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Firearms Safety Devices
12087. This article shall be known and may be cited as the
"Aroner-Scott-Hayden Firearms Safety Act of 1999."
12087.5. 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.
12087.6. As used in this article:
(a) "Firearms 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.
(b) "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 12088.2.
(c) "Long-gun safe" means a locking container designed to fully
contain and secure a rifle as defined in paragraph (20) of
subdivision (c) of Section 12020 or a shotgun as defined in paragraph
(21) of subdivision (c) of Section 12020, that 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 that is not listed on the roster maintained pursuant
to subdivision (d) of Section 12088.
12088. (a) The Department of Justice shall certify laboratories to
verify compliance with standards for firearms safety devices set
forth in Section 12088.2.
(b) The Department of Justice may charge any laboratory that is
seeking certification to test firearms 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 12088.2.
(c) The certified laboratory shall, at the manufacturer's or
dealer's expense, test the firearms safety device and submit a copy
of the final test report directly to the Department of Justice along
with the firearms 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 firearms safety
device tested may be sold in this state.
(d) On and after July 1, 2001, the Department of Justice shall
compile, publish, and thereafter maintain a roster listing all of the
firearms safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearms safety devices and may be sold in this state.
(e) The roster shall list, for each firearms 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 firearms
safety device listed on the roster to ensure compliance with the
requirements of this article.
(g) Firearms 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.
12088.1. (a) All firearms sold or transferred in this state by a
licensed firearms dealer, including private transfers through a
dealer, and all firearms manufactured in this state, shall include or
be accompanied by a firearms safety device that is listed on the
Department of Justice's roster of approved firearms 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) All firearms sold or transferred in this state by a licensed
firearms dealer, including private transfers through a dealer, and
all firearms manufactured in this state shall be accompanied with
warning language or labels as described in Section 12088.3.
(c) (1) All long-gun safes commercially sold or transferred in
this state, or manufactured in this state for sale in this state,
that do not meet the standards for gun safes adopted pursuant to
Section 12088.2 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 12088.2. It
does not satisfy the requirements of Penal Code Section 12088.1,
which mandates that all firearms sold in California be accompanied by
a firearms safety device or proof of ownership, as required by law,
of a gun safe that meets the Section 12088.2 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.
(d) 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 12088.2. 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 dealers' record of sales of firearms.
(e) 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 (1) to
(3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with
the dealers' record of sales of firearms.
12088.15. (a) No person shall keep for commercial sale, offer, or
expose for commercial sale, or commercially sell any firearms safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 12088, or that does not comply with the
standards for firearms safety devices adopted pursuant to Section
12088.2.
(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 12088 or does not comply with the
standards for firearms safety devices adopted pursuant to Section
12088.2.
(c) 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 12088.2, unless the long-gun safe is
labeled by the manufacturer consistent with the requirements of
Section 12088.1.
(d) (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 12088.2, 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 12088.2, is in violation of
this section, and is punishable as provided in subdivision (e),
unless the long-gun safe is labeled pursuant to Section 12088.1.
(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 12088.2, and who removes or causes to be removed from the
long-gun safe, the label required pursuant to Section 12088.1, is in
violation of this section, and is punishable as provided in
subdivision (e).
(e) A violation of this section is punishable by a civil fine of
up to five hundred dollars ($500). A second violation of this
section that 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. 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.
(f) The Attorney General, a district attorney, or a city attorney
may bring a civil action for a violation of the provisions of this
section.
12088.2. (a) No later than January 1, 2000, the Attorney General
shall commence development of regulations to implement a minimum
safety standard for firearms safety devices and gun safes to
significantly reduce the risk of firearms-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 firearms 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. The Attorney General shall adopt and issue
regulations implementing a final standard not 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.
12088.3. (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 be:
(1) Displayed in its entirety on the principal display panel of
the firearm's package, and on any descriptive materials that
accompany the firearm.
(2) 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.
12088.4. If at any time the Attorney General determines that a gun
safe or firearms safety device subject to the provisions of this
article and sold after January 1, 2002, does not conform with the
standards required by subdivision (a) of Section 12088.1 or Section
12088.2, the Attorney General may order the recall and replacement of
the gun safe or firearms safety device, or order that the gun safe
or firearm safety device be brought into conformity with those
requirements. If the firearms safety device cannot be separated from
the firearm without damaging the firearm, the Attorney General may
order the recall and replacement of the firearm. If the firearms
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.
12088.5. 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.
12088.6. Any violation of Section 12088.1 or Section 12088.3 is
punishable by a fine of one thousand dollars ($1,000). On the second
violation of any of those sections, the licensed firearm
manufacturer shall be ineligible to manufacture, or the 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). On the third violation of any of those sections, a firearm
manufacturer shall be permanently ineligible to manufacture firearms
in this state. On the third violation of any of those sections, a
licensed firearm dealer shall be permanently ineligible to sell
firearms in this state.
12088.7. Compliance with the requirements set forth in this article
shall not relieve any person from liability to any other person as
may be imposed pursuant to common law, statutory law, or local
ordinance.
12088.8. (a) This article does not apply to the commerce of any
firearm defined as an "antique firearm" in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the United States Code.
(b) This article shall 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. Nothing in this article shall
preclude local governments, local agencies, or state law enforcement
agencies from requiring their peace officers to store their firearms
in gun safes or attach firearms safety devices to those firearms.
12088.9. (a) 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. The fee shall be for the
purpose of supporting department program costs related to this act,
including the establishment, maintenance, and upgrading of related
data base systems and public rosters.
(b) There is hereby created within the General Fund the Firearm
Safety Account. 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. Expenditures from the Firearm
Safety Account shall be limited to program expenditures as defined by
subdivision (a).
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Obliteration of Identification Marks
12090. 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 such change, alteration or removal shall be
punished by imprisonment in the state prison.
12091. Possession of any pistol or revolver upon which the name of
the maker, model, manufacturer's number or other mark of
identification has been changed, altered, removed, or obliterated,
shall be presumptive evidence that the possessor has changed,
altered, removed, or obliterated the same.
12092. The Department of Justice upon request may assign a
distinguishing number or mark of identification to any firearm
whenever it is without a manufacturer's number, or other mark of
identification or whenever the manufacturer's number or other mark of
identification or the distinguishing number or mark assigned by the
department has been destroyed or obliterated.
12093. 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. This section does not prohibit restoration by the
owner of the name of the maker, model, or of the original
manufacturer's number or other mark of identification when such
restoration is authorized by the department, nor 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.
12094. (a) Any person with knowledge of any change, alteration,
removal, or obliteration described herein, who buys, receives,
disposes of, sells, offers for sale, or has in his or her possession
any pistol, revolver, or other firearm which has had the name of the
maker, 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.
(b) Subdivision (a) does not apply to any of the following:
(1) The acquisition or possession of a firearm described in
subdivision (a) 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 his or her employment.
(2) The acquisition or possession of a firearm described in
subdivision (a) 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 his or her employment.
(3) The acquisition or possession of a firearm described in
subdivision (a) by any employee of a forensic laboratory, while on
duty and acting within the scope and course of his or her employment.
(4) The possession and disposition of a firearm described in
subdivision (a) by a person who meets all of the following:
(A) He or she is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code, or Section 8100 or
8103 of the Welfare and Institutions Code.
(B) The person possessed the firearm no longer than was necessary
to deliver the same to a law enforcement agency for that agency's
disposition according to law.
(C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency in order to
deliver the firearm to the law enforcement agency for the agency's
disposition according to law.
(D) If the person is transporting the firearm to a law enforcement
agency, he or she has given prior notice to the law enforcement
agency that he or she is transporting the firearm to that law
enforcement agency for that agency's disposition according to law.
(E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
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Permits
12095. (a) If it finds that it does not endanger the public safety,
the Department of Justice may issue permits initially valid for a
period of one year, and renewable annually thereafter, for the
manufacture, possession, transportation, or sale of short-barreled
shotguns or short-barreled rifles upon a showing that good cause
exists for the issuance thereof to the applicant for the permit. 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 props 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 paragraph (1) of subdivision (b) of Section 12020 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.
12096. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address,
and a full description of the use to which the short-barreled
shotguns or short-barreled rifles are to be put.
Applications and permits shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. 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 not to exceed the application processing costs of the Department
of Justice. 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.
12097. (a) Every person, firm, or corporation to whom a permit is
issued shall keep it on his or her person or at the place where the
short-barreled shotguns or short-barreled rifles 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 shotgun or short-barreled rifle 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.
12098. Permits 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 shotguns or short-barreled rifles has
ceased or that the holder of the permit has used the short-barreled
shotguns or short-barreled rifles 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.
12099. (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 shotguns and short-barreled rifles.
(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.
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Juveniles
12101. (a) (1) A minor shall not possess a pistol, revolver, or
other firearm capable of being concealed upon the person.
(2) Paragraph (1) shall not apply if one of the following
circumstances exists:
(A) The minor is accompanied by his or her 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 his or her 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 his or her 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 his or her parent
or legal guardian, the minor is on lands owned or lawfully possessed
by his or her 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.
(b) (1) A minor shall not possess live ammunition.
(2) Paragraph (1) shall not apply if one of the following
circumstances exists:
(A) The minor has the written consent of his or her parent or
legal guardian to possess live ammunition.
(B) The minor is accompanied by his or her 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.
(c) Every minor who violates this section shall be punished as
follows:
(1) By imprisonment in the state prison or in a county jail if one
of the following applies:
(A) The minor has been found guilty previously of violating this
section.
(B) The minor has been found guilty previously of an offense
specified in subdivision (b) of Section 12021.1 or in Section 12020,
12220, 12520, or 12560.
(C) The minor has been found guilty of a violation of paragraph
(1) of subdivision (a).
(2) Violations of this section other than those violations
specified in paragraph (1) shall be punishable as a misdemeanor.
(d) In a proceeding to enforce this section brought pursuant to
Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of
the Welfare and Institutions Code, the court may require the
custodial parent or legal guardian of a minor who violates this
section to participate in classes on parenting education that meet
the requirements established in Section 16507.7 of the Welfare and
Institutions Code.
(e) As used in this section, "responsible adult" means a person at
least 21 years of age who is not within a class of persons
prohibited from owning or possessing firearms by virtue of Section
12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare
and Institutions Code.
(f) It is not the intent of the Legislature in enacting the
amendments to this section or to Section 12078 to expand or narrow
the application of current statutory or 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.
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UNSAFE HANDGUNS
12125. (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 12130 to conduct an
independent test to determine whether that pistol, revolver, or other
firearm capable of being concealed upon the person is prohibited by
this chapter, 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 12131.
(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.
12126. As used in this chapter, "unsafe handgun" means any pistol,
revolver, or other firearm capable of being concealed upon the
person, as defined in subdivision (a) of Section 12001, 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 pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
(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 pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
(4) Commencing January 1, 2006, for a center fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
12131, 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
12131, 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
12131, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
(7) Commencing January 1, 2010, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131, 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. 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.
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 12090 and 12094.
(c) As used in this section, a "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.
(d) As used in this section, a "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.
(e) As used in this section, a "semiautomatic pistol" means a
pistol, as defined in subdivision (a) of Section 12001, the operating
mode of which 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.
12127. (a) As used in this chapter, the "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 12130. 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. 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. 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. 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.
(b) If a pistol or revolver fails the requirements of either
paragraph (1) or (2) of subdivision (a) 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.
(c) 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.
12128. As used in this chapter, the "drop safety requirement for
handguns" means that at the conclusion of the firing requirements for
handguns described in Section 12127, 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 primed case (no powder or projectile) shall be inserted into the
chamber. For pistols, 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 pistols and revolvers, 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 design of a pistol is such 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.
The following six drops shall be performed:
(a) Normal firing position with barrel horizontal.
(b) Upside down with barrel horizontal.
(c) On grip with barrel vertical.
(d) On muzzle with barrel vertical.
(e) On either side with barrel horizontal.
(f) If there is an exposed hammer or striker, on the rearmost
point of that device, otherwise on the rearmost point of the weapon.
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.
The handgun shall pass this test if each of the three test guns
does not fire the primer.
12129. 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 who manufactures firearms in this state, and
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 he or she
manufactures or imports, keeps, or exposes for sale is not an unsafe
handgun as prohibited by this chapter.
12130. (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
12126.
(b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 12126. 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 this chapter 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 this chapter if it
does not have either a chamber load indicator as defined in
subdivision (c) of Section 12126, or a magazine disconnect mechanism
as defined in subdivision (d) of Section 12126 if it has a detachable
magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have both a chamber load indicator as defined in subdivision
(c) of Section 12126 and a magazine disconnect mechanism as defined
in subdivision (d) of Section 12126.
(3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to this chapter if it has a
detachable magazine, and does not have a magazine disconnect
mechanism as defined in subdivision (d) of Section 12126.
12131. (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 title. 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 this chapter.
(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 (f), the handgun
shall not be deliverable to the purchaser.
(c) The Attorney General may annually retest up to 5 percent of
the handgun models that are listed on the roster described in
subdivision (a).
(d) The retesting of a handgun model pursuant to subdivision (c)
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.
(e) The retest shall be conducted in the same manner as the
testing prescribed in Sections 12127 and 12128.
(f) If the handgun model fails retesting, the Attorney General
shall remove the handgun model from the roster maintained pursuant to
subdivision (a).
(g) A handgun model removed from the roster pursuant to
subdivision (f) may be reinstated on the roster if all of the
following are met:
(1) The manufacturer petitions the Attorney General for
reinstatement of the handgun model.
(2) 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.
(3) The reinstatement testing of the handguns shall be in
accordance with subdivisions (d) and (e).
(4) The three handgun samples shall be tested only once for
reinstatement. If the sample fails it may not be retested.
(5) If the handgun model successfully passes testing for
reinstatement, and if the manufacturer of the handgun is otherwise in
compliance with this chapter, the Attorney General shall reinstate
the handgun model on the roster maintained pursuant to subdivision
(a).
(6) The manufacturer shall provide the Attorney General with the
complete testing history for the handgun model.
(7) Notwithstanding subdivision (c), the Attorney General may, at
any time, further retest any handgun model that has been reinstated
to the roster.
12131.5. (a) A firearm shall be deemed to satisfy the requirements
of subdivision (a) of Section 12131 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.
12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section
12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 12125.
(d) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 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
Section 12071 to its owner where that firearm was initially delivered
in the circumstances set forth in subdivisions (a), (d), (f) or (j).
(f) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 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 178.11 of the Code of Federal
Regulations.
(h) (1) 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 are used for Olympic target shooting
purposes at the time that the act adding this subdivision is enacted,
and that fall within the definition of "unsafe handgun" pursuant to
paragraph (3) of subdivision (b) of Section 12126 shall be exempt, as
provided in paragraphs (2) and (3).
(2) This chapter shall not apply to any of the following pistols,
because they are consistent with the significant public purpose
expressed in paragraph (1):
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
(3) The department shall create a program that is consistent with
the purpose stated in paragraph (1) to exempt new models of
competitive firearms from this chapter. 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.
(i) 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.
(j) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
(k) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
(l) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person licensed pursuant to
Section 12071 where it was initially delivered pursuant to
subdivision (k).
12133. (a) The provisions of this chapter shall not apply to a
single-action revolver that has at least a 5-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 71/2 inches when the handle, frame or receiver, and barrel are
assembled.
(3) Has an overall length measured parallel to the barrel of at
least 71/2 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) The provisions of this chapter 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.
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MACHINE GUNS
General Provisions
12200. The term "machinegun" as used in this chapter means any
weapon which 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. The term shall also
include the frame or receiver of any such weapon, 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
such parts are in the possession or under the control of a person.
The term 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.
12201. Nothing in this chapter shall affect or apply to any of the
following:
(a) The sale to, purchase by, or possession of machineguns by
police departments, sheriffs' offices, marshals' offices, district
attorneys' offices, 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 12230
and licensed pursuant to Section 12250.
(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.
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Unlawful Possession of Machine Guns
12220. (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 such
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.
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Permits
12230. 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 thereof to the
applicant for the permit, but no permit shall be issued to a person
who is under 18 years of age.
12231. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address and
a full description of the use to which the firearms are to be put.
Applications and permits shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. 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 not to exceed the application processing costs of the Department
of Justice. 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.
12232. Every person, firm or corporation to whom a permit is issued
shall keep it on his 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.
12233. Permits 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.
12234. (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 machine guns.
(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.
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Licenses to Sell Machine Guns
12250. (a) The Department of Justice may grant licenses in a form
to be prescribed by it effective for not more than one year from the
date of issuance, to permit the sale at the place specified in the
license of machineguns subject to all of the following conditions,
upon breach of any of which the license shall be revoked:
1. The business shall be carried on only in the place designated
in the license.
2. The license or a certified copy thereof must be displayed on
the premises in a place where it may easily be read.
3. No machinegun shall be delivered to any person not authorized
to receive the same under the provisions of this chapter.
4. 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.
(b) Applications for licenses shall be filed in writing, signed by
the applicant if an individual or by a member or officer qualified
to sign if the applicant is a firm or corporation, and shall state
the name, business in which engaged, business address and a full
description of the use to which the firearms are to be put.
Applications and licenses shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a license shall pay at the time of filing his
or her application a fee determined by the Department of Justice not
to exceed the application processing costs of the Department of
Justice. 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 not to exceed the application processing costs of the Department
of Justice. 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.
12251. It shall be a public nuisance to possess any machinegun in
violation of this chapter, and the Attorney General, any district
attorney or any city attorney may bring an action before the superior
court to enjoin the possession of any such machinegun.
Any such machinegun found to be in violation of this chapter shall
be surrendered to the Department of Justice, and the department
shall destroy such 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 such machinegun is necessary to serve the ends of
justice.
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ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989
General Provisions
12275. This chapter shall be known as the Roberti-Roos Assault
Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of
2004.
12275.5. (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
12276 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, as defined in Section 12278,
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.
12276. As used in this chapter, "assault weapon" shall mean 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 by the court pursuant to Section 12276.5
to be an assault weapon that is specified as an assault weapon in a
list promulgated pursuant to Section 12276.5.
(e) The term "series" includes all other models that are only
variations, with minor differences, of those models listed in
subdivision (a), regardless of the manufacturer.
(f) This section is declaratory of existing law, as amended, 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 Section 12276.5, and
any other models which 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.
12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall
also mean 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 his or her 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 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 are used for Olympic target shooting
purposes at the time the act adding this subdivision is enacted, 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.
(d) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of
accommodating more than 10 rounds, but shall not be construed to
include a feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(3) "Antique firearm" means any firearm manufactured prior to
January 1, 1899.
(e) This section shall become operative January 1, 2000.
12276.5. (a) The Attorney General shall prepare a description for
identification purposes, including a picture or diagram, of each
assault weapon listed in Section 12276, and any firearm declared to
be an assault weapon pursuant to this section, 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 Section 12276 or declared to be assault weapons pursuant
to this section. 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 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.
12277. As used in this chapter, "person" means an individual,
partnership, corporation, limited liability company, association, or
any other group or entity, regardless of how it was created.
12278. (a) As used in this chapter, a ".50 BMG rifle" means a
center fire rifle that can fire a .50 BMG cartridge and is not
already an assault weapon pursuant to Section 12276, 12276.1, or
12276.5, or a machinegun, as defined in Section 12200.
(b) As used in this chapter, a ".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:
(1) It has an overall length of 5.54 inches from the base to the
tip of the bullet.
(2) The bullet diameter for the cartridge is from .510 to, and
including, .511 inch.
(3) The case base diameter for the cartridge is from .800 inch to,
and including, .804 inch.
(4) The cartridge case length is 3.91 inches.
(c) A ".50 BMG rifle" does not include any "antique firearm," nor
any curio or relic as defined in Section 178.11 of Title 27 of the
Code of Federal Regulations.
(d) As used in this section, "antique firearm" means any firearm
manufactured prior to January 1, 1899.
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