"u.s.a"california penal code

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Control of Gambling Ships


11300. It is unlawful for any person, within this State, to
solicit, entice, induce, persuade or procure, or to aid in
soliciting, enticing, inducing, persuading or procuring any person to
visit any gambling ship, whether such gambling ship be within or
without the jurisdiction of the State.



11301. As used in this article "craft" includes every boat, ship,
vessel, craft, barge, hulk, float or other thing capable of floating.



11302. It is unlawful for any person, within this State, to
solicit, entice, induce, persuade or procure, or to aid in
soliciting, enticing, inducing, persuading or procuring any person to
visit any craft, whether such craft is within or without the
jurisdiction of the State, from which craft any person is
transported, conveyed or carried to any gambling ship, whether such
gambling ship is within or without the jurisdiction of the State.



11303. It is unlawful for any person, firm, association or
corporation to transport, convey or carry, or to aid in transporting,
conveying or carrying any person to any gambling ship, whether such
gambling ship is within or without the jurisdiction of the State.




11304. It is unlawful for any person, firm, association or
corporation to transport, convey or carry, or to aid in transporting,
conveying or carrying any person to any craft, whether such craft is
within or without the jurisdiction of the State, from which craft
any person is transported, conveyed, or carried to any gambling ship,
whether such gambling ship is within or without the jurisdiction of
the State.



11305. Any boat, ship, vessel, watercraft, barge, airplane,
seaplane or aircraft, hereinafter called "means of conveyance," used
for the purpose of transporting, conveying or carrying persons in
violation of this article is a public nuisance which shall be
enjoined, abated and prevented.



11306. Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained or exists in any county,
the district attorney, in the name of the people, shall, or any
citizen of the State resident in the county, in his own name, may,
maintain an action to abate and prevent the nuisance and perpetually
to enjoin the person or persons conducting or maintaining it, whether
as principal, agent, servant, employee or otherwise, from directly
or indirectly maintaining or permitting the nuisance.
Unless filed by the district attorney, the complaint in the action
shall be verified.
In any such action the plaintiff, at the time of issuing the
summons, or at any time afterward, may have the means of conveyance,
with its tackle, apparel and furniture, seized and kept as security
for the satisfaction of any judgment that may be entered in the
action.



11307. When any means of conveyance is seized pursuant to Section
11306, the owner thereof or any other person otherwise entitled to
possession thereof may apply to the court in which the action is
pending for leave to file bond and regain possession of the means of
conveyance during the pendency of the proceedings. The bond shall be
in an amount determined by the judge to be the actual value of the
means of conveyance at the time of its release. Upon giving said
bond conditioned upon compliance with the terms of any temporary writ
of injunction entered in the action and upon the return of the means
of conveyance to the custody of the court in the event the same is
ordered forfeited, the person on whose behalf such bond is given
shall be put in possession of said means of conveyance and may use it
until it is finally ordered delivered up and forfeited, if such be
the judgment of the court.



11308. If the existence of a nuisance as defined in this article is
shown in any action brought under this article to the satisfaction
of the court or judge, either by verified complaint or affidavit, the
court or judge shall allow a temporary writ of injunction to abate
and prevent the continuance or recurrence of the nuisance. On
granting the temporary writ the court or judge shall require an
undertaking on the part of the applicant to the effect that the
applicant will pay to the defendant enjoined such damages, not
exceeding an amount to be specified, as the defendant sustains by
reason of the injunction if the court finally decides that the
applicant was not entitled to it.



11309. Actions brought under this article shall have precedence
over all other actions, except criminal proceedings, election
contests and hearings on injunctions.
If the complaint is filed by a citizen it shall not be dismissed
by him or for want of prosecution except upon a sworn statement made
by him and his attorney, setting forth the reasons why the action
should be dismissed, and by dismissal ordered by the court.
In case of failure to prosecute the action with reasonable
diligence, or at the request of the plaintiff, the court, in its
discretion, may substitute any other citizen consenting thereto for
the plaintiff.
If the action is brought by a citizen and the court finds there
was no reasonable ground or cause therefor, the costs shall be taxed
against him.


11310. If the existence of a nuisance as defined in this article is
established in an action brought thereunder, an order of abatement
shall be entered as part of the judgment in the case, and plaintiff's
costs in the action are a lien upon the means of conveyance, and
upon its tackle, apparel and furniture. The lien is enforceable and
collectible by execution issued by order of the court.



11311. A violation or disobedience of an injunction or order for
abatement provided for in this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) or more
than one thousand dollars ($1,000), or by imprisonment in the county
jail for not less than one nor more than six months, or by both.




11312. If the existence of a nuisance as defined in this article is
established in an action brought thereunder, an order of abatement
shall be entered as a part of the judgment, which order shall direct
the seizure and forfeiture of the means of conveyance with its
tackle, apparel and furniture, and the sale thereof in the manner
provided for the sale of like chattels under execution.
While the order of abatement remains in effect, the means of
conveyance is in the custody of the court.
For seizing and selling the means of conveyance, the officer is
entitled to charge and receive the same fees as he would for levying
upon and selling like property on execution.



11313. The proceeds of the sale of the means of conveyance shall be
applied as follows:
First--To the fees and costs of the seizure and sale.
Second--To the payment of the plaintiff's costs in the action.
Third--The balance, if any, shall be paid into the State Treasury
to the credit of the General Fund.



11314. If the owner of the means of conveyance has not been guilty
of any contempt of court in a proceeding brought under this article,
and appears and pays all costs, fees, and allowances that are a lien
on the means of conveyance and files a bond in the full value of the
means of conveyance, to be ascertained by the court, conditioned that
the owner will immediately abate the nuisance and prevent it from
being established or resumed within a period of one year thereafter,
the court or judge may, if satisfied of the owner's good faith, order
the means of conveyance to be delivered to the owner, and the order
of abatement canceled so far as it may relate thereto. The release
of such means of conveyance under the provisions of this section does
not release it from any judgment, lien, penalty, or liability to
which it may be subject.



11315. Whenever the owner of the means of conveyance, or the owner
of any interest therein, has been guilty of a contempt of court, and
fined in any proceeding under this article, the fine is a lien upon
the property to the extent of his interest in it. The lien is
enforceable and collectible by execution issued by order of the
court.



11316. Any person, firm, association or corporation, either as
principal, agent, servant, employee or otherwise, who violates any of
the provisions of this article is guilty of a misdemeanor.



11317. The term "gambling ship" as used in this article means any
boat, ship, vessel, watercraft or barge kept, operated or maintained
for the purpose of gambling, whether within or without the
jurisdiction of the State, and whether it is anchored, lying to, or
navigating.



11318. If any section, subsection, paragraph, sentence or clause of
this article is for any reason held to be invalid, the Legislature
hereby declares that had it known of the invalidity of that portion
at the time of this enactment, it would have passed the remainder of
the article without the invalid portion and that it is the intention
of the Legislature that the remainder of the article operate in the
event of the invalidity of any portion thereof.



11319. It is unlawful for any person to do any of the following:
(a) Violate any provision of Chapter 9 (commencing with Section
319), Chapter 10 (commencing with Section 330), or Chapter 10.5
(commencing with Section 337.1) of Title 9 of Part 1 on a craft that
embarks from any point within the state, and disembarks at the same
or another point within the state, during which time the person
intentionally causes or knowingly permits gambling activity to be
conducted, whether within or without the waters of the state.
(b) Manage, supervise, control, operate, or own any craft that
embarks from any point within the state, and disembarks at the same
or another point within the state, during which time the person
intentionally causes or knowingly permits gambling activity which
would violate any provision of Chapter 9 (commencing with Section
319), Chapter 10 (commencing with Section 330), or Chapter 10.5
(commencing with Section 337.1) of Title 9 of Part 1 to be conducted,
whether within or without the waters of the state.
(c) This section shall not apply to gambling activity conducted on
United States-flagged or foreign-flagged craft during travel from a
foreign nation or another state or possession of the United States up
to the point of first entry into California waters or during travel
to a foreign nation or another state or possession of the United
States from the point of departure from California waters, provided
that nothing herein shall preclude prosecution for any other offense
under this article.

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Terrorizing


11410. (a) The Legislature finds and declares that it is the right
of every person regardless of actual or perceived disability, gender,
nationality, race or ethnicity, religion, ***ual orientation, or
association with a person or group of these actual or perceived
characteristics, to be secure and protected from fear, intimidation,
and physical harm caused by the activities of violent groups and
individuals. It is not the intent of this chapter to interfere with
the exercise of rights protected by the Constitution of the United
States. The Legislature recognizes the constitutional right of every
citizen to harbor and express beliefs on any subject whatsoever and
to associate with others who share similar beliefs. The Legislature
further finds however, that the advocacy of unlawful violent acts by
groups against other persons or groups under circumstances where
death or great bodily injury is likely to result is not
constitutionally protected, poses a threat to public order and safety
and should be subject to criminal and civil sanctions.
(b) For purposes of this section, the terms "disability," "gender,"
"nationality," "race or ethnicity," "religion," "***ual orientation,"
and "association with a person or group with these actual or
perceived characteristics" have the same meaning as in Section 422.55
and 422.56.


11411. (a) Any person who places or displays a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika on the private property of another, without
authorization, for the purpose of terrorizing the owner or occupant
of that private property or in reckless disregard of the risk of
terrorizing the owner or occupant of that private property shall be
punished by imprisonment in the county jail not to exceed one year,
by a fine not to exceed five thousand dollars ($5,000), or by both
the fine and imprisonment for the first conviction and by
imprisonment in the county jail not to exceed one year, by a fine not
to exceed fifteen thousand dollars ($15,000), or by both the fine
and imprisonment for any subsequent conviction.
(b) Any person who engages in a pattern of conduct for the purpose
of terrorizing the owner or occupant of private property or in
reckless disregard of terrorizing the owner or occupant of that
private property, by placing or displaying a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika, on the private property of another on two or more
occasions, shall be punished by imprisonment in the state prison for
16 months or 2 or 3 years, by a fine not to exceed ten thousand
dollars ($10,000), or by both the fine and imprisonment, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed five thousand dollars ($5,000), or by both the fine and
imprisonment. A violation of this subdivision shall not constitute
felonious conduct for purposes of Section 186.22.
(c) Any person who burns or desecrates a cross or other religious
symbol, knowing it to be a religious symbol, on the private property
of another without authorization for the purpose of terrorizing the
owner or occupant of that private property or in reckless disregard
of the risk of terrorizing the owner or occupant of that private
property, or who burns, desecrates, or destroys a cross or other
religious symbol, knowing it to be a religious symbol, on the
property of a primary school, junior high school, or high school for
the purpose of terrorizing any person who attends or works at the
school or who is otherwise associated with the school, shall be
punished by imprisonment in the state prison for 16 months or 2 or 3
years, by a fine of not more than ten thousand dollars ($10,000), or
by both the fine and imprisonment, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both the fine and imprisonment for the first
conviction and by imprisonment in the state prison for 16 months or 2
or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both the fine and imprisonment, or by imprisonment
in a county jail not to exceed one year, by a fine not to exceed
fifteen thousand dollars ($15,000), or by both the fine and
imprisonment for any subsequent conviction.
(d) As used in this section, "terrorize" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.
(e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.



11412. Any person who, with intent to cause, attempts to cause or
causes another to refrain from exercising his or her religion or from
engaging in a religious service by means of a threat, directly
communicated to such person, to inflict an unlawful injury upon any
person or property, and it reasonably appears to the recipient of the
threat that such threat could be carried out is guilty of a felony.




11413. (a) Any person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive, or who commits
arson, in or about any of the places listed in subdivision (b), for
the purpose of terrorizing another or in reckless disregard of
terrorizing another is guilty of a felony, and shall be punished by
imprisonment in the state prison for three, five, or seven years, and
a fine not exceeding ten thousand dollars ($10,000).
(b) Subdivision (a) applies to the following places:
(1) Any health facility licensed under Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code, or any
place where medical care is provided by a licensed health care
professional.
(2) Any church, temple, synagogue, mosque, or other place of
worship.
(3) The buildings, offices, and meeting sites of organizations
that counsel for or against abortion or among whose major activities
are lobbying, publicizing, or organizing with respect to public or
private issues relating to abortion.
(4) Any place at which a lecture, film-showing, or other private
meeting or presentation that educates or propagates with respect to
abortion practices or policies, whether on private property or at a
meeting site authorized for specific use by a private group on public
property, is taking place.
(5) Any bookstore or public or private library.
(6) Any building or facility designated as a courthouse.
(7) The home or office of a judicial officer.
(8) Any building or facility regularly occupied by county
probation department personnel in which the employees perform
official duties of the probation department.
(9) Any private property, if the property was targeted in whole or
in part because of any of the actual or perceived characteristics of
the owner or occupant of the property listed in subdivision (a) of
Section 422.55.
(10) Any public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive.
(c) As used in this section, "judicial officer" means a
magistrate, judge, justice, commissioner, referee, or any person
appointed by a court to serve in one of these capacities, of any
state or federal court located in this state.
(d) As used in this section, "terrorizing" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.

(e) Nothing in this section shall be construed to prohibit the
prosecution of any person pursuant to Section 12303.3 or any other
provision of law in lieu of prosecution pursuant to this section.



11414. (a) Any person who intentionally harasses the child or ward
of any other person because of that person's employment, is guilty of
a misdemeanor.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Child" and "ward" mean a person under the age of 16 years.
(2) "Harasses" means knowing and willful conduct directed at a
specific child that seriously alarms, annoys, torments, or terrorizes
the child, and that serves no legitimate purpose. The conduct must
be such as would cause a reasonable child to suffer substantial
emotional distress, and actually cause the victim to suffer
substantial emotional distress.
(c) A second conviction under this section shall be punished by
imprisonment in a county jail for not less than five days. A third
or subsequent conviction under this section shall be punished by
imprisonment in a county jail for not less than 30 days.

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The Hertzberg-Alarcon California Prevention of
Terrorism Act


11415. This article shall be known and may be cited as the
Hertzberg-Alarcon California Prevention of Terrorism Act.



11416. The Legislature hereby finds and declares that the threat of
terrorism involving weapons of mass destruction, including, but not
limited to, chemical, biological, nuclear, or radiological agents, is
a significant public safety concern. The Legislature also
recognizes that terrorism involving weapons of mass destruction could
result in an intentional disaster placing residents of California in
great peril. The Legislature also finds it necessary to sanction
the possession, manufacture, use, or threatened use of chemical,
biological, nuclear, or radiological weapons, as well as the
intentional use or threatened use of industrial or commercial
chemicals as weapons against persons or animals.



11417. (a) For the purposes of this article, the following terms
have the following meanings:
(1) "Weapon of mass destruction" includes chemical warfare agents,
weaponized biological or biologic warfare agents, restricted
biological agents, nuclear agents, radiological agents, or the
intentional release of industrial agents as a weapon, or an aircraft,
vessel, or vehicle, as described in Section 34500 of the Vehicle
Code, which is used as a destructive weapon.
(2) "Chemical Warfare Agents" includes, but is not limited to, the
following weaponized agents, or any analog of these agents:
(A) Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD),
GF, and VX.
(B) Choking agents, including Phosgene (CG) and Diphosgene (DP).
(C) Blood agents, including Hydrogen Cyanide (AC), Cyanogen
Chloride (CK), and Arsine (SA).
(D) Blister agents, including mustards (H, HD (sulfur mustard),
HN-1, HN-2, HN-3 (nitrogen mustard)), arsenicals, such as Lewisite
(L), urticants, such as CX; and incapacitating agents, such as BZ.
(3) "Weaponized biological or biologic warfare agents" include
weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts,
fungi, or genetically engineered pathogens, toxins, vectors, and
endogenous biological regulators (EBRs).
(4) "Nuclear or radiological agents" includes any improvised
nuclear device (IND) which is any explosive device designed to cause
a nuclear yield; any radiological dispersal device (RDD) which is any
explosive device utilized to spread radioactive material; or a
simple radiological dispersal device (SRDD) which is any act or
container designed to release radiological material as a weapon
without an explosion.
(5) "Vector" means a living organism or a molecule, including a
recombinant molecule, or a biological product that may be engineered
as a result of biotechnology, that is capable of carrying a
biological agent or toxin to a host.
(6) "Weaponization" is the deliberate processing, preparation,
packaging, or synthesis of any substance for use as a weapon or
munition. "Weaponized agents" are those agents or substances
prepared for dissemination through any explosive, thermal, pneumatic,
or mechanical means.
(7) For purposes of this section, "used as a destructive weapon"
means to use with the intent of causing widespread great bodily
injury or death by causing a fire or explosion or the release of a
chemical, biological, or radioactive agent.
(b) The intentional release of a dangerous chemical or hazardous
material generally utilized in an industrial or commercial process
shall be considered use of a weapon of mass destruction when a person
knowingly utilizes those agents with the intent to cause harm and
the use places persons or animals at risk of serious injury, illness,
or death, or endangers the environment.
(c) The lawful use of chemicals for legitimate mineral extraction,
industrial, agricultural, or commercial purposes is not proscribed
by this article.
(d) No university, research institution, private company,
individual, or hospital engaged in scientific or public health
research and, as required, registered with the Centers for Disease
Control and Prevention (CDC) pursuant to Part 113 (commencing with
Section 113.1) of Subchapter E of Chapter 1 of Title 9 or pursuant to
Part 72 (commencing with Section 72.1) of Subchapter E of Chapter 1
of Title 42 of the Code of Federal Regulations, or any successor
provisions, shall be subject to this article.



11418. (a) (1) Any person, without lawful authority, who possesses,
develops, manufactures, produces, transfers, acquires, or retains
any weapon of mass destruction, shall be punished by imprisonment in
the state prison for 4, 8, or 12 years.
(2) Any person who commits a violation of paragraph (1) and who
has been previously convicted of Section 11411, 11412, 11413, 11418,
11418.1, 11418.5, 11419, 11460, 12303.1, 12303.2, or 12303.3 shall be
punished by imprisonment in the state prison for 5, 10, or 15 years.

(b) (1) Any person who uses or directly employs against another
person a weapon of mass destruction in a form that may cause
widespread, disabling illness or injury in human beings shall be
punished by imprisonment in the state prison for life.
(2) Any person who uses or directly employs against another person
a weapon of mass destruction in a form that may cause widespread
great bodily injury or death and causes the death of any human being
shall be punished by imprisonment in the state prison for life
without the possibility of parole. Nothing in this paragraph shall
prevent punishment instead under Section 190.2.
(3) Any person who uses a weapon of mass destruction in a form
that may cause widespread damage to or disruption of the food supply
or "source of drinking water" as defined in subdivision (d) of
Section 25249.11 of the Health and Safety Code shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and by a fine
of not more than one hundred thousand dollars ($100,000).
(4) Any person who maliciously uses against animals, crops, or
seed and seed stock, a weapon of mass destruction in a form that may
cause widespread damage to or substantial diminution in the value of
stock animals or crops, including seeds used for crops or product of
the crops, shall be punished by imprisonment in the state prison for
4, 8, or 12 years and by a fine of not more than one hundred thousand
dollars ($100,000).
(c) Any person who uses a weapon of mass destruction in a form
that may cause widespread and significant damage to public natural
resources, including coastal waterways and beaches, public parkland,
surface waters, ground water, and wildlife, shall be punished by
imprisonment in the state prison for 3, 4, or 6 years.
(d) (1) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (b)
shall be punished by imprisonment in the state prison for 4, 8, or 12
years and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
(2) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (c)
shall be punished by imprisonment in the state prison for three, six,
or nine years and by a fine of not more than two hundred fifty
thousand dollars ($250,000).
(e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.




11418.1. Any person who gives, mails, sends, or causes to be sent
any false or facsimile of a weapon of mass destruction to another
person, or places, causes to be placed, or possesses any false or
facsimile of a weapon of mass destruction, with the intent to cause
another person to fear for his or her own safety, or for the personal
safety of others, is guilty of a misdemeanor. If the person's
conduct causes another person to be placed in sustained fear, the
person shall be punished by imprisonment in a county jail for not
more than one year or in the state prison for 16 months, or two or
three years and by a fine of not more than two hundred fifty thousand
dollars ($250,000). For purposes of this section, "sustained fear"
has the same meaning as in Section 11418.5.



11418.5. (a) Any person who knowingly threatens to use a weapon of
mass destruction, with the specific intent that the statement as
defined in Section 225 of the Evidence Code or a statement made by
means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of
execution of the threat, and thereby causes that person reasonably to
be in sustained fear for his or her own safety, or for his or her
immediate family's safety shall be punished by imprisonment in a
county jail for up to one year or in the state prison for 3, 4, or 6
years, and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
(b) For the purposes of this section, "sustained fear" can be
established by, but is not limited to, conduct such as evacuation of
any building by any occupant, evacuation of any school by any
employee or student, evacuation of any home by any resident or
occupant, any isolation, quarantine, or decontamination effort.
(c) The fact that the person who allegedly violated this section
did not actually possess a biological agent, toxin, or chemical
weapon does not constitute a defense to the crime specified in this
section.
(d) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.



11419. (a) Any person or entity possessing any of the restricted
biological agents enumerated in subdivision (b) shall be punished by
imprisonment in the state prison for 4, 8, or 12 years, and by a fine
of not more than two hundred fifty thousand dollars ($250,000).
(b) For the purposes of this section, "restricted biological
agents" means the following:
(1) Viruses: Crimean-Congo hemorrhagic fever virus, eastern
equine encephalitis virus, ebola viruses, equine morbilli virus,
lassa fever virus, marburg virus, Rift Valley fever virus, South
African hemorrhagic fever viruses (Junin, Machupo, Sabia, Flexal,
Guanarito), tick-borne encephalitis complex viruses, variola major
virus (smallpox virus), Venezuelan equine encephalitis virus, viruses
causing hantavirus pulmonary syndrome, yellow fever virus.
(2) Bacteria: bacillus anthracis (commonly known as anthrax),
brucella abortus, brucella melitensis, brucella suis, burkholderia
(pseudomonas) mallei, burkholderia (pseudomonas) pseudomallei,
clostridium botulinum, francisella tularensis, yersinia pestis
(commonly known as plague).
(3) Rickettsiae: coxiella burnetii, rickettsia prowazekii,
rickettsia rickettsii.
(4) Fungi: coccidioides immitis.
(5) Toxins: abrin, aflatoxins, botulinum toxins, clostridium
perfringens epsilon toxin, conotoxins, diacetoxyscirpenol, ricin,
saxitoxin, shigatoxin, staphylococcal enterotoxins, tabtoxin,
tetrodotoxin, T-2 toxin.
(6) Any other microorganism, virus, infectious substance, or
biological product that has the same characteristics as, or is
substantially similar to, the substances prohibited in this section.

(c) (1) This section shall not apply to any physician,
veterinarian, pharmacist, or licensed medical practitioner authorized
to dispense a prescription under Section 11026 of the Health and
Safety Code, or universities, research institutions, or
pharmaceutical corporations, or any person possessing the agents
pursuant to a lawful prescription issued by a person defined in
Section 11026 of the Health and Safety Code, if the person possesses
vaccine strains of the viral agents Junin virus strain #1, Rift
Valley fever virus strain MP-12, Venezuelan equine encephalitis virus
strain TC-83 and yellow fever virus strain 17-D; any vaccine strain
described in Section 78.1 of Subpart A of Part 78 of Subchapter C of
Chapter 1 of Title 9 of the Code of Federal Regulations, or any
successor provisions, and any toxin for medical use, inactivated for
use as vaccines, or toxin preparation for biomedical research use at
a median lethal dose for vertebrates of more than 100 ng/kg, as well
as any national standard toxin required for biologic potency testing
as described in Part 113 (commencing with Section 113.1) of
Subchapter E of Chapter 1 of Title 9 of the Code of Federal
Regulations, or any successor provisions.
(2) For the purposes of this section, no person shall be deemed to
be in possession of an agent if the person is naturally exposed to,
or innocently infected or contaminated with, the agent.
(d) Any peace officer who encounters any of the restricted agents
mentioned above shall immediately notify and consult with a local
public health officer to ensure proper consideration of any public
health risk.
(e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.

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Paramilitary Organizations

11460. (a) Any two or more persons who assemble as a paramilitary
organization for the purpose of practicing with weapons shall be
punished by imprisonment in a county jail for not more than one year
or by a fine of not more than one thousand dollars ($1,000), or by
both that fine and imprisonment.
As used in this subdivision, "paramilitary organization" means an
organization which is not an agency of the United States government
or of the State of California, or which is not a private school
meeting the requirements set forth in Section 48222 of the Education
Code, but which engages in instruction or training in guerrilla
warfare or sabotage, or which, as an organization, engages in rioting
or the violent disruption of, or the violent interference with,
school activities.
(b) (1) Any person who teaches or demonstrates to any other person
the use, application, or making of any firearm, explosive, or
destructive device, or technique capable of causing injury or death
to persons, knowing or having reason to know or intending that these
objects or techniques will be unlawfully employed for use in, or in
the furtherance of a civil disorder, or any person who assembles with
one or more other persons for the purpose of training with,
practicing with, or being instructed in the use of any firearm,
explosive, or destructive device, or technique capable of causing
injury or death to persons, with the intent to cause or further a
civil disorder, shall be punished by imprisonment in the county jail
for not more than one year or by a fine of not more than one thousand
dollars ($1,000), or by both that fine and imprisonment.
Nothing in this subdivision shall make unlawful any act of any
peace officer or a member of the military forces of this state or of
the United States, performed in the lawful course of his or her
official duties.
(2) As used in this section:
(A) "Civil disorder" means any disturbance involving acts of
violence which cause an immediate danger of or results in damage or
injury to the property or person of any other individual.
(B) "Destructive device" has the same meaning as in Section 12301.

(C) "Explosive" has the same meaning as in Section 12000 of the
Health and Safety Code.
(D) "Firearm" means any device designed to be used as a weapon, or
which may readily be converted to a weapon, from which is expelled a
projectile by the force of any explosion or other form of
combustion, or the frame or receiver of this weapon.
(E) "Peace officer" means any peace officer or other officer
having the powers of arrest of a peace officer, specified in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2.
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STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND
RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC
DEFENDERS


11500. The purpose of this title is to improve the administration
of criminal justice by providing funding for statewide programs of
education, training, and research for local public prosecutors and
public defenders.


11501. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, a
program of financial assistance to provide for statewide programs of
education, training, and research for local public prosecutors and
public defenders. All funds made available to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and distributed by
the executive director of the office.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 is authorized to
allocate and award funds to public agencies or private nonprofit
organizations for purposes of establishing statewide programs of
education, training, and research for public prosecutors and public
defenders, which programs meet criteria established pursuant to
Section 11502.
(c) Annually, the executive director shall submit a report to the
Legislature describing the operation and accomplishments of the
statewide programs authorized by this title.



11502. (a) Criteria for selection of education, training, and
research programs for local public prosecutors and public defenders
shall be developed by the agency or agencies designated by the
Director of Finance pursuant to Section 13820 in consultation with an
advisory group entitled the Prosecutors and Public Defenders
Education and Training Advisory Committee.
(b) The Prosecutors and Public Defenders Education and Training
Advisory Committee shall be composed of six local public prosecutors
and six local public defender representatives, all of whom are
appointed by the executive director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820, who
shall provide staff services to the advisory committee. In
appointing the members of the committee, the executive director shall
invite the Attorney General, the State Public Defender, the Speaker
of the Assembly, and the Senate President pro Tempore to participate
as ex officio members of the committee.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in consultation with the advisory
committee, shall develop specific guidelines including criteria for
selection of organizations to provide education, training, and
research services.
(d) In determining the equitable allocation of funds between
prosecution and defense functions, the agency or agencies designated
by the Director of Finance pursuant to Section 13820 and the advisory
committee shall give consideration to the amount of local government
expenditures on a statewide basis for the support of those
functions.
(e) The administration of the overall program shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820. The agency or agencies so designated may,
out of any appropriation for this program, expend an amount not to
exceed 7.5 percent for any fiscal year for those purposes.
(f) No funds appropriated pursuant to this title shall be used to
support a legislative advocate.
(g) To the extent necessary to meet the requirements of the State
Bar of California relating to certification of training for legal
specialists, the executive director shall ensure that, where
appropriate, all programs funded under this title are open to all
members of the State Bar of California. The program guidelines
established pursuant to subdivision (c) shall provide for the
reimbursement of costs for all participants deemed eligible by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, in conjunction with the Legal Training Advisory
Committee, by means of course attendance.



11503. There is hereby created in the State Treasury the Local
Public Prosecutors and Public Defenders Training Fund for the support
of the Prosecutors and Public Defenders Education and Training
Program, established pursuant to this title.




11504. To the extent funds are appropriated from the Assessment
Fund to the Local Public Prosecutors and Public Defenders Training
Fund established pursuant to Section 11503, the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
allocate financial resources for statewide programs of education,
training, and research for local public prosecutors and public
defenders.

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CONTROL OF DEADLY WEAPONS
FIREARMS
General Provisions


12000. This chapter shall be known and may be cited as "The
Dangerous Weapons Control Law."



12001. (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall 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.
(2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
(b) As used in this title, "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.

(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, the term "firearm"
includes the frame or receiver of the weapon.
(d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include 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.
(e) For purposes of Sections 12070, 12071, and paragraph (8) of
subdivision (a), and subdivisions (b), (c), (d), and (f) of Section
12072, the term "firearm" does not include an unloaded firearm that
is defined as an "antique firearm" in Section 921(a)(16) of Title 18
of the United States Code.
(f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
(g) For purposes of Sections 12551 and 12552, the term "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.
(h) As used in this title, "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 Section 12071, and includes persons who receive
finished parts of firearms and assemble them into completed or
partially completed firearms in furtherance of that purpose.
"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 Section 12071 and the
regulations issued pursuant thereto. A wholesaler also does not
include those persons dealing exclusively in grips, stocks, and other
parts of firearms that are not frames or receivers thereof.
(i) As used in Section 12071 or 12072, "application to purchase"
means any of the following:
(1) The initial completion of the register by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (b) of Section 12076.
(2) The initial completion and transmission to the department of
the record of electronic or telephonic transfer by the dealer on the
purchaser, transferee, or person being loaned the firearm as required
by subdivision (c) of Section 12076.
(j) For purposes of Section 12023, 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.
(k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
12073, 12078, 12101, and 12801 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 the same shall constitute a
distinct and separate offense under those sections.
(l) For purposes of Section 12020, a violation of that section as
to each firearm, weapon, or device enumerated therein shall
constitute a distinct and separate offense.
(m) Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this title 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.
(n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.

(2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(3) He or she 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) He or she is the owner of a handgun.
(5) He or she acquired that handgun outside of California.
(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
(7) He or she intends to possess that handgun within this state on
or after January 1, 1998.
(8) The handgun was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that firearm
following the procedures set forth in Section 12071 and subdivision
(c) of Section 12072.
(9) He or she, while a resident of this state, had not previously
reported his or her ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
(10) The handgun is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon, as defined in Section
12276 or 12276.1.
(12) The handgun is not a machinegun, as defined in Section 12200.

(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(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 members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
(p) As used in this code, "basic firearms safety certificate"
means a certificate issued by the Department of Justice pursuant to
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, prior to January 1, 2003.
(q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
(r) As used in this title, "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.
(s) As used in this title, "consultant-evaluator" means a
consultant or evaluator who, in the course of his or her 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 his or her research
or evaluation, and has a current certificate of eligibility issued to
him or her pursuant to Section 12071.



12001.1. (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. As used in this section, an
"undetectable knife" means any 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 that is commercially
manufactured to be used as a weapon and is not detectable by a metal
detector or magnetometer, either handheld or otherwise, that is set
at standard calibration.
(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.
(c) This section shall not apply to the manufacture or importation
of undetectable knives for sale to a law enforcement or military
entity with a valid agency, department, or unit purchase order, nor
shall this section apply to the subsequent sale of these knives to a
law enforcement or military entity.
(d) This section shall not apply to the manufacture or importation
of undetectable knives for sale to federal, state, and local
historical societies, museums, and institutional collections which
are open to the public, provided that the undetectable knives are
properly housed and secured from unauthorized handling, nor shall
this section apply to the subsequent sale of the knives to these
societies, museums, and collections.



12001.5. Except as expressly provided in Section 12020, and solely
in accordance with Section 12020, no person may manufacture, import
into this state, keep for sale, offer for sale, give, lend, or
possess any short-barreled shotgun or short-barreled rifle, as
defined in Section 12020, and nothing else in this chapter 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 shotgun or short-barreled rifle, as
defined in Section 12020.


12001.6. As used in this chapter, an offense which 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.



12002. (a) Nothing in this chapter prohibits police officers,
special police officers, peace officers, or law enforcement officers
from carrying any wooden club, baton, or any equipment authorized for
the enforcement of law or ordinance in any city or county.
(b) Nothing in this chapter 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 his or her
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 the 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 his or
her employment, issued by the Department of Consumer Affairs. The
department may authorize certified training institutions 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 which
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 baton or
club 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 this chapter prohibits an animal control officer,
as described in Section 830.9, from carrying any wooden club or baton
if the animal control 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.



12003. If any section, subsection, sentence, clause or phrase of
this chapter is for any reason held to be unconstitutional such
decision shall not affect the validity of the remaining portions of
this chapter. The Legislature hereby declares that it would have
passed this act 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.
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Prohibited Armed Persons File

12010. (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.


12011. 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 Section 12021, a conviction
for an offense described in Section 12021.1, 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 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
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.



12012. 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.

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Unlawful Carrying and Possession of Weapons


12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
(1) 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 or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
(2) Commencing January 1, 2000, 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.
(3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
(4) Carries concealed upon his or her person any dirk or dagger.
However, 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). A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
(b) Subdivision (a) does not apply to any of the following:
(1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and
short-barreled rifles by peace officer members of a police
department, sheriff's office, marshal's office, the California
Highway Patrol, or the Department of Justice when on duty and the use
is authorized by the agency and is within the course and scope of
their duties and the peace officer has completed a training course in
the use of these weapons certified by the Commission on Peace
Officer Standards and Training.
(2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
(3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
(4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
(5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also 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.
(6) Tracer ammunition manufactured for use in shotguns.
(7) 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
which is in the possession of a person permitted to possess the
items pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto. Any person prohibited by Section 12021, 12021.1, or 12101
of this code 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 pursuant to Section 12021, 12021.1, or 12101 of
this code 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 paragraph is in violation of subdivision
(a).
(8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto. Any person prohibited by
Section 12021, 12021.1, or 12101 of this code 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 pursuant to Section 12021,
12021.1, or 12101 of this code 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 paragraph is in violation of subdivision
(a). The exemption provided in this subdivision does not apply to
pen guns.
(9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized 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.
(11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
(12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
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 their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
(13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
(14) 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 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
(15) 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.
(16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
(A) The person 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 instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
(C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
(17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
(A) The person 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 or transport 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 for disposition
according to law.
(D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she 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
subdivision (d) of Section 12026.2.
(18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
(19) 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.
(20) 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 his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
(22) 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 Section 12021, 12021.1, or 12101 of this code 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.
(23) 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 large-capacity magazine previously lawfully
possessed in the state.
(24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
(26) 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 12079, when those
activities are in accordance with the terms and conditions of that
permit.
(27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
(28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
(30) (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 his or her 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.
(31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, 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.
(c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
(A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
(B) A firearm which has an overall length of less than 26 inches
and which 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 which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
(2) As used in this section, a "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 which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
(3) As used in this section, a "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.
(4) As used in this section, a "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.
(5) As used in this section, a "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.
(6) As used in this section, a "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.
(7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which 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.
(8) As used in this section, a "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 which propels an arrow or a bolt by means of
any common bow, compound bow, crossbow, or underwater speargun.
(9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
(A) It is designed and intended to enclose a firearm.
(B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(C) It is not readily recognizable as containing a firearm.
"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.
(10) As used in this section, a "zip gun" means any weapon or
device which 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.
(11) As used in this section, 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.
(12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
(13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
(14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
(15) As used in this section, a "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.

(16) As used in this section, 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.
(17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
(18) As used in this section, an "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.
(19) As used in this section, a "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.
(20) As used in this section, a "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.

(21) As used in this section, a "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.
(22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
(A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
(B) When any major component of which, 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.
(C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
All firearm detection equipment newly installed in nonfederal
public buildings 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, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
(23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
(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.
(24) As used in this section, a "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 653k, 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.
(25) As used in this section, "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.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.



12020.1. Any person in this state who 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 hard plastic knuckles is guilty
of a misdemeanor. As used in this section, "hard plastic knuckles"
means any device or instrument made wholly or partially of plastic
that is not a metal knuckle as defined in paragraph (7) of
subdivision (c) of Section 12020, 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
plastic 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.



12020.3. Any person who, for commercial purposes, purchases, sells,
manufacturers, 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).



12020.5. It shall be unlawful for any person, as defined in Section
12277, to advertise the sale of any weapon or device whose
possession is prohibited by Section 12020, 12220, 12280, 12303,
12320, 12321, 12355, or 12520 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.



12021. (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 12001.6, or who is addicted
to the use of any narcotic drug, and who owns, purchases, receives,
or has in his or her possession or under his or her 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 his or her possession or under his or
her 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 12001.6,
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 his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, 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,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9,
646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034,
Section 12040, subdivision (b) of Section 12072, subdivision (a) of
former Section 12100, Section 12220, 12320, or 12590, 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
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her 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 subdivision. However, the prohibition in this
paragraph may be reduced, eliminated, or conditioned as provided in
paragraph (2) or (3).
(2) 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 this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. 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. 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. 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:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, 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.
(C) (i) Finds that the petitioner does not have a previous
conviction under this subdivision no matter when the prior conviction
occurred.
(ii) 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 this section, 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 paragraph in cases in which relief is
warranted. However, nothing in this paragraph 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 this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition. 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. 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. 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:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, 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.
(C) (i) Finds that the petitioner does not have a previous
conviction under this subdivision, no matter when the prior
conviction occurred.
(ii) 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
paragraph in cases in which relief is warranted. However, nothing in
this paragraph shall be construed to require courts to grant relief
to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her 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.
(d) (1) 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 his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
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 provided by the
Department of Justice, shall notify the department of persons subject
to this subdivision. 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.
(2) For any person who is subject to subdivision (a), (b), or (c),
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 section from owning, purchasing, receiving,
possessing or having under his or her 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. Failure to provide the notice shall not be a defense to a
violation of this section.
(e) Any person who (1) 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 paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) 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 paragraph (1) of subdivision (c), or any offense
described in subdivision (a) of Section 12025, subdivision (a) of
Section 12031, or subdivision (a) of Section 12034, shall not own, or
have in his or her possession or under his or her custody or
control, any firearm until the age of 30 years. A violation of this
subdivision 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 juvenile court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
subdivision. Notwithstanding any other law, the forms required to be
submitted to the department pursuant to this subdivision may be used
to determine eligibility to acquire a firearm.
(f) 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.
(g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she 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.

(2) Every person who owns or possesses a firearm knowing that he
or she 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.
(3) 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.
(4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with
Section 1203.097.
(h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
(A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
(B) 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.
(C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
(D) 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 he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
(2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
(i) 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 this section. 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 this section or any other
provision of law. The protocol shall be completed on or before
January 1, 2005.


12021.1. (a) Notwithstanding subdivision (a) of Section 12021, any
person who has been previously convicted of any of the offenses
listed in subdivision (b) and who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony. A dismissal of an accusatory pleading pursuant
to Section 1203.4a involving an offense set forth in subdivision (b)
does not affect the finding of a previous conviction. 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) As used in this section, 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 attempt to commit a crime listed in this subdivision
other than an assault.
(27) Any offense enumerated in subdivision (a), (b), or (d) of
Section 12001.6.
(28) Carjacking.
(29) Any offense enumerated in subdivision (c) of Section 12001.6
if the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
(c) Any person previously convicted of any of the offenses listed
in subdivision (b) 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 his or her possession or under his or her custody or
control any firearm is guilty of a felony. 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.
(d) The court shall apply the minimum sentence as specified in
subdivisions (a) and (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 imprisonment
required by subdivisions (a) and (c), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (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 the disposition.



12021.3. (a) (1) 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 to him or her shall make
application for a determination by the Department of Justice as to
whether he or she is eligible to possess a firearm. The application
shall include the following:
(A) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
(B) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, he or she shall also
provide his or her country of citizenship and his or her alien
registration or I-94 number.
(C) If the firearm is a handgun, the firearm's make, model,
caliber, barrel length, handgun type, country of origin, and serial
number.
(D) 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 state of
residence, or a copy of the applicant's state identification card
from the state of residence. Copies of the documents provided by
non-California residents shall be notarized.
(E) The name of the court or law enforcement agency holding the
firearm.
(F) The signature of the applicant and the date of signature.
(G) 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 subparagraph (D) of
paragraph (1) of subdivision (a) shall be guilty of a misdemeanor.
(2) 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 as defined in Section 12071.
(3) 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 subparagraph (D) of
paragraph (1) of subdivision (a) is punishable as a misdemeanor.
(b) 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:
(1) That individual presents to the agency or court notification
of a determination by the department pursuant to subdivision (e) that
the person is eligible to possess firearms.
(2) 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.
(3) 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 subdivision (e). Nothing in this subdivision shall
prevent the local law enforcement agency from charging the rightful
owner or person entitled to possession of the firearm the fees
described in subdivision (j). However, individuals who are applying
for a background check to retrieve a firearm that comes into the
custody or control of the court or law enforcement agency pursuant to
subdivision (a) shall be exempt from the fees in subdivision (c)
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.
(c) 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 section. The fees shall be deposited into the Dealers' Record of
Sale Special Account. 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.
(d) When the Department of Justice receives a completed
application pursuant to subdivision (a) accompanied with the fee
required pursuant to subdivision (c), it shall conduct an eligibility
check of the applicant to determine whether the applicant is
eligible to possess firearms.
(e) (1) 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:
(A) The identity of the applicant.
(B) A statement that the applicant is eligible to possess a
firearm.
(C) If the firearm is a handgun, a description of the handgun by
make, model, and serial number.
(2) If the firearm is a handgun, the department shall enter a
record of the handgun into the Automated Firearms System.
(3) The department shall have 30 days from the date of receipt to
complete the background check unless delayed by circumstances beyond
the control of the department. The applicant may contact the
department to inquire about the reason for the delay.
(f) 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 as defined in Section
12071. The applicant may contact the department to inquire about the
reason for the denial.
(g) 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.
(h) Notwithstanding Section 11106, the department may retain
personal information about an applicant in connection with a claim
for a firearm that is not a handgun to allow for law enforcement
confirmation of compliance with this section. 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.
(i) (1) If a law enforcement agency determines that the applicant
is the legal owner of any firearm deposited with the law enforcement
agency and is prohibited from possessing any firearm and the firearm
is an otherwise legal firearm, the applicant shall be entitled to
sell or transfer the firearm to a licensed dealer as defined in
Section 12071.
(2) If the firearm has been lost or stolen, the firearm shall be
restored to the lawful owner pursuant to Section 11108.5 upon his or
her identification of the firearm and proof of ownership, and proof
of eligibility to possess a firearm pursuant to subdivision (e).
Nothing in this subdivision shall prevent the local law enforcement
agency from charging the rightful owner of the firearm the fees
described in subdivision (j).
(3) Subdivision (a) of Section 12070 shall not apply to
deliveries, transfers, or returns of firearms made by a court or a
law enforcement agency pursuant to this section.
(4) Subdivision (d) of Section 12072 shall not apply to
deliveries, transfers, or returns of firearms made pursuant to this
section.
(j) (1) 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 firearms. The fees 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. Those administrative costs 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.
(2) The following apply to any charges imposed for administrative
costs pursuant to this subdivision:
(A) The charges shall only be imposed on the person claiming title
to the firearms.
(B) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
(C) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(D) 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.
(3) 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 poststorage hearing as a
requirement for release of the firearm to the legal owner.
(k) In a proceeding for the return of a firearm seized and not
returned pursuant to this section, where the defendant or
cross-defendant is a law enforcement agency, the court shall award
reasonable attorney's fees to the prevailing party.



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 paragraph
(20) of subdivision (c) of Section 12020.
(6) "Shotgun" shall have the same meaning as specified in
paragraph (21) of subdivision (c) of Section 12020.



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 12276 or Section 12276.1, or a machinegun, as defined in
Section 12200, or a .50 BMG rifle, as defined in Section 12278, 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 Section 12028.
(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 subdivision
(b) of Section 12021.1, 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.



12022.3. 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. 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.



12022.4. 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.



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 12276 or Section
12276.1, or a machinegun, as defined in Section 12200, 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 Section 12028.
(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 ***ual 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 (***ual 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 12034, 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 Section 12028.
(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) ***ual 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 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 such 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.



12023. (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.




12024. Every person having upon him or her any deadly weapon, with
intent to assault another, is guilty of a misdemeanor.



12025. (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon his or her 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 he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) Carrying a concealed 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 this chapter, 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,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code 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) 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 if
both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.

(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.
(c) 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 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
(b) is met.
(d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 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 he or she 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 this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she 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) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(g) For purposes of this section, "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.
(h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed.



12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. 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 defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.


12026. (a) Section 12025 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 Section 12021 or 12021.1 of this
code 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 Section 12021 or 12021.1 of this
code 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 Section 12031.



12026.1. (a) Section 12025 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 within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, 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 other than
the utility or glove compartment.
(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 this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.



12026.2. (a) Section 12025 does not apply to, or affect, any of the
following:
(1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or 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.
(2) 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 meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
(3) 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.

(4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.

(5) 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 transfer, sale, or loan of that firearm.
(6) The transportation of a firearm by a person listed in Section
12026 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.
(7) 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.
(8) 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
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.
(9) 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.
(10) 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 12050 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.
(11) 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. This paragraph 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.
(12) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
(13) The transportation of a firearm by a person in order to
utilize subdivision (l) of Section 12078 as it pertains to that
firearm.
(14) 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 subdivision (d) of Section 12072.
(15) The transportation of a firearm by a person in order to
utilize paragraph (6) of subdivision (a) of Section 12078 as it
pertains to that firearm.
(16) The transportation of a firearm by a person who finds 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 that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the
law enforcement agency.
(17) The transportation of a firearm by a person in order to
comply with paragraph (2) of subdivision (f) of Section 12072 as it
pertains to that firearm.
(18) 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 he or she gives prior notice to the
law enforcement agency that he or she is transporting the firearm to
the law enforcement agency for disposition according to law.
(19) The transportation of a firearm by a person in order to
comply with paragraph (3) of subdivision (f) of Section 12072 as it
pertains to that firearm.
(20) The transportation of a firearm by a person for the purpose
of obtaining an identification number or mark assigned for that
firearm from the Department of Justice pursuant to Section 12092.
(b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
(c) This section 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 this
chapter.
(d) As used in this section, "locked container" means a secure
container which 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.



12027. Section 12025 does not apply to, or affect, any of the
following:
(a) (1) (A) Any peace officer, listed in Section 830.1 or 830.2,
or subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this subdivision. As used in
this section and Section 12031, the term "honorably retired" includes
all peace officers who have qualified for, and have accepted, a
service or disability retirement. For purposes of this section and
Section 12031, the term "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
(B) 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.
(C) No endorsement or renewal endorsement issued pursuant to
paragraph (2) shall be effective unless it is in the format set forth
in subparagraph (D), except that 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 concealed firearm
pursuant to this section, shall not be required to have an
endorsement in the format set forth in subparagraph (D) until the
time of the issuance, on or after January 1, 1989, of a renewal
endorsement pursuant to paragraph (2).
(D) A certificate issued pursuant to this paragraph for persons
who are not listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 or for persons
retiring after January 1, 1981, shall be in the following format: it
shall be on a 2 X3 inch card, bear the photograph of the retiree, the
retiree's name, date of birth, the date that the retiree retired,
name and address of the agency from which the retiree retired, have
stamped on it the endorsement "CCW Approved" and the date the
endorsement is to be renewed. A certificate issued pursuant to this
paragraph shall not be valid as identification for the sale,
purchase, or transfer of a firearm.
(E) For purposes of this section and Section 12031, "CCW" means
"carry concealed weapons."
(2) 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 the renewal of his or her privilege
to carry a concealed firearm every five years. 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. 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. 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
his or her 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."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry concealed
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually. The
individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a concealed firearm. 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.
(b) 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.
(c) Members of the Army, Navy, Air Force, Coast Guard, or Marine
Corps of the United States, or the National Guard, when on duty, or
organizations which are by law authorized to purchase or receive
those weapons from the United States or this state.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) Transportation of unloaded firearms by a person operating a
licensed common carrier or an authorized agent or employee thereof
when transported in conformance with applicable federal law.
(i) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, 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 officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a concealed
firearm.
Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that he or she may carry
a concealed firearm in accordance with this subdivision. 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.
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.
(j) 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 Article 3
(commencing with Section 12050).



12027.1. (a) (1) (A) (i) 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 identification certificate stating that the issuing agency
approves the officer's carrying of a concealed and loaded firearm.
(ii) 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 paragraph (2) of
subdivision (a) of Section 12027.
(iii) Peace officers not listed in clause (i) or (ii) who were
authorized to, and did, carry firearms during the course and scope of
their employment as peace officers, shall have an endorsement on the
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
(B) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be 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 subdivision (d).
(2) A retired peace officer may have his or her 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.
(b) (1) An identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement may be 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
subdivision (d).
(2) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be revoked only
after a hearing, as specified in subdivision (d). 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 have 15 days to respond to the 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. Upon the
date the agency receives the signed registered receipt 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 his or her right to respond.
(3) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be denied prior
to a hearing. 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 paragraph
shall forfeit his or her right to the hearing.
(c) A retired peace officer, when notified of the revocation of
his or her privilege to carry a concealed and loaded firearm, after
the hearing, or upon forfeiting his or her right to a hearing, shall
immediately surrender to the issuing agency his or her identification
certificate. The issuing agency shall reissue a new identification
certificate without an endorsement. However, if the peace officer
retired prior to January 1, 1981, and was at the time of his or her
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."
(d) Any hearing conducted under this section 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.
Any decision by the board shall be binding on the agency and the
retired peace officer.
(e) 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 section.



12028. (a) The unlawful concealed carrying upon the person of any
explosive substance, other than fixed ammunition, dirk, or dagger, as
provided in Section 12020, the unlawful carrying of any handguns in
violation of Section 12025, and the unlawful possession or carrying
of any item in violation of Section 653k is a nuisance.
(b) (1) Except as provided in paragraph (2), a firearm of any
nature owned or possessed in violation of Section 12021, 12021.1, or
12101 of this code, 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. 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.
(2) A firearm is not a nuisance pursuant to this subdivision if
the firearm owner disposes of his or her firearm pursuant to
paragraph (2) of subdivision (d) of Section 12021.
(c) Any weapon described in subdivision (a), or, upon 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, any
weapon described in subdivision (b) shall be surrendered to the
sheriff of a county or the chief of police or other head of a
municipal police department of any city or city and county or the
chief of police of any campus of the University of California or the
California State University or the Commissioner of the California
Highway Patrol. For purposes of this subdivision, the Commissioner
of the California Highway Patrol shall receive only weapons that were
confiscated by a member of the California Highway Patrol. The
officers to whom the weapons are surrendered, 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 officers in
charge of them consider to have value with respect to sporting,
recreational, or collection purposes, for sale at public auction to
persons licensed pursuant to Section 12071 to engage in businesses
involving any weapon purchased. If any weapon has been stolen and is
thereafter recovered from the thief or his or her transferee, or is
used in a manner as to constitute a nuisance pursuant to subdivision
(a) or (b) without the prior knowledge of its lawful owner that it
would be so used, it shall not be so offered for sale but shall be
restored to the lawful owner, as soon as its use as evidence has been
served, upon his or her identification of the weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
(d) If, under this section, a weapon is not of the type that can
be sold to the public, generally, or is not sold pursuant to
subdivision (c), 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 such
a weapon 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.
(e) 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 of the Fish and Game Code or any regulation adopted
pursuant thereto, or which is forfeited pursuant to Section 5008.6
of the Public Resources Code.
(f) No stolen weapon shall be sold or destroyed pursuant to
subdivision (c) or (d) unless reasonable notice is given to its
lawful owner, if his or her identity and address can be reasonably
ascertained.


12028.5. (a) As used in this section, the following definitions
shall apply:
(1) "Abuse" means any of the following:
(A) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(B) ***ual 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.
(2) "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.
(3) "Deadly weapon" means any weapon, the possession or concealed
carrying of which is prohibited by Section 12020.
(b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1, a peace officer of the Department of the California
Highway Patrol, as defined in subdivision (a) of Section 830.2, a
member of the University of California Police Department, as defined
in subdivision (b) of Section 830.2, an officer listed in Section
830.6 while acting in the course and scope of his or her employment
as a peace officer, a member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2, a peace
officer of the Department of Parks and Recreation, as defined in
subdivision (f) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, a peace officer, as defined in
subdivisions (a) and (b) of Section 830.32, and a peace officer, as
defined in Section 830.5, who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
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. Upon taking custody of a firearm or other deadly
weapon, the officer shall give the owner or person who possessed the
firearm a receipt. The receipt shall describe the firearm or other
deadly weapon and list any identification or serial number on the
firearm. The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this section, and the date after which the owner or possessor can
recover the firearm or other deadly weapon. No firearm or other
deadly weapon shall be held less than 48 hours. Except as provided in
subdivision (f), 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 Section 12021.3. In
any civil action or proceeding for the return of firearms or
ammunition or other deadly weapon seized by any state or local law
enforcement agency and not returned within five business days
following the initial seizure, except as provided in subdivision (d),
the court shall allow reasonable attorney's fees to the prevailing
party.
(c) 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 section 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.
(d) Any firearm or other deadly weapon that has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
(e) Any firearm or other deadly weapon taken into custody and held
by a police, university police, or sheriff's department or by a
marshal's office, by a peace officer of the Department of the
California Highway Patrol, as defined in subdivision (a) of Section
830.2, by a peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, by a peace officer,
as defined in subdivision (d) of Section 830.31, or by a peace
officer, as defined in Section 830.5, for longer than 12 months and
not recovered by the owner or person who has lawful possession at the
time it was taken into custody, shall be considered a nuisance and
sold or destroyed as provided in subdivision (c) of Section 12028.
Firearms or other deadly weapons not recovered within 12 months due
to an extended hearing process as provided in subdivision (j), are
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.
(f) In those cases in which a law enforcement agency has
reasonable cause to believe that the return of a firearm or other
deadly weapon would be likely to result in endangering the victim or
the person reporting the assault or threat, the agency shall 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.
The law enforcement agency may make an ex parte application stating
good cause for an order extending the time to file a petition.
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.
(g) 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 he or she has 30 days from the date of receipt of the
notice to respond to the court clerk to confirm his or her desire
for a hearing, and that the failure to respond shall result in a
default order forfeiting the confiscated firearm or other deadly
weapon. For the purposes of this subdivision, 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. 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.
(h) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. 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. 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.
(i) If the person 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
Section 12028.
(j) If, at the hearing, 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. 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. 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 Section 12028.

(k) The law enforcement agency, or the individual law enforcement
officer, shall not be liable for any act in the good faith exercise
of this section.



12028.7. (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 Section
12021.3.
(c) Nothing in this section is intended to displace any existing
law regarding the seizure or return of firearms.



12029. Except as provided in Section 12020, blackjacks, slungshots,
billies, nunchakus, sandclubs, sandbags, shurikens, metal knuckles,
short-barreled shotguns or short-barreled rifles as defined in
Section 12020, and any other item which is listed in subdivision (a)
of Section 12020 and is not listed in subdivision (a) of Section
12028 are nuisances, and 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 of the foregoing items. These
weapons shall be subject to confiscation and summary destruction
whenever found within the state. These weapons shall be destroyed in
the same manner as other weapons described in Section 12028, except
that upon the certification of a judge or of the district attorney
that the ends of justice will be subserved thereby, the weapon shall
be preserved until the necessity for its use ceases.



12030. (a) The officer having custody of any firearms which 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 he or she is employed and the approval of the Adjutant General,
deliver the firearms 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 this chapter. The officer delivering the
firearms shall take a receipt for them containing a complete
description thereof and shall keep the receipt on file in his or her
office as a public record.
(b) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by this chapter 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, or upon approval of a court, may
release them to any other law enforcement agency for use in carrying
out the official duties of that agency, or may 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 which may be useful in
carrying out the official duties of their respective agencies.
(c) 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. In the case of firearms or weaponry donated to the
California National Guard military museum and resource center, they
may be disposed of pursuant to Section 179 of the Military and
Veterans Code.
(d) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by this chapter may, in lieu of destroying the firearms,
obtain an order from the superior court directing the release of the
firearms to the sheriff. 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. 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. As used in this section, the term "firearms" shall not
include destructive devices, as defined in Section 12301. All
firearms released to an academy shall be under the care, custody, and
control of the particular academy.
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 which 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. When those firearms are returned, the law
enforcement agency to whom 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.
(e) Any law enforcement agency that retains custody of any firearm
pursuant to this section or that destroys a firearm pursuant to
Section 12028 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.



12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her 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.
(2) Carrying a loaded firearm in violation of this section is
punishable, as follows:
(A) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(C) 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.

(D) Where the person is not in lawful possession of the firearm,
as defined in this section, or is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code, as a felony.
(E) 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.
(F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the pistol,
revolver, or other firearm capable of being concealed upon the
person, 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.
(G) In all cases other than those specified in subparagraphs (A)
to (F), 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.
(3) For purposes of this section, "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.
(4) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a greater
penalty than this section.
(5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a warrant:

(i) When the person arrested has violated this section, although
not in the officer's presence.
(ii) 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.
(B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable
cause to believe that the person is carrying a loaded pistol,
revolver, or other firearm capable of being concealed upon the person
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 pistol, revolver, or
other firearm capable of being concealed upon the person.
(6) (A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, 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 he or she be
imprisoned for a period of at least three months.
(B) 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
subdivision or by granting probation or suspending the imposition or
execution of sentence with conditions other than those set forth in
this subdivision, 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.
(7) A violation of this section which 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.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist
in making arrests or preserving the peace while the person is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph
(3).
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.
No endorsement or renewal endorsement issued pursuant to paragraph
(2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027, except that 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 section,
shall not be required to have an endorsement in the format set forth
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027 until the time of the issuance, on or after January 1, 1989, of
a renewal endorsement pursuant to paragraph (2).
(2) 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 his or her privilege to
carry a loaded firearm every five years. 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. 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. 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 his or her
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."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a loaded firearm. 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.
(4) Members of the military forces of this state or of the United
States engaged in the performance of their duties.
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
(6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977,
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, 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 officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a loaded
firearm.
Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph. 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.
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.
(c) Subdivision (a) shall 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:
(1) 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, (A) are subject to suspension or dismissal after a hearing
on charges duly filed with the commission after a fair and impartial
trial, (B) are not less than 18 years of age or more than 40 years of
age, (C) possess physical qualifications prescribed by the
commission, and (D) 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.
(2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when 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, or by 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.
(3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033. The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
(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 (A) if hired prior to January 1, 1977, or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are 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.
(4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(5) 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.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
(6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(e) 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 his or her 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.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of
this section 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; except that 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.
(h) Nothing in this section 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.
(i) Nothing in this section 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.
(j) (1) Nothing in this section 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 the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used
in this subdivision, "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.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph 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 defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section 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.
(l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
(m) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative only until January 1,
2005.



12031.1. Nothing in Section 12031 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 such a device while in a permitted hunting area or
traveling to or from such area and carrying a valid California permit
or license to hunt.



12032. 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 and county or city, 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 Section 12028.
This section shall 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 of law, or regulation thereunder, in the Fish and Game
Code.


12033. The Department of Consumer Affairs may issue a certificate
to any person referred to in subdivision (d) of Section 12031, 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.



12034. (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 12031 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.


12035. (a) As used in this section, the following definitions
apply:
(1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm, renders
the firearm inoperable.
(2) "Loaded firearm" has the same meaning as set forth in
subdivision (g) of Section 12031.
(3) "Child" means a person under 18 years of age.
(4) "Great bodily injury" has the same meaning as set forth in
Section 12022.7.
(5) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she 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 and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the
crime of "criminal storage of a firearm of the second degree" if he
or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she 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 and
the child obtains access to the firearm and thereby causes injury,
other than great bodily injury, to himself, herself, or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
(c) Subdivision (b) shall not apply whenever any of the following
occurs:
(1) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
(2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(3) The firearm is carried on the person or within such a close
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
(4) The firearm is locked with a locking device that has rendered
the firearm inoperable.
(5) 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.
(6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person, or persons.

(7) The person who keeps a loaded firearm on any premise that is
under his or her custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
(d) Criminal storage of a firearm is punishable as follows:
(1) Criminal storage of a firearm in the first degree, 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 fine and imprisonment.
(2) Criminal storage of a firearm in the second degree, 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.
(e) If the person who allegedly violated this section 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 this section when deciding
whether to prosecute an 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 subdivision shall not otherwise restrict, in any manner,
the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
(f) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, no arrest of the person for the
alleged violation of this section shall occur until at least seven
days after the date upon which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting
prior to arresting a person for a violation of this section, if the
person to be arrested is the parent or guardian of the injured child.
The intent of this subdivision 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.
(g) (1) The fact that the person who allegedly violated this
section attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
this section shall be considered a mitigating factor by a district
attorney when he or she is deciding whether to prosecute the alleged
violation.
(2) In any action or trial commenced under this section, the fact
that the person who allegedly violated this section attended a
firearm safety training course prior to the purchase of the firearm
that is obtained by a child in violation of this section, shall be
admissible.
(h) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7) of
subdivision (b) of that section, disclosing the duty imposed by this
section upon any person who keeps a loaded firearm.




12036. (a) As used in this section, the following definitions shall
apply:
(1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm, renders
the firearm inoperable.
(2) "Child" means a person under the age of 18 years.
(3) "Off-premises" means premises other than the premises where
the firearm was stored.
(4) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b) A person who keeps a pistol, revolver, or other firearm
capable of being concealed upon the person, loaded or unloaded,
within any premises that are under his or her custody or control and
he or she 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 and the child obtains access to that firearm
and thereafter carries that firearm off-premises, 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.
(c) A person who keeps any firearm within any premises that is
under his or her custody or control and he or she 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 and
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, 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.
(d) 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 subdivision (b) of Section 12028 regarding
the authority to confiscate firearms and other deadly weapons as a
nuisance.
(e) This section shall not apply if any one of the following
circumstances exists:
(1) The child obtains the firearm as a result of an illegal entry
into any premises by any person.
(2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(3) The firearm is locked with a locking device that has rendered
the firearm inoperable.
(4) The firearm is carried on the person within such a close range
that the individual can readily retrieve and use the firearm as if
carried on the person.
(5) 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.
(6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person or persons.

(7) 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.
(f) If the person who allegedly violated this section 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 this section 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 subdivision shall not otherwise restrict, in any manner,
the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
(g) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, no arrest of the person for the
alleged violation of this section shall occur until at least seven
days after the date upon which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting
prior to arresting a person for a violation of this section, if the
person to be arrested is the parent or guardian of the injured child.
The intent of this subdivision 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.
(h) (1) The fact that the person who allegedly violated this
section attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
this section shall be considered a mitigating factor by a district
attorney when he or she is deciding whether to prosecute the alleged
violation.
(2) In any action or trial commenced under this section, the fact
that the person who allegedly violated this section attended a
firearm safety training course prior to the purchase of the firearm
that is obtained by a child in violation of this section, shall be
admissible.
(i) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7) of
subdivision (b) of that section, disclosing the duty imposed by this
section upon any person who keeps any firearm.



12039. 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.



12040. (a) A person commits criminal possession of a firearm when
he or she carries a firearm in a public place or on any public street
while masked so as to hide his or her 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) shall not apply to the following:
(1) A peace officer who is in the performance of his or her
duties.
(2) Full-time paid peace officers of other states and the federal
government who are 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 arrests or preserving the
peace while he or she 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.
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Licenses to Carry Pistols and Revolvers

12050. (a) (1) (A) The sheriff of a county, upon proof that the
person applying is of good moral character, that good cause exists
for the issuance, and that the person applying satisfies any one of
the conditions specified in subparagraph (D) and has completed a
course of training as described in subparagraph (E), may issue to
that person a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person in either one of the
following formats:
(i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
(ii) 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 that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
(B) The chief or other head of a municipal police department of
any city or city and county, upon proof that the person applying is
of good moral character, that good cause exists for the issuance, and
that the person applying is a resident of that city and has
completed a course of training as described in subparagraph (E), may
issue to that person a license to carry a pistol, revolver, or other
firearm capable of being concealed upon the person in either one of
the following formats:
(i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
(ii) 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
that county a pistol, revolver, or other firearm capable of being
concealed upon the person.
(C) The sheriff of a county or the chief or other head of a
municipal police department of any city or city and county, upon
proof that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying is a
person who 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, may issue to that person a license to carry concealed a
pistol, revolver, or other firearm capable of being concealed upon
the person. Direct or indirect fees for the issuance of a license
pursuant to this subparagraph may be waived. 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 subparagraph, and shall not be considered
for the purpose of issuing a license pursuant to subparagraph (A) or
(B).
(D) For the purpose of subparagraph (A), the applicant shall
satisfy any one of the following:
(i) Is a resident of the county or a city within the county.
(ii) Spends a substantial period of time in the applicant's
principal place of employment or business in the county or a city
within the county.
(E) (i) For new license applicants, the course of training 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. Notwithstanding
this clause, 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.
(ii) 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 subparagraph,
in order for that person to renew a license issued pursuant to this
section.
(2) (A) (i) Except as otherwise provided in clause (ii),
subparagraphs (C) and (D) of this paragraph, and subparagraph (B) of
paragraph (4) of subdivision (f), a license issued pursuant to
subparagraph (A) or (B) of paragraph (1) is valid for any period of
time not to exceed two years from the date of the license.
(ii) If the licensee's place of employment or business was the
basis for issuance of the license pursuant to subparagraph (A) of
paragraph (1), 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 he or she
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.
(B) A license issued pursuant to subparagraph (C) of paragraph (1)
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 section does not limit the validity of the
license to a shorter time period.
(C) A license issued pursuant to subparagraph (A) or (B) of
paragraph (1) 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:
(i) A judge of a California court of record.
(ii) A full-time court commissioner of a California court of
record.
(iii) A judge of a federal court.
(iv) A magistrate of a federal court.
(D) A license issued pursuant to subparagraph (A) or (B) of
paragraph (1) 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 section does not limit the validity of the
license to a shorter time period.
(3) For purposes of this subdivision, 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 his or her working hours for purposes of
that employment or business.
(b) A license may include any reasonable restrictions or
conditions which the issuing authority deems warranted, 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.
(c) Any restrictions imposed pursuant to subdivision (b) shall be
indicated on any license issued.
(d) A license shall not be issued if the Department of Justice
determines that the person is within a prohibited class described in
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
(e) (1) The license 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 within a
prohibited class described in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Institutions Code, or the
local licensing authority determines that the person is within a
prohibited class described in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Institutions Code.
(2) If at any time the Department of Justice determines that a
licensee is within a prohibited class described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code, 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 12053. The licensee shall also be immediately notified of
the revocation in writing.
(f) (1) A person issued a license pursuant to this section may
apply to the licensing authority for an amendment to the license to
do one or more of the following:
(A) Add or delete authority to carry a particular pistol,
revolver, or other firearm capable of being concealed upon the
person.
(B) Authorize the licensee to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person.
(C) 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 that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
(D) 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.
(2) When the licensee changes his or her address, the license
shall be amended to reflect the new address and a new license shall
be issued pursuant to paragraph (3).
(3) If the licensing authority amends the license, a new license
shall be issued to the licensee reflecting the amendments.
(4) (A) The licensee shall notify the licensing authority in
writing within 10 days of any change in the licensee's place of
residence.
(B) If the license is one to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person, then it
may not be revoked solely because the licensee changes his or her
place of residence to another county if the licensee has not breached
any conditions or restrictions set forth in the license or has not
fallen into a prohibited class described in Section 12021 or 12021.1
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code. However, any license issued pursuant to subparagraph (A) or
(B) of paragraph (1) of subdivision (a) shall expire 90 days after
the licensee moves from the county of issuance if the licensee's
place of residence was the basis for issuance of the license.
(C) 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 if the licensee
changes his or her place of residence to another county.
(5) 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.
(6) An application to amend a license does not constitute an
application for renewal of the license.
(g) Nothing in this article 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 article.



12050.2. Within three months of the effective date of the act
adding this section, each licensing authority shall publish and make
available a written policy summarizing the provisions of
subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
Section 12050.



12051. (a) (1) The standard application form for licenses described
in paragraph (3) shall require information from the applicant
including, but not limited to, the name, occupation, residence and
business address of the applicant, his or her age, height, weight,
color of eyes and hair, and reason for desiring a license to carry
the weapon. Applications for licenses shall be filed in writing, and
signed by the applicant. Any license issued upon the application
shall set forth the licensee's name, occupation, residence and
business address, his or her age, height, weight, color of eyes and
hair, 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.
(2) 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 subdivision (f) of Section 12050 and
the reason for desiring the amendment.
(3) (A) Applications for amendments to licenses, applications for
licenses, amendments to licenses, and licenses shall be uniform
throughout the state, upon forms to be prescribed by the Attorney
General. 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. The application shall
include a section summarizing the statutory provisions of state law
that result in the automatic denial of a license.
(B) The forms shall contain a provision whereby the applicant
attests to the truth of statements contained in the application.
(C) 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 subparagraph (A), except to clarify or interpret
information provided by the applicant on the standard application
form.
(D) The standard application form described in subparagraph (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.
(b) Any person who files an application required by subdivision
(a) knowing that statements contained therein are false is guilty of
a misdemeanor.
(c) Any person who knowingly makes a false statement on the
application regarding any of the following shall be guilty of a
felony:
(1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to Section 12050.
(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.




12052. (a) 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. Upon receipt of the fingerprints and
the fee as prescribed in Section 12054, 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 under Section 12021 or 12021.1 of this code or Section
8100 or 8103 of the Welfare and Institutions Code from possessing,
receiving, owning, or purchasing a firearm. No license shall be
issued by any licensing authority until after receipt of the report
from the department.
(b) However, if the license applicant has previously applied to
the same licensing authority for a license to carry firearms pursuant
to Section 12050 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 12053 and no additional application form or fingerprints
shall be required.
(c) If the license applicant has a license issued pursuant to
Section 12050 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 12053
and no additional fingerprints shall be required.



12052.5. The licensing authority shall give written notice to the
applicant indicating if the license is approved or denied 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.




12053. (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) 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 subparagraph (C) of paragraph (1) of subdivision (a) of
Section 12050, and to judges, pursuant to subparagraph (A) or (B) of
paragraph (1) of subdivision (a) of Section 12050. The Attorney
General shall collect and record the information submitted pursuant
to this subdivision by county and licensing authority.



12054. (a) Each applicant for a new license or for the renewal of 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 for the
direct costs of furnishing the report required by Section 12052.
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. The officer receiving the
application and the fee shall transmit the fee, with the fingerprints
if required, to the Department of Justice. 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. 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.
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. 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 California
Department of Industrial Relations.
(b) In the case of an amended license pursuant to subdivision (f)
of Section 12050, the licensing authority of any city, city and
county, or county may charge a fee, not to exceed ten dollars ($10),
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 California Department of Industrial Relations, for
processing the amended license and shall transmit the fee to the
city, city and county, or county treasury.
(c) 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). 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).
(d) Except as authorized pursuant to subdivisions (a), (b), and
(c), 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.

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Licenses to Sell Firearms



12070. (a) No person shall sell, lease, or transfer firearms unless
he or she has been issued a license pursuant to Section 12071. Any
person violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the following:
(1) The sale, lease, or transfer of any firearm by a person acting
pursuant to operation of law, a court order, or pursuant to the
Enforcement of Judgments Law (Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure), or by a person
who liquidates a personal firearm collection to satisfy a court
judgment.
(2) A person acting pursuant to subdivision (e) of Section 186.22a
or subdivision (c) of Section 12028.
(3) The sale, lease, or transfer of a firearm by a person who
obtains title to the firearm by intestate succession or by bequest or
as a surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code, provided the
person disposes of the firearm within 60 days of receipt of the
firearm.
(4) The infrequent sale, lease, or transfer of firearms.
(5) The sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person, at gun shows or events, as specified in Section 12071,
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 12071, and provided all the sales, leases, or transfers fully
comply with subdivision (d) of Section 12072. However, the person
shall not engage in the sale, lease, or transfer of used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person 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 pistols, revolvers, or other firearms
capable of being concealed upon the person at any single gun show or
event. In no event shall the person sell more than 75 used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person in any calendar year.
A person described in this paragraph shall be known as a "Gun Show
Trader."
The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.
(6) Deliveries, sales, or transfers of firearms between or to
importers and manufacturers of firearms 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.
(7) The sale, delivery, or transfer of firearms by manufacturers
or importers licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto to dealers or wholesalers.
(8) Deliveries and transfers of firearms made pursuant to Section
12028, 12028.5, or 12030.
(9) The loan of a firearm for the purposes of shooting at targets,
if the loan occurs on the premises of a target facility which 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.
(10) Sales, deliveries, or transfers of firearms by manufacturers,
importers, or wholesalers licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if 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.
(11) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are 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 to
wholesalers, manufacturers, or importers, if 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.
(12) Sales, deliveries, or transfers of firearms by wholesalers to
dealers.
(13) Sales, deliveries, or transfers of firearms by persons who
reside outside this state to persons licensed pursuant to Section
12071, if 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.
(14) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to dealers, if 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.
(15) The delivery, sale, 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.
(16) 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.
(17) 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, 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 with a current
certificate of eligibility issued pursuant to Section 12071 to a
dealer.
(c) (1) As used in this section, "infrequent" means:
(A) For pistols, revolvers, and other firearms capable of being
concealed upon the person, less than six transactions per calendar
year. For this purpose, "transaction" means a single sale, lease, or
transfer of any number of pistols, revolvers, or other firearms
capable of being concealed upon the person.
(B) For firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, occasional and without
regularity.
(2) As used in this section, "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 firearms.
(B) A secured creditor 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.
(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 his or her functions as a receiver, if
the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties, if the
bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(H) Firearms 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 Division 3 of the Civil Code.



12071. (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who has all of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit issued by the State Board of
Equalization.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed by paragraph (6).
(F) Is among those recorded in the centralized list specified in
subdivision (e).
(2) 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.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(5) 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.
(6) 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:
(A) In the form prescribed by the Attorney General.
(B) 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.
(C) 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.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, 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 subparagraph 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 subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
waiting period specified in subparagraph (A) of paragraph (3), and
(ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) 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 subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may 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 subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) 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.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
(3) No firearm shall be delivered:
(A) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, 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 subdivision (e) of
Section 12076, 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 his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code. 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.
(4) 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.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) and paragraph (1) of subdivision (f)
of Section 12072, and subdivision (a) of Section 12316.
(7) The 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."
(8) (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.
(C) Commencing January 1, 2003, no handgun may be delivered unless
the purchaser, transferee, or person being loaned the firearm
presents documentation indicating that he or she is a California
resident. 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. The firearms dealer shall retain a
photocopy of the documentation as proof of compliance with this
requirement.
(D) 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.
The 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:
(i) If the handgun is a semiautomatic pistol:
(I) Remove the magazine.
(II) 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.
(III) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
(IV) 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.
(V) 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.
(VI) Insert the magazine into the magazine well of the firearm.
(VII) Manipulate the slide release or pull back and release the
slide.
(VIII) Remove the magazine.
(IX) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
(X) 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.
(XI) Apply the safety, if applicable.
(XII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms 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 paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(ii) If the handgun is a double-action revolver:
(I) Open the cylinder.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) 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.
(IV) 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.
(V) Close the cylinder.
(VI) Open the cylinder and eject the round.
(VII) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(VIII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms 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 paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(iii) If the handgun is a single-action revolver:
(I) Open the loading gate.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) 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.
(IV) 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.
(V) Open the loading gate and unload the revolver.
(VI) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(VII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms 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 paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(E) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(F) The firearms dealer shall sign and date an affidavit stating
that the requirements of subparagraph (D) 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.

(G) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
(H) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(I) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (j) of Section 12804.
(J) The persons who are exempt from the requirements of
subdivision (b) of Section 12801, pursuant to Section 12807, are also
exempt from performing the safe handling demonstration.
(9) Commencing July 1, 1992, 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 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The 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 Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.

(13) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), all firearms that are in the inventory of the
licensee shall be kept within the licensed location. The licensee
shall report the loss or theft of any firearm that is merchandise of
the licensee, any firearm that the licensee takes possession of
pursuant to Section 12082, or any firearm kept at the licensee's
place of business within 48 hours of discovery to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located.
(14) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), 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:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) 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.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) 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 paragraph
(14).
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
(17) The 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 firearms transaction record.
(18) (A) On the date of receipt, the 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 paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) 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.
(iv) 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.
(v) 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.
(19) The 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.

(20) (A) Firearms dealers may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the department pursuant to paragraph
(4) of subdivision (a). The agent or employee shall provide on the
application, the name and California firearms dealer number of the
firearms dealer with whom he or she 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 the firearms dealer, the agent or employee
shall obtain a certificate of eligibility pursuant to subparagraph
(A).
(D) Nothing in this paragraph shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105 or prohibiting employment based on criminal
history that does not appear as part of obtaining a certificate of
eligibility, provided however, that the local jurisdiction may not
charge a fee for the additional criminal history check.
(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 Section 12021 or 12021.1 of this
code, 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 clause (ii) of subparagraph (G)
of this paragraph.
(F) Nothing in this paragraph 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 section, the following definitions shall
apply:
(i) An "agent" is an employee of the licensee.
(ii) "Secured" means a firearm that is made inoperable in one or
more of the following ways:
(I) The firearm is inoperable because it is secured by a firearms
safety device listed on the department's roster of approved firearms
safety devices pursuant to subdivision (d) of Section 12088 of this
chapter.
(II) The firearm is stored in a locked gun safe or long-gun safe
which meets the standards for department-approved gun safes set forth
in Section 12088.2.
(III) The firearm is stored in a distinct locked room or area in
the building that is used to store firearms that can only be unlocked
by a key, a combination, or similar means.
(IV) 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.
(c) (1) As used in this article, "clear evidence of his or her
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.
(2) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) 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 1/2-inch diameter or metal grating of at least
9 gauge affixed to the exterior or interior of the door.
(iii) 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.
(3) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
(4) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms 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.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she 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.
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) 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.
(e) (1) Except as otherwise provided in this paragraph, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from this
list any person who knowingly or with gross negligence violates this
article. 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.
(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
(3) Information compiled from the list shall be made available,
upon request, for the following purposes only:
(A) For law enforcement purposes.
(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.
(C) 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 Section 12071.1, 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 subparagraph (B) of
paragraph (1) of subdivision (b).
(4) Information provided pursuant to paragraph (3) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
(A) A person licensed pursuant to subparagraphs (A) to (E),
inclusive, of paragraph (1) of subdivision (a).
(B) A person 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 that he or she be licensed pursuant to
subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision
(a).
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. 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 subdivision (e),
including the cost of inspections. 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.
(g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or 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.



12071.1. (a) No person shall produce, promote, sponsor, operate, or
otherwise organize a gun show or event, as specified in subparagraph
(B) of paragraph (1) of subdivision (b) of Section 12071, unless
that person possesses a valid certificate of eligibility from the
Department of Justice. 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 he or she is familiar with the provisions of
this section and Section 12071.4.
(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.
(b) If during that year the information required by paragraph (3)
of subdivision (a) 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.
(c) As used in this section, a "licensed gun show producer" means
a person who has been issued a certificate of eligibility by the
Department of Justice pursuant to subdivision (a). No regulations
shall be required to implement this subdivision.
(d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section
and shall recover the full costs of administering the 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.
(e) (1) A willful failure by a gun show producer to comply with
any of the requirements of this section, 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.
(2) The willful failure of a gun show producer to post signs as
required by this section 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.
(3) Multiple violations charged pursuant to paragraph (1) 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.
(f) Prior to the commencement of a gun show or event, the producer
thereof shall, upon written request, within 48 hours, or a later
time specified by the requesting law enforcement agency, make
available to the requesting law enforcement agency with jurisdiction
over the facility, 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.
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
the requesting law enforcement agency with jurisdiction over the
facility, 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.
This subdivision applies to persons, entities, and organizations
whether or not they participate in the entire gun show or event, or
only a portion thereof.
(g) 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: his or her
complete name, and a driver's license or identification card number.

(h) The producer and facility manager shall prepare an annual
event and security plan and schedule that shall include, at a
minimum, the following:
(1) The type of shows or events 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 shows or events.
(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.
(i) 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. Not later than 15 days prior to the commencement of the
gun show or event, the producer shall 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 if
significant changes have been made since the annual plan was
submitted, 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. The event and
security plan shall be approved by the facility's manager prior to
the event or show after consultation with the law enforcement agency
with jurisdiction over the facility. No gun show or event shall
commence unless the requirements of this subdivision are met.
(j) The producer shall be responsible for informing prospective
gun show vendors of the requirements of this section and of Section
12071.4 that apply to vendors.
(k) The producer shall, within seven calendar days of the
commencement of the show or event, but not later than noon on Friday
for a show or event held on a weekend, 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. 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 prior to the commencement of the show or
event.
(l) If a licensed firearms dealer fails to cooperate with a
producer or fails to comply with the applicable requirements of this
section or Section 12071.4, that person shall not be allowed to
participate in that show or event.
(m) If a producer fails to comply with subdivision (j) or (k), the
gun show or event shall not commence until those requirements are
met.
(n) All producers shall have written contracts with all gun show
vendors selling firearms at the show or event.
(o) The producer 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) All firearms carried onto the premises by members of the
public will be checked, cleared of any ammunition, secured in a
manner that prevents them from being operated, and an identification
tag or sticker will be attached to the firearm prior to the person
being 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 on 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.
(p) 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."
(q) 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 12071 to the maximum extent practicable.



12071.4. (a) This section shall be known, and may be cited as, the
Gun Show Enforcement and Security Act of 2000.
(b) All gun show or event vendors shall certify in writing to the
producer that they:
(1) Will not display, possess, or offer for sale any firearms,
knives, or weapons for which possession or sale is prohibited.
(2) 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.
(3) Will not engage in activities that incite or encourage hate
crimes.
(4) Will process all transfers of firearms through licensed
firearms dealers as required by state law.
(5) 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.
(6) Have complied with the requirements of subdivision (e).
(7) Will not display or possess black powder, or offer it for
sale.
(c) All firearms transfers at the gun show or event shall be in
accordance with applicable state and federal laws.
(d) 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.
(e) Prior to the commencement of a gun show or event, each vendor
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 if firearms
manufactured after December 31, 1898, will be offered for sale:
(1) His or her complete name.
(2) His or her driver's license or state-issued identification
card number.
(3) His or her date of birth.
The producer shall keep the information at the show's or event's
onsite headquarters 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, and shall make the information
available upon request to any sworn peace officer for purposes of the
officer's official law enforcement duties.
(f) Vendors and employees of vendors shall wear name tags
indicating first and last name.
(g) 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.
(h) 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 shall be accompanied by his or her
parent, grandparent, or legal guardian while at the show or event.
(i) 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 (j).
(j) 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.
(k) All persons possessing firearms at the gun show or event shall
have in his or her immediate possession, government-issued photo
identification, and display it upon request, to any security officer,
or any peace officer.
(l) Unless otherwise specified, a first violation of this section
is an infraction. Any second or subsequent violation is a
misdemeanor. Any person who commits an act which he or she knows to
be a violation of this section is guilty of a misdemeanor for a first
offense.


12072. (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of a firearm to
any person within any of the classes prohibited by Section 12021 or
12021.1.
(2) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm to any person whom he or
she has cause to believe to be within any of the classes prohibited
by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of
the Welfare and Institutions Code.
(3) (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) Subparagraph (A) shall not apply to or affect those
circumstances set forth in subdivision (p) of Section 12078.
(4) No person, corporation, or dealer shall sell, loan, or
transfer a firearm to any person whom he or she knows or has cause to
believe is not the actual purchaser or transferee of the firearm, or
to any person who is not the person 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 loaned, sold,
or transferred to avoid the provisions of subdivision (c) or (d).
(B) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the requirements of any exemption to the
provisions of subdivision (c) or (d).
(5) No person, corporation, or dealer shall acquire a firearm for
the purpose of selling, transferring, or loaning the firearm, if the
person, corporation, or dealer has either of the following:
(A) In the case of a dealer, intent to violate subdivision (b) or
(c).
(B) In any other case, intent to avoid either of the following:
(i) The provisions of subdivision (d).
(ii) The requirements of any exemption to the provisions of
subdivision (d).
(6) The dealer shall comply with the provisions of paragraph (18)
of subdivision (b) of Section 12071.
(7) The dealer shall comply with the provisions of paragraph (19)
of subdivision (b) of Section 12071.
(8) No person shall sell or otherwise transfer his or her
ownership in a pistol, revolver, or other firearm capable of being
concealed upon the person 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 12092.
(9) (A) 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.
(B) Subparagraph (A) shall not apply to any of the following:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.

(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in
California.
(v) 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 his or her employment as a
peace officer.
(vi) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its nature
involves the use of a firearm.
(vii) Any person who may, pursuant to Section 12078, claim an
exemption from the waiting period set forth in subdivision (c) of
this section.
(viii) Any transaction conducted through a licensed firearms
dealer pursuant to Section 12082.
(ix) 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 who has a
current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Section 12071.
(x) The exchange of a pistol, revolver, or other firearm capable
of being concealed upon the person 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.
(xi) The replacement of a pistol, revolver, or other firearm
capable of being concealed upon the person when the person's pistol,
revolver, or other firearm capable of being concealed upon the person
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 he or she resides.
(xii) The return of any pistol, revolver, or other firearm capable
of being concealed upon the person to its owner.
(b) No person licensed under Section 12071 shall supply, sell,
deliver, or give possession or control of a pistol, revolver, or
firearm capable of being concealed upon the person to any person
under the age of 21 years or any other firearm to a person under the
age of 18 years.
(c) No dealer, whether or not acting pursuant to Section 12082,
shall deliver a firearm to a person, as follows:
(1) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, 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 subdivision (e) of
Section 12076, whichever is later.
(2) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(3) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age, as
defined in Section 12071, to the dealer.
(4) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(5) (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 handgun shall be delivered
unless the purchaser, transferee, or person being loaned the handgun
presents a handgun safety certificate to the dealer.
(6) No pistol, revolver, or other firearm capable of being
concealed upon the person 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 pistol, revolver, or other firearm capable of being concealed upon
the person and that the previous application to purchase involved
none of the entities specified in subparagraph (B) of paragraph (9)
of subdivision (a).
(d) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer pursuant to Section 12082.

(e) No person may commit an act of collusion relating to Article 8
(commencing with Section 12800) of Chapter 6. For purposes of this
section and Section 12071, 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.
(f) (1) (A) 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 deliver, sell, 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 deliver, sell, or
transfer the firearm obtains a verification number via the Internet
for the intended delivery, sale, or transfer, from the department. 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. This subdivision shall not apply to the
delivery, sale, or transfer of a short-barreled rifle, or
short-barreled shotgun, as defined in Section 12020, or to a
machinegun as defined in Section 12200, or to an assault weapon as
defined in Sections 12276, 12276.1, and 12276.5.
(B) For every identification 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
this section, or the centralized list of exempted federal firearms
licensees pursuant to subdivision (a) of Section 12083, or the
centralized list of firearms manufacturers pursuant to subdivision
(f) of Section 12086.
(C) If the department finds that the intended recipient is on one
of these lists, the department shall issue to the inquiring party, a
unique identification number for the intended delivery, sale, or
transfer. 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. The person intending to deliver, sell, 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 that the intended recipient is not on
one of these lists, the department shall notify the inquiring party
that the intended recipient is ineligible to receive the firearm.
(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.
(2) (A) On or after January 1, 1998, within 60 days of bringing a
pistol, revolver, or other firearm capable of being concealed upon
the person into this state, a personal handgun importer shall do one
of the following:
(i) 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.
(ii) Sell or transfer the firearm in accordance with the
provisions of subdivision (d) or in accordance with the provisions of
an exemption from subdivision (d).
(iii) Sell or transfer the firearm to a dealer licensed pursuant
to Section 12071.
(iv) Sell or transfer the firearm to a sheriff or police
department.
(B) If the personal handgun importer sells or transfers the
pistol, revolver, or other firearm capable of being concealed upon
the person pursuant to subdivision (d) of Section 12072 and the sale
or transfer cannot be completed by the dealer to the purchaser or
transferee, and the firearm can be returned to the personal handgun
importer, the personal handgun importer shall have complied with the
provisions of this paragraph.
(C) The provisions of this paragraph 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 the Penal Code shall not be
punished under more than one provision.
(D) (i) On and after January 1, 1998, the department shall conduct
a public education and notification program regarding this paragraph
to ensure a high degree of publicity of the provisions of this
paragraph.
(ii) As part of the public education and notification program
described in this subparagraph, the department shall do all of the
following:
(I) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this paragraph is advised of
the provisions of this paragraph, and provided with blank copies of
the report described in clause (i) of subparagraph (A) at the time
that person applies for a California driver's license or registers
his or her motor vehicle in accordance with the Vehicle Code.
(II) Make the reports referred to in clause (i) of subparagraph
(A) available to dealers licensed pursuant to Section 12071.
(III) Make the reports referred to in clause (i) of subparagraph
(A) available to law enforcement agencies.
(IV) Make persons subject to the provisions of this paragraph
aware of the fact that reports referred to in clause (i) of
subparagraph (A) may be completed at either the licensed premises of
dealers licensed pursuant to Section 12071 or at law enforcement
agencies, that it is advisable to do so for the sake of accuracy and
completeness of the reports, that prior to transporting a pistol,
revolver, or other firearm capable of being concealed upon the person
to a law enforcement agency in order to comply with subparagraph
(A), the person should give prior notice to the law enforcement
agency that he or she is doing so, and that in any event, the pistol,
revolver, or other firearm capable of being concealed upon the
person should be transported unloaded and in a locked container.
(iii) Any costs incurred by the department to implement this
paragraph 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 this subparagraph pursuant to Section
12076.
(3) Where 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, whose
licensed premises are within this state, acquires a pistol, revolver,
or other firearm capable of being concealed upon the person that is
a curio or relic, as defined in Section 478.11 of Title 27 of the
Code of Federal Regulations, outside of this state, 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 that
firearm into this state, within five days of that licensed collector
transporting that firearm into this state, he or she shall report to
the department in a format prescribed by the department his or her
acquisition of that firearm.
(4) (A) It is the intent of the Legislature that a violation of
paragraph (2) or (3) shall not constitute a "continuing offense" and
the statute of limitations for commencing a prosecution for a
violation of paragraph (2) or (3) commences on the date that the
applicable grace period specified in paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a person who reports
his or her ownership of a pistol, revolver, or other firearm capable
of being concealed upon the person after the applicable grace period
specified in paragraph (2) or (3) expires if evidence of that
violation arises only as the result of the person submitting the
report described in paragraph (2) or (3).
(g) (1) Except as provided in paragraph (2), (3), or (5), a
violation of this section is a misdemeanor.
(2) If any of the following circumstances apply, a violation of
this section is punishable by imprisonment in the state prison for
two, three, or four years.
(A) If the violation is of paragraph (1) of subdivision (a).
(B) If the defendant has a prior conviction of violating the
provisions, other than paragraph (9) of subdivision (a), of this
section or former Section 12100 of this code or Section 8101 of the
Welfare and Institutions Code.
(C) If the defendant has a prior conviction of violating any
offense specified in subdivision (b) of Section 12021.1 or of a
violation of Section 12020, 12220, or 12520, or of former Section
12560.
(D) If the defendant is in a prohibited class described in Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(E) A violation of this section by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(F) A violation of subdivision (b) involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.

(3) If any of the following circumstances apply, a violation of
this section 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.
(A) A violation of paragraph (2), (4), or (5) of subdivision (a).

(B) A violation of paragraph (3) of subdivision (a) involving the
sale, loan, or transfer of a pistol, revolver, or other firearm
capable of being concealed upon the person to a minor.
(C) A violation of subdivision (b) involving the delivery of a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(D) A violation of paragraph (1), (3), (4), (5), or (6) of
subdivision (c) involving a pistol, revolver, or other firearm
capable of being concealed upon the person.
(E) A violation of subdivision (d) involving a pistol, revolver,
or other firearm capable of being concealed upon the person.
(F) A violation of subdivision (e).
(4) 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.
(A) A violation of paragraph (2) of subdivision (a) or subdivision
(b).
(B) The firearm transferred in violation of paragraph (2) of
subdivision (a) or subdivision (b) is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.
(5) (A) A first violation of paragraph (9) of subdivision (a) is
an infraction punishable by a fine of fifty dollars ($50).
(B) A second violation of paragraph (9) of subdivision (a) is an
infraction punishable by a fine of one hundred dollars ($100).
(C) A third or subsequent violation of paragraph (9) of
subdivision (a) is a misdemeanor.
(D) For purposes of this paragraph each application to purchase a
pistol, revolver, or other firearm capable of being concealed upon
the person in violation of paragraph (9) of subdivision (a) shall be
deemed a separate offense.


12072.5. (a) For purposes of this section, "ballistics
identification systems" 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.
(b) 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 data base
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.
(c) In evaluating ballistics identification systems to determine
the feasibility of utilizing a statewide system as required pursuant
to subdivision (b), 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 data base 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.
(d) 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 data base is feasible and would benefit law
enforcement, the report shall also recommend a strategy for
implementation.



12073. (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 Section
12077.
(b) This section shall not apply to any of the following
transactions:
(1) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to another dealer upon proof of compliance
with the requirements of paragraph (1) of subdivision (f) of Section
12072.
(2) The delivery, sale, or transfer of an unloaded firearm by a
dealer to another dealer if that firearm is intended as merchandise
in the receiving dealer's business upon proof of compliance with the
requirements of paragraph (1) of subdivision (f) of Section 12072.
(3) The delivery, sale, 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.
(4) The delivery, sale, or transfer of an unloaded firearm by a
dealer who sells, transfers, or delivers the firearm to 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 delivery, sale, 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 delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to himself or herself.
(7) 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.
(8) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
(9) 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.
(10) The loan of an unloaded firearm by a dealer to a person who
possesses a valid entertainment firearms permit issued pursuant to
Section 12081, for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
(11) 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.
(c) A violation of this section is a misdemeanor.




12074. (a) The register shall be prepared by and obtained from the
State Printer and shall be furnished by the State Printer only to
dealers on application at a cost to be determined by the Department
of General Services for each 100 leaves in quadruplicate, one
original and three duplicates for the making of carbon copies. The
original and duplicate copies shall differ in color, and shall be in
the form provided by this article.
(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.



12075. The State Printer upon issuing a register shall forward to
the Department of Justice the name and business address of the dealer
together with the series and sheet numbers of the register. The
register shall not be transferable. If the dealer moves his business
to a different location he shall notify the department of such fact
in writing within 48 hours.



12076. (a) (1) Before January 1, 1998, the Department of Justice
shall determine the method by which a dealer shall submit firearm
purchaser information to the department and the information shall be
in one of the following formats:
(A) Submission of the register described in Section 12077.
(B) Electronic or telephonic transfer of the information contained
in the register described in Section 12077.
(2) 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.
(3) 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.
(b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current legal name and
affix his or her residence address and date of birth to the register
in quadruplicate. The salesperson shall affix his or her signature to
the register in quadruplicate as a witness to the signature and
identification of the purchaser. 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
register and any person violating any provision of this section is
guilty of a misdemeanor, provided however, that any person who is
prohibited from obtaining a firearm pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code who knowingly furnishes a fictitious name or
address or knowingly furnishes any incorrect information or knowingly
omits any information required to be provided for the register 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.
(2) The original of the register shall be retained by the dealer
in consecutive order. Each book of 50 originals shall become the
permanent register of transactions that shall be retained for not
less than three years from the date of the last transaction and shall
be available for the inspection of any peace officer, Department of
Justice employee designated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, Firearms, and Explosives upon the
presentation of proper identification, but 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.
(3) Two copies of the original sheet of the register, on the date
of the application to purchase, shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice in
Sacramento.
(4) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
(5) If the transaction is a private party transfer conducted
pursuant to Section 12082, 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 paragraph (1) of subdivision (b) and paragraph
(1) of subdivision (c) of Section 12077, from the seller's copy, and
the seller's personal information from the purchaser's copy.
(c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071, to the dealer, and the dealer shall require him or her to sign
his or her current legal name to the record of electronic or
telephonic transfer. The salesperson shall affix his or her signature
to the record of electronic or telephonic transfer as a witness to
the signature and identification of the purchaser. 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 electronic or telephonic transfer and any
person violating any provision of this section is guilty of a
misdemeanor, provided however, that any person who is prohibited from
obtaining a firearm pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code
who knowingly furnishes a fictitious name or address or knowingly
furnishes any incorrect information or knowingly omits any
information required to be provided for the register 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.
(2) The record of applicant information shall be transmitted to
the Department of Justice in Sacramento by electronic or telephonic
transfer on the date of the application to purchase.
(3) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order. Each
original shall become the permanent record of the transaction that
shall be retained for not less than three years from the date of the
last transaction and shall be provided for the inspection of any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms, and Explosives upon the presentation of proper
identification, but 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.
(4) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
(5) If the transaction is a private party transfer conducted
pursuant to Section 12082, 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
paragraph (1) of subdivision (b) and paragraph (1) of subdivision (c)
of Section 12077, from the seller's copy, and the seller's personal
information from the purchaser's copy.
(d) (1) The department 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 Section 12021, 12021.1, or subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
(2) 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.
(3) If the department determines that the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of paragraph
(9) of subdivision (a) of Section 12072 of this code or Section 8100
or 8103 of the Welfare and Institutions Code, 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.
(4) If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) 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
subdivision (e) 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 subdivision (e), 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 12071 and 12072.
(5) If the department determines that the information transmitted
to it pursuant to subdivision (c) 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
subdivision (e) 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 subdivision (e), 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 12071 and 12072.
(e) 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 California Department of Industrial Relations. The
fee shall be no more than is necessary to fund the following:
(1) (A) The department for the cost of furnishing this
information.
(B) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
(2) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
(3) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
(4) 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.
(5) 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.
(6) 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.
(7) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
(8) 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.
(9) The department for the costs associated with subparagraph (D)
of paragraph (2) of subdivision (f) of Section 12072.
(10) 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 this chapter.
The fee established pursuant to this subdivision 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 (2) of
this subdivision, the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (3) of this
subdivision, the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (4) of this subdivision,
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 (6) of
this subdivision, 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 subparagraph (D) of paragraph (2) of subdivision (f)
of Section 12072, 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 this
chapter.
(f) (1) 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 California Department of Industrial
Relations:
(A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078.
(B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
(C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision
(l) of Section 12078 or paragraph (18) of subdivision (b) of Section
12071, or clause (i) of subparagraph (A) of paragraph (2) of
subdivision (f) of Section 12072, or paragraph (3) of subdivision (f)
of Section 12072.
(D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
(2) If the department charges a fee pursuant to subparagraph (B)
of paragraph (1) of this subdivision, it shall be charged in the same
amount to all categories of transaction that are within that
subparagraph.
(3) Any costs incurred by the Department of Justice to implement
this subdivision shall be reimbursed from fees collected and charged
pursuant to this subdivision. No fees shall be charged to the dealer
pursuant to subdivision (e) for implementing this subdivision.
(g) All money received by the department pursuant to this section
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 this section, paragraph (1)
and subparagraph (D) of paragraph (2) of subdivision (f) of Section
12072, Sections 12083 and 12099, subdivision (c) of Section 12131,
Sections 12234, 12289, and 12289.5, and subdivisions (f) and (g) of
Section 12305.
(h) 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 subdivision (e) to
the department.
(i) (1) Only one fee shall be charged pursuant to this section 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.
(2) 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 section for the second and
subsequent firearms that are part of that transaction.
(j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of subdivision (b)
of Section 12071 or subdivision (c) or (i) of Section 12078.
(k) Whenever the Department of Justice acts pursuant to this
section 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.
(l) As used in this section, the following definitions apply:
(1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.

(3) "Sale" means the sale, loan, or transfer of a firearm.
(4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.



12076.5. (a) The Firearms Safety and Enforcement Special Fund is
hereby established in the State Treasury and shall be administered by
the Department of Justice. 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 8
(commencing with Section 12800), as added by the Statutes of 2001,
enforcing the provisions of this title, and for the establishment,
maintenance and upgrading of equipment and services necessary for
firearms dealers to comply with Section 12077.
(b) 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.



12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's ***, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, 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, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her 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.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's ***, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, 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, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her 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.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) 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.
(3) 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 subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
(e) 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.
(f) 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. This requirement
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.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) As used in this section, the following definitions shall
control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.

(3) "Sale" means the sale, loan, or transfer of a firearm.



12077.5. (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 subdivision (c) of Section 12077 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. 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 a person described in Section 12021 or 12021.1 of
this code, or Section 8100 or 8103 of the Welfare and Institutions
Code.
(2) Notify the applicant by mail of its determination of whether
the applicant is a person described in Section 12021 or 12021.1 of
this code, or Section 8100 or 8103 of the Welfare and Institutions
Code. 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."
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (c) 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 12077.5 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."


12078. (a) (1) The waiting periods described in Sections 12071 and
12072 shall not apply to the deliveries, transfers, or sales of
firearms made to persons properly identified as full-time paid peace
officers as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, provided that the peace officers are authorized by
their employer to carry firearms while in the performance of their
duties. 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 his or her duties, and authorizing the purchase or
transfer. 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. The dealer shall keep the certification with the
record of sale. On the date that the delivery, sale, 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 subdivision (b) or (c) of Section
12077.
(2) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to deliveries, transfers, or sales of
firearms made to authorized law enforcement representatives of
cities, counties, cities and counties, or state or federal
governments for exclusive use by those governmental agencies if,
prior to the delivery, transfer, or sale 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. 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 he or
she is employed. 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. Those agencies 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.
(3) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the loan of a firearm made by an
authorized law enforcement representative of a city, county, or city
and county, or the state or federal government to a peace officer
employed by that agency and authorized to carry a firearm for the
carrying and use of that firearm by that peace officer in the course
and scope of his or her duties.
(4) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the delivery, sale, or transfer of a
firearm by a law enforcement agency to a peace officer pursuant to
Section 10334 of the Public Contract Code. 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, transferred,
or delivered 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,
transferred, or delivered the firearm. Those agencies 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.
(5) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the delivery, sale, or transfer of a
firearm by a law enforcement agency to a retiring peace officer who
is authorized to carry a firearm pursuant to Section 12027.1. 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, transferred, or delivered 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, transferred, or delivered the firearm.
Those agencies 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.
(6) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 do not apply to sales, deliveries, or transfers of
firearms to authorized representatives of cities, cities and
counties, counties, or state or federal governments for those
governmental agencies where the entity is acquiring the weapon as
part of an authorized, voluntary program where the entity is buying
or receiving weapons from private individuals. Any weapons acquired
pursuant to this paragraph shall be disposed of pursuant to the
applicable provisions of Section 12028 or 12032.
(7) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, loan, delivery, or
transfer of a firearm made by an authorized law enforcement
representative of a city, county, city and county, state, or 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 Section 12028, 12028.5, 12030,
or 12032.
(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 of this
article and, if applicable, Section 12801.
(F) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, the name of the government
entity delivering the firearm, and the make, model, serial number,
and other identifying characteristics of the firearm and the name of
the person authorized by the entity to take possession of the firearm
shall be reported to the department in a manner prescribed by the
department.
(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.
(8) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, loan, delivery, 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 of this article and, if applicable, Section
12801.
(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 public or
private historical society, museum or institutional collection within
30 days of taking possession of that handgun, shall forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, that
includes information identifying the person representing that public
or private historical society, museum, or institutional collection,
how title was obtained and from whom, and a description of the
firearm in question, along with a copy of the written statement
referred to in subparagraph (D). The report forms that are to be
completed pursuant to this paragraph shall be provided by the
Department of Justice.
(F) 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.
(b) (1) Section 12071, subdivisions (c) and (d) of Section 12072,
and subdivision (b) of Section 12801 shall not apply to deliveries,
sales, 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.
(2) Subdivision (b) of Section 12801 shall not apply to the
delivery, sale, or transfer of a handgun to a person licensed
pursuant to Section 12071, where the licensee is receiving the
handgun in the course and scope of his or her activities as a person
licensed pursuant to Section 12071.
(c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.

(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, 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 paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual being loaned the handgun has a valid
handgun safety certificate.
(2) Subdivision (d) of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of a firearm where 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 from
owning or possessing a firearm pursuant to Section 12021 or 12021.1
of this code, or by Section 8100 or 8103 of the Welfare and
Institutions Code.
(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.
(e) Section 12071, subdivisions (c) and (d) of Section 12072, and
subdivision (b) of Section 12801 shall 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.
(f) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, delivery, or transfer of
firearms by persons who reside in this state to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if 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.
(g) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale or transfer of a firearm, other than a handgun, at
auctions or similar events conducted by nonprofit mutual or public
benefit corporations organized pursuant to the Corporations Code.
As used in this paragraph, 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 this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(2) Subdivision (d) of Section 12072 shall not apply to the
transfer of a firearm other than a handgun, if the firearm is donated
for an auction or similar event described in paragraph (1) and the
firearm is delivered to the nonprofit corporation immediately
preceding, or contemporaneous with, the auction or similar event.
(3) The waiting period described in Sections 12071 and 12072 shall
not apply to a dealer who delivers a firearm other than a handgun at
an auction or similar event described in paragraph (1), as
authorized by subparagraph (C) of paragraph (1) of subdivision (b) of
Section 12071. 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 same as is indicated in
subdivision (c) of Section 12077. 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 same as is indicated in subdivision (c)
of Section 12077.
(h) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall 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.
(i) (1) Subdivision (d) of Section 12072 shall not apply to a
person who takes title or possession of a firearm that is not a
handgun by operation of law if the person is not prohibited by
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code from possessing firearms.
(2) Subdivision (d) of Section 12072 shall not apply to a person
who takes title or possession of a handgun by operation of law if the
person is not prohibited by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms 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 680.210 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subparagraph (G), (I), or (J) of paragraph (2) of
subdivision (u), 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. The reports that individuals complete pursuant to this
paragraph shall be provided to them by the department.
(B) If the person taking title or possession is receiving the
firearm pursuant to subparagraph (G) of paragraph (2) of subdivision
(u), the person shall do both of the following:
(i) 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. The reports that individuals complete pursuant
to this paragraph shall be provided to them by the department.
(ii) 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 subparagraph (I) of paragraph (2) of
subdivision (u), 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. Those agencies 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 subparagraph (J) of paragraph (2) of
subdivision (u), 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. Those agencies
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 subparagraph unless,
prior to the delivery of the same, the person presents proof to the
agency that he or she is the holder of a handgun safety certificate.

(3) Subdivision (d) of Section 12072 shall 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 his or her individual capacity. 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.
(j) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to deliveries, transfers, or returns of
firearms made pursuant to Section 12021.3, 12028, 12028.5, or 12030.

(k) Section 12071, subdivision (c) of Section 12072, and
subdivision (b) of Section 12801 shall not apply to any of the
following:
(1) The delivery, sale, or transfer of unloaded firearms that are
not handguns by a dealer to another dealer upon proof of compliance
with the requirements of paragraph (1) of subdivision (f) of Section
12072.
(2) The delivery, sale, or transfer of unloaded firearms by
dealers to persons who reside outside this state who are licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(3) The delivery, sale, 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.
(4) The delivery, sale, or transfer of unloaded firearms by one
dealer to another dealer if the firearms are intended as merchandise
in the receiving dealer's business upon proof of compliance with the
requirements of paragraph (1) of subdivision (f) of Section 12072.
(5) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to himself or herself.
(6) 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.
(l) A person who is exempt from subdivision (d) of Section 12072
or is otherwise not required by law to report his or her acquisition,
ownership, or disposal of a handgun or who moves out of this state
with his or her handgun may submit a report of the same to the
Department of Justice in a format prescribed by the department.
(m) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the delivery, sale, or transfer of
unloaded firearms to a wholesaler as merchandise in the wholesaler's
business by manufacturers or importers 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 delivery, sale, or
transfer is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(n) (1) The waiting period described in Section 12071 or 12072
shall not apply to the delivery, sale, or transfer of a handgun by a
dealer in either of the following situations:
(A) The dealer is delivering the firearm to another dealer and it
is not intended as merchandise in the receiving dealer's business.
(B) The dealer is delivering the firearm to himself or herself and
it is not intended as merchandise in his or her business.
(2) In order for this subdivision to apply, both of the following
shall occur:
(A) 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 he or she is licensed pursuant to Section
12071 by complying with paragraph (1) of subdivision (f) of Section
12072.
(B) Whether the dealer is delivering, selling, or transferring the
firearm to himself or herself or to another dealer, 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 same and the type of information concerning the
purchaser or transferee as is indicated in subdivision (b) of Section
12077. Where the 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 same and the type of
information concerning the purchaser or transferee as is indicated in
subdivision (b) of Section 12077.
(o) Section 12071 and subdivisions (c), (d), and paragraph (1) of
subdivision (f) of Section 12072 shall not apply to the delivery,
sale, or transfer of firearms regulated pursuant to Section 12020,
Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing
with Section 12275), if the delivery, sale, or transfer is conducted
in accordance with the applicable provisions of Section 12020,
Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing
with Section 12275).
(p) (1) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of a firearm that is not a
handgun to a minor, with the express permission of the parent or
legal guardian of the minor, if the loan does not exceed 30 days in
duration and is for a lawful purpose.
(2) Paragraph (3) of subdivision (a) of Section 12072, subdivision
(d) of Section 12072, and subdivision (b) of Section 12801 shall not
apply to the loan of a handgun to a minor by a person who is not the
parent or legal guardian of the minor if all of the following
circumstances exist:
(A) The minor has the written consent of his or her parent or
legal guardian that is presented at the time of, or prior to the time
of, the loan, or is accompanied by his or her parent or legal
guardian at the time the loan is made.
(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.

(3) Paragraph (3) of subdivision
(a), and subdivision (d), of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of a handgun to a minor by
his or her parent or legal guardian if both of the following
circumstances exist:
(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.
(4) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072 shall not apply to the transfer or loan of a firearm
that is not a handgun to a minor by his or her parent or legal
guardian.
(5) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072 shall not apply to the transfer or loan of a firearm
that is not a handgun to a minor by his or her grandparent who is not
the legal guardian of the minor if the transfer is done with the
express permission of the parent or legal guardian of the minor.
(6) Subparagraph (A) of paragraph (3) of subdivision (a) of
Section 12072 shall not apply to the sale of a handgun if both of the
following requirements are satisfied:
(A) The sale is to a person who is at least 18 years of age.
(B) The firearm is an antique firearm as defined in paragraph (16)
of subsection (a) of Section 921 of Title 18 of the United States
Code.
(q) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm that is not a handgun to a licensed hunter for use by
that licensed hunter for a period of time not to exceed the duration
of the hunting season for which that firearm is to be used.
(r) The waiting period described in Section 12071 or 12072 shall
not apply to the delivery, sale, or transfer of a firearm to the
holder of a special weapons permit issued by the Department of
Justice issued pursuant to Section 12095, 12230, 12250, or 12305. 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 same as is indicated in
subdivision (b) or (c) of Section 12077.
(s) (1) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the infrequent loan of an unloaded
firearm by a person who is neither a dealer as defined in Section
12071 nor a federal firearms licensee pursuant to Chapter 44 of Title
18 of the United States Code, to a person 18 years of age or older
for use solely as a prop in a motion picture, television, video,
theatrical, or other entertainment production or event.
(2) Subdivision (d), and paragraph (1) of subdivision (f), of
Section 12072, and subdivision (b) of Section 12801 shall not apply
to the loan of an unloaded firearm by a person who is not a dealer as
defined in Section 12071 but who is a federal firearms licensee
pursuant to Chapter 44 of Title 18 of the United States Code, to a
person who possesses a valid entertainment firearms permit issued
pursuant to Section 12081, for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event. The person loaning the firearm pursuant to this
paragraph shall retain a photocopy of the entertainment firearms
permit as proof of compliance with this requirement.
(3) Subdivision (b) of Section 12071, subdivision (c) of, and
paragraph (1) of subdivision (f) of, Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan of an unloaded
firearm by a dealer as defined in Section 12071, to a person who
possesses a valid entertainment firearms permit issued pursuant to
Section 12081, for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event. The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
(4) Subdivision (b) of Section 12071, subdivision (c) and
paragraph (1) of subdivision (f) of Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan of an unloaded
firearm to a consultant-evaluator by a person licensed pursuant to
Section 12071 if the loan does not exceed 45 days from the date of
delivery. At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
(A) 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.
(B) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
(C) 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.
(D) 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.
(t) (1) The waiting period described in Section 12071 or 12072
shall not apply to the sale, delivery, loan, or transfer of a firearm
that is a curio or relic, as defined in Section 478.11 of Title 27
of the Code of Federal Regulations, or its successor, by a dealer 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 who has a current
certificate of eligibility issued to him or her by the Department of
Justice pursuant to Section 12071. On the date that the delivery,
sale, 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 subdivision (b) or (c)
of Section 12077.
(2) Subdivision (d) and paragraph (1) of subdivision (f) of
Section 12072 shall not apply to the infrequent sale, loan, or
transfer of a firearm that is not a handgun, which is a curio or
relic manufactured at least 50 years prior to the current date, but
not including replicas thereof, as defined in Section 478.11 of Title
27 of the Code of Federal Regulations, or its successor.
(u) As used in this section:
(1) "Infrequent" has the same meaning as in paragraph (1) of
subdivision (c) of Section 12070.
(2) "A person taking title or possession of firearms by operation
of law" includes, but is not limited to, any of the following
instances wherein an individual receives title to, or possession of,
firearms:
(A) The executor or administrator of an estate if the estate
includes firearms.
(B) A secured creditor 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.
(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 his or her functions as a receiver if
the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties if the
bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property consisting of firearms pursuant to
Section 850 of the Family Code.
(H) Firearms passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
(I) Firearms 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.




12079. (a) 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 Section 12071 and an
out-of-state client, of large capacity magazines.
(b) For purposes of this section, "large capacity magazine" shall
have the same meaning as that set forth in paragraph (25) of
subdivision (c) of Section 12020.



12080. (a) The Department of Justice shall prepare a pamphlet which
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 Section 12071 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. 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.
(d) 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.



12081. (a) Any person who is at least 21 years of age may apply for
an entertainment firearms permit from the Department of Justice that
authorizes the permitholder to possess firearms loaned to him or her
for use solely as a prop in a motion picture, television, video,
theatrical, or other entertainment production or event. Upon receipt
of an initial or renewal application submitted as specified in
subdivision (b), 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. 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.

(b) (1) 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:
(A) Complete name.
(B) Residential and mailing address.
(C) Telephone number.
(D) Date of birth.
(E) Place of birth.
(F) Country of citizenship and, if other than United States, alien
number or admission number.
(G) Valid driver's license number or valid identification card
number issued by the California Department of Motor Vehicles.
(H) Social security number.
(I) Signature.
(2) All applications must be submitted with the appropriate fee as
specified in subdivision (c).
(3) 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 his or her 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 section shall
be forwarded by the department to the Federal Bureau of
Investigation.
(4) The Department of Justice shall review the criminal offender
record information specified in subdivision ( l) of Section 11105 for
entertainment firearms permit applicants.
(5) The Department of Justice shall review subsequent arrests,
pursuant to Section 11105.2, to determine the continuing validity of
the permit as specified in subdivision (d) for all entertainment
firearms permitholders.
(6) 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 this application is guilty of
a misdemeanor.
(c) The Department of Justice shall recover the full costs of
administering the 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.
(d) The implementation of subdivisions (a), (b), and (c) 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).
(e) The department shall annually review and shall adjust the fees
specified in subdivision (c), if necessary, to fully fund, but not
to exceed the actual costs of, the permit program provided for by
this section, including enforcement of the program.
(f) An entertainment firearms permit issued by the Department of
Justice shall be valid for one year from the date of issuance. If at
any time during that year the permitholder becomes prohibited from
possessing or receiving firearms pursuant to any federal, state, or
local law, his or her entertainment firearms permit shall be no
longer valid.


12082. (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision (d)
of Section 12072. The seller or transferor or the person loaning the
firearm shall deliver the firearm to the dealer who shall retain
possession of that firearm. 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 subdivision (c)
of Section 12072. 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 12071 and 12072, 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 subdivision (a) of Section 12072. 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 12028 and 12032. 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, and no other fee
may be charged by the dealer for a sale, loan, or transfer of a
firearm conducted pursuant to this section, except for the applicable
fee that the Department of Justice may charge pursuant to Section
12076. Nothing in these provisions shall prevent a dealer from
charging a smaller fee. The fee that the department may charge is the
fee that would be applicable pursuant to Section 12076, if the
dealer was selling, transferring, or delivering a firearm to a
purchaser or transferee or a person being loaned a firearm, without
any other parties being involved in the transaction.
(b) The Attorney General shall adopt regulations under this
section to do all of the following:
(1) 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 comply with the
requirements of this section and Sections 12071, 12072, 12076, and
12077 and to preserve the confidentiality of those records.
(2) 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 clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (f) of Section 12072, 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 his or her ownership can be maintained in the registry
provided by subdivision (c) of Section 11106.
(3) Ensure that the register or record of electronic transfer
shall state the name and address of the seller or transferor of the
firearm or the person loaning the firearm and whether or not the
person is a personal handgun importer in addition to any other
information required by Section 12077.
(c) 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.
(d) A violation of this section by a dealer is a misdemeanor.




12083. (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, pawnbroker,
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 12070. The
list shall be known as the centralized list of exempted federal
firearms licensees. 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, pawnbroker, importer, or manufacturer of firearms.

(2) Maintain eligibility under California law to possess firearms
by possessing a current, valid certificate of eligibility pursuant to
Section 12071.
(3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 12070. Any person furnishing a fictitious name, knowingly
furnishing any incorrect information, or knowingly omitting any
information for the declaration shall be guilty of a misdemeanor.
(b) 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 subdivision (a), conducting inspections in
accordance with this section, and for the cost of maintaining the
firearm shipment verification number system described in subdivision
(f) of Section 12072. 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. The
fees collected shall be deposited in the Dealers' Record of Sale
Special Account.
(c) (1) Any person licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code as a dealer,
pawnbroker, 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 12071, or the centralized list of
exempted federal firearms licensees pursuant to subdivision (a), or
the centralized list of firearms manufacturers pursuant to
subdivision (f) of Section 12086.
(2) A violation of this subdivision is a misdemeanor.
(d) (1) All persons on the centralized list of exempted federal
firearms licensees prescribed by subdivision (a) shall record and
keep on file for three years, the verification number that shall
accompany firearms received from other federal firearms licensees
pursuant to subdivision (f) of Section 12072.
(2) A violation of this subdivision is cause for immediate removal
from the centralized list.
(e) Information compiled from the list described in subdivision
(a) shall be made available for the following purposes:
(1) Requests from local, state, and federal law enforcing agencies
and the duly constituted city, county, and city and county licensing
authorities.
(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.
(f) The department may conduct onsite inspections at the business
premises of a person on the centralized list described in subdivision
(a) to determine compliance with firearms laws pursuant to Article 4
(commencing with Section 12070) of Chapter 1 of Title 2 of Part 4 of
the Penal Code. 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. 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 subdivision (f) of
Section 12072.
(3) Any other records requested by the department to determine
compliance with this article.
(g) The department may remove from the centralized list described
in subdivision (a), any person who violates this article.
(h) The department may adopt regulations as necessary to carry out
the provisions of this section, subdivision (f) of Section 12072,
and Section 12071. 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.




12085. (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
Section 12086.
(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 Section 12086 ceases operations, then the records
required pursuant to paragraphs (6) and (10) of subdivision (c) of
Section 12086 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.
(e) (1) As used in this section and Section 12086, the term
"firearm" includes the frame or receiver of the weapon.
(2) As used in this section and Section 12086, the term "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.
(3) For purposes of this section and Section 12086, the term
"firearm" does not include an unloaded firearm that is defined as an
"antique firearm" in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code.



12086. (a) (1) As used in this section, "licensee" means a person,
firm, or corporation that satisfies both of the following:
(A) Has a license issued pursuant to paragraph (2) of subdivision
(b).
(B) Is among those recorded in the centralized list specified in
subdivision (f).
(2) As used in this section, "department" means the Department of
Justice.
(b) (1) The Department of Justice shall accept applications for,
and shall grant licenses permitting, the manufacture of firearms
within this state. The department shall inform applicants who are
denied licenses of the reasons for the denial in writing.
(2) No license shall be granted by the department unless and until
the applicant presents proof that he or she has all of the
following:
(A) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit or resale certificate issued by the
State Board of Equalization, if applicable.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4) of subdivision (a) of Section
12071.
(3) The department shall adopt regulations to administer this
section and Section 12085 and 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. 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 section and Section 12085, whichever is less.
(4) 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.
(c) A licensee shall comply with the following prohibitions and
requirements:
(1) The business shall be conducted only in the buildings
designated in the license.
(2) The license or a copy thereof, certified by the department,
shall be displayed on the premises where it can easily be seen.
(3) 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:
(A) The Department of Justice, in a manner prescribed by the
department.
(B) The federal Bureau of Alcohol, Tobacco, and Firearms.
(C) The police department in the city or city and county where the
building designated in the license is located.
(D) 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.
(4) (A) The licensee shall require that each employee obtain a
certificate of eligibility pursuant to paragraph (4) of subdivision
(a) of Section 12071, which shall be renewed annually, prior to being
allowed to come into contact with any firearm.
(B) The licensee shall prohibit any employee who the licensee
knows or reasonably should know is within a class of persons
prohibited from possessing firearms pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code, from coming into contact with any firearm.
(5) (A) Each firearm the 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 receiver or frame is
manufactured.
(D) The licensee shall not use the same serial number for more
than one firearm.
(6) (A) The 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
subparagraph (A).
(C) Backup copies of the records described in subparagraph (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.
(7) (A) The licensee shall allow the department to inspect the
building designated in the license to ensure compliance with the
requirements of this section.
(B) The 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 section.
(8) The licensee shall store in a secure facility all firearms
manufactured and all barrels for firearms manufactured.
(9) (A) The 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.
(10) For at least 10 years, the licensee shall maintain records of
all firearms that are lost or stolen, as prescribed by the
department.
(d) Except as otherwise provided in subdivision (e), as used in
this section, a "secure facility" means that the facility satisfies
all of the following:
(1) The facility is equipped with a burglar alarm with central
monitoring.
(2) 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.
(3) All perimeter doorways are designed in one of the following
ways:
(A) A windowless steel security door equipped with both a deadbolt
and a doorknob lock.
(B) 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.
(C) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
(D) Hinges and hasps attached to doors by welding, riveting, or
bolting with nuts on the inside of the door.
(E) Hinges and hasps installed so that they cannot be removed when
the doors are closed and locked.
(4) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(5) No perimeter metal grates are capable of being entered by any
person.
(6) Steel bars used to satisfy the requirements of this
subdivision are not capable of being entered by any person.
(7) 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.
(8) Perimeter doorways, including the loading dock area, are
locked at all times when not attended by paid employees or contracted
employees, including security guards.
(9) 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.
(e) For purposes of this section, 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 subdivision (d), or may design a security
plan that is approved by the Department of Justice or the federal
Bureau of Alcohol, Tobacco, and Firearms.
(1) 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.
(2) 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.
(f) (1) Except as otherwise provided in this subdivision, the
Department of Justice shall maintain a centralized list of all
persons licensed pursuant to paragraph (2) of subdivision (b). The
centralized list shall be provided annually to each police department
and county sheriff within the state.
(2) Except as provided in paragraph (3), the license of any
licensee who violates this section may be revoked.
(3) The license of any licensee who knowingly or with gross
negligence violates this section or violates this section three times
shall be revoked, and that person, firm, or corporation shall become
permanently ineligible to obtain a license pursuant to this section.

(g) (1) 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.
(2) The department shall make information concerning the location
and name of a licensee available, upon request, for the following
purposes only:
(A) Law enforcement.
(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.
(3) Notwithstanding paragraph (2), the department shall make the
name and business address of a licensee available to any person upon
written request.
(h) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to paragraph (3)
of subdivision (b), the number of licensees removed from the
centralized list described in subdivision (f), and the number of
licensees found to have violated this section.
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