempt new models of
competitive firearms from Article 4 (commencing with Section 31900)
and Article 5 (commencing with Section 32000). The exempt competitive
firearms may be based on recommendations by USA Shooting consistent
with the regulations contained in the USA Shooting Official Rules or
may be based on the recommendation or rules of any other organization
that the department deems relevant.
   32110.  Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
   (a) The sale, loan, or transfer of any firearm pursuant to Chapter
5 (commencing with Section 28050) of Division 6 in order to comply
with Section 27545.
   (b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.
   (c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 32000.
   (d) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, for the purposes of the service
or repair of that firearm.
   (e) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Sections 26700 to 26915, inclusive, to its owner where that firearm
was initially delivered in the circumstances set forth in subdivision
(a), (d), (f), or (i).
   (f) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, for the purpose of a consignment
sale or as collateral for a pawnbroker loan.
   (g) The sale, loan, or transfer of any pistol, revolver, or other
firearm capable of being concealed upon the person listed as a curio
or relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
   (h) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
   (i) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, where the firearm is being loaned
by the licensee to a consultant-evaluator.
   (j) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Sections 26700 to 26915, inclusive, where the firearm is being loaned
by the licensee to a consultant-evaluator.
   (k) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, where it was initially delivered
pursuant to subdivision (j).
      CHAPTER 5.  LARGE-CAPACITY MAGAZINE



      Article 1.  Rules Governing Large-Capacity Magazines


   32310.  Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing January 1, 2000, any
person in this state who manufactures or causes to be manufactured,
imports into the state, keeps for sale, or offers or exposes for
sale, or who gives, or lends, any large-capacity magazine is
punishable by imprisonment in a county jail not exceeding one year or
in the state prison.
   32315.  Upon a showing that good cause exists, the Department of
Justice may issue permits for the possession, transportation, or sale
between a person licensed pursuant to Sections 26700 to 26915,
inclusive, and an out-of-state client, of large-capacity magazines.
   32390.  Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any large-capacity magazine is a
nuisance and is subject to Section 18010.

      Article 2.  Exceptions Relating Specifically to Large-Capacity
Magazines


   32400.  Section 32310 does not apply to the sale of, giving of,
lending of, importation into this state of, or purchase of, any
large-capacity magazine to or by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law, for use by agency employees in the discharge of their official
duties, whether on or off duty, and where the use is authorized by
the agency and is within the course and scope of their duties.
   32405.  Section 32310 does not apply to the sale to, lending to,
transfer to, purchase by, receipt of, or importation into this state
of, a large-capacity magazine by a sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who
is authorized to carry a firearm in the course and scope of that
officer's duties.
   32410.  Section 32310 does not apply to the sale or purchase of
any large-capacity magazine to or by a person licensed pursuant to
Sections 26700 to 26915, inclusive.
   32415.  Section 32310 does not apply to the loan of a lawfully
possessed large-capacity magazine between two individuals if all of
the following conditions are met:
   (a) The person being loaned the large-capacity magazine is not
prohibited by Chapter 1 (commencing with Section 29610), Chapter 2
(commencing with Section 29800), or Chapter 3 (commencing with
Section 29900) of Division 9 of this title or Section 8100 or 8103 of
the Welfare and Institutions Code from possessing firearms or
ammunition.
   (b) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited, and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
   32420.  Section 32310 does not apply to the importation of a
large-capacity magazine by a person who lawfully possessed the
large-capacity magazine in the state prior to January 1, 2000,
lawfully took it out of the state, and is returning to the state with
the same large-capacity magazine.
   32425.  Section 32310 does not apply to either of the following:
   (a) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Sections 26700 to 26915, inclusive, or to
a gunsmith, for the purposes of maintenance, repair, or modification
of that large-capacity magazine.
   (b) The return to its owner of any large-capacity magazine by a
person specified in subdivision (a).
   32430.  Section 32310 does not apply to the importation into this
state of, or sale of, any large-capacity magazine by a person who has
been issued a permit to engage in those activities pursuant to
Section 32315, when those activities are in accordance with the terms
and conditions of that permit.
   32435.  Section 32310 does not apply to any of the following:
   (a) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by any
entity that operates an armored vehicle business pursuant to the laws
of this state.
   (b) The lending of large-capacity magazines by an entity specified
in subdivision (a) to its authorized employees, while in the course
and scope of employment for purposes that pertain to the entity's
armored vehicle business.
   (c) The return of those large-capacity magazines to the entity
specified in subdivision (a) by those employees specified in
subdivision (b).
   32440.  Section 32310 does not apply to any of the following:
   (a) The manufacture of a large-capacity magazine for any federal,
state, county, city and county, or city agency that is charged with
the enforcement of any law, for use by agency employees in the
discharge of their official duties, whether on or off duty, and where
the use is authorized by the agency and is within the course and
scope of their duties.
   (b) The manufacture of a large-capacity magazine for use by a
sworn peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is authorized to carry a
firearm in the course and scope of that officer's duties.
   (c) The manufacture of a large-capacity magazine for export or for
sale to government agencies or the military pursuant to applicable
federal regulations.
   32445.  Section 32310 does not apply to the loan of a
large-capacity magazine for use solely as a prop for a motion
picture, television, or video production.
   32450.  Section 32310 does not apply to the purchase of a
large-capacity magazine by the holder of a special weapons permit
issued pursuant to Section 31000, 32650, or 33300, or pursuant to
Article 3 (commencing with Section 18900) of Chapter 1 of Division 5
of Title 2, or pursuant to Article 4 (commencing with Section 32700)
of Chapter 6 of this division, for any of the following purposes:
   (a) For use solely as a prop for a motion picture, television, or
video production.
   (b) For export pursuant to federal regulations.
   (c) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
      CHAPTER 6.  MACHINEGUNS



      Article 1.  General Provisions


   32610.  Nothing in this chapter shall affect or apply to any of
the following:
   (a) The sale to, purchase by, or possession of machineguns by a
police department, a sheriff's office, a marshal's office, a district
attorney's office, the California Highway Patrol, the Department of
Justice, the Department of Corrections for use by the department's
Special Emergency Response Teams and Law Enforcement
Liaison/Investigations Unit, or the military or naval forces of this
state or of the United States for use in the discharge of their
official duties, provided, however, that any sale to these entities
be transacted by a person who is permitted pursuant to Section 32650
and licensed pursuant to Article 4 (commencing with Section 32700).
   (b) The possession of machineguns by regular, salaried, full-time
peace officer members of a police department, sheriff's office,
marshal's office, district attorney's office, the California Highway
Patrol, the Department of Justice, or the Department of Corrections
for use by the department's Special Emergency Response Teams and Law
Enforcement Liaison/Investigations Unit, when on duty and if the use
is within the scope of their duties.

      Article 2.  Unlawful Acts Relating to Machineguns


   32625.  (a) Any person, firm, or corporation, who within this
state possesses or knowingly transports a machinegun, except as
authorized by this chapter, is guilty of a public offense and upon
conviction thereof shall be punished by imprisonment in the state
prison, or by a fine not to exceed ten thousand dollars ($10,000), or
by both that fine and imprisonment.
   (b) Any person, firm, or corporation who within this state
intentionally converts a firearm into a machinegun, or who sells, or
offers for sale, or knowingly manufactures a machinegun, except as
authorized by this chapter, is punishable by imprisonment in the
state prison for four, six, or eight years.

      Article 3.  Permits


   32650.  The Department of Justice may issue permits for the
possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns, upon a satisfactory
showing that good cause exists for the issuance of the permit to the
applicant. No permit shall be issued to a person who is under 18
years of age.
   32655.  (a) An application for a permit under this article shall
satisfy all of the following conditions:
   (1) It shall be filed in writing.
   (2) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.
   (3) It shall state the applicant's name.
   (4) It shall state the business in which the applicant is engaged.

   (5) It shall state the applicant's business address.
   (6) It shall include a full description of the use to which the
firearms are to be put.
   (b) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
   (c) Each applicant for a permit shall pay at the time of filing
the application a fee determined by the Department of Justice. The
fee shall not exceed the application processing costs of the
Department of Justice.
   (d) A permit granted pursuant to this article may be renewed one
year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee, which shall not exceed the application processing costs of the
Department of Justice.
   (e) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
   32660.  Every person, firm, or corporation to whom a permit is
issued under this article shall keep it on the person or at the place
where the firearms are kept. The permit shall be open to inspection
by any peace officer or any other person designated by the authority
issuing the permit.
   32665.  A permit issued in accordance with this chapter may be
revoked by the issuing authority at any time, when it appears that
the need for the firearms has ceased or that the holder of the permit
has used the firearms for purposes other than those allowed by the
permit or that the holder of the permit has not exercised great care
in retaining custody of any weapons possessed under the permit.
   32670.  (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of machineguns.
   (b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

      Article 4.  Licenses to Sell Machineguns


   32700.  The Department of Justice may grant a license to permit
the sale of machineguns at the place specified in the license,
subject to all of the following conditions:
   (a) The business shall be carried on only in the place designated
in the license.
   (b) The license or a certified copy of the license must be
displayed on the premises in a place where it may easily be read.
   (c) No machinegun shall be delivered to any person not authorized
to receive the machinegun under the provisions of this chapter.
   (d) A complete record must be kept of sales made under the
authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser's permit, if
any, and the
signature of the purchaser or purchasing agent. This record shall be
open to the inspection of any peace officer or other person
designated by the Attorney General.
   32705.  An application for a license under this article shall
satisfy all of the following conditions:
   (a) It shall be filed in writing.
   (b) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.
   (c) It shall state the applicant's name.
   (d) It shall state the business in which the applicant is engaged.

   (e) It shall state the applicant's business address.
   (f) It shall include a full description of the use to which the
firearms are to be put.
   32710.  (a) Applications and licenses under this article shall be
uniform throughout the state, on forms prescribed by the Department
of Justice.
   (b) A license under this article shall be effective for not more
than one year from the date of issuance.
   32715.  (a) Each applicant for a license under this article shall
pay at the time of filing the application a fee determined by the
Department of Justice. The fee shall not exceed the application
processing costs of the Department of Justice.
   (b) A license granted pursuant to this article may be renewed one
year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a license renewal
fee, which shall not exceed the application processing costs of the
Department of Justice.
   (c) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
   32720.  Upon breach of any of the conditions stated in Section
32700, a license under this article shall be revoked.

      Article 5.  Machinegun Constituting Nuisance


   32750.  (a) It shall be a public nuisance to possess any
machinegun in violation of this chapter.
   (b) The Attorney General, any district attorney, or any city
attorney may bring an action before the superior court to enjoin the
possession of any machinegun in violation of this chapter.
   (c) Any machinegun found to be in violation of this chapter shall
be surrendered to the Department of Justice. The department shall
destroy the machinegun so as to render it unusable and unrepairable
as a machinegun, except upon the filing of a certificate with the
department by a judge or district attorney stating that the
preservation of the machinegun is necessary to serve the ends of
justice.
      CHAPTER 7.  MULTIBURST TRIGGER ACTIVATOR


   32900.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any multiburst trigger activator is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.
   32990.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any multiburst trigger activator is
a nuisance and is subject to Section 18010.
      CHAPTER 8.  SHORT-BARRELED RIFLE OR SHORT-BARRELED SHOTGUN



      Article 1.  Restrictions Relating to Short-Barreled Rifle or
Short-Barreled Shotgun


   33210.  Except as expressly provided in Sections 33215 to 33225,
inclusive, and in Chapter 1 (commencing with Section 17700) of
Division 2 of Title 2, and solely in accordance with those
provisions, no person may manufacture, import into this state, keep
for sale, offer for sale, give, lend, or possess any short-barreled
rifle or short-barreled shotgun. Nothing else in any provision listed
in Section 16580 shall be construed as authorizing the manufacture,
importation into the state, keeping for sale, offering for sale, or
giving, lending, or possession of any short-barreled rifle or
short-barreled shotgun.
   33215.  Except as provided in Sections 33220 and 33225 and in
Chapter 1 (commencing with Section 17700) of Division 2 of Title 2,
any person in this state who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, lends, or possesses any
short-barreled rifle or short-barreled shotgun is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.
   33220.  Section 33215 does not apply to either of the following:
   (a) The sale to, purchase by, or possession of short-barreled
rifles or short-barreled shotguns by a police department, sheriff's
office, marshal's office, the California Highway Patrol, the
Department of Justice, the Department of Corrections and
Rehabilitation, or the military or naval forces of this state or of
the United States, for use in the discharge of their official duties.

   (b) The possession of short-barreled rifles and short-barreled
shotguns by peace officer members of a police department, sheriff's
office, marshal's office, the California Highway Patrol, the
Department of Justice, or the Department of Corrections and
Rehabilitation, when on duty and the use is authorized by the agency
and is within the course and scope of their duties, and the officers
have completed a training course in the use of these weapons
certified by the Commission on Peace Officer Standards and Training.
   33225.  Section 33215 does not apply to the manufacture,
possession, transportation, or sale of a short-barreled rifle or
short-barreled shotgun, when authorized by the Department of Justice
pursuant to Article 2 (commencing with Section 33300) and not in
violation of federal law.
   33290.  Except as provided in Sections 33220 and 33225 and in
Chapter 1 (commencing with Section 17700) of Division 2 of Title 2,
any short-barreled rifle or short-barreled shotgun is a nuisance and
is subject to Section 18010.

      Article 2.  Permit for Short-Barreled Rifle or Short-Barreled
Shotgun


   33300.  (a) Upon a showing that good cause exists for issuance of
a permit to the applicant, and if the Department of Justice finds
that issuance of the permit does not endanger the public safety, the
department may issue a permit for the manufacture, possession,
transportation, or sale of short-barreled rifles or short-barreled
shotguns. The permit shall be initially valid for a period of one
year, and renewable annually thereafter. No permit shall be issued to
a person who is under 18 years of age.
   (b) Good cause, for the purposes of this section, shall be limited
to only the following:
   (1) The permit is sought for the manufacture, possession, or use
with blank cartridges, of a short-barreled rifle or short-barreled
shotgun, solely as a prop for a motion picture, television, or video
production or entertainment event.
   (2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities
listed in Section 33220 by persons who are licensed as dealers or
manufacturers under the provisions of Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code, as amended, and
the regulations issued pursuant thereto.
   33305.  (a) An application for a permit under this article shall
satisfy all of the following conditions:
   (1) It shall be filed in writing.
   (2) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.
   (3) It shall state the applicant's name.
   (4) It shall state the business in which the applicant is engaged.

   (5) It shall state the applicant's business address.
   (6) It shall include a full description of the use to which the
short-barreled rifles or short-barreled shotguns are to be put.
   (b) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
   (c) Each applicant for a permit shall pay at the time of filing
the application a fee determined by the Department of Justice. The
fee shall not exceed the application processing costs of the
Department of Justice.
   (d) A permit granted pursuant to this article may be renewed one
year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee, which shall not exceed the application processing costs of the
Department of Justice.
   (e) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
   33310.  (a) Every person, firm, or corporation to whom a permit is
issued under this article shall keep it on the person or at the
place where the short-barreled rifles or short-barreled shotguns are
kept. The permit shall be open to inspection by any peace officer or
any other person designated by the authority issuing the permit.
   (b) Every short-barreled rifle or short-barreled shotgun possessed
pursuant to the provisions of this article shall bear a unique
identifying number. If a weapon does not bear a unique identifying
number, the Department of Justice shall assign a number which shall
be placed or stamped on that weapon.
   33315.  A permit issued in accordance with this article may be
revoked by the issuing authority at any time, when it appears that
the need for the short-barreled rifles or short-barreled shotguns has
ceased or that the holder of the permit has used the short-barreled
rifles or short-barreled shotguns for purposes other than those
allowed by the permit or that the holder of the permit has not
exercised great care in retaining custody of any weapons possessed
under the permit.
   33320.  (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of short-barreled rifles and short-barreled shotguns.
   (b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.
      CHAPTER 9.  SILENCERS


   33410.  Any person, firm, or corporation who within this state
possesses a silencer is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in the state prison or by a
fine not to exceed ten thousand dollars ($10,000), or by both that
fine and imprisonment.
   33415.  Section 33410 shall not apply to, or affect, any of the
following:
   (a) The sale to, purchase by, or possession of silencers by
agencies listed in Section 830.1, or the military or naval forces of
this state or of the United States, for use in the discharge of their
official duties.
   (b) The possession of silencers by regular, salaried, full-time
peace officers who are employed by an agency listed in Section 830.1,
or by the military or naval forces of this state or of the United
States, when on duty and when the use of silencers is authorized by
the agency and is within the course and scope of their duties.
   (c) The manufacture, possession, transportation, or sale or other
transfer of silencers to an entity described in subdivision (a) by
dealers or manufacturers registered under Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code and the
regulations issued pursuant thereto.
      CHAPTER 10.  ZIP GUNS


   33600.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any zip gun is punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
   33690.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any zip gun is a nuisance and is
subject to Section 18010.

      DIVISION 11.  FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT
AGENCY OR SIMILAR SITUATION


      CHAPTER 1.  PROCEDURE FOR TAKING FIREARM INTO CUSTODY


   33800.  (a) When a firearm is taken into custody by a law
enforcement officer, the officer shall issue the person who possessed
the firearm a receipt describing the firearm, and listing any serial
number or other identification on the firearm.
   (b) The receipt shall indicate where the firearm may be recovered,
any applicable time limit for recovery, and the date after which the
owner or possessor may recover the firearm pursuant to Chapter 2
(commencing with Section 33850).
   (c) Nothing in this section is intended to displace any existing
law regarding the seizure or return of firearms.
      CHAPTER 2.  RETURN OR TRANSFER OF FIREARM IN CUSTODY OR CONTROL
OF COURT OR LAW ENFORCEMENT AGENCY


   33850.  (a) Any person who claims title to any firearm that is in
the custody or control of a court or law enforcement agency and who
wishes to have the firearm returned shall make application for a
determination by the Department of Justice as to whether the
applicant is eligible to possess a firearm. The application shall
include the following:
   (1) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
   (2) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, the application shall also
include the applicant's country of citizenship and the applicant's
alien registration or I-94 number.
   (3) If the firearm is a handgun, the firearm's make, model,
caliber, barrel length, handgun type, country of origin, and serial
number.
   (4) For residents of California, the applicant's valid California
driver's license number or valid California identification card
number issued by the Department of Motor Vehicles. For nonresidents
of California, a copy of the applicant's military identification with
orders indicating that the individual is stationed in California, or
a copy of the applicant's valid driver's license from the applicant'
s state of residence, or a copy of the applicant's state
identification card from the applicant's state of residence. Copies
of the documents provided by non-California residents shall be
notarized.
   (5) The name of the court or law enforcement agency holding the
firearm.
   (6) The signature of the applicant and the date of signature.
   (7) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4), shall
be guilty of a misdemeanor.
   (b) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain possession
of the firearm, and the firearm is an otherwise legal firearm, and
the person otherwise has right to title of the firearm, shall be
entitled to sell or transfer title of the firearm to a licensed
dealer.
   (c) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4) of
subdivision (a), is punishable as a misdemeanor.
   33855.  No law enforcement agency or court that has taken custody
of any firearm may return the firearm to any individual unless the
following requirements are satisfied:
   (a) The individual presents to the agency or court notification of
a determination by the department pursuant to Section 33865 that the
person is eligible to possess firearms.
   (b) If the agency or court has direct access to the Automated
Firearms System, the agency or court has verified that the firearm is
not listed as stolen pursuant to Section 11108, and that the firearm
has been recorded in the Automated Firearms System in the name of
the individual who seeks its return.
   (c) If the firearm has been reported lost or stolen pursuant to
Section 11108, a law enforcement agency shall notify the owner or
person entitled to possession pursuant to Section 11108.5. However,
that person shall provide proof of eligibility to possess a firearm
pursuant to Section 33865.
   (d) Nothing in this section shall prevent the local law
enforcement agency from charging the rightful owner or person
entitled to possession of the firearm the fees described in Section
33880. However, an individual who is applying for a background check
to retrieve a firearm that came into the custody or control of a
court or law enforcement agency pursuant to Section 33850 shall be
exempt from the fees in Section 33860, provided that the court or
agency determines the firearm was reported stolen to a law
enforcement agency prior to the date the firearm came into custody or
control of the court or law enforcement agency, or within five
business days of the firearm being stolen from its owner. The court
or agency shall notify the Department of Justice of this fee
exemption in a manner prescribed by the department.
   33860.  (a) The Department of Justice shall establish a fee of
twenty dollars ($20) per request for return of a firearm, plus a
three-dollar ($3) charge for each additional handgun being processed
as part of the request to return a firearm, to cover its costs for
processing firearm clearance determinations submitted pursuant to
this chapter.
   (b) The fees collected pursuant to subdivision (a) shall be
deposited into the Dealers' Record of Sale Special Account.
   (c) The department may increase the fee by using the California
Consumer Price Index as compiled and reported by the California
Department of Industrial Relations to determine an annual rate of
increase. Any fee increase shall be rounded to the nearest dollar.
   33865.  (a) When the Department of Justice receives a completed
application pursuant to Section 33850 accompanied by the fee required
pursuant to Section 33860, it shall conduct an eligibility check of
the applicant to determine whether the applicant is eligible to
possess a firearm.
   (b) The department shall have 30 days from the date of receipt to
complete the background check, unless the background check is delayed
by circumstances beyond the control of the department. The applicant
may contact the department to inquire about the reason for a delay.
   (c) If the department determines that the applicant is eligible to
possess the firearm, the department shall provide the applicant with
written notification that includes the following:
   (1) The identity of the applicant.
   (2) A statement that the applicant is eligible to possess a
firearm.
   (3) If the firearm is a handgun, a description of the handgun by
make, model, and serial number.
   (d) If the firearm is a handgun, the department shall enter a
record of the handgun into the Automated Firearms System.
   (e) If the department denies the application, and the firearm is
an otherwise legal firearm, the department shall notify the applicant
of the denial and provide a form for the applicant to use to sell or
transfer the firearm to a licensed dealer. The applicant may contact
the department to inquire about the reason for the denial.
   33870.  (a) If a law enforcement agency determines that the
applicant is the legal owner of any firearm deposited with the
agency, that the applicant is prohibited from possessing any firearm,
and that the firearm is an otherwise legal firearm, the applicant
shall be entitled to sell or transfer the firearm to a licensed
dealer.
   (b) If the firearm has been lost or stolen, the firearm shall be
restored to the lawful owner pursuant to Section 11108.5 upon the
owner's identification of the firearm, proof of ownership, and proof
of eligibility to possess a firearm pursuant to Section 33865.
   (c) Nothing in this section shall prevent the local law
enforcement agency from charging the rightful owner of the firearm
the fees described in Section 33880.
   33875.  Notwithstanding any other provision of law, no law
enforcement agency or court shall be required to retain a firearm for
more than 180 days after the owner of the firearm has been notified
by the court or law enforcement agency that the firearm has been made
available for return. An unclaimed firearm may be disposed of after
the 180-day period has expired.
   33880.  (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution imposing a charge
equal to its administrative costs relating to the seizure,
impounding, storage, or release of a firearm.
   (b) The fee under subdivision (a) shall not exceed the actual
costs incurred for the expenses directly related to taking possession
of a firearm, storing the firearm, and surrendering possession of
the firearm to a licensed firearms dealer or to the owner.
   (c) The administrative costs described in subdivisions (a) and (b)
may be waived by the local or state agency upon verifiable proof
that the firearm was reported stolen at the time the firearm came
into the custody or control of the law enforcement agency.
   (d) The following apply to any charges imposed for administrative
costs pursuant to this section:
   (1) The charges shall only be imposed on the person claiming title
to the firearm.
   (2) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
   (3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
   (4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a firearm, unless that
hearing or appeal was requested in writing by the legal owner of the
firearm. In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
   (e) No costs for any hearing or appeal related to the release of a
firearm shall be charged to the legal owner who redeems the firearm,
unless the legal owner voluntarily requests the post-storage hearing
or appeal. No city, county, city and county, or state agency shall
require a legal owner to request a post-storage hearing as a
requirement for release of the firearm to the legal owner.
   33885.  In a proceeding for the return of a firearm seized and not
returned pursuant to this chapter, where the defendant or
cross-defendant is a law enforcement agency, the court shall award
reasonable attorney's fees to the prevailing party.
   33890.  Notwithstanding Section 11106, the Department of Justice
may retain personal information about an applicant in connection with
a claim under this chapter for a firearm that is not a handgun, to
allow for law enforcement confirmation of compliance with this
chapter. The information retained may include personal identifying
information regarding the individual applying for the clearance, but
may not include information that identifies any particular firearm
that is not a handgun.
   33895.  Section 27545 does not apply to deliveries, transfers, or
returns of firearms made pursuant to this chapter.
      CHAPTER 3.  FIREARMS THAT ARE UNCLAIMED, ABANDONED, OR SUBJECT
TO DESTRUCTION


   34000.  (a) Notwithstanding any provision of law or of any local
ordinance to the contrary, when any firearm is in the possession of
any officer of the state, or of a county, city, or city and county,
or of any campus of the University of California or the California
State University, and the firearm is an exhibit filed in any criminal
action or proceeding which is no longer needed or is unclaimed or
abandoned property, which has been in the possession of the officer
for at least 180 days, the firearm shall be sold, or destroyed, as
provided for in Sections 18000 and 18005.
   (b) This section does not apply to any firearm in the possession
of the Department of Fish and Game, or which was used in the
violation of any provision in the Fish and Game Code, or any
regulation under that code.
   34005.  (a) (1) An officer having custody of any firearm that may
be useful to the California National Guard, the Coast Guard
Auxiliary, or to any military or naval agency of the federal or state
government, including, but not limited to, the California National
Guard military museum and resource center, may, upon the authority of
the legislative body of the city, city and county, or county by
which the officer is employed and the approval of the Adjutant
General, deliver the firearm to the commanding officer of a unit of
the California National Guard, the Coast Guard Auxiliary, or any
other military agency of the state or federal government, in lieu of
destruction as required by any of the provisions listed in Section
16580.
   (2) The officer delivering a firearm pursuant to this subdivision
shall take a receipt for it, which contains a complete description of
the firearm, and shall keep the receipt on file in his or her office
as a public record.
   (b) Any law enforcement agency that has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by any of the provisions listed in Section 16580, may, in
lieu of destroying the weapons, retain and use any of them as may be
useful in carrying out the official duties of the agency.
Alternatively, upon approval of a court, the agency may do either of
the following:
   (1) Release the weapons to any other law enforcement agency for
use in carrying out the official duties of that agency.
   (2) Turn over to the criminalistics laboratory of the Department
of Justice or the criminalistics laboratory of a police department,
sheriff's office, or district attorney's office, any weapons that may
be useful in carrying out the official duties of the respective
agencies.
   (c) (1) Any firearm, or part of any firearm, which, rather than
being destroyed, is used for official purposes pursuant to this
section, shall be destroyed by the agency using the weapon when it is
no longer needed by the agency for use in carrying out its official
duties.
   (2) Firearms or weaponry donated to the California National Guard
military museum and resource center may be disposed of pursuant to
Section 179 of the Military and Veterans Code.
   (d) (1) Any law enforcement agency that has custody of any
firearms, or any parts of any firearms, which are subject to
destruction                                           as required by
any of the provisions listed in Section 16580, may, in lieu of
destroying the firearms, obtain an order from the superior court
directing the release of the firearms to the sheriff.
   (2) The sheriff shall enter those weapons into the Automated
Firearms System (AFS), via the California Law Enforcement
Telecommunications System, with a complete description of each
weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the academy receiving the
weapon entered into the AFS miscellaneous field.
   (3) The sheriff shall then release the firearms to the basic
training academy certified by the Commission on Peace Officer
Standards and Training, so that the firearms may be used for
instructional purposes in the certified courses. All firearms
released to an academy shall be under the care, custody, and control
of the particular academy.
   (4) Any firearm, or part of any firearm, which is not destroyed,
and is used for the purposes authorized by this section, shall be
returned to the law enforcement agency that had original custody of
the firearm when it is no longer needed by the basic training
academy, or when the basic training academy is no longer certified by
the commission.
   (5) When those firearms are returned, the law enforcement agency
to which the firearms are returned, shall on the date of the return,
enter into the Automated Firearms System (AFS), via the California
Law Enforcement Telecommunications System, a complete description of
each weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the entity returning the
firearm.
   34010.  Any law enforcement agency that retains custody of any
firearm pursuant to Section 34005, or that destroys a firearm
pursuant to Sections 18000 and 18005, shall notify the Department of
Justice of the retention or destruction. This notification shall
consist of a complete description of each firearm, including the name
of the manufacturer or brand name, model, caliber, and serial
number.

      DIVISION 12.  MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE



      CHAPTER 1.  MISCELLANEOUS REPORTS AND PUBLICATIONS


   34200.  The Attorney General shall provide the Legislature on or
before April 15 of each year, commencing in 1998, a written report on
the specific types of firearms used in the commission of crimes
based upon information obtained from state and local crime
laboratories. The report shall include all of the following
information regarding crimes in which firearms were used:
   (a) A description of the relative occurrence of firearms most
frequently used in the commission of violent crimes, distinguishing
whether the firearms used were handguns, rifles, shotguns, assault
weapons, or other related types of weapons.
   (b) A description of specific types of firearms that are used in
homicides or street gang and drug trafficking crimes.
   (c) The frequency with which stolen firearms were used in the
commission of the crimes.
   (d) The frequency with which fully automatic firearms were used in
the commission of the crimes.
   (e) Any trends of importance such as those involving specialized
ammunition or firearms modifications, such as conversion to a fully
automatic weapon, removal of serial number, shortening of barrel, or
use of a suppressor.
   34205.  (a) The Department of Justice shall prepare a pamphlet
that summarizes California firearms laws as they pertain to persons
other than law enforcement officers or members of the armed services.

   (b) The pamphlet shall include the following matters:
   (1) Lawful possession.
   (2) Licensing procedures.
   (3) Transportation and use of firearms.
   (4) Acquisition of hunting licenses.
   (5) The safe handling and use of firearms.
   (6) Various methods of safe storage and child proofing of
firearms.
   (7) The availability of firearms safety programs and devices.
   (8) The responsibilities of firearms ownership.
   (9) The operation of various types of firearms.
   (10) The lawful use of deadly force.
   (c) The department shall offer copies of the pamphlet at actual
cost to firearms dealers licensed pursuant to Sections 26700 to
26915, inclusive, who shall have copies of the most current version
available for sale to retail purchasers or transferees of firearms.
The cost of the pamphlet, if any, may be added to the sale price of
the firearm. Other interested parties may purchase copies directly
from the Department of General Services.
   (d) The pamphlet shall declare that it is merely intended to
provide a general summary of laws applicable to firearms and is not
designed to provide individual guidance for specific areas.
Individuals having specific questions shall be directed to contact
their local law enforcement agency or private counsel.
   (e) The Department of Justice or any other public entity shall be
immune from any liability arising from the drafting, publication, or
dissemination of the pamphlet or any reliance upon it. All receipts
from the sale of these pamphlets shall be deposited as reimbursements
to the support appropriation for the Department of Justice.
      CHAPTER 2.  BALLISTICS IDENTIFICATION SYSTEM


   34350.  (a) The Attorney General shall conduct a study to evaluate
ballistics identification systems to determine the feasibility and
potential benefits to law enforcement of utilizing a statewide
ballistics identification system capable of maintaining a database of
ballistic images and information from test fired and sold firearms.
The study shall include an evaluation of ballistics identification
systems currently used by state and federal law enforcement agencies
and the firearms industry. The Attorney General shall consult with
law enforcement agencies, firearms industry representatives, private
technology providers, and other appropriate parties in conducting the
study.
   (b) In evaluating ballistics identification systems to determine
the feasibility of utilizing a statewide system as required pursuant
to subdivision (a), the Attorney General shall consider, at a
minimum, the following:
   (1) The development of methods by which firearm manufacturers,
importers, and dealers may potentially capture ballistic images from
firearms prior to sale in California and forward that information to
the Attorney General.
   (2) The development of methods by which the Attorney General will
receive, store, and make available to law enforcement ballistic
images submitted by firearm manufacturers, importers, and dealers
prior to sale in California.
   (3) The potential financial costs to the Attorney General of
implementing and operating a statewide ballistics identification
system, including the process for receipt of information from firearm
manufacturers, importers, and dealers.
   (4) The capability of a ballistics identification system
maintaining a database of ballistic images and information from test
fired firearms for all firearms sold in California.
   (5) The compatibility of a ballistics identification system with
ballistics identification systems that are currently used by law
enforcement agencies in California.
   (6) A method to ensure that state and local law enforcement
agencies can forward ballistic identification information to the
Attorney General for inclusion in a statewide ballistics
identification system.
   (7) The feasibility and potential benefits to law enforcement of
requiring firearm manufacturers, importers, and dealers to provide
the Attorney General with ballistic images from any, or a selected
number of, test fired firearms prior to the sale of those firearms in
California.
   (c) The Attorney General shall submit a report to the Legislature
with the results of the study not later than June 1, 2001. In the
event the report includes a determination that a ballistics
identification system and database is feasible and would benefit law
enforcement, the report shall also recommend a strategy for
implementation.
   34355.  (a) Section 34350 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   34360.  Section 34350 does not apply to the loan of a firearm if
all of the following conditions are satisfied:
   (a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
   (b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
   (c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
   34365.  (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
   34370.  (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.01.  Section 12021.5 is added to the Penal Code, to read:
   12021.5.  (a) Every person who carries a loaded or unloaded
firearm on his or her person, or in a vehicle, during the commission
or attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment in the state prison for one, two, or three years in the
court's discretion. The court shall impose the middle term unless
there are circumstances in aggravation or mitigation. The court shall
state the reasons for its enhancement choice on the record at the
time of sentence.
   (b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years in the court's discretion. The court
shall impose the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of sentence.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
   (A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
   (B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
   (2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
   (B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
   (3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
   (B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
   (C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
   (4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
   (5) "Rifle" shall have the same meaning as specified in Section
17090.
   (6) "Shotgun" shall have the same meaning as specified in Section
17190.
   (d) This section shall become operative on January 1, 2012.
  SEC. 6.02.  Section 12022.2 is added to the Penal Code, to read:
   12022.2.  (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed primarily to
penetrate metal or armor, shall upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony, be punished by an
additional term of 3, 4, or 10 years. The court shall order the
middle term unless there are circumstances in aggravation or
mitigation. The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
   (b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in Section
29905, shall, upon conviction of that felony or attempted felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished by an additional term of one, two, or five years. The court
shall order the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of the sentence.
   (c) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.
   (d) This section shall become operative on January 1, 2012.
  SEC. 6.03.  Section 12022.4 is added to the Penal Code, to read:
   12022.4.  (a) Any person who, during the commission or attempted
commission of a felony, furnishes or offers to furnish a firearm to
another for the purpose of aiding, abetting, or enabling that person
or any other person to commit a felony shall, in addition and
consecutive to the punishment prescribed by the felony or attempted
felony of which the person has been convicted, be punished by an
additional term of one, two, or three years in the state prison. The
court shall order the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of the sentence. The
additional term provided in this section shall not be imposed unless
the fact of the furnishing is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
   (b) This section shall become operative on January 1, 2012.
  SEC. 6.04.  Section 16520 is added to the Penal Code, to read:
   16520.  (a) As used in this part, "firearm" means any device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of any explosion or other form of
combustion.
   (b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26600 to 27140, inclusive.
   (9) Sections 27400 to 28000, inclusive.
   (10) Section 28100.
   (11) Sections 28400 to 28415, inclusive.
   (12) Sections 29010 to 29150, inclusive.
   (13) Sections 29610 to 29750, inclusive.
   (14) Sections 29800 to 29905, inclusive.
   (15) Sections 30150 to 30165, inclusive.
   (16) Section 31615.
   (17) Sections 31705 to 31830, inclusive.
   (18) Sections 34355 to 34370, inclusive.
   (19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
   (6) Sections 26500 to 26588, inclusive.
   (7) Sections 26700 to 26915, inclusive.
   (8) Section 27510.
   (9) Section 27530.
   (10) Section 27540.
   (11) Section 27545.
   (12) Sections 27555 to 27570, inclusive.
   (13) Sections 29010 to 29150, inclusive.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
  SEC. 6.045.  Section 16650 is added to the Penal Code, to read:
   16650.  (a) As used in this part, "handgun ammunition" means any
variety of ammunition in the following calibers, notwithstanding that
the ammunition may also be used in some rifles:
   (1) .22.
   (2) .25.
   (3) .32.
   (4) .38.
   (5) .9mm.
   (6) .10mm.
   (7) .40.
   (8) .41.
   (9) .44.
   (10) .45.
   (11) 5.7x28mm.
   (12) .223.
   (13) .357.
   (14) .454.
   (15) 5.56x45mm.
   (16) 7.62x39.
   (17) 7.63mm.
   (18) 7.65mm.
   (19) .50.
   (b) As used in the part, "handgun ammunition" does not include
either of the following:
   (1) Ammunition designed and intended to be used in an antique
firearm.
   (2) Blanks.
  SEC. 6.05.  Section 16840 is added to the Penal Code, to read:
   16840.  (a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
   (b) As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, in subparagraph (A) of paragraph (6) of
subdivision (b) of Section 25400, and in Sections 25850 to 26055,
inclusive:
   (1) A firearm shall be deemed to be "loaded" when there is an
unexpended cartridge or shell, consisting of a case that holds a
charge of powder and a bullet or shot, in, or attached in any manner
to, the firearm, including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to the firearm.
   (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall
be deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
  SEC. 6.06.  Section 17000 is added to the Penal Code, to read:
   17000.  (a) As used in this part, "personal handgun importer"
means an individual who meets all of the following criteria:
   (1) The individual is not a person licensed pursuant to Sections
26700 to 26915, inclusive.
   (2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
   (3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
   (4) The individual is the owner of a handgun.
   (5) The individual acquired that handgun outside of California.
   (6) The individual moved into this state on or after January 1,
1998, as a resident of this state.
   (7) The individual intends to possess that handgun within this
state on or after January 1, 1998.
   (8) The handgun was not delivered to the individual by a person
licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that handgun following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive.
   (9) The individual, while a resident of this state, had not
previously reported ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
   (10) The handgun is not a firearm that is prohibited by any
provision listed in Section 16590.
   (11) The handgun is not an assault weapon.
   (12) The handgun is not a machinegun.
   (13) The person is 18 years of age or older.
   (b) For purposes of paragraph (6) of subdivision (a):
   (1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
   (2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
  SEC. 6.07.  Section 17000 is added to the Penal Code, to read:
   17000.  (a) As used in this part, until July 1, 2012, any
reference to the term "personal firearm importer" shall be deemed to
mean "personal handgun importer" and, on and after July 1, 2012, any
reference to the term "personal handgun importer" shall be deemed to
mean "personal firearm importer." A "personal handgun importer,"
until July 1, 2012, and commencing July 1, 2012, a "personal firearm
importer" means an individual who meets all of the following
criteria:
   (1) The individual is not a person licensed pursuant to Sections
26700 to 26915, inclusive.
   (2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
   (3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
   (4) The individual is the owner of a firearm.
   (5) The individual acquired that firearm outside of California.
   (6) The individual moved into this state on or after January 1,
1998, in the case of a handgun, or in the case of a firearm that is
not a handgun, on or after July 1, 2012, as a resident of this state.

   (7) The individual intends to possess that handgun within this
state on or after January 1, 1998, or in the case of a firearm that
is not a handgun, the individual intends to possess that firearm
within this state on or after July 1, 2012.
   (8) The firearm was not delivered to the individual by a person
licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that firearm following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive.
   (9) The individual, while a resident of this state, had not
previously reported ownership of that firearm to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
   (10) The firearm is not a firearm that is prohibited by any
provision listed in Section 16590.
   (11) The firearm is not an assault weapon.
   (12) The firearm is not a machinegun.
   (13) The person is 18 years of age or older.
   (b) For purposes of paragraph (6) of subdivision (a):
   (1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
   (2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
  SEC. 6.08.  Section 17040 is added to the Penal Code, to read:
   17040.  As used in Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4, "public place" has the same meaning as in
Section 25850.
                                            SEC. 6.09.  Section 17295
is added to the Penal Code, to read:
   17295.  For purposes of Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4, a handgun shall be deemed "unloaded" if it
is not "loaded" within the meaning of subdivision (b) of Section
16840.
  SEC. 6.10.  Section 17510 is added to the Penal Code, to read:
   17510.  (a) Any person who does any of the following acts while
engaged in picketing, or other informational activities in a public
place relating to a concerted refusal to work, is guilty of a
misdemeanor:
   (1) Carries concealed upon the person, or within any vehicle which
is under the person's control or direction, any handgun.
   (2) Carries a loaded firearm upon the person or within any vehicle
that is under the person's control or direction.
   (3) Carries a deadly weapon.
   (4) Openly carries an unloaded handgun upon the person outside of
a vehicle.
   (b) This section shall not be construed to authorize or ratify any
picketing or other informational activities not otherwise authorized
by law.
   (c) The following provisions shall not be construed to authorize
any conduct described in paragraph (1) of subdivision (a):
   (1) Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4.
   (2) Sections 25615 to 25655, inclusive.
   (d) Sections 25900 to 26020, inclusive, shall not be construed to
authorize any conduct described in paragraph (2) of subdivision (a).
   (e) Article 2 (commencing with Section 26361) of Chapter 6 of
Division 5 of Title 4 shall not be construed to authorize any conduct
described in paragraph (4) of subdivision (a).
  SEC. 6.11.  Section 22295 is added to the Penal Code, to read:
   22295.  (a) Nothing in any provision listed in Section 16580
prohibits any police officer, special police officer, peace officer,
or law enforcement officer from carrying any wooden club or baton.
   (b) Nothing in any provision listed in Section 16580 prohibits a
uniformed security guard, regularly employed and compensated by a
person engaged in any lawful business, while actually employed and
engaged in protecting and preserving property or life within the
scope of employment, from carrying any wooden club or baton if the
uniformed security guard has satisfactorily completed a course of
instruction certified by the Department of Consumer Affairs in the
carrying and use of the club or baton. The training institution
certified by the Department of Consumer Affairs to present this
course, whether public or private, is authorized to charge a fee
covering the cost of the training.
   (c) The Department of Consumer Affairs, in cooperation with the
Commission on Peace Officer Standards and Training, shall develop
standards for a course in the carrying and use of a club or baton.
   (d) Any uniformed security guard who successfully completes a
course of instruction under this section is entitled to receive a
permit to carry and use a club or baton within the scope of
employment, issued by the Department of Consumer Affairs. The
department may authorize a certified training institution to issue
permits to carry and use a club or baton. A fee in the amount
provided by law shall be charged by the Department of Consumer
Affairs to offset the costs incurred by the department in course
certification, quality control activities associated with the course,
and issuance of the permit.
   (e) Any person who has received a permit or certificate that
indicates satisfactory completion of a club or baton training course
approved by the Commission on Peace Officer Standards and Training
prior to January 1, 1983, shall not be required to obtain a club or
baton permit or complete a course certified by the Department of
Consumer Affairs.
   (f) Any person employed as a county sheriff's or police security
officer, as defined in Section 831.4, shall not be required to obtain
a club or baton permit or to complete a course certified by the
Department of Consumer Affairs in the carrying and use of a club or
baton, provided that the person completes a course approved by the
Commission on Peace Officer Standards and Training in the carrying
and use of the club or baton, within 90 days of employment.
   (g) Nothing in any provision listed in Section 16580 prohibits an
animal control officer, as described in Section 830.9, or an illegal
dumping enforcement officer, as described in Section 830.7, from
carrying any wooden club or baton if the animal control officer or
illegal dumping enforcement officer has satisfactorily completed the
course of instruction certified by the Commission on Peace Officer
Standards and Training in the carrying and use of the club or baton.
The training institution certified by the Commission on Peace Officer
Standards and Training to present this course, whether public or
private, is authorized to charge a fee covering the cost of the
training.
  SEC. 6.12.  Section 25400 is added to the Penal Code, to read:
   25400.  (a) A person is guilty of carrying a concealed firearm
when the person does any of the following:
   (1) Carries concealed within any vehicle that is under the person'
s control or direction any handgun.
   (2) Carries concealed upon the person any handgun.
   (3) Causes to be carried concealed within any vehicle in which the
person is an occupant any handgun.
   (b) Carrying a concealed firearm in violation of this section is
punishable as follows:
   (1) If the person previously has been convicted of any felony, or
of any crime made punishable by a provision listed in Section 16580,
as a felony.
   (2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
   (3) If the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (4) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
   (5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county jail
not to exceed one year, by a fine not to exceed one thousand dollars
($1,000), or by both that imprisonment and fine.
   (6) If both of the following conditions are met, by imprisonment
in the state prison, or by imprisonment in a county jail not to
exceed one year, by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment:
   (A) The handgun is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the immediate
possession of the person or readily accessible to that person.
   (B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106 as the
registered owner of that handgun.
   (7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (c) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
23515 shall be punished by imprisonment in a county jail for at least
three months and not exceeding six months, or, if granted probation,
or if the execution or imposition of sentence is suspended, it shall
be a condition thereof that the person be imprisoned in a county
jail for at least three months.
   (2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by a
provision listed in Section 16580, if probation is granted, or if the
execution or imposition of sentence is suspended, it shall be a
condition thereof that the person be imprisoned in a county jail for
not less than three months.
   (d) The court shall apply the three-month minimum sentence as
specified in subdivision (c), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (c) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (c), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
   (e) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the handgun, and one or more of the
conditions in subparagraph (A) of paragraph (6) of subdivision (b)
are met.
  SEC. 6.13.  Section 25590 is added to the Penal Code, to read:
   25590.  Section 25400 does not apply to, or affect, the
transportation by a member of an organization of a firearm directly
to, or directly from, official parade duty or ceremonial occasions of
that organization, or a place for the purpose of rehearsing or
practicing for official parade duty or ceremonial occasions of that
organization, if the organization is chartered by the Congress of the
United States, or is a nonprofit mutual or public benefit
corporation organized and recognized as a nonprofit tax-exempt
organization by the Internal Revenue Service.
  SEC. 6.14.  Section 25595 is added to the Penal Code, to read:
   25595.  This article does not prohibit or limit the otherwise
lawful carrying or transportation of any handgun in accordance with
the provisions listed in Section 16580.
  SEC. 6.15.  Section 25605 is added to the Penal Code, to read:
   25605.  (a) Section 25400 and Chapter 6 (commencing with Section
26350) of Division 5 shall not apply to or affect any citizen of the
United States or legal resident over the age of 18 years who resides
or is temporarily within this state, and who is not within the
excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, who carries, either openly or concealed, anywhere within the
citizen's or legal resident's place of residence, place of business,
or on private property owned or lawfully possessed by the citizen or
legal resident, any handgun.
   (b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, to purchase, own, possess, keep, or carry, either openly or
concealed, a handgun within the citizen's or legal resident's place
of residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.
   (c) Nothing in this section shall be construed as affecting the
application of Sections 25850 to 26055, inclusive.
  SEC. 6.16.  Chapter 6 (commencing with Section 26350) is added to
Division 5 of Title 4 of Part 6 of the Penal Code, to read:
      CHAPTER 6.  OPENLY CARRYING AN UNLOADED HANDGUN



      Article 1.  Crime of Openly Carrying an Unloaded Handgun


   26350.  (a) A person is guilty of openly carrying an unloaded
handgun when that person carries upon the person an exposed and
unloaded handgun outside a vehicle while in any public place or on
any public street in an incorporated city or in any public place or
on any public street in a prohibited area of an unincorporated
territory.
   (b) A violation of this section is punishable by imprisonment in a
county jail not to exceed six months, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
   (c) (1) Nothing in this section shall preclude prosecution under
Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 of Title 4, Section 8100 or 8103 of
the Welfare and Institutions Code, or any other law with a penalty
greater than is set forth in this section.
   (2) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
   (d) Notwithstanding the fact that the term "an unloaded handgun"
is used in this section, each handgun shall constitute a distinct and
separate offense under this section.

      Article 2.  Exemptions


   26361.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by any peace officer or any honorably
retired peace officer if that officer may carry a concealed firearm
pursuant to Article 2 (commencing with Section 25450) of Chapter 2,
or a loaded firearm pursuant to Article 3 (commencing with Section
25900) of Chapter 3.
   26362.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by any person to the extent that
person may carry a loaded firearm pursuant to Article 4 (commencing
with Section 26000) of Chapter 3.
   26363.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun as merchandise by a person who is
engaged in the business of manufacturing, importing, wholesaling,
repairing, or dealing in firearms and who is licensed to engage in
that business, or the authorized representative or authorized agent
of that person, while engaged in the lawful course of the business.
   26364.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a duly authorized military or
civil organization, or the members thereof, while parading or while
rehearsing or practicing parading, when at the meeting place of the
organization.
   26365.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a member of any club or
organization organized for the purpose of practicing shooting at
targets upon established target ranges, whether public or private,
while the members are using handguns upon the target ranges or
incident to the use of a handgun at that target range.
   26366.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a licensed hunter while engaged in
hunting or while transporting that handgun when going to or
returning from that hunting expedition.
   26367.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to transportation of a
handgun by a person operating a licensed common carrier, or by an
authorized agent or employee thereof, when transported in conformance
with applicable federal law.
   26368.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a member of an organization
chartered by the Congress of the United States or a nonprofit mutual
or public benefit corporation organized and recognized as a nonprofit
tax-exempt organization by the Internal Revenue Service while on
official parade duty or ceremonial occasions of that organization or
while rehearsing or practicing for official parade duty or ceremonial
occasions.
   26369.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun within a gun show conducted pursuant
to Article 1 (commencing with Section 27200) and Article 2
(commencing with Section 27300) of Chapter 3 of Division 6.
   26370.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun within a school zone, as defined in
Section 626.9, with the written permission of the school district
superintendent, the superintendent's designee, or equivalent school
authority.
   26371.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun when in accordance with the
provisions of Section 171b.
   26372.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by any person while engaged in the
act of making or attempting to make a lawful arrest.
   26373.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to loaning, selling, or
transferring that handgun in accordance with Article 1 (commencing
with Section 27500) of Chapter 4 of Division 6, or in accordance with
any of the exemptions from Section 27545, so long as that handgun is
possessed within private property and the possession and carrying is
with the permission of the owner or lessee of that private property.

   26374.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a person engaged in
firearms-related activities, while on the premises of a fixed place
of business which is licensed to conduct and conducts, as a regular
course of its business, activities related to the sale, making,
repair, transfer, pawn, or the use of firearms, or related to
firearms training.
   26375.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by an authorized participant in, or
an authorized employee or agent of a supplier of firearms for, a
motion picture, television or video production, or entertainment
event, when the participant lawfully uses the handgun as part of that
production or event, as part of rehearsing or practicing for
participation in that production or event, or while the participant
or authorized employee or agent is at that production or event, or
rehearsal or practice for that production or event.
   26376.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to obtaining an
identification number or mark assigned for that handgun from the
Department of Justice pursuant to Section 23910.
   26377.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun at any established target range,
whether public or private, while the person is using the handgun upon
the target range.
   26378.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a person when that person is
summoned by a peace officer to assist in making arrests or preserving
the peace, while the person is actually engaged in assisting that
officer.
   26379.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to any of the following:
   (a) Complying with Section 27560 or 27565, as it pertains to that
handgun.
   (b) Section 28000, as it pertains to that handgun.
   (c) Section 27850 or 31725, as it pertains to that handgun.
   (d) Complying with Section 27870 or 27875, as it pertains to that
handgun.
   (e) Complying with Section 27915, 27920, or 27925, as it pertains
to that handgun.
   26380.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to, and in the course and
scope of, training of or by an individual to become a sworn peace
officer as part of a course of study approved by the Commission on
Peace Officer Standards and Training.
   26381.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to, and in the course and
scope of, training of or by an individual to become licensed pursuant
to Chapter 4 (commencing with Section 26150) as part of a course of
study necessary or authorized by the person authorized to issue the
license pursuant to that chapter.
   26382.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun incident to and at the request of a
sheriff or chief or other head of a municipal police department.
   26383.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun by a person when done within a place
of business, a place of residence, or on private property, if done
with the permission of a person who, by virtue of subdivision (a) of
Section 25605, may carry openly an unloaded handgun within that place
of business, place of residence, or on that private property owned
or lawfully possessed by that person.
   26384.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun if all of the following conditions
are satisfied:
   (a) The open carrying occurs at an auction or similar event of a
nonprofit public benefit or mutual benefit corporation, at which
firearms are auctioned or otherwise sold to fund the activities of
that corporation or the local chapters of that corporation.
   (b) The unloaded handgun is to be auctioned or otherwise sold for
that nonprofit public benefit or mutual benefit corporation.
   (c) The unloaded handgun is to be delivered by a person licensed
pursuant to, and operating in accordance with, Sections 26700 to
26925, inclusive.
   26385.  (a)  The open carrying of an unloaded handgun pursuant to
paragraph (3) of subdivision (b) of Section 171c is not a violation
of Section 26350.
   (b) Operation of this section is contingent on AB 2668 adding
Section 171c to the Penal Code, and being enacted and becoming
effective on or before January 1, 2011.
   26386.  (a)  The open carrying of an unloaded handgun pursuant to
subparagraph (F) of paragraph (1) subdivision (c) of Section 171.7 is
not a violation of Section 26350.
   (b) Operation of this section is contingent on AB 2324 adding
Section 171.7 to the Penal Code, and being enacted and becoming
effective on or before January 1, 2011.
  SEC. 6.17.  Section 26600 is added to the Penal Code, to read:
   26600.  (a) Section 26500 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.18.  Section 26610 is added to the Penal Code, to read:
   26610.  (a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.19.  Section 26615 is added to the Penal Code, to read:
   26615.  (a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.20.  Section 26805 is added to the Penal Code, to read:
   26805.  (a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license.
   (b) (1) A person licensed pursuant to Sections 26700 and 26705 may
take possession of firearms and commence preparation of registers
for the sale, delivery, or transfer of firearms at any gun show or
event, as defined in Section 478.100 of Title 27 of the Code of
Federal Regulations, or its successor, if the gun show or event is
not conducted from any motorized or towed vehicle. A person
conducting business pursuant to this subdivision shall be entitled to
conduct business as authorized herein at any gun show or event in
the state, without regard to the jurisdiction within this state that
issued the license pursuant to Sections 26700 and 26705, provided the
person complies with all applicable laws, including, but not limited
to, the waiting period specified in subdivision (a) of Section
26815, and all applicable local laws, regulations, and fees, if any.
   (2) A person conducting business pursuant to this subdivision
shall publicly display the person's license issued pursuant to
Sections 26700 and 26705, or a facsimile thereof, at any
                               gun show or event, as specified in
this subdivision.
   (c) (1) A person licensed pursuant to Sections 26700 and 26705 may
engage in the sale and transfer of firearms other than handguns, at
events specified in Sections 26955, 27655, 27900, and 27905, subject
to the prohibitions and restrictions contained in those sections.
   (2) A person licensed pursuant to Sections 26700 and 26705 may
also accept delivery of firearms other than handguns, outside the
building designated in the license, provided the firearm is being
donated for the purpose of sale or transfer at an auction or similar
event specified in Section 27900.
   (d) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
   (1) The building designated in the license.
   (2) The places specified in subdivision (b) or (c).
   (3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
  SEC. 6.21.  Section 26820 is added to the Penal Code, to read:
   26820.  No handgun or imitation thereof, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
  SEC. 6.22.  Section 26840 is added to the Penal Code, to read:
   26840.  (a) Commencing April 1, 1994, and until January 1, 2003,
no pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
   (b) No dealer may deliver a handgun unless the person receiving
the handgun presents to the dealer a valid handgun safety
certificate. The firearms dealer shall retain a photocopy of the
handgun safety certificate as proof of compliance with this
requirement.
  SEC. 6.23.  Section 26845 is added to the Penal Code, to read:
   26845.  (a) No handgun may be delivered unless the purchaser,
transferee, or person being loaned the firearm presents documentation
indicating that the person is a California resident.
   (b) Satisfactory documentation shall include a utility bill from
within the last three months, a residential lease, a property deed,
or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by the
Department of Justice.
   (c) The firearms dealer shall retain a photocopy of the
documentation as proof of compliance with this requirement.
  SEC. 6.24.  Section 26850 is added to the Penal Code, to read:
   26850.  (a) Except as authorized by the department, no firearms
dealer may deliver a handgun unless the recipient performs a safe
handling demonstration with that handgun.
   (b) The safe handling demonstration shall commence with the
handgun unloaded and locked with the firearm safety device with which
it is required to be delivered, if applicable. While maintaining
muzzle awareness, that is, the firearm is pointed in a safe
direction, preferably down at the ground, and trigger discipline,
that is, the trigger finger is outside of the trigger guard and along
side of the handgun frame, at all times, the handgun recipient shall
correctly and safely perform the following:
   (1) If the handgun is a semiautomatic pistol, the steps listed in
Section 26853.
   (2) If the handgun is a double-action revolver, the steps listed
in Section 26856.
   (3) If the handgun is a single-action revolver, the steps listed
in Section 26859.
   (c) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
   (d) The firearms dealer shall sign and date an affidavit stating
that the requirements of subdivisions (a) and (b) have been met. The
firearms dealer shall additionally obtain the signature of the
handgun purchaser on the same affidavit. The firearms dealer shall
retain the original affidavit as proof of compliance with this
requirement.
   (e) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
   (f) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
   (g) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (b) of Section 31635.
   (h) The persons who are exempt from the requirements of
subdivision (a) of Section 31615, pursuant to Section 31700, are also
exempt from performing the safe handling demonstration.
  SEC. 6.25.  Section 26865 is added to the Penal Code, to read:
   26865.  The licensee shall offer to provide the purchaser or
transferee of a firearm, or person being loaned a firearm, with a
copy of the pamphlet described in Section 34205, and may add the cost
of the pamphlet, if any, to the sales price of the firearm.
  SEC. 6.26.  Section 26890 is added to the Penal Code, to read:
   26890.  (a) Except as provided in subdivisions (b) and (c) of
Section 26805, any time when the licensee is not open for business,
all inventory firearms shall be stored in the licensed location. All
firearms shall be secured using one of the following methods as to
each particular firearm:
   (1) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
   (2) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
   (3) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
   (b) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in
subdivision (a).
   (c) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
subdivision (a) if the licensee is unable to comply with those
requirements because of local ordinances, covenants, lease
conditions, or similar circumstances not under the control of the
licensee.
   (d) Subdivision (a) or (b) shall not apply to a licensee organized
as a nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of the Corporations
Code, or as a mutual benefit corporation pursuant to Part 3
(commencing with Section 7110) of Division 2 of the Corporations
Code, if both of the following conditions are satisfied:
   (1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
   (2) The firearms are not handguns.
  SEC. 6.27.  Section 26905 is added to the Penal Code, to read:
   26905.  (a) On the date of receipt, a licensee shall report to the
Department of Justice, in a format prescribed by the department, the
acquisition by the licensee of the ownership of a handgun, and
commencing July 1, 2012, of any firearm.
   (b) The provisions of this section shall not apply to any of the
following transactions:
   (1) A transaction subject to the provisions of Sections 26960 and
27660.
   (2) The dealer acquired the firearm from a wholesaler.
   (3) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
   (4) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
   (5) The dealer is also licensed as a secondhand dealer pursuant to
Article 4 (commencing with Section 21625) of Chapter 9 of Division 8
of the Business and Professions Code, acquires a handgun, and
reports its acquisition pursuant to Section 21628.2 of the Business
and Professions Code.
  SEC. 6.28.  Section 26955 is added to the Penal Code, to read:
   26955.  (a) The waiting period described in Section 26815 does not
apply to a dealer who delivers a firearm, other than a handgun, at
an auction or similar event described in Section 27900, as authorized
by subdivision (c) of Section 26805.
   (b) Within two business days of completion of the application to
purchase, the dealer shall forward by prepaid mail to the Department
of Justice a report of the application as is indicated in Section
28160 or 28165, as applicable.
   (c) If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the application as is indicated in Section 28160 or 28165,
as applicable.
  SEC. 6.29.  Section 26960 is added to the Penal Code, to read:
   26960.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of a handgun, and
commencing July 1, 2012, a firearm that is not a handgun, by a dealer
in either of the following situations:
   (1) The dealer is delivering the firearm to another dealer, the
firearm is not intended as merchandise in the receiving dealer's
business, and the requirements of subdivisions (b) and (c) are
satisfied.
   (2) The dealer is delivering the firearm to himself or herself,
the firearm is not intended as merchandise in the dealer's business,
and the requirements of subdivision (c) are satisfied.
   (b) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that the receiving dealer is licensed pursuant
to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800). This shall be done by complying with
Section 27555.
   (c) (1) Regardless of whether the dealer is selling, delivering,
or transferring the firearm to another dealer or to himself or
herself, on the date that the application to purchase is completed,
the dealer delivering the firearm shall forward by prepaid mail to
the Department of Justice a report of the application and the type of
information concerning the purchaser or transferee as is indicated
in Section 28160.
   (2) Where electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the application and the type of
information concerning the purchaser or transferee as is indicated in
Section 28160.
  SEC. 6.30.  Section 26965 is added to the Penal Code, to read:
   26965.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of a firearm to the holder
of a special weapons permit issued by the Department of Justice
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
Division 10 of this title.
   (b) On the date that the application to purchase is completed, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the application as is
indicated in Section 28160 or 28165, as applicable.
  SEC. 6.31.  Section 27050 is added to the Penal Code, to read:
   27050.  (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to any sale, delivery,
or transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.32.  Section 27060 is added to the Penal Code, to read:
   27060.  (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a peace
officer pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.33.  Section 27065 is added to the Penal Code, to read:
   27065.  (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.34.  Section 27110 is added to the Penal Code, to read:
   27110.  Until July 1, 2012, Article 1 (commencing with Section
26700) and Article 2 (commencing with Section 26800) do not apply to
the sale, delivery, or transfer of firearms if all of the following
conditions are satisfied:
   (a) The firearms are unloaded.
   (b) The firearms are not handguns.
   (c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
  SEC. 6.35.  Section 27130 is added to the Penal Code, to read:
   27130.  Until July 1, 2012, Article 1 (commencing with Section
26700) and Article 2 (commencing with Section 26800) do not apply to
the sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
  SEC. 6.36.  Section 27400 is added to the Penal Code, to read:
   27400.  (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to any sale, delivery,
or transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.37.  Section 27410 is added to the Penal Code, to read:
   27410.  (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a peace
officer pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.38.  Section 27415 is added to the Penal Code, to read:
   27415.  (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.39.  Section 27540 is added to the Penal Code, to read:
   27540.  No dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall deliver a firearm to a person,
as follows:
   (a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
   (b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
   (d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (e) No handgun shall be delivered unless the purchaser,
transferee, or person being loaned the handgun presents a handgun
safety certificate to the dealer.
   (f) No handgun shall be delivered whenever the dealer is notified
by the Department of Justice that within the preceding 30-day period
the purchaser has made another application to purchase a handgun and
that the previous application to purchase involved none of the
entities specified in subdivision (b) of Section 27535.
  SEC. 6.40.  Section 27560 is added to the Penal Code, to read:
   27560.  (a) Within 60 days of bringing a handgun into this state,
and commencing July 1, 2012, within 60 days of bringing any firearm
into this state, a personal firearm importer shall do one of the
following:
   (1) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
   (2) Sell or transfer the firearm in accordance with the provisions
of Section 27545 or in accordance with the provisions of an
exemption from Section 27545.
   (3) Sell or transfer the firearm to a dealer licensed pursuant to
Sections 26700 to 26915, inclusive.
   (4) Sell or transfer the firearm to a sheriff or police
department.
   (b) If all of the following requirements are satisfied, the
personal firearm importer shall have complied with the provisions of
this section:
   (1) The personal firearm importer sells or transfers the firearm
pursuant to Section 27545.
   (2) The sale or transfer cannot be completed by the dealer to the
purchaser or transferee.
   (3) The firearm can be returned to the personal firearm importer.
   (c) (1) The provisions of this section are cumulative and shall
not be construed as restricting the application of any other law.
   (2) However, an act or omission punishable in different ways by
this article and different provisions of the Penal Code shall not be
punished under more than one provision.
   (d) The department shall conduct a public education and
notification program regarding this section to ensure a high degree
of publicity of the provisions of this section.
   (e) As part of the public education and notification program
described in this section, the department shall do all of the
following:
   (1) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this section is advised of
the provisions of this section, and provided with blank copies of the
report described in paragraph (1) of subdivision (a), at the time
when that person applies for a California driver's license or
registers a motor vehicle in accordance with the Vehicle Code.
   (2) Make the reports referred to in paragraph (1) of subdivision
(a) available to dealers licensed pursuant to Sections 26700 to
26915, inclusive.
   (3) Make the reports referred to in paragraph (1) of subdivision
(a) available to law enforcement agencies.
   (4) Make persons subject to the provisions of this section aware
of all of the following:
   (A) The report referred to in paragraph (1) of subdivision (a) may
be completed at either a law enforcement agency or the licensed
premises of a dealer licensed pursuant to Sections 26700 to 26915,
inclusive.
   (B) It is advisable to do so for the sake of accuracy and
completeness of the report.
   (C) Before transporting a firearm to a law enforcement agency to
comply with subdivision (a), the person should give notice to the law
enforcement agency that the person is doing so.
   (D) In any event, the handgun should be transported unloaded and
in a locked container and a firearm that is not a handgun should be
transported unloaded.
   (f) Any costs incurred by the department to implement this section
shall be absorbed by the department within its existing budget and
the fees in the Dealers' Record of Sale Special Account allocated for
implementation of subdivisions (d) and (e) of this section pursuant
to Section 28235.
  SEC. 6.41.  Section 27565 is added to the Penal Code, to read:
   27565.  (a) This section applies in the following circumstances:
   (1) A person is licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (2) The licensed premises of that person are within this state.
   (3) The licensed collector acquires, outside of this state, a
handgun, or after July 1, 2012, any firearm.
   (4) The licensed collector takes actual possession of that firearm
outside of this state pursuant to the provisions of subsection (j)
of Section 923 of Title 18 of the United States Code, as amended by
Public Law 104-208, and transports the firearm into this state.
   (5) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations.
   (b) Within five days of transporting a firearm into this state
under the circumstances described in subdivision (a), the licensed
collector shall report the acquisition of that firearm to the
department in a format prescribed by the department.
  SEC. 6.42.  Section 27590 is added to the Penal Code, to read:
   27590.  (a) Except as provided in subdivision (b), (c), or (e), a
violation of this article is a misdemeanor.
   (b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment in the state prison for
two, three, or four years.
   (1) If the violation is of subdivision (a) of Section 27500.
   (2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, of this article or former
Section 12100 of this code, as that section read at any time from
when it was enacted by Section 3 of Chapter 1386 of the Statutes of
1988 to when it was repealed by Section 18 of Chapter 23 of
                                  the Statutes of 1994, or Section
8101 of the Welfare and Institutions Code.
   (3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.

   (4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of this title, or Section 8100 or 8103
of the Welfare and Institutions Code.
   (5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
   (6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.

   (c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.
   (2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
   (3) A violation of Section 27510 involving the delivery of a
handgun.
   (4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a handgun.
   (5) A violation of Section 27545 involving a handgun.
   (6) A violation of Section 27550.
   (d) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
   (1) A violation of Section 27510 or subdivision (b) of Section
27500.
   (2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
   (e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
   (2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
   (3) A third or subsequent violation of Section 27535 is a
misdemeanor.
   (4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.
  SEC. 6.43.  Section 27600 is added to the Penal Code, to read:
   27600.  (a) Article 1 (commencing with Section 27500) does not
apply to any sale, delivery, or transfer of firearms made to an
authorized law enforcement representative of any city, county, city
and county, or state, or of the federal government, for exclusive use
by that governmental agency if, prior to the sale, delivery, or
transfer of these firearms, written authorization from the head of
the agency authorizing the transaction is presented to the person
from whom the purchase, delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.44.  Section 27610 is added to the Penal Code, to read:
   27610.  (a) Article 1 (commencing with Section 27500) does not
apply to the sale, delivery, or transfer of a firearm by a law
enforcement agency to a peace officer pursuant to Section 10334 of
the Public Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.45.  Section 27615 is added to the Penal Code, to read:
   27615.  (a) Article 1 (commencing with Section 27500) does not
apply to the sale, delivery, or transfer of a firearm by a law
enforcement agency to a retiring peace officer who is authorized to
carry a firearm pursuant to Chapter 5 (commencing with Section 26300)
of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.46.  Section 27655 is added to the Penal Code, to read:
   27655.  (a) The waiting period described in Section 27540 does not
apply to a dealer who delivers a firearm, other than a handgun, at
an auction or similar event described in Section 27900, as authorized
by subdivision (c) of Section 26805.
   (b) Within two business days of completion of the application to
purchase, the dealer shall forward by prepaid mail to the Department
of Justice a report of the application as is indicated in Section
28160 or 28165, as applicable.
   (c) If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the application as is indicated in Section 28160 or 28165,
as applicable.
  SEC. 6.47.  Section 27660 is added to the Penal Code, to read:
   27660.  (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of a handgun, and
commencing July 1, 2012, a firearm that is not a handgun, by a dealer
in either of the following situations:
   (1) The dealer is delivering the firearm to another dealer, the
firearm is not intended as merchandise in the receiving dealer's
business, and the requirements of subdivisions (b) and (c) are
satisfied.
   (2) The dealer is delivering the firearm to himself or herself,
the firearm is not intended as merchandise in the dealer's business,
and the requirements of subdivision (c) are satisfied.
   (b) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that the receiving dealer is licensed pursuant
to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800). This shall be done by complying with
Section 27555.
   (c) (1) Regardless of whether the dealer is selling, delivering,
or transferring the firearm to another dealer or to himself or
herself, on the date that the application to purchase is completed,
the dealer delivering the firearm shall forward by prepaid mail to
the Department of Justice a report of the application and the type of
information concerning the purchaser or transferee as is indicated
in Section 28160.
   (2) Where electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the application and the type of
information concerning the purchaser or transferee as is indicated in
Section 28160.
  SEC. 6.48.  Section 27665 is added to the Penal Code, to read:
   27665.  (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of a firearm to the holder
of a special weapons permit issued by the Department of Justice
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
Division 10 of this title.
   (b) On the date that the application to purchase is completed, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the application as is
indicated in Section 28160 or 28165, as applicable.
  SEC. 6.49.  Section 27710 is added to the Penal Code, to read:
   27710.  Until July 1, 2012, Section 27540 does not apply to the
sale, delivery, or transfer of firearms if all of the following
conditions are satisfied:
   (a) The firearms are unloaded.
   (b) The firearms are not handguns.
   (c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
  SEC. 6.50.  Section 27730 is added to the Penal Code, to read:
   27730.  Until July 1, 2012, Section 27540 does not apply to the
sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
  SEC. 6.51.  Section 27860 is added to the Penal Code, to read:
   27860.  Section 27545 does not apply to the sale, delivery, loan,
or transfer of a firearm made by any person other than a
representative of an authorized law enforcement agency to any public
or private nonprofit historical society, museum, or institutional
collection, if all of the following conditions are met:
   (a) The entity receiving the firearm is open to the public.
   (b) The firearm is deactivated or rendered inoperable prior to
delivery.
   (c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
   (d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
   (e) If title to a handgun, and commencing July 1, 2012, any
firearm, is being transferred to the public or private nonprofit
historical society, museum, or institutional collection, then the
designated representative of that entity shall, within 30 days of
taking possession of that firearm, forward by prepaid mail or deliver
in person to the Department of Justice, a single report signed by
both parties to the transaction, which includes all of the following
information:
   (1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
   (2) Information on how title was obtained and from whom.
   (3) A description of the firearm in question.
   (4) A copy of the written statement referred to in subdivision
(d).
   (f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
  SEC. 6.52.  Section 27870 is added to the Penal Code, to read:
   27870.  (a) Section 27545 does not apply to the transfer of a
firearm, other than a handgun, by gift, bequest, intestate
succession, or other means from one individual to another, if both of
the following requirements are satisfied:
   (1) The transfer is infrequent, as defined in Section 16730.
   (2) The transfer is between members of the same immediate family.
   (b) This section shall become inoperative on July 1, 2012.
  SEC. 6.53.  Section 27875 is added to the Penal Code, to read:
   27875.  Section 27545 does not apply to the transfer of a handgun,
and commencing July 1, 2012, a firearm that is not a handgun, by
gift, bequest, intestate succession, or other means from one
individual to another, if all of the following requirements are met:
   (a) The transfer is infrequent, as defined in Section 16730.
   (b) The transfer is between members of the same immediate family.
   (c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
   (d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
   (e) The person receiving the firearm is 18 years of age or older.
  SEC. 6.54.  Section 27880 is added to the Penal Code, to read:
   27880.  Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
   (a) The loan is infrequent, as defined in Section 16730.
   (b) The loan is for any lawful purpose.
   (c) The loan does not exceed 30 days in duration.
   (d) The individual being loaned the handgun shall have a valid
handgun safety certificate, if the firearm is a handgun.
  SEC. 6.55.  Section 27915 is added to the Penal Code, to read:
   27915.  (a) Section 27545 does not apply to a person who takes
title or possession of a firearm by operation of law if both of the
following requirements are satisfied:
   (1) The firearm is not a handgun.
   (2) The person is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (b) This section shall become inoperative on July 1, 2012.
  SEC. 6.56.  Section 27920 is added to the Penal Code, to read:
   27920.  Section 27545 does not apply to a person who takes title
or possession of a handgun, and commencing July 1, 2012, a firearm
that is not a handgun, by operation of law if the person is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and all of the following conditions
are met:
   (a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
   (b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
   (1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
   (2) Prior to taking title or possession of the firearm, the person
shall obtain a handgun safety certificate, if the firearm is a
handgun.
   (c) Where the person receiving title or possession of the handgun,
and commencing July 1, 2012, a firearm that is not a handgun, is a
person described in subdivision (i) of Section 16990, on the date
that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that transferred or delivered the firearm, provided however,
that if the firearm is not a handgun and does not have a serial
number, identification number, or identification mark assigned to it,
that fact shall be noted. An agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
   (d) Where the person receiving title or possession of the handgun,
and commencing July 1, 2012, a firearm that is not a handgun, is a
person described in subdivision (j) of Section 16990, on the date
that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the AFS via
the CLETS by the law enforcement or state agency that transferred or
delivered the firearm, provided however, that if the firearm is not a
handgun and does not have a serial number, identification number, or
identification mark assigned to it, that fact shall be noted. An
agency without access to AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system. In addition, that law enforcement agency shall not
deliver that handgun to the person referred to in this subdivision
unless, prior to the delivery of the handgun, the person presents
proof to the agency that the person is the holder of a handgun safety
certificate.
   (e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.
  SEC. 6.57.  Section 28000 is added to the Penal Code, to read:
   28000.  A person who is exempt from Section 27545 or is otherwise
not required by law to report acquisition, ownership, or disposal of
a handgun, and commencing July 1, 2012, a firearm that is not a
handgun, or who moves out of this state with the person's handgun,
and commencing July 1, 2012, a firearm that is not a handgun, may
report that to the Department of Justice in a format prescribed by
the department.
  SEC. 6.58.  Section 28060 is added to the Penal Code, to read:
   28060.  The Attorney General shall adopt regulations under this
chapter to do all of the following:
   (a) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to preserve the
confidentiality of those records and to comply with the requirements
of this chapter and all of the following:
   (1) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2.
   (2) Article 1 (commencing with Section 27500) of Chapter 4.
   (3) Article 2 (commencing with Section 28150) of Chapter 6.
   (4) Article 3 (commencing with Section 28200) of Chapter 6.
   (b) Record sufficient information for purposes of subdivision (c)
of Section 11106 in the instance where a firearm is returned to a
personal firearm importer because a sale or transfer of that firearm
by the personal firearm importer could not be completed.
   (c) Ensure that the register or record of electronic transfer
shall state all of the following:
   (1) The name and address of the seller or transferor of the
firearm or the person loaning the firearm.
   (2) Whether or not the person is a personal firearm importer.
   (3) Any other information required by Article 2 (commencing with
Section 28150) of Chapter 6.
  SEC. 6.59.  Section 28100 is added to the Penal Code, to read:
   28100.  (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Article 2
(commencing with Section 28150).
   (b) This section shall not apply to any of the following
transactions:
   (1) The loan of an unloaded firearm by a dealer to a person who
possesses a valid entertainment firearms permit issued pursuant to
Chapter 2 (commencing with Section 29500) of Division 8, for use
solely as a prop in a motion picture, television, video, theatrical,
or other entertainment production or event.
   (2) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
   (3) Until July 1, 2012, the sale, delivery, or transfer of an
unloaded firearm, other than a handgun, by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
   (4) The sale, delivery, or transfer of an unloaded firearm by a
dealer who sells, delivers, or transfers the firearm to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and any regulations issued pursuant thereto.
   (5) The sale, delivery, or transfer of an unloaded firearm by a
dealer to a wholesaler if that firearm is being returned to the
wholesaler and is intended as merchandise in the wholesaler's
business.
   (6) The sale, delivery, or transfer of an unloaded firearm by a
dealer to another dealer, upon proof of compliance with the
requirements of Section 27555, if the firearm is intended as
merchandise in the receiving dealer's business.
   (7) Until July 1, 2012, the sale, delivery, or transfer of an
unloaded firearm, other than a handgun, by a dealer to himself or
herself.
   (8) The loan of an unloaded firearm by a dealer who also operates
a target facility which holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purpose of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or club or organization, if the
firearm is kept at all times within the premises of the target range
or on the premises of the club or organization.
   (9) The loan of an unloaded firearm by a dealer to a
consultant-evaluator, if the loan does not exceed 45 days from the
date of delivery of the firearm by the dealer to the
consultant-evaluator.
   (10) The return of an unloaded firearm to the owner of that
firearm by a dealer, if the owner initially delivered the firearm to
the dealer for service or repair.
   (11) The sale, delivery, or transfer of an unloaded firearm by a
dealer to a person licensed as an importer or manufacturer pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
   (c) A violation of this section is a misdemeanor.
  SEC. 6.60.  Section 28160 is added to the Penal Code, to read:
   28160.  (a) Until July 1, 2012, for handguns, and thereafter for
all firearms, the register or record of electronic transfer shall
include all of the following information:
   (1) The date and time of sale.
   (2) The make of firearm.
   (3) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
   (4) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
   (5) Dealer waiting period exemption pursuant to Sections 26960 and
27660.
   (6) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
   (7) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
   (8) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
   (9) For transactions occurring prior to January 1, 2003, the
purchaser's basic firearms safety certificate number issued pursuant
to former Sections 12805 and 12809, as those sections read at any
time from when they became operative on January 1, 1992, to when they
were repealed on January 1, 2003.
   (10) For transactions occurring on or after January 1, 2003, the
purchaser's handgun safety certificate number issued pursuant to
Article 2 (commencing with Section 31610) of Chapter 4 of Division 10
of this title, or pursuant to former Article 8 (commencing with
Section 12800) of Chapter 6 of Title 2 of Part 4, as that article
read at any time from when it became operative on January 1, 2003, to
when it was repealed by the Deadly Weapons Recodification Act of
2010.
   (11) Manufacturer's name if stamped on the firearm.
   (12) Model name or number, if stamped on the firearm.
   (13) Serial number, if applicable.
   (14) Other number, if more than one serial number is stamped on
the firearm.
   (15) Any identification number or mark assigned to the firearm
pursuant to Section 23910, provided however, that if the firearm is
not a handgun and does not have a serial number, identification
number, or mark assigned to it, a notation as to that fact.
   (16) Caliber.
   (17) Type of firearm.
   (18) If the firearm is new or used.
   (19) Barrel length.
   (20) Color of the firearm.
   (21) Full name of purchaser.
   (22) Purchaser's complete date of birth.
   (23) Purchaser's local address.
   (24) If current address is temporary, complete permanent address
of purchaser.
   (25) Identification of purchaser.
   (26) Purchaser's place of birth (state or country).
   (27) Purchaser's complete telephone number.
   (28) Purchaser's occupation.
   (29) Purchaser's sex.
   (30) Purchaser's physical description.
                                                              (31)
All legal names and aliases ever used by the purchaser.
   (32) Yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Chapter 2 (commencing with Section 29800) or an offense described in
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, the purchaser's status as a person described in Section 8100
of the Welfare and Institutions Code, whether the purchaser is a
person who has been adjudicated by a court to be a danger to others
or found not guilty by reason of insanity, and whether the purchaser
is a person who has been found incompetent to stand trial or placed
under conservatorship by a court pursuant to Section 8103 of the
Welfare and Institutions Code.
   (33) Signature of purchaser.
   (34) Signature of salesperson, as a witness to the purchaser's
signature.
   (35) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
   (36) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
   (37) The establishment number, if assigned.
   (38) The dealer's complete business telephone number.
   (39) Any information required by Chapter 5 (commencing with
Section 28050).
   (40) Any information required to determine whether subdivision (f)
of Section 27540 applies.
   (41) A statement of the penalties for signing a fictitious name or
address, knowingly furnishing any incorrect information, or
knowingly omitting any information required to be provided for the
register.
   (b) The purchaser shall provide the purchaser's right thumbprint
on the register in a manner prescribed by the department. No
exception to this requirement shall be permitted except by
regulations adopted by the department.
   (c) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
  SEC. 6.61.  Section 28165 is added to the Penal Code, to read:
   28165.  (a) For firearms other than handguns, the register or
record of electronic transfer shall include all of the following
information:
   (1) The date and time of sale.
   (2) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
   (3) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
   (4) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
   (5) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
   (6) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
   (7) Full name of purchaser.
   (8) Purchaser's complete date of birth.
   (9) Purchaser's local address.
   (10) If current address is temporary, complete permanent address
of purchaser.
   (11) Identification of purchaser.
   (12) Purchaser's place of birth (state or country).
   (13) Purchaser's complete telephone number.
   (14) Purchaser's occupation.
   (15) Purchaser's sex.
   (16) Purchaser's physical description.
   (17) All legal names and aliases ever used by the purchaser.
   (18) Yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Chapter 2 (commencing with Section 29800) or an offense described in
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, the purchaser's status as a person described in Section 8100
of the Welfare and Institutions Code, whether the purchaser is a
person who has been adjudicated by a court to be a danger to others
or found not guilty by reason of insanity, whether the purchaser is a
person who has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code.
   (19) Signature of purchaser.
   (20) Signature of salesperson, as a witness to the purchaser's
signature.
   (21) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
   (22) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
   (23) The establishment number, if assigned.
   (24) The dealer's complete business telephone number.
   (25) Any information required by Chapter 5 (commencing with
Section 28050).
   (26) A statement of the penalties for any person signing a
fictitious name or address, knowingly furnishing any incorrect
information, or knowingly omitting any information required to be
provided for the register.
   (b) The purchaser shall provide the purchaser's right thumbprint
on the register in a manner prescribed by the department. No
exception to this requirement shall be permitted except by
regulations adopted by the department.
   (c) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
   (d) This subdivision shall become inoperative on July 1, 2012.
  SEC. 6.62.  Section 28170 is added to the Penal Code, to read:
   28170.  Where the register is used, the following shall apply:
   (a) Dealers shall use ink to complete each document.
   (b) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
   (c) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions, which shall include the
information set forth in this section.
   (d) One firearm transaction shall be reported on each record of
sale document.
  SEC. 6.63.  Section 28180 is added to the Penal Code, to read:
   28180.  (a) The purchaser's name, date of birth, and driver's
license or identification number shall be obtained electronically
from the magnetic strip on the purchaser's driver's license or
identification and shall not be supplied by any other means, except
as authorized by the department.
   (b) The requirement of subdivision (a) shall not apply in either
of the following cases:
   (1) The purchaser's identification consists of a military
identification card.
   (2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
   (c) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
section shall be obtained by an alternative method to be determined
by the department.
  SEC. 6.64.  Section 28180 is added to the Penal Code, to read:
   28180.  (a) Effective January 1, 2003, the purchaser's name, date
of birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means, except as authorized by the department.
   (b) The requirement of subdivision (a) shall not apply in either
of the following cases:
   (1) The purchaser's identification consists of a military
identification card.
   (2) Due to technical limitations, the magnetic strip reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
   (c) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
section shall be obtained by an alternative method to be determined
by the department.
  SEC. 6.65.  Section 28180 is added to the Penal Code, to read:
   28180.  (a) The purchaser's name, date of birth, and driver's
license or identification number shall be obtained electronically
from the magnetic strip on the purchaser's driver's license or
identification and shall not be supplied by any other means, except
as authorized by the department.
   (b) The requirement of subdivision (a) shall not apply in either
of the following cases:
   (1) The purchaser's identification consists of a military
identification card.
   (2) Due to technical limitations, the magnetic strip reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
   (c) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
section shall be obtained by an alternative method to be determined
by the department.
  SEC. 6.66.  Section 28185 is added to the Penal Code, to read:
   28185.  (a) No dealer shall provide the information required by
this article to any third party, or use the information for any
purpose other than as required or authorized by statute or
regulation, without the written consent of the purchaser or
transferee.
   (b) This section shall not apply to the electronic submission of
information to the department as required by this article and Article
3 (commencing with Section 28200), through a third party authorized
by the department.
  SEC. 6.67.  Section 28190 is added to the Penal Code, to read:
   28190.  Any records generated pursuant to this article by a person
licensed pursuant to Sections 26700 to 26915, inclusive, that are no
longer required to be maintained by that licensee, if destroyed,
shall be destroyed in accordance with Section 1798.31 of the Civil
Code.
  SEC. 6.68.  Section 28210 is added to the Penal Code, to read:
   28210.  (a) (1) Where the register is used, the purchaser of any
firearm shall be required to present to the dealer clear evidence of
the person's identity and age.
   (2) The dealer shall require the purchaser to sign the purchaser's
current legal name and affix the purchaser's residence address and
date of birth to the register in quadruplicate.
   (3) The salesperson shall sign the register in quadruplicate, as a
witness to the signature and identification of the purchaser.
   (b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the register shall be
punished as provided in Section 28250.
   (c) (1) The original of the register shall be retained by the
dealer in consecutive order.
   (2) Each book of 50 originals shall become the permanent register
of transactions, which shall be retained for not less than three
years from the date of the last transaction.
   (3) Upon presentation of proper identification, the permanent
register of transactions shall be available for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Until July 1, 2012, no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not handguns.
   (d) On the date of the application to purchase, two copies of the
original sheet of the register shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
   (e) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
   (f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a photocopy of
the original shall be provided to the seller or purchaser by the
dealer, upon request. The dealer shall redact all of the purchaser's
personal information, as required pursuant to subdivision (a) of
Section 28160 and subdivision (a) of Section 28165, from the seller's
copy, and the seller's personal information from the purchaser's
copy.
  SEC. 6.69.  Section 28215 is added to the Penal Code, to read:
   28215.  (a) (1) Where the electronic or telephonic transfer of
applicant information is used, the purchaser shall be required to
present to the dealer clear evidence of the person's identity and
age.
   (2) The dealer shall require the purchaser to sign the purchaser's
current legal name to the record of electronic or telephonic
transfer.
   (3) The salesperson shall sign the record of electronic or
telephonic transfer, as a witness to the signature and identification
of the purchaser.
   (b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer shall be punished as provided in Section 28250.
   (c) (1) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.
   (2) Each original shall become the permanent record of the
transaction, which shall be retained for not less than three years
from the date of the last transaction.
   (3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Until July 1, 2012, no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not handguns.
   (d) On the date of the application to purchase, the record of
applicant information shall be transmitted to the Department of
Justice by electronic or telephonic transfer.
   (e) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
   (f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy shall
be provided to the seller or purchaser by the dealer, upon request.
The dealer shall redact all of the purchaser's personal information,
as required pursuant to subdivision (a) of Section 28160 and
subdivision (a) of Section 28165, from the seller's copy, and the
seller's personal information from the purchaser's copy.
  SEC. 6.70.  Section 28220 is added to the Penal Code, to read:
   28220.  (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
   (c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which the
sale was made, or if the sale was made in a district in which there
is no municipal police department, the sheriff of the county in which
the sale was made, of that fact.
   (d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with submission
of copies of the register, the department may notify the dealer of
that fact. Upon notification by the department, the dealer shall
submit corrected copies of the register to the department, or shall
submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
   (e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the firearm
to be purchased, or if the fee required pursuant to Section 28225 is
not transmitted by the dealer in conjunction with transmission of
the electronic or telephonic record, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall transmit corrections to the record of electronic or telephonic
transfer to the department, or shall transmit any fee required
pursuant to Section 28225, or both, as appropriate, and if
notification by the department is received by the dealer at any time
prior to delivery of the firearm to be purchased, the dealer shall
withhold delivery until the conclusion of the waiting period
described in Sections 26815 and 27540.
  SEC. 6.71.  Section 28240 is added to the Penal Code, to read:
   28240.  (a) Until July 1, 2012, only one fee shall be charged
pursuant to this article for a single transaction on the same date
for the sale of any number of firearms that are not handguns or for
the taking of possession of those firearms.
   (b) In a single transaction on the same date for the delivery of
any number of firearms that are handguns, and commencing July 1,
2012, for any firearm, the department shall charge a reduced fee
pursuant to this article for the second and subsequent firearms that
are part of that transaction.
   (c) Only one fee shall be charged pursuant to this article for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to Section 26905, 27870, 27875,
27915, 27920, or 27925.
  SEC. 6.72.  Section 28245 is added to the Penal Code, to read:
   28245.  Whenever the Department of Justice acts pursuant to this
article as it pertains to firearms other than handguns, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
  SEC. 6.73.  Section 28400 is added to the Penal Code, to read:
   28400.  (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
any sale, delivery, or transfer of firearms made to an authorized
law enforcement representative of any city, county, city and county,
or state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.74.  Section 28410 is added to the Penal Code, to read:
   28410.  (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the sale, delivery, or transfer of a firearm by a law enforcement
agency to a peace officer pursuant to Section 10334 of the Public
Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.75.  Section 28415 is added to the Penal Code, to read:
   28415.  (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the sale, delivery, or transfer of a firearm by a law enforcement
agency to a retiring peace officer who is authorized to carry a
firearm pursuant to Chapter 5 (commencing with Section 26300) of
Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.76.  Section 29805 is added to the Penal Code, to read:
   29805.  Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,
245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or
830.95, subdivision (a) of former Section 12100, as that section read
at any time from when it was enacted by Section 3 of Chapter 1386 of
the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or
Section 27510, or Section 8100, 8101, or 8103 of the Welfare and
Institutions Code, any firearm-related offense pursuant to Sections
871.5 and 1001.5 of the Welfare and Institutions Code, or of the
conduct punished in subdivision (c) of Section 27590, and who, within
10 years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be punishable by imprisonment in a county
jail not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
section. However, the prohibition in this section may be reduced,
eliminated, or conditioned as provided in Section 29855 or 29860.
  SEC. 6.77.  Section 29825 is added to the Penal Code, to read:
   29825.  (a) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that the person is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil
Procedure, a protective order as defined in Section 6218 of the
Family Code, a protective order issued pursuant to Section 136.2 or
646.91 of this code, or a protective order issued pursuant to Section
15657.03 of the Welfare and Institutions Code, is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (b) Every person who owns or possesses a firearm knowing that the
person is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of
the Code of Civil Procedure, a protective order as defined in Section
6218 of the Family Code, a protective order issued pursuant to
Section 136.2 or 646.91 of this code, or a protective order issued
pursuant to Section 15657.03 of the Welfare and Institutions Code, is
guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (c) If probation is granted upon conviction of a violation of this
section, the court shall impose probation consistent with Section
1203.097.
   (d) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect. The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order. The order shall state the penalties for
a violation of the prohibition. The order shall also state on its
face the expiration date
          for relinquishment.
  SEC. 6.78.  Section 30105 is added to the Penal Code, to read:
   30105.  (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
personal information required by Section 28160 or 28165, as
applicable, but not information regarding any firearm, to the
department, in an application specified by the department.
   (b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.

   (c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department.
   (d) Upon receipt of a notarized application and fee, the
department shall do all of the following:
   (1) Examine its records, and the records it is authorized to
request from the State Department of Mental Health pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
   (2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
   (e) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
   (f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Web site.
   (g) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
   (h) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
   (i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:
   "No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 30105 of the Penal Code. A
violation of these provisions is a misdemeanor."
   "If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."
  SEC. 6.79.  Section 30150 is added to the Penal Code, to read:
   30150.  (a) Section 30105 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.80.  Section 30160 is added to the Penal Code, to read:
   30160.  (a) Section 30105 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.81.  Section 30165 is added to the Penal Code, to read:
   30165.  (a) Section 30105 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.82.  Section 30312 is added to the Penal Code, to read:
   30312.  (a) Commencing February 1, 2011, the delivery or transfer
of ownership of handgun ammunition in this state may only occur in a
face-to-face transaction with the deliverer or transferor being
provided bona fide evidence of identity from the purchaser or other
transferee, provided, however, that handgun ammunition may be
purchased over the Internet or through other means of remote ordering
if a handgun ammunition vendor in California initially receives the
ammunition and processes the transfer in compliance with this section
and Article 3 (commencing with Section 30345).
   (b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of handgun ammunition to any of the following:
   (1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer of the handgun
ammunition, written authorization from the head of the agency
employing the purchaser or transferee is obtained, identifying the
employee as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency
employing the individual.
   (2) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of the officer's duties.
   (3) An importer or manufacturer of handgun ammunition or firearms
who is licensed to engage in business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
   (5) A person who is licensed as a dealer or collector of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto,
and who has a current certificate of eligibility issued by the
Department of Justice pursuant to Section 26710.
   (6) A handgun ammunition vendor.
   (7) A consultant-evaluator.
   (c) A violation of this section is a misdemeanor.
  SEC. 6.83.  Section 30346 is added to the Penal Code, to read:
   30346.  (a) Commencing February 1, 2011, a vendor shall provide
written notice to the local police chief, or if the vendor is in an
unincorporated area, to the county sheriff, of the vendor's intent to
conduct business in the jurisdiction, and shall obtain any
regulatory or business license required by the jurisdiction for
ammunition sellers.
   (b) Copies of the ammunition sales records required by this
article shall be transmitted to the county sheriff or chief of police
if required by local law.
  SEC. 6.84.  Section 30352 is added to the Penal Code, to read:
   30352.  (a) Commencing February 1, 2011, a vendor shall not sell
or otherwise transfer ownership of any handgun ammunition without, at
the time of delivery, legibly or electronically recording the
following information:
   (1) The date of the sale or other transaction.
   (2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
   (3) The brand, type, and amount of ammunition sold or otherwise
transferred.
   (4) The purchaser's or transferee's signature.
   (5) The name of the salesperson who processed the sale or other
transaction.
   (6) The right thumbprint of the purchaser or transferee on the
above form.
   (7) The purchaser's or transferee's full residential address and
telephone number.
   (8) The purchaser's or transferee's date of birth.
   (b) Subdivision (a) shall not apply to or affect sales or other
transfers of ownership of handgun ammunition by handgun ammunition
vendors to any of the following, if properly identified:
   (1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
   (2) A handgun ammunition vendor.
   (3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
   (4) A target facility that holds a business or regulatory license.

   (5) A gunsmith.
   (6) A wholesaler.
   (7) A manufacturer or importer of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
   (8) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of
the handgun ammunition, written authorization from the head of the
agency authorizing the transaction is presented to the person from
whom the purchase, delivery, or transfer is being made. Proper
written authorization is defined as verifiable written certification
from the head of the agency by which the purchaser, transferee, or
person otherwise acquiring ownership is employed, identifying the
employee as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which that individual is employed.
  SEC. 6.85.  Section 30355 is added to the Penal Code, to read:
   30355.  (a) Commencing February 1, 2011, the records required by
this article shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer.
   (b) Any records required by this article that are no longer
required to be maintained shall be destroyed in a manner that
protects the privacy of the purchaser or transferee who is the
subject of the record.
  SEC. 6.86.  Section 30355 is added to the Penal Code, to read:
   30355.  (a) Commencing February 1, 2011, the records required by
this article shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer.
   (b) Any records required by this article that are no longer
required to be maintained shall be destroyed in a manner that
protects the privacy of the purchaser or transferee who is the
subject of the record.
   (c) Any records generated pursuant to this article that are no
longer required to be maintained shall be destroyed in accordance
with Section 1798.81 of the Civil Code.
  SEC. 6.87.  Section 30357 is added to the Penal Code, to read:
   30357.  (a) Commencing February 1, 2011, the records referred to
in Section 30352 shall be subject to inspection at any time during
normal business hours by any peace officer employed by a sheriff,
city police department, or district attorney as provided in
subdivision (a) of Section 830.1, or employed by the department as
provided in subdivision (b) of Section 830.1, provided that the
officer is conducting an investigation where access to those records
is or may be relevant, is seeking information about persons
prohibited from owning a firearm or ammunition, or is engaged in
ensuring compliance with the Dangerous Weapons Control Law, as
defined in Section 23500, or any other laws pertaining to firearms or
ammunition.
   (b) The records referred to in Section 30352 shall also be subject
to inspection at any time during normal business hours by any other
employee of the department, provided that the employee is conducting
an investigation where access to those records is or may be relevant,
is seeking information about persons prohibited from owning a
firearm or ammunition, or is engaged in ensuring compliance with the
Dangerous Weapons Control Law, as defined in Section 23500, or any
other laws pertaining to firearms or ammunition.
   (c) Records may be copied for investigatory or enforcement
purposes by any person authorized to inspect those records pursuant
to this article.
  SEC. 6.88.  Section 30358 is added to the Penal Code, to read:
   30358.  Commencing February 1, 2011, except for the purposes set
forth in Section 30357, no vendor shall provide the information
specified in subdivision (a) of Section 30352 to any third party
without the written consent of the purchaser or transferee.
  SEC. 6.89.  Section 30358 is added to the Penal Code, to read:
   30358.  Commencing February 1, 2011, except for the purposes set
forth in Section 30357, no vendor shall provide the information
specified in subdivision (a) of Section 30352 to any third party, or
use the information for any purpose other than as is required or
authorized by statute or regulation, without the written consent of
the purchaser or transferee of the handgun ammunition who is the
subject of the record.
  SEC. 6.895.  Section 30365 is added to the Penal Code, to read:
   30365.  (a) A violation of Section 30352, 30355, 30358, 30360, or
30362 is a misdemeanor.
   (b) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
  SEC. 6.90.  Section 31705 is added to the Penal Code, to read:
   31705.  (a) Subdivision (a) of Section 31615 does not apply to any
sale, delivery, or transfer of firearms made to an authorized law
enforcement representative of any city, county, city and county, or
state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.91.  Section 31715 is added to the Penal Code, to read:
   31715.  (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.92.  Section 31720 is added to the Penal Code, to read:
   31720.  (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2102, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 6.93.  Section 31735 is added to the Penal Code, to read:
   31735.  Subdivision (a) of Section 31615 does not apply to the
sale, delivery, loan, or transfer of a firearm made by any person
other than a representative of an authorized law enforcement agency
to any public or private nonprofit historical society, museum, or
institutional collection, if all of the following conditions are met:

   (a) The entity receiving the firearm is open to the public.
   (b) The firearm is deactivated or rendered inoperable prior to
delivery.
   (c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
   (d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
   (e) If title to a handgun, and commencing July 1, 2012, any
firearm, is being transferred to the public or private nonprofit
historical society, museum, or institutional collection, then the
designated representative of that entity shall, within 30 days of
taking possession of that firearm, forward by prepaid mail or deliver
in person to the Department of Justice, a single report signed by
both parties to the transaction, which includes all of the following
information:
   (1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
   (2) Information on how title was obtained and from whom.
   (3) A description of the firearm in question.
   (4) A copy of the written statement referred to in subdivision
(d).
   (f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
  SEC. 6.94.  Section 31775 is added to the Penal Code, to read:
   31775.  Until July 1, 2012, subdivision (a) of Section 31615 does
not apply to the sale, delivery, or transfer of firearms if all of
the following conditions are satisfied:
   (a) The firearms are unloaded.
   (b) The firearms are not handguns.
   (c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
  SEC. 6.95.  Section 31795 is added to the Penal Code, to read:
   31795.  Until July 1, 2012, subdivision (a) of Section 31615 does
not apply to the sale, delivery, or transfer of an unloaded firearm,
other than a handgun, by a dealer to himself or herself.
  SEC. 6.96.  Section 33850 is added to the Penal Code, to read:
   33850.  (a) Any person who claims title to any firearm that is in
the custody or control of a court or law enforcement agency and who
wishes to have the firearm returned shall make application for a
determination by the Department of Justice as to whether the
applicant is eligible to possess a firearm. The application shall
include the following:
   (1) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
   (2) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, the application shall also
include the applicant's country of citizenship and the applicant's
alien registration or I-94 number.
   (3) If the firearm is a handgun, and commencing July 1, 2012, for
any firearm, the firearm's make, model, caliber, barrel length,
handgun type, country of origin, and serial number, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, a place on the application to note that fact.
   (4) For residents of California, the applicant's valid California
driver's license number or valid California identification card
number issued by the Department of Motor Vehicles. For nonresidents
of California, a copy of the applicant's military identification with
orders indicating that the individual is stationed in California, or
a copy of the applicant's valid driver's license from the applicant'
s state of residence, or a copy of the applicant's state
identification card from the applicant's state of residence. Copies
of the documents provided by non-California residents shall be
notarized.
   (5) The name of the court or law enforcement agency holding the
firearm.
   (6) The signature of the applicant and the date of signature.
   (7) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4), shall
be guilty of a misdemeanor.
   (b) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain possession
of the firearm, and the firearm is an otherwise legal firearm, and
the person otherwise has right to title of the firearm, shall be
entitled to sell or transfer title of the firearm to a licensed
dealer.
   (c) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4) of
subdivision (a), is punishable as a misdemeanor.
  SEC. 6.97.  Section 33860 is added to the Penal Code, to read:
   33860.  (a) The Department of Justice shall establish a fee of
twenty dollars ($20) per request for return of a firearm, plus a
three-dollar ($3) charge for each additional firearm being processed
as part of the request to return a firearm, to cover its costs for
processing firearm clearance determinations submitted pursuant to
this chapter.
   (b) The fees collected pursuant to subdivision (a) shall be
deposited into the Dealers' Record of Sale Special Account.
   (c) The department may increase the fee by using the California
Consumer Price Index as compiled and reported by the California
Department of Industrial Relations to determine an annual rate of
increase. Any fee increase shall be rounded to the nearest dollar.
  SEC. 6.98.  Section 33865 is added to the Penal Code, to read:
   33865.  (a) When the Department of Justice receives a completed
application pursuant to Section 33850 accompanied by the fee required
pursuant to Section 33860, it shall conduct an eligibility check of
the applicant to determine whether the applicant is eligible to
possess a firearm.
   (b) The department shall have 30 days from the date of receipt to
complete the background check, unless the background check is delayed
by circumstances beyond the control of the department. The applicant
may contact the department to inquire about the reason for a delay.
   (c) If the department determines that the applicant is eligible to
possess the firearm, the department shall provide the applicant with
written notification that
     includes the following:
   (1) The identity of the applicant.
   (2) A statement that the applicant is eligible to possess a
firearm.
   (3) A description of the firearm by make, model, and serial
number, provided, however, that if the firearm is not a handgun and
does not have a serial number, identification number, or
identification mark assigned to it, a place on the application to
note that fact.
   (d) If the firearm is a handgun, and commencing July 1, 2012, for
any firearm, the department shall enter a record of the firearm into
the Automated Firearms System, provided, however, that if the firearm
is not a handgun and does not have a serial number, identification
number, or identification mark assigned to it, the department shall
note that fact.
   (e) If the department denies the application, and the firearm is
an otherwise legal firearm, the department shall notify the applicant
of the denial and provide a form for the applicant to use to sell or
transfer the firearm to a licensed dealer. The applicant may contact
the department to inquire about the reason for the denial.
  SEC. 6.99.  Section 33880 is added to the Penal Code, to read:
   33880.  (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution imposing a charge
equal to its administrative costs relating to the seizure,
impounding, storage, or release of a firearm.
   (b) The fee under subdivision (a) shall not exceed the actual
costs incurred for the expenses directly related to taking possession
of a firearm, storing the firearm, and surrendering possession of
the firearm to a licensed firearms dealer or to the owner.
   (c) The administrative costs described in subdivisions (a) and (b)
may be waived by the local or state agency upon verifiable proof
that the firearm was reported stolen at the time the firearm came
into the custody or control of the law enforcement agency.
   (d) The following apply to any charges imposed for administrative
costs pursuant to this section:
   (1) The charges shall only be imposed on the person claiming title
to the firearm.
   (2) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
   (3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
   (4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a firearm, unless that
hearing or appeal was requested in writing by the legal owner of the
firearm. In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
   (e) No costs for any hearing or appeal related to the release of a
firearm shall be charged to the legal owner who redeems the firearm,
unless the legal owner voluntarily requests the poststorage hearing
or appeal. No city, county, city and county, or state agency shall
require a legal owner to request a poststorage hearing as a
requirement for release of the firearm to the legal owner.
  SEC. 6.100.  Section 33890 is added to the Penal Code, to read:
   33890.  (a) Notwithstanding Section 11106, the Department of
Justice may retain personal information about an applicant in
connection with a claim under this chapter for a firearm that is not
a handgun, to allow for law enforcement confirmation of compliance
with this chapter. The information retained may include personal
identifying information regarding the individual applying for the
clearance, but may not include information that identifies any
particular firearm that is not a handgun.
   (b) This section shall become inoperative on July 1, 2012.
  SEC. 6.101.  Section 34355 is added to the Penal Code, to read:
   34355.  (a) Section 34350 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
   (b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
   (c) Within 10 days of the date a handgun, and commencing July 1,
2012, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
  SEC. 6.102.  Section 34365 is added to the Penal Code, to read:
   34365.  (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, delivered, or
transferred shall be entered into the Automated Firearms System (AFS)
via the California Law Enforcement Telecommunications System (CLETS)
by the law enforcement or state agency that sold, delivered, or
transferred the firearm. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
  SEC. 6.103.  Section 34370 is added to the Penal Code, to read:
   34370.  (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
   (b) Within 10 days of the date that a handgun, and commencing July
1, 2012, any firearm, is sold, delivered, or transferred to that
retiring peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
  SEC. 7.  The California Law Revision Commission is authorized to
study and to make recommendations to the Legislature and the Governor
regarding the minor clean-up issues identified in the report
prepared by that commission pursuant to Resolution Chapter 128 of the
Statutes of 2006.
  SEC. 8.01.  Section 6.01 of this bill adds Section 12021.5 to the
Penal Code, and incorporates into that section amendments to Section
12021.5 of the Penal Code, as added by Section 8 of Chapter 171 of
the Statutes of 2009, proposed by AB 2263. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 2263 amends Section 12021.5 of the
Penal Code, as added by Section 8 of Chapter 171 of the Statutes of
2009, (3) this bill repeals and adds Section 12021.5 of the Penal
Code on January 1, 2012, and (4) this bill is enacted after AB 2263,
in which case Section 12021.5 as proposed to be added by Section 5 of
this bill shall not become operative.
  SEC. 8.02.  Section 6.02 of this bill adds Section 12022.2 to the
Penal Code, and incorporates into that section amendments to Section
12022.2 of the Penal Code, as added by Section 10 of Chapter 171 of
the Statutes of 2009, proposed by AB 2263. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 2263 amends Section 12022.2 of the
Penal Code, as added by Section 10 of Chapter 171 of the Statutes of
2009, (3) this bill repeals and adds Section 12022.2 of the Penal
Code on January 1, 2012, and (4) this bill is enacted after AB 2263,
in which case Section 12022.2 as proposed to be added by Section 5 of
this bill shall not become operative.
  SEC. 8.03.  Section 6.03 of this bill adds Section 12022.4 to the
Penal Code, and incorporates into that section amendments to Section
12022.4 of the Penal Code, as added by Section 12 of Chapter 171 of
the Statutes of 2009, proposed by AB 2263. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 2263 amends Section 12022.4 of the
Penal Code, as added by Section 12 of Chapter 171 of the Statutes of
2009, (3) this bill repeals and adds Section 12022.4 of the Penal
Code on January 1, 2012, and (4) this bill is enacted after AB 2263,
in which case Section 12022.4 as proposed to be added by Section 5 of
this bill shall not become operative.
  SEC. 8.04.  Section 6.04 of this bill adds Section 16520 to the
Penal Code, and incorporates into that section amendments to
subdivision (e) of Section 12001 of the Penal Code proposed by AB
1934. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1934 amends
subdivision (e) of Section 12001 of the Penal Code, (3) this bill
adds Section 16520 to the Penal Code, and (4) this bill is enacted
after AB 1934, in which case Section 16520 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.045.  Section 6.045 of this bill adds Section 16650 to the
Penal Code, and incorporates into that section amendments to Section
12323 of the Penal Code proposed by AB 2358. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 2358 amends Section 12323 of the Penal
Code, (3) this bill adds Section 16650 to the Penal Code, and (4)
this bill is enacted after AB 2358, in which case Section 16650 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.05.  Section 6.05 of this bill adds Section 16840 to the
Penal Code, and adjusts a cross-reference in that section to reflect
amendments to Section 12025 of the Penal Code proposed by AB 1934. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) AB 1934 amends Section
12025 of the Penal Code to delete subdivision (b), (3) this bill adds
Section 16840 to the Penal Code, and (4) this bill is enacted after
AB 1934, in which case Section 16840 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.06.  Section 6.06 of this bill adds Section 17000 to the
Penal Code, and incorporates into that section amendments to
subdivision (n) of Section 12001 of the Penal Code proposed by AB
1934. It shall only become operative if (1) both AB 1934 and this
bill are enacted and become effective on or before January 1, 2011,
(2) AB 1934 amends subdivision (n) of Section 12001 of the Penal
Code, (3) this bill adds Section 17000 to the Penal Code, (4) AB 1810
is not enacted, does not become effective on or before January 1,
2011, or does not amend subdivision (n) of Section 12001 of the Penal
Code, and (5) this bill is enacted after AB 1934, in which case
Section 17000 as proposed to be added by Section 6 of this bill shall
not become operative.
  SEC. 8.07.  Section 6.07 of this bill adds Section 17000 to the
Penal Code, and incorporates into that section amendments to
subdivision (n) of Section 12001 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both AB 1810 and this
bill are enacted and become effective on or before January 1, 2011,
(2) AB 1810 amends subdivision (n) of Section 12001 of the Penal
Code, (3) this bill adds Section 17000 to the Penal Code, and (4)
this bill is enacted after AB 1810, in which case Section 17000 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.08.  Section 6.08 of this bill adds Section 17040 to the
Penal Code, which would continue the substance of paragraph (3) of
subdivision (f) of Section 12037 proposed to be added to the Penal
Code by AB 1934. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2011, (2) AB
1934 adds Section 12037 to the Penal Code and that section includes a
definition of "public place," and (3) this bill is enacted after AB
1934.
  SEC. 8.09.  Section 6.09 of this bill adds Section 17295 to the
Penal Code, which would continue the substance of paragraph (1) of
subdivision (f) of Section 12037 proposed to be added to the Penal
Code by AB 1934. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2011, (2) AB
1934 adds Section 12037 to the Penal Code and that section defines
when a handgun is deemed unloaded, and (3) this bill is enacted after
AB 1934.
  SEC. 8.10.  Section 6.10 of this bill adds Section 17510 to the
Penal Code, and incorporates into that section amendments to Section
12590 of the Penal Code proposed by AB 1934. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1934 amends Section 12590 of the Penal
Code, (3) this bill adds Section 17510 to the Penal Code, and (4)
this bill is enacted after AB 1934, in which case Section 17510 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.11.  Section 6.11 of this bill adds Section 22295 to the
Penal Code, and incorporates into that section amendments to Section
12002 of the Penal Code proposed by SB 1190. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) SB 1190 amends Section 12002 of the Penal
Code, (3) this bill adds Section 22295 to the Penal Code, and (4)
this bill is enacted after SB 1190, in which case Section 22295 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.12.  Section 6.12 of this bill adds Section 25400 to the
Penal Code, and incorporates into that section amendments to Section
12025 of the Penal Code proposed by AB 1934. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1934 amends Section 12025 of the Penal
Code, (3) this bill adds Section 25400 to the Penal Code, and (4)
this bill is enacted after AB 1934, in which case Section 25400 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.13.  Section 6.13 of this bill adds Section 25590 to the
Penal Code, which would continue the substance of the new paragraph
(20) that would be added to subdivision (a) of Section 12026.2 of the
Penal Code by AB 1934. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) AB 1934 adds a new paragraph (20) to subdivision (a) of Section
12026.2 of the Penal Code, and (3) this bill is enacted after AB
1934.
  SEC. 8.14.  Section 6.14 of this bill adds Section 25595 to the
Penal Code, and incorporates into that section amendments to Section
12026.2 of the Penal Code proposed by AB 1934. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1934 amends Section 12026.2 of the
Penal Code, (3) this bill adds Section 25595 to the Penal Code, and
(4) this bill is enacted after AB 1934, in which case Section 25595
as proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.15.  Section 6.15 of this bill adds Section 25605 to the
Penal Code, and incorporates into that section amendments to Section
12026 of the Penal Code proposed by AB 1934. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1934 amends Section 12026 of the Penal
Code, (3) this bill adds Section 25605 to the Penal Code, and (4)
this bill is enacted after AB 1934, in which case Section 25605 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.16.  Section 6.16 of this bill adds Chapter 6 (commencing
with Section 26350) of Division 5 of Title 4 of Part 6 to the Penal
Code, which would continue the substance of subdivisions (a), (b),
(c), (d), (e), (g), and (h) of Section 12037 proposed to be added to
the Penal Code by AB 1934. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) AB 1934 adds Section 12037 to the Penal Code, and (3) this bill
is enacted after AB 1934.
  SEC. 8.17.  Section 6.17 of this bill adds Section 26600 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph 2 of subdivision (a) of Section 12078 of the
Penal Code, (3) this bill adds Section 26600 to the Penal Code, and
(4) this bill is enacted after AB 1810, in which case Section 26600
as proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.18.  Section 6.18 of this bill adds Section 26610 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 26610 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
26610 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.19.  Section 6.19 of this bill adds Section 26615 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 26615 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
26615 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.20.  Section 6.20 of this bill adds Section 26805 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (b) of Section 12071 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (1) of subdivision (b) of Section 12071 of
the Penal Code, (3) this bill adds Section 26805 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
26805 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.21.  Section 6.21 of this bill adds Section 26820 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (b) of Section 12071 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (b) of Section 12071 of
the Penal Code, (3) this bill adds Section 26820 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
26820 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.22.  Section 6.22 of this bill adds Section 26840 to the
Penal Code, and incorporates into that section amendments to
subparagraph (B) of paragraph (8) of subdivision (b) of Section 12071
of the Penal Code proposed by AB 1810. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1810 amends subparagraph (B) of
paragraph (8) of subdivision (b) of Section 12071 of the Penal Code,
(3) this bill adds Section 26840 to the Penal Code, and (4) this bill
is enacted after AB 1810, in which case Section 26840 as proposed to
be added by Section 6 of this bill shall not become operative.
  SEC. 8.23.  Section 6.23 of this bill adds Section 26845 to the
Penal Code, and incorporates into that section amendments to
subparagraph (C) of paragraph (8) of subdivision (b) of Section 12071
of the Penal Code proposed by AB 1810. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1810 amends subparagraph (C) of
paragraph (8) of subdivision (b) of Section 12071 of the Penal Code,
(3) this bill adds Section 26845 to the Penal Code, and (4) this bill
is enacted after AB 1810, in which case Section 26845 as proposed to
be added by Section 6 of this bill shall not become operative.
  SEC. 8.24.  Section 6.24 of this bill adds Section 26850 to the
Penal Code, and incorporates into that section amendments to
subparagraph (D) of paragraph (8) of subdivision (b) of Section 12071
of the Penal Code proposed by AB 1810. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1810 amends subparagraph (D) of
paragraph (8) of subdivision (b) of Section 12071 of the Penal Code,
(3) this bill adds Section 26850 to the Penal Code, and (4) this bill
is enacted after AB 1810, in which case Section 26850 as proposed to
be added by Section 6 of this bill shall not become operative.
  SEC. 8.25.  Section 6.25 of this bill adds Section 26865 to the
Penal Code, and incorporates into that section amendments to
paragraph (9) of subdivision (b) of Section 12071 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (9) of subdivision (b) of Section 12071 of
the Penal Code, (3) this bill adds Section 26865 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
26865 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.26.  Section 6.26 of this bill adds Section 26890 to the
Penal Code, and incorporates into that section amendments to
subdivision (h) of Section 12071 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (h) of Section 12071 of the Penal Code, (3) this bill
adds Section 26890 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 26890 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.27.  Section 6.27 of this bill adds Section 26905 to the
Penal Code, and incorporates into that section amendments to
paragraph (18) of subdivision (b) of Section 12071 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (18) of subdivision (b) of Section 12071 of
the Penal Code, (3) this bill adds Section 26905 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
26905 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.28.  Section 6.28 of this bill adds Section 26955 to the
Penal Code, and incorporates into that section amendments to
subdivision (g) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (g) of Section 12078 of the Penal Code, (3) this bill
adds Section 26955 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 26955 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.29.  Section 6.29 of this bill adds Section 26960 to the
Penal Code, and incorporates into that section amendments to
subdivision (n) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (n) of Section 12078 of the Penal Code, (3) this bill
adds Section 26960 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 26960 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.30.  Section 6.30 of this bill adds Section 26965 to the
Penal Code, and incorporates into that section amendments to
subdivision (r) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (r) of Section 12078 of the Penal Code, (3) this bill
adds Section 26965 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 26965 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.31.  Section 6.31 of this bill adds Section 27050 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27050 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27050 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.32.  Section 6.32 of this bill adds Section 27060 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code,                                               (3)
this bill adds Section 27060 to the Penal Code, and (4) this bill is
enacted after AB 1810, in which case Section 27060 as proposed to be
added by Section 6 of this bill shall not become operative.
  SEC. 8.33.  Section 6.33 of this bill adds Section 27065 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27065 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27065 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.34.  Section 6.34 of this bill adds Section 27110 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (k) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (1) of subdivision (k) of Section 12078 of
the Penal Code, (3) this bill adds Section 27110 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27110 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.35.  Section 6.35 of this bill adds Section 27130 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (k) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (k) of Section 12078 of
the Penal Code, (3) this bill adds Section 27130 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27130 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.36.  Section 6.36 of this bill adds Section 27400 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27400 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27400 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.37.  Section 6.37 of this bill adds Section 27410 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27410 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27410 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.38.  Section 6.38 of this bill adds Section 27415 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27415 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27415 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.39.  Section 6.39 of this bill adds Section 27540 to the
Penal Code, and incorporates into that section amendments to
subdivision (c) of Section 12072 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (c) of Section 12072 of the Penal Code, (3) this bill
adds Section 27540 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 27540 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.40.  Section 6.40 of this bill adds Section 27560 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (f) of Section 12072 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (f) of Section 12072 of
the Penal Code, (3) this bill adds Section 27560 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27560 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.41.  Section 6.41 of this bill adds Section 27565 to the
Penal Code, and incorporates into that section amendments to
paragraph (3) of subdivision (f) of Section 12072 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (3) of subdivision (f) of Section 12072 of
the Penal Code, (3) this bill adds Section 27565 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27565 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.42.  Section 6.42 of this bill adds Section 27590 to the
Penal Code, and incorporates into that section amendments to
subdivision (g) of Section 12072 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (g) of Section 12072 of the Penal Code, (3) this bill
adds Section 27590 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 27590 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.43.  Section 6.43 of this bill adds Section 27600 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27600 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27600 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.44.  Section 6.44 of this bill adds Section 27610 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27610 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27610 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.45.  Section 6.45 of this bill adds Section 27615 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27615 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27615 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.46.  Section 6.46 of this bill adds Section 27655 to the
Penal Code, and incorporates into that section amendments to
subdivision (g) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (g) of Section 12078 of the Penal Code, (3) this bill
adds Section 27655 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 27655 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.47.  Section 6.47 of this bill adds Section 27660 to the
Penal Code, and incorporates into that section amendments to
subdivision (n) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (n) of Section 12078 of the Penal Code, (3) this bill
adds Section 27660 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 27660 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.48.  Section 6.48 of this bill adds Section 27665 to the
Penal Code, and incorporates into that section amendments to
subdivision (r) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (r) of Section 12078 of the Penal Code, (3) this bill
adds Section 27665 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 27665 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.49.  Section 6.49 of this bill adds Section 27710 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (k) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (1) of subdivision (k) of Section 12078 of
the Penal Code, (3) this bill adds Section 27710 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27710 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.50.  Section 6.50 of this bill adds Section 27730 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (k) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (k) of Section 12078 of
the Penal Code, (3) this bill adds Section 27730 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27730 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.51.  Section 6.51 of this bill adds Section 27860 to the
Penal Code, and incorporates into that section amendments to
paragraph (8) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (8) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 27860 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27860 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.52.  Section 6.52 of this bill adds Section 27870 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (c) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (1) of subdivision (c) of Section 12078 of
the Penal Code, (3) this bill adds Section 27870 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27870 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.53.  Section 6.53 of this bill adds Section 27875 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (c) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (c) of Section 12078 of
the Penal Code, (3) this bill adds Section 27875 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27875 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.54.  Section 6.54 of this bill adds Section 27880 to the
Penal Code, and incorporates into that section amendments to
subdivision (d) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (d) of Section 12078 of the Penal Code, (3) this bill
adds Section 27880 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 27880 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.55.  Section 6.55 of this bill adds Section 27915 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (i) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (1) of subdivision (i) of Section 12078 of
the Penal Code, (3) this bill adds Section 27915 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27915 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.56.  Section 6.56 of this bill adds Section 27920 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (i) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (i) of Section 12078 of
the Penal Code, (3) this bill adds Section 27920 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
27920 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.57.  Section 6.57 of this bill adds Section 28000 to the
Penal Code, and incorporates into that section amendments to
subdivision (l) of Section 12078 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (l) of Section 12078 of the Penal Code, (3) this bill
adds Section 28000 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28000 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.58.  Section 6.58 of this bill adds Section 28060 to the
Penal Code, and incorporates into that section amendments to
subdivision (b) of Section 12082 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (b) of Section 12082 of the Penal Code, (3) this bill
adds Section 28060 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28060 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.59.  Section 6.59 of this bill adds Section 28100 to the
Penal Code, and incorporates into that section amendments to Section
12073 of the Penal Code proposed by AB 1810. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1810 amends Section 12073 of the Penal
Code, (3) this bill adds Section 28100 to the Penal Code, and (4)
this bill is enacted after AB 1810, in which case Section 28100 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.60.  Section 6.60 of this bill adds Section 28160 to the
Penal Code, and incorporates into that section amendments to
subdivision (b) of Section 12077 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (b) of Section 12077 of the Penal Code, (3) this bill
adds Section 28160 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28160 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.61.  Section 6.61 of this bill adds Section 28165 to the
Penal Code, and incorporates into that section amendments to
subdivision (c) of Section 12077 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (c) of Section 12077 of the Penal Code, (3) this bill
adds Section 28165 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28165 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.62.  Section 6.62 of this bill adds Section 28170 to the
Penal Code, and incorporates into that section amendments to
subdivision (d) of Section 12077 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (d) of Section 12077 of the Penal Code, (3) this bill
adds Section 28170 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28170 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.63.  Section 6.63 of this bill adds Section 28180 to the
Penal Code, and incorporates into that section amendments to
subdivision (f) of Section 12077 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both AB 1810 and this
bill are enacted and become effective on or before January 1, 2011,
(2) AB 1810 amends subdivision (f) of Section 12077 of the Penal
Code, (3) this bill adds Section 28180 to the Penal Code, (4) SB 282
or AB 2358 is not enacted, and (5) this bill is enacted after AB
1810, in which case Section 28180 as proposed to be added by Sections
6, 6.64, and 6.65 of this bill shall not become operative.
  SEC. 8.64.  Section 6.64 of this bill adds Section 28180 to the
Penal Code, and incorporates into that section amendments to
subdivision (f) of Section 12077 of the Penal Code proposed by SB
282, which is contingent on enactment of AB 2358. It shall only
become operative if (1) SB 282, AB 2358, and this bill are enacted
and become effective on or before January 1, 2011, (2) SB 282 amends
subdivision (f) of Section 12077 of the Penal Code, (3) this bill
adds Section 28180 to the Penal Code, (4) AB 1810 is not enacted, and
(5) this bill is enacted after SB 282, in which case Section 28180
as proposed to be added by Sections 6, 6.63, and 6.65 of this bill
shall not become operative.
  SEC. 8.65.  Section 6.65 of this bill adds Section 28180 to the
Penal Code, and incorporates into that section amendments to
subdivision (f) of Section 12077 of the Penal Code proposed by AB
1810 and SB 282, which is contingent on enactment of AB 2358. It
shall only become operative if (1) AB 1810, SB 282, AB 2358, and this
bill are all enacted and become effective on or before January 1,
2011, (2) AB 1810 and SB 282 amend subdivision (f) of Section 12077
of the Penal Code, (3) this bill adds Section 28180 to the Penal
Code, and (4) this bill is enacted after AB 1810 and SB 282, in which
case Section 28180 as proposed to be added by Sections 6, 6.63, and
6.64 of this bill shall not become operative.
  SEC. 8.66.  Section 6.66 of this bill adds Section 28185 to the
Penal Code, which would continue the substance of subdivision (g)
Section 12077 of the Penal Code as proposed by SB 282, which is
contingent on enactment of AB 2358. It shall only become operative if
(1) AB 2358, SB 282, and this bill are enacted and become effective
on or before January 1, 2011, (2) SB 282 amends subdivision (g) of
Section 12077 of the Penal Code, and (3) this bill is enacted after
SB 282.
  SEC. 8.67.  Section 6.67 of this bill adds Section 28190 to the
Penal Code, which would continue the substance of subdivision (h)
proposed to be added to Section 12077 of the Penal Code by SB 282,
which is contingent on enactment of AB 2358. It shall only become
operative if (1) AB 2358, SB 282, and this bill are enacted and
become effective on or before January 1, 2011, (2) SB 282 adds
subdivision (h) to Section 12077 of the Penal Code, and (3) this bill
is enacted after SB 282.
  SEC. 8.68.  Section 6.68 of this bill adds Section 28210 to the
Penal Code, and incorporates into that section amendments to
subdivision (b) of Section 12076 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (b) of Section 12076 of the Penal Code, (3) this bill
adds Section 28210 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28210 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.69.  Section 6.69 of this bill adds Section 28215 to the
Penal Code, and incorporates into that section amendments to
subdivision (c) of Section 12076 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (c) of Section 12076 of the Penal Code, (3) this bill
adds Section 28215 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28215 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.70.  Section 6.70 of this bill adds Section 28220 to the
Penal Code, and incorporates into that section amendments to
subdivision (d) of Section 12076 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (d) of Section 12076 of the Penal Code, (3) this bill
adds Section 28220 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28220 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.71.  Section 6.71 of this bill adds Section 28240 to the
Penal Code, and incorporates into that section amendments to
subdivision (i) of Section 12076 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (i) of Section 12076 of the Penal Code, (3) this bill
adds Section 28240 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28240 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.72.  Section 6.72 of this bill adds Section 28245 to the
Penal Code, and incorporates into that section amendments to
subdivision (k) of Section 12076 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (k) of Section 12076 of the Penal Code, (3) this bill
adds Section 28245 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 28245 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.73.  Section 6.73 of this bill adds Section 28400 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 28400 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
28400 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.74.  Section 6.74 of this bill adds Section 28410 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 28410 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
28410 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.75.  Section 6.75 of this bill adds Section 28415 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 28415 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
28415 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.76.  Section 6.76 of this bill adds Section 29805 to the
Penal Code, and incorporates into that section amendments to Section
12021 of the Penal Code proposed by AB 2668. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 2668 amends Section 12021 of the Penal
Code, (3) this bill adds Section 29805 to the Penal Code, and (4)
this bill is enacted after AB 2668, in which case Section 29805 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.77.  Section 6.77 of this bill adds Section 29825 to the
Penal Code, and incorporates into that section amendments to Section
12021 of the Penal Code proposed by SB 1062. It shall only become
operative if (1) both bills are enacted and become effective on
                                           or before January 1, 2011,
(2) SB 1062 would amend Section 12021 of the Penal Code but for
Section 28 of that bill, (3) this bill adds Section 29825 to the
Penal Code, and (4) this bill is enacted after SB 1062, in which case
Section 29825 as proposed to be added by Section 6 of this bill
shall not become operative.
  SEC. 8.78.  Section 6.78 of this bill adds Section 30105 to the
Penal Code, and incorporates into that section amendments to Section
12077.5 of the Penal Code proposed by AB 1810. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) AB 1810 amends Section 12077.5 of the
Penal Code, (3) this bill adds Section 30105 to the Penal Code, and
(4) this bill is enacted after AB 1810, in which case Section 30105
as proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.79.  Section 6.79 of this bill adds Section 30150 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 30150 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
30150 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.80.  Section 6.80 of this bill adds Section 30160 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 30160 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
30160 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.81.  Section 6.81 of this bill adds Section 30165 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 30165 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
30165 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.82.  Section 6.82 of this bill adds Section 30312 to the
Penal Code, and incorporates into that section amendments to
subdivisions (a) and (c) of Section 12318 of the Penal Code proposed
by AB 2358. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2011, (2) AB
2358 amends subdivisions (a) and (c) of Section 12318 of the Penal
Code, (3) this bill adds Section 30312 to the Penal Code, and (4)
this bill is enacted after AB 2358, in which case Section 30312 as
proposed to be added by Section 6 of this bill shall not become
operative.
  SEC. 8.83.  Section 6.83 of this bill adds Section 30346 to the
Penal Code, which would continue the substance of paragraph (8)
proposed to be added to subdivision (a) of Section 12061 of the Penal
Code by AB 2358. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2) AB
2358 adds paragraph (8) to subdivision (a) of Section 12061 of the
Penal Code, and (3) this bill is enacted after AB 2358.
  SEC. 8.84.  Section 6.84 of this bill adds Section 30352 to the
Penal Code, and incorporates into that section amendments to
paragraph (3) of subdivision (a) of Section 12061 of the Penal Code
proposed by AB 2358. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 2358 amends paragraph (3) of subdivision (a) of Section 12061 of
the Penal Code, (3) this bill adds Section 30352 to the Penal Code,
and (4) this bill is enacted after AB 2358, in which case Section
30352 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.85.  Section 6.85 of this bill adds Section 30355 to the
Penal Code, and incorporates into that section a sentence proposed to
be added to paragraph (4) of subdivision (a) of Section 12061 of the
Penal Code by AB 2358. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) AB 2358 amends paragraph (4) of subdivision (a) of Section 12061
of the Penal Code to include a sentence on records that are no longer
required to be maintained, (3) this bill adds Section 30355 to the
Penal Code, (4) SB 282 is not enacted, and (5) this bill is enacted
after AB 2358, in which case Section 30355 as proposed to be added by
Sections 6 and 6.86 of this bill shall not become operative.
  SEC. 8.86.  Section 6.86 of this bill adds Section 30355 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12061 of the Penal Code
proposed by AB 2358, as well as the substance of subdivisions (b) and
(c) of Section 12062 of the Penal Code, proposed to be added by SB
282, which is contingent on enactment of AB 2358. It shall only
become operative if (1) AB 2358, SB 282, and this bill are all
enacted and become effective on or before January 1, 2011, (2) AB
2358 amends paragraph (4) of subdivision (a) of Section 12061 of the
Penal Code to include a sentence on records that are no longer
required to be maintained, (3) SB 282 adds Section 12062 to the Penal
Code, (3) this bill adds Section 30355 to the Penal Code, and (4)
this bill is enacted after AB 2358 and SB 282, in which case Section
30355 as proposed to be added by Sections 6 and 6.85 of this bill
shall not become operative.
  SEC. 8.87.  Section 6.87 of this bill adds Section 30357 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12061 of the Penal Code
proposed by AB 2358. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 2358 amends paragraph (5) of subdivision (a) of Section 12061 of
the Penal Code, (3) this bill adds Section 30357 to the Penal Code,
and (4) this bill is enacted after AB 2358, in which case Section
30357 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.88.  Section 6.88 of this bill adds Section 30358 to the
Penal Code, which would continue the substance of a sentence proposed
to be added to paragraph (4) of subdivision (a) of Section 12061 of
the Penal Code by AB 2358. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) AB 2358 amends paragraph (4) of subdivision (a) of Section 12061
of the Penal Code to include a sentence on providing information to
a third party, (3) SB 282 is not enacted, and (4) this bill is
enacted after AB 2358, in which case Section 30358 as proposed to be
added by Section 6.89 of this bill shall not become operative.
  SEC. 8.89.  Section 6.89 of this bill adds Section 30358 to the
Penal Code, which would continue the substance of a sentence proposed
to be added to paragraph (4) of subdivisions (a) of Section 12061 of
the Penal Code by AB 2358, as well as the substance of subdivisions
(a) and (c) of Section 12062 of the Penal Code, proposed to be added
by SB 282, which is contingent on enactment of AB 2358. It shall only
become operative if (1) AB 2358, SB 282, and this bill are all
enacted and become effective on or before January 1, 2011, (2) AB
2358 amends paragraph (4) of subdivision (a) of Section 12061 of the
Penal Code to include a sentence on providing information to a third
party, (3) SB 282 adds Section 12062 to the Penal Code, (3) this bill
adds Section 30358 to the Penal Code, and (4) this bill is enacted
after AB 2358 and SB 282, in which case Section 30358 as proposed to
be added by Section 6.88 of this bill shall not become operative.
  SEC. 8.895.  Section 6.895 of this bill adds Section 30365 to the
Penal Code, and incorporates into that section changes required by
the addition of Section 30358 to the Penal Code as proposed in
Section 6.88 and in Section 6.89. It shall only become operative if
either Section 6.88 or Section 6.89 of this bill becomes operative,
in which case Section 30365 as proposed to be added by Section 6 of
this bill shall not become operative.
  SEC. 8.90.  Section 6.90 of this bill adds Section 31705 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 31705 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
31705 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.91.  Section 6.91 of this bill adds Section 31715 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 31715 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
31715 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.92.  Section 6.92 of this bill adds Section 31720 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 31720 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
31720 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.93.  Section 6.93 of this bill adds Section 31735 to the
Penal Code, and incorporates into that section amendments to
paragraph (8) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (8) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 31735 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
31735 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.94.  Section 6.94 of this bill adds Section 31775 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (k) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (1) of subdivision (k) of Section 12078 of
the Penal Code, (3) this bill adds Section 31775 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
31775 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.95.  Section 6.95 of this bill adds Section 31795 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (k) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (k) of Section 12078 of
the Penal Code, (3) this bill adds Section 31795 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
31795 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.96.  Section 6.96 of this bill adds Section 33850 to the
Penal Code, and incorporates into that section amendments to
paragraph (1) of subdivision (a) of Section 12021.3 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) AB 1810 amends paragraph (1) of subdivision (a) of Section
12021.3 of the Penal Code, (3) this bill adds Section 33850 to the
Penal Code, and (4) this bill is enacted after AB 1810, in which case
Section 33850 as proposed to be added by Section 6 of this bill
shall not become operative.
  SEC. 8.97.  Section 6.97 of this bill adds Section 33860 to the
Penal Code, and incorporates into that section amendments to
subdivision (c) of Section 12021.3 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (c) of Section 12021.3 of the Penal Code, (3) this bill
adds Section 33860 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 33860 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.98.  Section 6.98 of this bill adds Section 33865 to the
Penal Code, and incorporates into that section amendments to
subdivision (e) of Section 12021.3 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (e) of Section 12021.3 of the Penal Code, (3) this bill
adds Section 33865 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 33865 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.99.  Section 6.99 of this bill adds Section 33880 to the
Penal Code, and incorporates into that section amendments to
subdivision (j) of Section 12021.3 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (j) of Section 12021.3 of the Penal Code, (3) this bill
adds Section 33880 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 33880 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.100.  Section 6.100 of this bill adds Section 33890 to the
Penal Code, and incorporates into that section amendments to
subdivision (h) of Section 12021.3 of the Penal Code proposed by AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) AB 1810 amends
subdivision (h) of Section 12021.3 of the Penal Code, (3) this bill
adds Section 33890 to the Penal Code, and (4) this bill is enacted
after AB 1810, in which case Section 33890 as proposed to be added by
Section 6 of this bill shall not become operative.
  SEC. 8.101.  Section 6.101 of this bill adds Section 34355 to the
Penal Code, and incorporates into that section amendments to
paragraph (2) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 34355 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
34355 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.102.  Section 6.102 of this bill adds Section 34365 to the
Penal Code, and incorporates into that section amendments to
paragraph (4) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 34365 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
34365 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 8.103.  Section 6.103 of this bill adds Section 34370 to the
Penal Code, and incorporates into that section amendments to
paragraph (5) of subdivision (a) of Section 12078 of the Penal Code
proposed by AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of
the Penal Code, (3) this bill adds Section 34370 to the Penal Code,
and (4) this bill is enacted after AB 1810, in which case Section
34370 as proposed to be added by Section 6 of this bill shall not
become operative.
  SEC. 9.  Notwithstanding Section 28 of SB 1062 of the 2009-10
Regular Session, amendments proposed to Section 12021 of the Penal
Code by Section 18 of that bill shall be operative from the effective
date of that bill, if it is enacted, until January 1, 2012, unless
AB 2668 becomes effective on or before January 1, 2011.
  SEC. 10.  Sections 7 and 9 of this act become operative on January
1, 2011. The remainder of this act becomes operative on January 1,
2012.