"u.s.a"california penal code

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Unlawful Activities
12280. (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
(2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
paragraph (1) shall receive an enhancement of one year.
(3) Except in the case of a first violation involving not more
than two firearms as provided in subdivisions (b) and (c), for
purposes of this section, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this section, there shall be a
distinct and separate offense for each.
(b) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison. However, a first violation of
these provisions is punishable by a fine not exceeding five hundred
dollars ($500) if the person was found in possession of no more than
two firearms in compliance with subdivision (c) of Section 12285 and
the person meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
pursuant to Section 12276, 12276.1, or 12276.5.
(2) The person has not previously been convicted of a violation of
this section.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to subdivision (a) of Section 12285.
(4) The person relinquished the firearm pursuant to Section 12288,
in which case the assault weapon shall be destroyed pursuant to
Section 12028.
(c) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment. However, a first violation of these provisions is
punishable by a fine not exceeding five hundred dollars ($500) if the
person was found in possession of no more than two firearms in
compliance with subdivision (a) of Section 12285 and the person meets
the conditions set forth in paragraphs (1), (2), and (3):
(1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of
this section.
(3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to subdivision (a) of Section 12285.
(4) Firearms seized pursuant to this subdivision from persons who
meet all of the conditions set forth in paragraphs (1), (2), and (3)
shall be returned unless the court finds in the interest of public
safety, after notice and hearing, that the .50 BMG rifle should be
destroyed pursuant to Section 12028. Firearms seized from persons who
do not meet the conditions set forth in paragraphs (1), (2), and (3)
shall be destroyed pursuant to Section 12028.
(d) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
(e) Subdivisions (a), (b), and (c) shall not apply to the sale to,
purchase by, importation of, or possession of assault weapons or a .
50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Department of Corrections
and Rehabilitation, the Department of the California Highway Patrol,
district attorneys' offices, Department of Fish and Game, Department
of Parks and Recreation, or the military or naval forces of this
state or of the United States, or any federal law enforcement agency
for use in the discharge of their official duties.
(f) (1) Subdivisions (b) and (c) shall not prohibit the possession
or use of assault weapons or a .50 BMG rifle by sworn peace officer
members of those agencies specified in subdivision (e) for law
enforcement purposes, whether on or off duty.
(2) Subdivisions (a), (b), and (c) shall not prohibit the
delivery, transfer, or sale of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in subdivision (e)
if the peace officer is authorized by his or her employer to possess
or receive the assault weapon or the .50 BMG rifle. Required
authorization is defined as verifiable written certification from the
head of the agency, identifying the recipient or possessor of the
assault weapon as a peace officer and authorizing him or her to
receive or possess the specific assault weapon. For this exemption to
apply, in the case of a peace officer who possesses or receives the
assault weapon prior to January 1, 2002, the officer shall register
the assault weapon pursuant to Section 12285 on or before April 1,
2002, and in the case of a peace officer who possesses or receives
the assault weapon on or after January 1, 2002, the officer shall
register the assault weapon pursuant to Section 12285 not later than
90 days after possession or receipt. In the case of a peace officer
who possesses or receives a .50 BMG rifle on or before January 1,
2005, the officer shall register the .50 BMG rifle on or before April
30, 2006. In the case of a peace officer who possesses or receives a
.50 BMG rifle after January 1, 2005, the officer shall register the
.50 BMG rifle not later than one year after possession or receipt.
The peace officer must include with the registration, a copy of the
authorization required pursuant to this paragraph.
(3) Nothing in this section shall be construed to limit or
prohibit the delivery, transfer, or sale of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
(g) Subdivision (b) shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to Section 12276.5, or
during the one-year period after the date it was defined as an
assault weapon pursuant to Section 12276.1, if all of the following
are applicable:
(1) The person is eligible under this chapter to register the
particular assault weapon.
(2) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
Section 12276.5, or prior to the date it was defined as an assault
weapon pursuant to Section 12276.1.
(3) The person is otherwise in compliance with this chapter.
(h) Subdivisions (a), (b), and (c) shall not apply to the
manufacture by persons who are issued permits pursuant to Section
12287 of assault weapons or .50 BMG rifles for sale to the following:

(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been issued permits pursuant to
Section 12286 or 12287.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal military and law enforcement agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(i) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Section 12285 or that was
possessed pursuant to paragraph (1) of subdivision (f) that is
disposed of as authorized by the probate court, if the disposition is
otherwise permitted by this chapter.
(j) Subdivisions (b) and (c) shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Section 12285 or that was
possessed pursuant to paragraph (1) of subdivision (f) if the assault
weapon or .50 BMG rifle is possessed at a place set forth in
paragraph (1) of subdivision (c) of Section 12285 or as authorized by
the probate court.
(k) Subdivision (a) shall not apply to either of the following:
(1) A person who lawfully possesses and has registered an assault
weapon or .50 BMG rifle pursuant to this chapter who lends that
assault weapon or .50 BMG rifle to another if all the following
apply:
(A) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not in a class of persons
prohibited from possessing firearms by virtue of Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(B) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
(C) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
(i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

(ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
(iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(2) The return of an assault weapon or .50 BMG rifle to the
registered possessor, or the lawful possessor, which is lent by the
same pursuant to paragraph (1).
(l) Subdivisions (b) and (c) shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (k).
(m) Subdivisions (a), (b), and (c) shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
(1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
(2) The competition or match is conducted on the premises of one
of the following:
(A) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(B) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.

(3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(4) The assault weapon or .50 BMG rifle is transported in
accordance with Section 12026.1 or 12026.2.
(5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(n) Subdivisions (b) and (c) shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 12286 or 12287.
(2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 12286 or 12287 when he or she
is acting in accordance with Section 12285, 12286, or 12287.
(o) Subdivisions (a), (b), and (c) shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 12285.
(2) A person acting in accordance with Section 12286, 12287, or
12290.
(p) Subdivisions (b) and (c) shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with subdivision (c) of Section 12285.
(q) Subdivision (a) shall not apply to the importation into this
state of an assault weapon or a .50 BMG rifle by the registered owner
of that assault weapon or a .50 BMG rifle if it is in accordance
with the provisions of subdivision (c) of Section 12285.
(r) Subdivision (a) shall not apply during the first 180 days of
the 2005 calendar year to the importation into this state of a .50
BMG rifle by a person who lawfully possessed that .50 BMG rifle in
this state prior to January 1, 2005.
(s) Subdivision (c) shall not apply to the possession of a .50 BMG
rifle that is not defined or specified as an assault weapon pursuant
to this chapter, by any person prior to May 1, 2006, if all of the
following are applicable:
(1) The person is eligible under this chapter to register that .50
BMG rifle.
(2) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
(3) The person is otherwise in compliance with this chapter.
(t) Subdivisions (a), (b), and (c) shall not apply to the sale of
assault weapons or .50 BMG rifles by persons who are issued permits
pursuant to Section 12287 to any of the following:
(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been issued permits pursuant to
Section 12286 or 12287.
(3) Federal military and law enforcement agencies.
(4) Law enforcement and military agencies of other states.
(5) Foreign governments and agencies approved by the United States
State Department.
(6) Officers described in subdivision (f) who are authorized to
possess assault weapons or .50 BMG rifles pursuant to subdivision
(f).
(u) As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
(2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
(3) The operative date of Section 12276.1, as specified in
subdivision (d) of that section.



12281. (a) Any person who, or firm, company, or corporation that,
operated a retail or other commercial firm, company, or corporation,
and manufactured, distributed, transported, imported, possessed,
possessed for sale, offered for sale, or transferred, for commercial
purpose, an SKS rifle in California between January 1, 1992, and
December 19, 1997, shall be immune from criminal prosecution under
Section 12280. The immunity provided in this subdivision shall apply
retroactively to any person who, or firm, company, or corporation
that, is or was charged by complaint or indictment with a violation
of Section 12280 for conduct related to an SKS rifle, whether or not
the case of that person, firm, company, or corporation is final.
(b) Any person who possessed, gave, loaned, or transferred an SKS
rifle in California between January 1, 1992, and December 19, 1997,
shall be immune from criminal prosecution under Section 12280. The
immunity provided in this subdivision shall apply retroactively to
any person who was charged by complaint or indictment with a
violation of Section 12280 for conduct related to an SKS rifle,
whether or not the case of that person is final.
(c) Any SKS rifle in the possession of any person who, or firm,
company, or corporation that, is described in subdivision (a) or (b),
shall not be subject to seizure by law enforcement for violation of
Section 12280 prior to January 1, 2000.
(d) Any person, firm, company, or corporation, convicted under
Section 12280 for conduct relating to an SKS rifle, shall be
permitted to withdraw his or her plea of guilty or nolo contendere,
or to reopen his or her case and assert the immunities provided in
this section, if the court determines that the allowance of the
immunity is in the interests of justice. The court shall interpret
this section liberally to the benefit of the defendant.
(e) The Department of Justice shall notify all district attorneys
on or before January 31, 1999, of the provisions of this section.
The department shall identify all criminal prosecutions in the state
for conduct related to SKS rifles within 90 days of the effective
date of this section. In all cases so identified by the Attorney
General, the district attorneys shall inform defense counsel, or the
defendant if the defendant is in propria persona, in writing, of the
provisions of this section within 120 days of the effective date of
this section.
(f) (1) Any person, firm, company, or corporation that is in
possession of an SKS rifle shall do one of the following on or before
January 1, 2000:
(A) Relinquish the SKS rifle to the Department of Justice pursuant
to subdivision (h).
(B) Relinquish the SKS rifle to a law enforcement agency pursuant
to Section 12288.
(C) Dispose of the SKS rifle as permitted by Section 12285.
(2) Any person who has obtained title to an SKS rifle by bequest
or intestate succession shall be required to comply with subparagraph
(A) or (B) of paragraph (1) of this subdivision unless he or she
otherwise complies with paragraph (1) of subdivision (b) of Section
12285.
(3) Any SKS rifle relinquished to the department pursuant to this
subdivision shall be in a manner prescribed by the department.
(4) The department shall conduct a public education and
notification program as described in Section 12289, commencing no
later than January 1, 1999.
(g) Any person who complies with subdivision (f) shall be exempt
from the prohibitions set forth in subdivision (a) or (b) of Section
12280 for those acts by that person associated with complying with
the requirements of subdivision (f).
(h) (1) The department shall purchase any SKS rifle relinquished
pursuant to subdivision (f) from funds appropriated for this purpose
by the act amending this section in the 1997-98 Regular Session of
the Legislature or by subsequent budget acts or other legislation.
The department shall adopt regulations for this purchase program that
include, but are not limited to, the manner of delivery, the
reimbursement to be paid, and the manner in which persons shall be
informed of the state purchase program.
(2) Any person who relinquished possession of an SKS rifle to a
law enforcement agency pursuant to Section 12288 prior to the
effective date of the purchase program set forth in paragraph (1)
shall be eligible to be reimbursed from the purchase program. The
procedures for reimbursement pursuant to this paragraph shall be part
of the regulations adopted by the department pursuant to paragraph
(1).
(i) Notwithstanding paragraph (11) of subdivision (a) of Section
12276, an "SKS rifle" under this section means all SKS rifles
commonly referred to as "SKS Sporter" versions, manufactured to
accept a detachable AK-47 magazine and imported into this state and
sold by a licensed gun dealer, or otherwise lawfully possessed in
this state by a resident of this state who is not a licensed gun
dealer, between January 1, 1992, and December 19, 1997.
(j) Failure to comply with subdivision (f) is a public offense
punishable by imprisonment in the state prison, or in a county jail,
not exceeding one year.
(k) In addition to the regulations required pursuant to
subdivision (h), emergency regulations for the purchase program
described in subdivision (h) shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.



12282. (a) Except as provided in Section 12280, possession of any
assault weapon, as defined in Section 12276, 12276.1, or 12276.5, or
of any .50 BMG rifle, as defined in Section 12278, in violation of
this chapter is a public nuisance, solely for purposes of this
section and subdivision (d) of Section 12028. The Attorney General,
any district attorney, or any city attorney, may, in lieu of criminal
prosecution, bring a civil action or reach a civil compromise in any
superior court to enjoin the possession of the assault weapon or .50
BMG rifle that is a public nuisance.
(b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
(c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
(d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (d) of Section 12028.
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Registration and Permits

12285. (a) (1) Any person who lawfully possesses an assault weapon,
as defined in Section 12276, prior to June 1, 1989, shall register
the firearm by January 1, 1991, and any person who lawfully possessed
an assault weapon prior to the date it was specified as an assault
weapon pursuant to Section 12276.5 shall register the firearm within
90 days with the Department of Justice pursuant to those procedures
that the department may establish. Except as provided in subdivision
(a) of Section 12280, any person who lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon pursuant
to Section 12276.1, and which was not specified as an assault weapon
under Section 12276 or 12276.5, shall register the firearm within
one year of the effective date of Section 12276.1, with the
department pursuant to those procedures that the department may
establish. The registration shall contain a description of the
firearm that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and thumbprint of the
owner, and any other information that the department may deem
appropriate. The department may charge a fee for registration of up
to twenty dollars ($20) per person but not to exceed the actual
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall increase at a rate not to exceed the legislatively
approved annual cost-of-living adjustment for the department's
budget or as otherwise increased through the Budget Act. The fees
shall be deposited into the Dealers' Record of Sale Special Account.

(2) Except as provided in subdivision (a) of Section 12280, any
person who lawfully possesses any .50 BMG rifle prior to January 1,
2005, that is not specified as an assault weapon under Section 12276
or 12276.5 or defined as an assault weapon pursuant to Section
12276.1, shall register the .50 BMG rifle with the department no
later than April 30, 2006, pursuant to those procedures that the
department may establish. The registration shall contain a
description of the firearm that identifies it uniquely, including all
identification marks, the full name, address, date of birth, and
thumbprint of the owner, and any other information that the
department may deem appropriate. The department may charge a fee for
registration of twenty-five dollars ($25) per person to cover the
actual processing and public education campaign costs of the
department. The fees shall be deposited into the Dealers' Record of
Sale Special Account. Data-processing costs associated with
modifying the department's data system to accommodate .50 caliber BMG
rifles shall not be paid from the Dealers Record of Sale Special
Account.
(b) (1) Except as provided in paragraph (2), no assault weapon
possessed pursuant to this section may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who (A) obtains title to
an assault weapon registered under this section or that was
possessed pursuant to paragraph (1) of subdivision (f) of Section
12280 by bequest or intestate succession, or (B) lawfully possessed a
firearm subsequently declared to be an assault weapon pursuant to
Section 12276.5, or subsequently defined as an assault weapon
pursuant to Section 12276.1, shall, within 90 days, render the weapon
permanently inoperable, sell the weapon to a licensed gun dealer,
obtain a permit from the Department of Justice in the same manner as
specified in Article 3 (commencing with Section 12230) of Chapter 2,
or remove the weapon from this state. A person who lawfully
possessed a firearm that was subsequently declared to be an assault
weapon pursuant to Section 12276.5 may alternatively register the
firearm within 90 days of the declaration issued pursuant to
subdivision (f) of Section 12276.5.
(2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.
(3) Except as provided in paragraph (4), no .50 BMG rifle
possessed pursuant to this section may be sold or transferred on or
after January 1, 2005, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who obtains title to a .
50 BMG rifle registered under this section or that was possessed
pursuant to paragraph (1) of subdivision (f) of Section 12280 by
bequest or intestate succession shall, within 180 days of receipt,
render the weapon permanently inoperable, sell the weapon to a
licensed gun dealer, obtain a permit from the Department of Justice
in the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2, or remove the weapon from this state.
(4) A person moving into this state, otherwise in lawful
possession of a .50 BMG rifle, shall do one of the following:
(A) Prior to bringing the .50 BMG rifle into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the .50 BMG rifle to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that .50 BMG rifle to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290 is prohibited
from delivering the .50 caliber BMG rifle to a person pursuant to
this paragraph, the dealer shall dispose of the .50 BMG rifle as
allowed by this chapter.
(c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions unless a permit allowing additional uses is
first obtained under Section 12286:
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
(2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

(4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.
(5) While attending any exhibition, display, or educational
project which is about firearms and which is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(6) While on publicly owned land if the possession and use of a
firearm described in Section 12276, 12276.1, 12276.5, or 12278, is
specifically permitted by the managing agency of the land.
(7) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this subdivision, or to any licensed
gun dealer, as defined in subdivision (c) of Section 12290, for
servicing or repair pursuant to subdivision (b) of Section 12290, if
the assault weapon is transported as required by Section 12026.1.
(d) No person who is under the age of 18 years, no person who is
prohibited from possessing a firearm by Section 12021 or 12021.1, and
no person described in Section 8100 or 8103 of the Welfare and
Institutions Code may register or possess an assault weapon or .50
BMG rifle.
(e) The department's registration procedures shall provide the
option of joint registration for assault weapons or .50 BMG rifle
owned by family members residing in the same household.
(f) For 90 days following January 1, 1992, a forgiveness period
shall exist to allow persons specified in subdivision (b) of Section
12280 to register with the Department of Justice assault weapons that
they lawfully possessed prior to June 1, 1989.
(g) (1) Any person who registered a firearm as an assault weapon
pursuant to the provisions of law in effect prior to January 1, 2000,
where the assault weapon is thereafter defined as an assault weapon
pursuant to Section 12276.1, shall be deemed to have registered the
weapon for purposes of this chapter and shall not be required to
reregister the weapon pursuant to this section.
(2) Any person who legally registered a firearm as an assault
weapon pursuant to the provisions of law in effect prior to January
1, 2005, where the assault weapon is thereafter defined as a .50
caliber BMG rifle pursuant to Section 12278, shall be deemed to have
registered the weapon for purposes of this chapter and shall not be
required to reregister the weapon pursuant to this section.
(h) Any person who registers his or her assault weapon during the
90-day forgiveness period described in subdivision (f), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of Section 12280, if law
enforcement becomes aware of that violation only as a result of the
registration of the assault weapon. This subdivision shall have no
effect upon persons charged with a violation of subdivision (b) of
Section 12280 of the Penal Code prior to January 1, 1992, provided
that law enforcement was aware of the violation before the weapon was
registered.


12286. Any person who lawfully acquired an assault weapon before
June 1, 1989, or a .50 BMG rifle before January 1, 2005, and wishes
to use it in a manner different than specified in subdivision (c) of
Section 12285, who lawfully acquired an assault weapon between June
1, 1989, and January 1, 1990, and wishes to keep it after January 1,
1990, or who wishes to acquire an assault weapon after January 1,
1990, or a .50 BMG rifle after January 1, 2005, shall first obtain a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 12230) of Chapter 2.



12287. (a) The Department of Justice may, upon a finding of good
cause, issue permits for the manufacture or sale of assault weapons
or .50 BMG rifles for the sale to, purchase by, or possession of
assault weapons or .50 BMG rifles by, any of the following:
(1) The agencies listed in subdivision (e), and the officers
described in subdivision (f) of Section 12280.
(2) Entities and persons who have been issued permits pursuant to
this section or Section 12286.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal law enforcement and military agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section 12230)
of Chapter 2.


12288. Any individual may arrange in advance to relinquish an
assault weapon or a .50 BMG rifle to a police or sheriff's
department. The assault weapon or .50 BMG rifle shall be transported
in accordance with Section 12026.1.


12288.5. (a) No peace officer or dispatcher shall broadcast over a
police radio that an individual has registered, or has obtained a
permit to possess, an assault weapon or .50 BMG rifle pursuant to
this chapter, unless there exists a reason to believe in good faith
that one of the following conditions exist:
(1) The individual has engaged, or may be engaged, in criminal
conduct.
(2) The police are responding to a call in which the person
allegedly committing a criminal violation may gain access to the
assault weapon or .50 BMG rifle.
(3) The victim, witness, or person who reported the alleged
criminal violation may be using the assault weapon or .50 BMG rifle
to hold the person allegedly committing the criminal violation or may
be using the weapon in defense of himself, herself, or other
persons.
(b) This section shall not prohibit a peace officer or dispatcher
from broadcasting over a police radio that an individual has not
registered, or has not obtained a permit to possess, an assault
weapon or .50 BMG rifle pursuant to this chapter.
(c) This section does not limit the transmission of an assault
weapon or a .50 BMG rifle ownership status via law enforcement
computers or any other medium that is legally accessible only to
peace officers or other authorized personnel.



12289. (a) The Department of Justice shall conduct a public
education and notification program regarding the registration of
assault weapons and the definition of the weapons set forth in
Section 12276.1. The public education and notification program shall
include outreach to local law enforcement agencies and utilization
of public service announcements in a variety of media approaches, to
ensure maximum publicity of the limited forgiveness period of the
registration requirement specified in subdivision (f) of Section
12285 and the consequences of nonregistration. The department shall
develop posters describing gunowners' responsibilities under this
chapter which shall be posted in a conspicuous place in every
licensed gun store in the state during the forgiveness period. For .
50 BMG rifles, the department's education campaign shall provide
materials to dealers of .50 BMG rifles, and to recognized national
associations that specialize in .50 BMG rifles.
(b) Any costs incurred by the Department of Justice to implement
this section which cannot be absorbed by the department shall be
funded from the Dealers' Record of Sale Special Account, as set forth
in subdivision (d) of Section 12076, upon appropriation by the
Legislature.


12289.5. (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of assault weapons.
(b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

[هيثم الفقى]

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Licensed Gun Dealers


12290. (a) Any licensed gun dealer, as defined in subdivision (c),
who lawfully possesses an assault weapon or .50 BMG rifle pursuant to
Section 12285, in addition to the uses allowed in Section 12285, may
transport the firearm between dealers or out of the state if that
person is permitted pursuant to the National Firearms Act, display it
at any gun show licensed by a state or local governmental entity,
sell it to a resident outside the state, or sell it to a person who
has been issued a permit pursuant to Section 12286. Any transporting
allowed by this section must be done as required by Section 12026.1.

(b) (1) Any licensed gun dealer, as defined in subdivision (c),
may take possession of any assault weapon or .50 BMG rifle for the
purposes of servicing or repair from any person to whom it is legally
registered or who has been issued a permit to possess it pursuant to
this chapter.
(2) Any licensed gun dealer, as defined in subdivision (c), may
transfer possession of any assault weapon or .50 BMG rifle received
pursuant to paragraph (1), to a gunsmith for purposes of
accomplishing service or repair of the same. Transfers are
permissible only to the following persons:
(A) A gunsmith who is in the dealer's employ.
(B) A gunsmith with whom the dealer has contracted for gunsmithing
services. In order for this subparagraph to apply, the gunsmith
receiving the assault weapon or .50 BMG rifle shall hold all of the
following:
(i) A dealer's license issued pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(ii) Any business license required by a state or local
governmental entity.
(c) The term "licensed gun dealer," as used in this article, means
a person who is licensed pursuant to Section 12071 and who has a
permit to sell assault weapons or .50 BMG rifles pursuant to Section
12287.

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DESTRUCTIVE DEVICES

12301. (a) The term "destructive device," as used in this chapter,
shall include any of the following weapons:
(1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
For purposes of this section, the term "antique cannon" means any
cannon manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade. The term "antique rifle" means a
firearm conforming to the definition of an "antique firearm" in
Section 479.11 of Title 27 of the Code of Federal Regulations.
(4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
(5) Any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.

(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) The term "explosive," as used in this chapter, shall mean any
explosive defined in Section 12000 of the Health and Safety Code.




12302. Nothing in this chapter shall prohibit the sale to, purchase
by, or possession, transportation, storage, or use of, destructive
devices or explosives by:
(a) Any peace officer listed in Section 830.1 or 830.2, or any
peace officer in the Department of Justice authorized by the Attorney
General, while on duty and acting within the scope and course of his
or her employment.
(b) Any member of the Army, Navy, Air Force, or Marine Corps of
the United States, or the National Guard, while on duty and acting
within the scope and course of his or her employment.
Nothing in this chapter prohibits the sale to, or the purchase,
possession, transportation, storage, or use by any person who is a
regularly employed and paid officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, while on duty and acting within the scope
and course of his or her employment, of any equipment used by that
department or agency in the course of fire suppression.



12303. Any person, firm, or corporation who, within this state,
possesses any destructive device, other than fixed ammunition of a
caliber greater than .60 caliber, except as provided by this chapter,
is guilty of a public offense and upon conviction thereof shall be
punished by imprisonment in the county jail for a term not to exceed
one year, or in state prison, or by a fine not to exceed ten thousand
dollars ($10,000) or by both such fine and imprisonment.



12303.1. Every person who willfully does any of the following is
guilty of a felony and is punishable by imprisonment in the state
prison for two, four, or six years:
(a) Carries any explosive or destructive device on any vessel,
aircraft, car, or other vehicle that transports passengers for hire.

(b) Places or carries any explosive or destructive device, while
on board any such vessel, aircraft, car or other vehicle, in any hand
baggage, roll, or other container.
(c) Places any explosive or destructive device in any baggage
which is later checked with any common carrier.



12303.2. Every person who recklessly or maliciously has in his
possession any destructive device or any explosive on a public street
or highway, in or near any theater, hall, school, college, church,
hotel, other public building, or private habitation, in, on, or near
any aircraft, railway passenger train, car, cable road or cable car,
vessel engaged in carrying passengers for hire, or other public place
ordinarily passed by human beings is guilty of a felony, and shall
be punishable by imprisonment in the state prison for a period of
two, four, or six years.



12303.3. Every person who possesses, explodes, ignites, or attempts
to explode or ignite any destructive device or any explosive with
intent to injure, intimidate, or terrify any person, or with intent
to wrongfully injure or destroy any property, is guilty of a felony,
and shall be punished by imprisonment in the state prison for a
period of three, five, or seven years.



12303.6. Any person, firm, or corporation who, within this state,
sells, offers for sale, or knowingly transports any destructive
device, other than fixed ammunition of a caliber greater than .60
caliber, except as provided by this chapter, is guilty of a felony
and is punishable by imprisonment in the state prison for two, three
or four years.



12304. Any person, firm or corporation who, within this state,
sells, offers for sale, possesses or knowingly transports any fixed
ammunition of a caliber greater than .60 caliber, except as provided
in this chapter, is guilty of a public offense and upon conviction
thereof shall be punished by imprisonment in the county jail for a
term not to exceed six months or by a fine not to exceed one thousand
dollars ($1,000), or by both such fine and imprisonment.
A second or subsequent conviction shall be punished by
imprisonment in the county jail for a term not to exceed one year, or
by imprisonment in the state prison, or by a fine not to exceed
three thousand dollars ($3,000), or by both such fine and
imprisonment.



12305. (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is a person in a class prohibited by Section 8100 or 8103 of
the Welfare and Institutions Code or Section 12021 or 12021.1 of this
code.
(c) Applications for permits shall be filed in writing, signed by
the applicant if an individual, or by a member or officer qualified
to sign if the applicant is a firm or corporation, and shall state
the name, business in which engaged, business address and a full
description of the use to which the destructive devices are to be
put.
(d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
(e) Each applicant for a permit shall pay at the time of filing
his or her application a fee not to exceed the application processing
costs of the Department of Justice. A permit granted pursuant to
this article may be renewed one year from the date of issuance, and
annually thereafter, upon the filing of a renewal application and the
payment of a permit renewal fee not to exceed the application
processing costs of the Department of Justice. After the department
establishes fees sufficient in amount to cover processing costs, the
amount of the fees shall only increase at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.

(f) Except as provided in subdivision (g), the Department of
Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of destructive devices.
(g) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.



12307. The possession of any destructive device in violation of
this chapter shall be deemed to be a public nuisance and the Attorney
General or district attorney of any city, county, or city and county
may bring an action before the superior court to enjoin the
possession of any destructive device.
Any destructive device found to be in violation of this chapter
shall be surrendered to the Department of Justice, or to the sheriff
or chief of police, if the sheriff or chief of police has elected to
perform the services required by this section. The department,
sheriff, or chief of police shall destroy the destructive device so
as to render it unusable and unrepairable as a destructive device,
except upon the filing of a certificate with the department by a
judge or district attorney stating that the preservation of the
destructive device is necessary to serve the ends of justice.




12308. Every person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive with intent to
commit murder is guilty of a felony, and shall be punished by
imprisonment in the state prison for life with the possibility of
parole.



12309. Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive which causes bodily
injury to any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for a period of five, seven, or nine
years.



12310. (a) Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive which causes the
death of any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for life without the possibility of
parole.
(b) Every person who willfully and maliciously explodes or ignites
any destructive device or any explosive which causes mayhem or great
bodily injury to any person is guilty of a felony, and shall be
punished by imprisonment in the state prison for life.



12311. No person convicted of a violation of this chapter shall be
granted probation, and the execution of the sentence imposed upon
such person shall not be suspended by the court.



12312. Every person who possesses any substance, material, or any
combination of substances or materials, with the intent to make any
destructive device or any explosive without first obtaining a valid
permit to make such destructive device or explosive, is guilty of a
felony, and is punishable by imprisonment in the state prison for
two, three, or four years.



12316. (a) (1) Any person, corporation, or dealer who does either
of the following shall be punished by imprisonment in a county jail
for a term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun, it may
be sold to a person who is at least 18 years of age, but less than
21 years of age, if the vendor reasonably believes that the
ammunition is being acquired for use in a rifle and not a handgun.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this subdivision. As used
in this subdivision, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
armed forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
(b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence.
(3) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
(c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
within the scope of their duties or persons exempted under
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall not apply to a duly appointed peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, a full-time paid peace officer of another state or
the federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making an arrest or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to exceed
one thousand dollars ($1,000), or both the imprisonment and fine.
(d) (1) A violation of paragraph (1) of subdivision (b) is
justifiable where all of the following conditions are met:
(A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
(B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
(C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021.
(2) Upon the trial for violating paragraph (1) of subdivision (b),
the trier of fact shall determine whether the defendant is subject
to the exemption created by this subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.
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AMMUNITION
12320. Any person, firm, or corporation who, within this state
knowingly possesses any handgun ammunition designed primarily to
penetrate metal or armor is guilty of a public offense and upon
conviction thereof shall be punished by imprisonment in the state
prison, or in the county jail for a term not to exceed one year, or
by a fine not to exceed five thousand dollars ($5,000), or by both
such fine and imprisonment.



12321. Any person, firm, or corporation who, within this state,
manufactures, imports, sells, offers to sell, or knowingly transports
any handgun ammunition designed primarily to penetrate metal or
armor is guilty of a felony and upon conviction thereof shall be
punished by imprisonment in state prison, or by a fine not to exceed
five thousand dollars ($5,000), or by both such fine and
imprisonment.



12322. Nothing in this chapter shall apply to or affect either of
the following:
(a) The sale to, purchase by, possession of, or use of any
ammunition by any member of the Army, Navy, Air Force, or Marine
Corps of the United States, or the National Guard, while on duty and
acting within the scope and course of his or her employment, or any
police agency or forensic laboratory or any person who is the holder
of a valid permit issued pursuant to Section 12305.
(b) The possession of handgun ammunition designed primarily to
penetrate metal or armor by a person who found the ammunition, if he
or she is not prohibited from possessing firearms or ammunition
pursuant to Section 12021, 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 and is transporting the ammunition to a
law enforcement agency for disposition according to law.



12323. As used in this chapter, the following definitions shall
apply:
(a) "Handgun ammunition" means ammunition principally for use in
pistols, revolvers, and other firearms capable of being concealed
upon the person, as defined in subdivision (a) of Section 12001,
notwithstanding that the ammunition may also be used in some rifles.

(b) "Handgun ammunition designed primarily to penetrate metal or
armor" means any ammunition, except a shotgun shell or ammunition
primarily designed for use in rifles, that is designed primarily to
penetrate a body vest or body shield, and has either of the following
characteristics:
(1) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
(2) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(c) "Body vest or shield" means any bullet-resistant material
intended to provide ballistic and trauma protection for the wearer or
holder.
(d) "Rifle" shall have the same meaning as defined in paragraph
(20) of subdivision (c) of Section 12020.



12324. Nothing in this chapter shall prohibit the possession,
importation, sale, attempted sale, or transport of ammunition from
which the propellant has been removed and the primer has been
permanently deactivated.


12325. Nothing in this chapter shall prohibit the manufacture of
ammunition under contracts approved by agencies of the state or
federal government.
BOOBYTRAPS
12355. (a) Except as provided in Chapter 2.5 (commencing with
Section 12301), any person who assembles, maintains, places, or
causes to be placed a boobytrap device as described in subdivision
(c) is guilty of a felony punishable by imprisonment in the state
prison for two, three, or five years.
(b) Possession of any device with the intent to use the device as
a boobytrap is punishable by imprisonment in state prison, or in a
county jail not exceeding one year, or by a fine not exceeding five
thousand dollars ($5,000), or by both that fine and imprisonment.
(c) For purposes of this section, "boobytrap" means any concealed
or camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
BODY ARMOUR CERTIFICATION


12360. No body armor shall be acquired by the commissioner pursuant
to Section 2259.5 of the Vehicle Code unless, pursuant to
subdivision (a) of Section 12361, the Department of Justice has
certified such body armor.


12361. (a) Before a body armor may be purchased for use by state
peace officers the Department of Justice, after consultation with the
Department of the California Highway Patrol, shall establish minimum
ballistic performance standards, and shall determine that the armor
satisfies those standards.
(b) Only body armor that meets state requirements under
subdivision (a) for acquisition or purchase shall be eligible for
testing for certification under the ballistic performance standards
established by the Department of Justice; and only body armor that
is certified as acceptable by the department shall be purchased for
use by state peace officers.



12362. Any person engaged in the manufacture or sale of body armor
may apply to the Department of Justice for certification that a
particular type of body armor manufactured or sold by that person is
acceptable. The applicant shall reimburse the state for any actual
expenses incurred by the state in testing and certifying a particular
type of body armor.



12363. Any application submitted pursuant to Section 12362 shall
contain all of the following:
(a) Full written reports of any investigation conducted for the
purpose of determining whether such body armor is acceptable.
(b) A full written statement of the design of such body armor.
(c) A full written statement of the methods used in, and the
facilities and controls used for, the manufacture of such body armor.

(d) Such samples of body armor and its components as the
department may require.
(e) Specimens of the instructions and advertisements used or
proposed to be used for such body armor.



12364. The Department of Justice, in cooperation with the Office of
Procurement of the Department of General Services, shall establish a
schedule for ballistic testing for certification pursuant to
subdivision (b) of Section 12361.


12365. The department shall issue an order refusing to certify a
body armor as acceptable if, after due notice to the applicant, the
department finds any of the following:
(a) That the body armor does not satisfy the ballistic performance
standards established by the department pursuant to subdivision (b)
of Section 12361.
(b) That the application contains any misrepresentation of a
material fact.
(c) That the application is materially incomplete.
(d) That the applicant has failed to reimburse the state as
required by Section 12362.



12366. The department shall issue an order revoking certification
if, after due notice to the applicant, the department finds any of
the following:
(a) That the experience or additional testing show that the body
armor does not comply with the department's ballistic performance
standards.
(b) That the application contains any misrepresentation of a
material fact.
(c) The body armor must be retested for certification under new
department standards.


12367. The department shall adopt and promulgate regulations for
the fair and efficient enforcement of this chapter.



12368. (a) All purchases of certified body armor under the
provisions of this chapter shall be made by the Department of General
Services on behalf of an authorized state agency or department.
Purchases of body armor shall be based upon written requests
submitted by an authorized state agency or department to the
Department of General Services.
(b) The Department of General Services shall make certified body
armor available to peace officers of the Department of Justice, as
defined by Section 830.3 of the Penal Code, while engaged in law
enforcement activities.



12369. The Department of General Services shall, pursuant to
departmental regulation, after consultation with the Department of
the California Highway Patrol, define the term "enforcement
activities" for purposes of this chapter, and develop standards
regarding what constitutes sufficient wear on body armor to
necessitate replacement thereof.



12370. (a) Any person who has been convicted of a violent felony,
as defined in subdivision (c) of Section 667.5, under the laws of the
United States, the State of California, or any other state,
government, or country, who purchases, owns, or possesses body armor,
as defined by Section 942 of Title 11 of the California Code of
Regulations, except as authorized under subdivision (b), is guilty of
a felony, punishable by imprisonment in a state prison for 16
months, or two or three years.
(b) Any person whose employment, livelihood, or safety is
dependent on the ability to legally possess and use body armor, who
is subject to the prohibition imposed by subdivision (a) due to a
prior violent felony conviction, may file a petition with the chief
of police or county sheriff of the jurisdiction in which he or she
seeks to possess and use the body armor for an exception to this
prohibition. The chief of police or sheriff may reduce or eliminate
the prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as he or
she deems appropriate, based on the following:
(1) A finding that the petitioner is likely to use body armor in a
safe and lawful manner.
(2) A finding that the petitioner has a reasonable need for this
type of protection under the circumstances.
In making its decision, the chief of police or sheriff shall
consider the petitioner's continued employment, the interests of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that law
enforcement officials exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, this paragraph may not be construed to require
law enforcement officials to grant relief to any particular
petitioner. Relief from this prohibition does not relieve any other
person or entity from any liability that might otherwise be imposed.

(c) The chief of police or sheriff shall require, as a condition
of granting an exception under subdivision (b), that the petitioner
agree to maintain on his or her person a certified copy of the law
enforcement official's permission to possess and use body armor,
including any conditions or limitations.
(d) Law enforcement officials who enforce the prohibition
specified in subdivision (a) against a person who has been granted
relief pursuant to subdivision (b), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the permission granting the person relief from the
prohibition, as required by subdivision (c). This immunity from
liability does not relieve any person or entity from any other
liability that might otherwise be imposed.
(e) For purposes of this section only, "violent felony" refers to
the specific crimes listed in subdivision (c) of Section 667.5, and
to crimes defined under the applicable laws of the United States or
any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
TEAR GAS WEAPONS
General Provisions


12401. "Tear gas" as used in this chapter shall apply to and
include all liquid, gaseous or solid substances intended to produce
temporary physical discomfort or permanent injury through being
vaporized or otherwise dispersed in the air, but does not apply to,
and shall not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Agricultural Code provided that such substance is not
intended to be used to produce discomfort or injury to human beings.



12402. The term "tear gas weapon" as used in this chapter shall
apply to and include:
(a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gases.
(b) Any revolvers, pistols, fountain pen guns, billies, or other
form of device, portable or fixed, intended for the projection or
release of tear gas except those regularly manufactured and sold for
use with firearm ammunition.



12403. Nothing in this chapter shall prohibit any person who is a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, from purchasing, possessing, transporting,
or using any tear gas or tear gas weapon if the person has
satisfactorily completed a course of instruction approved by the
Commission on Peace Officer Standards and Training in the use of tear
gas.



12403.1. Nothing in this chapter shall prohibit any member of the
military and naval forces of this state or of the United States or
any federal law enforcement officer from purchasing, possessing, or
transporting any tear gas or tear gas weapon for official use in the
discharge of his duties.


12403.5. Notwithstanding any other provision of law, a person
holding a license as a private investigator or private patrol
operator issued pursuant to Chapter 11 (commencing with Section
7500), Division 3 of the Business and Professions Code, or uniformed
patrolmen employees of a private patrol operator, may purchase,
possess, or transport any tear gas weapon, if it is used solely for
defensive purposes in the course of the activity for which the
license was issued and if the person has satisfactorily completed a
course of instruction approved by the Department of Consumer Affairs
in the use of tear gas.



12403.7. Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, the State of California,
or any other state, government, or country or convicted of misuse of
tear gas under subdivision (g) shall purchase, possess, or use tear
gas or tear gas weapons.
(b) No person who is addicted to any narcotic drug shall purchase,
possess, or use tear gas or tear gas weapons.
(c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
(d) No person who is a minor shall purchase, possess, or use tear
gas or tear gas weapons.
(e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol spray, or that contains more than 2.5
ounces net weight of aerosol spray.
(2) Every tear gas container and tear gas weapon that may be
lawfully purchased, possessed, and used pursuant to this section
shall have a label that states: "WARNING: The use of this substance
or device for any purpose other than self-defense is a crime under
the law. The contents are dangerous--use with care."
(3) After January 1, 1984, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall have a label that discloses the date on which
the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall be accompanied by an insert including
directions for use, first aid information, safety and storage
information, and explanation of the legal ramifications of improper
use of the tear gas container or tear gas product.
(g) Any person who uses tear gas or tear gas weapons except in
self-defense is guilty of a public offense and is punishable by
imprisonment in a state prison for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment,
except that, if the use is against a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
engaged in the performance of his or her official duties and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, the offense is punishable by
imprisonment in a state prison for 16 months or two or three years or
by a fine of one thousand dollars ($1,000), or by both the fine and
imprisonment.



12403.8. (a) Notwithstanding paragraph (4) of subdivision (a) of
Section 12403.7, a minor who has attained the age of 16 years may
purchase and possess tear gas or tear gas weapons pursuant to this
chapter if he or she is accompanied by a parent or guardian, or has
the written consent of his or her parent or guardian.
(b) Notwithstanding paragraph (3) of subdivision (a) of Section
12403.7, a person may sell or furnish tear gas or a tear gas weapon
to a minor who has attained the age of 16 years and who is
accompanied by a parent or guardian, or who presents a statement of
consent signed by the minor's parent or guardian.
(c) Any civil liability of a minor arising out of his or her use
of tear gas or a tear gas weapon other than for self-defense is
imposed upon the person, parent, or guardian who signed the statement
of consent specified in subdivision (b) who shall be jointly and
severally liable with the minor for any damages proximately resulting
from the negligent or wrongful act or omission of the minor in the
use of the tear gas or a tear gas weapon.



12403.9. Custodial officers of any county may carry tear gas
weapons pursuant to Section 12403 only while on duty. These
custodial officers may carry tear gas weapons while off duty only in
accordance with all other laws.


12404. Nothing in this chapter authorizes the possession of tear
gas or tear gas weapons in any institution described in Section 4574,
or within the grounds belonging or adjacent to any such institution,
except where authorized by the person in charge of such inUnlawful Possession and Salestitution.

12420. Any person, firm, or corporation who within this state
knowingly sells or offers for sale, possesses, or transports any tear
gas or tear gas weapon, except as permitted under the provisions of
this chapter, is guilty of a public offense and upon conviction
thereof shall be punishable by imprisonment in the county jail for
not exceeding one year or by a fine not to exceed two thousand
dollars ($2,000), or by both.



12421. Each tear gas weapon sold, transported or possessed under
the authority of this chapter shall bear the name of the manufacturer
and a serial number applied by him.



12422. Any person who changes, alters, removes or obliterates the
name of the manufacturer, the serial number or any other mark of
identification on any tear gas weapon is guilty of a public offense
and, upon conviction, shall be punished by imprisonment in the state
prison or by a fine of not more than two thousand dollars ($2,000) or
by both.
Possession of any such weapon upon which the same shall have been
changed, altered, removed, or obliterated, shall be presumptive
evidence that such possessor has changed, altered, removed, or
obliterated the same.
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Permits


12423. The Department of Justice may issue a permit for the
possession and transportation of tear gas or tear gas weapons that
are not intended or certified for personal self-defense purposes,
upon proof that good cause exists for the issuance thereof to the
applicant for this permit. The permit may also allow the applicant
to install, maintain, and operate a protective system involving the
use of tear gas or tear gas weapons in any place which is accurately
and completely described in the application for the permit.



12424. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address and
a full description of the place or vehicle in which the tear gas or
tear gas weapons are to be transported, kept, installed, or
maintained.
If the tear gas or tear gas weapons are to be used in connection
with, or to constitute, a protective system, the application shall
also contain the name of the person who is to install the protective
system.
Applications and permits shall be uniform throughout the state
upon forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. A permit granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.



12424.5. Notwithstanding Section 12423, a bank, a savings and loan
association, a credit union, or an industrial loan company which
maintains more than one office or branch may make a single annual
application for a permit. In addition to the requirements set forth
in this article, that application shall separately state the business
address and a full description of each office or branch in which the
tear gas or tear gas weapons are to be kept, installed, or
maintained. Any location additions or deletions as to offices or
branches shall be reported to the department within 60 days of the
change.
A single permit issued under this section shall allow for the
possession, operation, and maintenance of tear gas at each office or
branch named in the application, including location changes.




12425. Every person, firm or corporation to whom a permit is issued
shall either carry the permit upon his person or keep it in the
place described in the permit. The permit shall be open to
inspection by any peace officer or other person designated by the
authority issuing the permit.



12426. Permits issued in accordance with this article may be
revoked or suspended by the issuing authority at any time when it
appears that the need for the possession or transportation of the
tear gas or tear gas weapons or protective system involving the use
thereof, has ceased, or that the holder of the permit has engaged in
an unlawful business or occupation or has wrongfully made use of the
tear gas or tear gas weapons or the permit issued.

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. Licenses to Sell
Oleoresin Capsicum
. FIREARM DEVICES
General Provisions


12500. The term "silencer" as used in this chapter means any device
or attachment of any kind designed, used, or intended for use in
silencing, diminishing, or muffling the report of a firearm. The
term "silencer" also includes any combination of parts, designed or
redesigned, and intended for use in assembling a silencer or
fabricating a silencer and any part intended only for use in such
assembly or fabrication.



12501. Section 12520 shall not apply to, or affect, any of the
following:
(a) The sale to, purchase by, or possession of silencers by
agencies listed in Section 830.1, or the military or naval forces of
this state or of the United States for use in the discharge of their
official duties.
(b) The possession of silencers by regular, salaried, full-time
peace officers who are employed by an agency listed in Section
830.1, or by the military or naval forces of this state or of the
United States when on duty and when the use of silencers is
authorized by the agency and is within the course and scope of their
duties.
(c) The manufacture, possession, transportation, or sale or other
transfer of silencers to an entity described in subdivision (a) by
dealers or manufacturers registered under Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code, and the
regulations issued pursuant thereto.

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Unlawful Possession of Firearm Silencers
12520. Any person, firm, or corporation who within this state
possesses a silencer is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in the state prison or by a
fine not to exceed ten thousand dollars ($10,000) or by both.
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MISCELLANEOUS
BB Devices and Imitation Firearms


12550. As used in this article, the following definitions apply:
(a) "BB device" is defined in subdivision (g) of Section 12001.
(b) "Firearm" is defined in subdivision (b) of Section 12001.
(c) "Imitation firearm" means any BB device, toy gun, replica of a
firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a
reasonable person to perceive that the device is a firearm.



12551. Every person who sells to a minor any BB device is guilty of
a misdemeanor.



12552. (a) Every person who furnishes any BB device to any minor,
without the express or implied permission of the parent or legal
guardian of the minor, is guilty of a misdemeanor.
(b) As used in this section, "furnishes" means any of the
following:
(1) A loan.
(2) A transfer that does not involve a sale.




12553. (a) (1) Any person who changes, alters, removes, or
obliterates any coloration or markings that are required by any
applicable state or federal law or regulation, for any imitation
firearm, or device described in subdivision (c) of Section 12555, in
any way that makes the imitation firearm or device look more like a
firearm is guilty of a misdemeanor.
(2) This subdivision shall not apply to a manufacturer, importer,
or distributor of imitation firearms or to the lawful use in
theatrical productions, including motion pictures, television, and
stage productions.
(b) Any manufacturer, importer, or distributor of imitation
firearms that fails to comply with any applicable federal law or
regulation governing the marking of a toy, look-alike or imitation
firearm as defined by federal law or regulation is guilty of a
misdemeanor.


12554. (a) Any imitation firearm manufactured after July 1, 2005,
shall, at the time of offer for sale in this state, be accompanied by
a conspicuous advisory in writing as part of the packaging, but not
necessarily affixed to the imitation firearm, to the effect that the
product may be mistaken for a firearm by law enforcement officers or
others, that altering the coloration or markings required by state or
federal law or regulations so as to make the product look more like
a firearm is dangerous, and may be a crime, and that brandishing or
displaying the product in public may cause confusion and may be a
crime.
(b) Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm manufactured
after July 1, 2005, shall be liable for a civil fine for each action
brought by a city attorney or district attorney of not more than one
thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000)
for the third action and each subsequent action.



12555. (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm except as
authorized by this section shall be liable for a civil fine in an
action brought by the city attorney or the district attorney of not
more than ten thousand dollars ($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
(3) For use in a certified or regulated sporting event or
competition.
(4) For use in military or civil defense activities, or ceremonial
activities.
(5) For public displays authorized by public or private schools.
(c) As used in this section, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
(2) A BB device, as defined in subdivision (g) of Section 12001.
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.



12556. (a) No person may openly display or expose any imitation
firearm, as defined in Section 12550, in a public place.
(b) Violation of this section, except as provided in subdivision
(c), is an infraction punishable by a fine of one hundred dollars
($100) for the first offense, and three hundred dollars ($300) for a
second offense.
(c) A third or subsequent violation of this section is punishable
as a misdemeanor.
(d) Subdivision (a) shall not apply to the following, when the
imitation firearm is:
(1) Packaged or concealed so that it is not subject to public
viewing.
(2) Displayed or exposed in the course of commerce, including
commercial film or video productions, or for service, repair, or
restoration of the imitation firearm.
(3) Used in a theatrical production, a motion picture, video,
television, or stage production.
(4) Used in conjunction with a certified or regulated sporting
event or competition.
(5) Used in conjunction with lawful hunting, or lawful pest
control activities.
(6) Used or possessed at certified or regulated public or private
shooting ranges.
(7) Used at fairs, exhibitions, expositions, or other similar
activities for which a permit has been obtained from a local or state
government.
(8) Used in military, civil defense, or civic activities,
including flag ceremonies, color guards, parades, award
presentations, historical reenactments, and memorials.
(9) Used for public displays authorized by public or private
schools or displays that are part of a museum collection.
(10) Used in parades, ceremonies, or other similar activities for
which a permit has been obtained from a local or state government.
(11) Displayed on a wall plaque or in a presentation case.
(12) Used in areas where the discharge of a firearm is lawful.
(13) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents. Merely having an orange tip as provided in
federal law and regulations does not satisfy this requirement. The
entire surface must be colored or transparent or translucent.
(e) For purposes of this section, the term "public place" means an
area open to the public and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, front yards, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those that serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or
dwellings.
(f) Nothing in this section shall be construed to preclude
prosecution for a violation of Section 171b, 171.5, or 626.10.
Blowguns


12580. "Blowgun," as used in this article, means a hollow tube
designed and intended to be used as a tube through which a dart is
propelled by the force of the breath of the user.



12581. "Blowgun ammunition," as used in this article, means a dart
designed and intended for use in a blowgun.



12582. Any person who knowingly manufactures, sells, offers for
sale, possesses, or uses a blowgun or blowgun ammunition in this
state is guilty of a misdemeanor.



12583. Nothing in this article shall prohibit the sale to, purchase
by, possession of, or use of blowguns or blowgun ammunition by
zookeepers, animal control officers, Department of Fish and Game
personnel, humane officers whose names are maintained in the county
record of humane officers pursuant to Section 14502 of the
Corporations Code, or veterinarians in the course and scope of their
business in order to administer medicine to animals.
Picketing


12590. (a) Any person who does any of the following acts while
engaged in picketing, or other informational activities in a public
place relating to a concerted refusal to work, is guilty of a
misdemeanor:
(1) Carries concealed upon his person or 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 a loaded firearm upon his or her person or within any
vehicle which is under his or her control or direction.
(3) Carries a deadly weapon.
(4) Wears the uniform of a peace officer, whether or not the
person is a peace officer.
(b) This section shall not be construed to authorize or ratify any
picketing or other informational activities not otherwise authorized
by law.
(c) Section 12027 shall not be construed to authorize any conduct
described in paragraph (1) of subdivision (a), nor shall subdivision
(b) of Section 12031 be construed to authorize any conduct described
in paragraph (2) of subdivision (a).
Less Lethal Weapons

12600. A person who is a peace officer or a custodial officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 may if authorized by and under the terms and conditions as are
specified by his or her employing agency purchase, possess, or
transport any less lethal weapon or ammunition therefor, for official
use in the discharge of his or her duties.



12601. (a) "Less lethal weapon" means any device that is designed
to or that has been converted to expel or propel less lethal
ammunition by any action, mechanism, or process for the purpose of
incapacitating, immobilizing, or stunning a human being through the
infliction of any less than lethal impairment of physical condition,
function, or senses, including physical pain or discomfort. It is
not necessary that a weapon leave any lasting or permanent
incapacitation, discomfort, pain, or other injury or disability in
order to qualify as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
(1) Pistol, revolver, or firearm as defined in Section 12001.
(2) Machinegun as defined in Section 12200.
(3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
(4) Pistols, rifles, and shotguns that are firearms having a
barrel less than 0.18 inches in diameter and that are designed to
expel a projectile by any mechanical means or by compressed air or
gas.
(5) When used as designed or intended by the manufacturer, any
weapon commonly regarded as a toy gun, and that as such is incapable
of inflicting any impairment of physical condition, function, or
senses.
(6) A destructive device as defined in Section 12301.
(7) A tear gas weapon as defined in Section 12402.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon as defined in Section 12276 or 12276.1.
(c) "Less lethal ammunition" means any ammunition that (1) is
designed to be used in any less lethal weapon or any other kind of
weapon (including, but not limited to, firearms, pistols, revolvers,
shotguns, rifles, and spring, compressed air, and compressed gas
weapons) and (2) when used in the less lethal weapon or other weapon
is designed to immobilize or incapacitate or stun a human being
through the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.
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Stun Guns


12650. "Stun gun" as used in this chapter shall include any item,
except a taser, used or intended to be used as either an offensive or
defensive weapon capable of temporarily immobilizing a person by the
infliction of an electrical charge.



12651. Notwithstanding any other provision of law, any person may
purchase, possess, or use a stun gun, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, of the State of
California, or any other state, government, or country or convicted
of misuse of a stun gun under Section 244.5, shall purchase, possess,
or use stun guns.
(b) No person who is addicted to any narcotic drug shall purchase,
possess, or use a stun gun.
(c) No person shall sell or furnish any stun gun to a minor
unless the minor is at least 16 years of age and has the written
consent of his or her parent or legal guardian.
Violation of this subdivision shall be a public offense punishable
by a fifty dollar ($50) fine for the first offense. Any subsequent
violation of this subdivision is a misdemeanor.
(d) No minor shall possess any stun gun unless the minor is at
least 16 years of age and has the written consent of his or her
parent or legal guardian.



12652. Each stun gun sold shall contain both of the following:
(a) The name of the manufacturer stamped on the stun gun.
(b) The serial number applied by the manufacturer.



12653. Unless otherwise specified, any violation of this article is
a misdemeanor.



12654. Each stun gun sold in this state shall be accompanied by an
instruction booklet.
Violation of this section shall be a public offense punishable by
a fifty dollar ($50) fine for each weapon sold without the booklet.
Handgun Safety Certificate

12800. It is the intent of the Legislature in enacting this article
to require that persons who obtain handguns have a basic familiarity
with those firearms, including, but not limited to, the safe
handling and storage of those firearms. It is not the intent of the
Legislature to require a handgun safety certificate for the mere
possession of a firearm.



12801. (a) As used in this article, the following definitions shall
apply:
(1) "Department" means the Department of Justice.
(2) "DOJ Certified Instructor" or "certified instructor" means a
person designated as a handgun safety instructor by the Department of
Justice pursuant to subdivision (d) of Section 12804.
(b) No person shall do either of the following:
(1) Purchase or receive any handgun, except an antique firearm, as
defined in paragraph (16) of subsection (a) of Section 921 of Title
18 of the United States Code, without a valid handgun safety
certificate.
(2) Sell, deliver, loan, or transfer any handgun, except an
antique firearm, as defined in paragraph (16) of subsection (a) of
Section 921 of Title 18 of the United States Code, to any person who
does not have a valid handgun safety certificate.
(c) Any person who violates subdivision (b) is guilty of a
misdemeanor.
(d) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.



12802. (a) No person may commit an act of collusion as specified in
Section 12072.
(b) Any person who alters, counterfeits, or falsifies a handgun
safety certificate, or who uses or attempts to use any altered,
counterfeited, or falsified handgun safety certificate to purchase a
handgun is guilty of a misdemeanor.
(c) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.


12803. (a) No certified instructor may issue a handgun safety
certificate to any person who has not complied with this article.
Proof of compliance shall be forwarded to the department by certified
instructors as frequently as the department may determine.
(b) No certified instructor may issue a handgun safety certificate
to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue handgun
safety certificates.



12804. (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Section 12071, who shall make it available to the general
public. Essential portions of the manual may be included in the
pamphlet described in Section 12080.
(b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
(c) (1) The department shall develop a written objective test, in
English and in Spanish, and prescribe its content, form, and manner,
to be administered by an instructor certified by the department. If
the person taking the test is unable to read, the examination shall
be administered orally. The test shall cover, but not be limited to,
all of the following:
(A) The laws applicable to carrying and handling firearms,
particularly handguns.
(B) The responsibilities of ownership of firearms, particularly
handguns.
(C) Current law as it relates to the private sale and transfer of
firearms.
(D) Current law as it relates to the permissible use of lethal
force.
(E) What constitutes safe firearm storage.
(F) Issues associated with bringing a handgun into the home.
(G) Prevention strategies to address issues associated with
bringing firearms into the home.
(2) If the person taking the test is unable to read English or
Spanish, the test may be applied orally by a translator.
(d) The department shall prescribe a minimum level of skill,
knowledge and competency to be required of all handgun safety
certificate instructors.
(e) If a dealer licensed pursuant to Section 12071 or his or her
employee, or where the managing officer or partner is certified as an
instructor pursuant to this article, he or she shall also designate
a separate room or partitioned area for a person to take the
objective test, and maintain adequate supervision to assure that no
acts of collusion occur while the objective test is being
administered.
(f) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the handgun safety certificate
instructional materials.
(g) The department shall develop handgun safety certificates to be
issued by instructors certified by the department, to those persons
who have complied with this article.
(h) The department shall be immune from any liability arising from
implementing this section.
(i) The department shall update test materials related to this
article every five years.
(j) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.

(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer are not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.



12805. (a) An applicant for a handgun safety certificate shall
successfully pass the objective test referred to in paragraph (1) of
subdivision (c) of Section 12804, with a passing grade of at least 75
percent. Any person receiving a passing grade on the objective test
shall immediately be issued a handgun safety certificate by the
instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests
shall be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
(c) The certified instructor may charge a fee of twenty-five
dollars ($25), fifteen dollars ($15) of which is to be paid to the
department pursuant to subdivision (e).
(d) An applicant to renew a handgun safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(e).
(e) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing this title, as determined
annually by the department.
(f) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 12076.5.
(g) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with Title 2 (commencing with Section 12000) of Part 4.



12806. (a) A handgun safety certificate shall include, but not be
limited to, the following information:
(1) A unique handgun safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(b) The handgun safety certificate shall expire five years after
the date that it was issued by the certified instructor.



12807. (a) The following persons, properly identified, are exempted
from the handgun safety certificate requirement in subdivision (b)
of Section 12801:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Section 12071, who is
acting in the course and scope of his or her activities as a person
licensed pursuant to Section 12071.
(6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued to him or her by the
department pursuant to Section 12071.
(7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Section 12050.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to subdivision (c) or (d) of Section 12031.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 12095, 12230, 12250, or
12305.
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (b) of Section 12801:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing his or her functions as a receiver.
(5) A trustee in bankruptcy performing his or her duties.
(6) An assignee for the benefit of creditors performing his or her
functions as an assignee.


12808. (a) In the case of loss or destruction of a handgun safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund, created pursuant to
Section 12076.5.



12809. Except for the provisions of Section 12804, this article
shall become operative on January 1, 2003.

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CRIMINAL STATISTICS
DEPARTMENT OF JUSTICE
Duties of the Department
13000. (a) All statewide automated fingerprint identification
systems shall be maintained by the Department of Justice. For
purposes of this section, "automated fingerprint identification
system" means electronic comparison of fingerprints to a data base of
known persons.
(b) Any state agency is exempted from this section if the agency's
director finds that the automated identification system needed to
meet programmatic requirements is less costly than an identical
system available through an interagency agreement with the Department
of Justice, or is not provided by the Department of Justice.
(c) Information contained in these systems shall be released to
state agencies only on a need-to-know basis pursuant to any of the
following:
(1) Statutory authorization to the extent permitted by federal
law.
(2) A court order or decision that requires release of the
information.
(3) An interagency agreement with the Department of Justice to
develop and operate a system.
(d) The department may charge a fee to be paid by the agency for
the actual cost of supporting the service.


13010. It shall be the duty of the department:
(a) To collect data necessary for the work of the department from
all persons and agencies mentioned in Section 13020 and from any
other appropriate source.
(b) To prepare and distribute to all those persons and agencies,
cards, forms, or electronic means used in reporting data to the
department. The cards, forms, or electronic means may, in addition
to other items, include items of information needed by federal
bureaus or departments engaged in the development of national and
uniform criminal statistics.
(c) To recommend the form and content of records which must be
kept by those persons and agencies in order to insure the correct
reporting of data to the department.
(d) To instruct those persons and agencies in the installation,
maintenance, and use of those records and in the reporting of data
therefrom to the department.
(e) To process, tabulate, analyze and interpret the data collected
from those persons and agencies.
(f) To supply, at their request, to federal bureaus or departments
engaged in the collection of national criminal statistics data they
need from this state.
(g) To present to the Governor, on or before July 1st, a printed
annual report containing the criminal statistics of the preceding
calendar year and to present at other times as the Attorney General
may approve reports on special aspects of criminal statistics. A
sufficient number of copies of all reports shall be printed or
otherwise prepared to enable the Attorney General to send a copy to
all public officials in the state dealing with criminals and to
distribute them generally in channels where they will add to the
public enlightenment.
(h) To periodically review the requirements of units of government
using criminal justice statistics, and to make recommendations for
changes it deems necessary in the design of criminal justice
statistics systems, including new techniques of collection and
processing made possible by automation.



13010.5. The department shall collect data pertaining to the
juvenile justice system for criminal history and statistical
purposes. This information shall serve to assist the department in
complying with the reporting requirement of subdivisions (c) and (d)
of Section 13012, measuring the extent of juvenile delinquency,
determining the need for and effectiveness of relevant legislation,
and identifying long-term trends in juvenile delinquency. Any data
collected pursuant to this section may include criminal history
information which may be used by the department to comply with the
requirements of Section 602.5 of the Welfare and Institutions Code.




13011. The department may serve as statistical and research agency
to the Department of Corrections, the Board of Prison Terms, the
Board of Corrections, the Department of the Youth Authority, and the
Youthful Offender Parole Board.


13012. The annual report of the department provided for in Section
13010 shall contain statistics showing all of the following:
(a) The amount and the types of offenses known to the public
authorities.
(b) The personal and social characteristics of criminals and
delinquents.
(c) The administrative actions taken by law enforcement, judicial,
penal, and correctional agencies or institutions, including those in
the juvenile justice system, in dealing with criminals or
delinquents.
(d) The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies, including
those in the juvenile justice system, in dealing with minors who are
the subject of a petition or hearing in the juvenile court to
transfer their case to the jurisdiction of an adult criminal court or
whose cases are directly filed or otherwise initiated in an adult
criminal court.
(e) The number of citizens' complaints received by law enforcement
agencies under Section 832.5. These statistics shall indicate the
total number of these complaints, the number alleging criminal
conduct of either a felony or misdemeanor, and the number sustained
in each category. The report shall not contain a reference to any
individual agency but shall be by gross numbers only.
It shall be the duty of the department to give adequate
interpretation of the statistics and so to present the information
that it may be of value in guiding the policies of the Legislature
and of those in charge of the apprehension, prosecution, and
treatment of the criminals and delinquents, or concerned with the
prevention of crime and delinquency. The report shall also include
statistics which are comparable with national uniform criminal
statistics published by federal bureaus or departments heretofore
mentioned.


13012.5. (a) The annual report published by the department under
Section 13010 shall, in regard to the contents required by
subdivision (d) of Section 13012, include the following statewide
information:
(1) The annual number of fitness hearings held in the juvenile
courts under Section 707 of the Welfare and Institutions Code, and
the outcomes of those hearings including orders to remand to adult
criminal court, cross-referenced with information about the age,
gender, ethnicity, and offense of the minors whose cases are the
subject of those fitness hearings.
(2) The annual number of minors whose cases are filed directly in
adult criminal court under Sections 602.5 and 707 of the Welfare and
Institutions Code, cross-referenced with information about the age,
gender, ethnicity, and offense of the minors whose cases are filed
directly to the adult criminal court.
(3) The outcomes of cases involving minors who are prosecuted in
adult criminal courts, regardless of how adult court jurisdiction was
initiated, including whether the minor was acquitted or convicted,
or whether the case was dismissed and returned to juvenile court,
including sentencing outcomes, cross-referenced with the age, gender,
ethnicity, and offense of the minors subject to these court actions.

(b) The department's annual report published under Section 13010
shall include the information described in subdivision (d) of Section
13012, as further delineated by this section, beginning with the
report due on July 1, 2003, for the preceding calendar year.



13012.6. The annual report published by the department under
Section 13010 shall include information concerning arrests for
violations of Section 530.5.


13013. The department shall maintain a data set, updated annually,
that contains the number of crimes reported, number of clearances and
clearance rates in California as reported by individual law
enforcement agencies. The data set shall be made available through a
prominently displayed hypertext link on the department's Internet Web
site. This section shall not be construed to require reporting any
crimes other than those required by Section 13012.



13014. (a) The Department of Justice shall perform the following
duties concerning the investigation and prosecution of homicide
cases:
(1) Collect information, as specified in subdivision (b), on all
persons who are the victims of, and all persons who are charged with,
homicide.
(2) Adopt and distribute as a written form or by electronic means
to all state and governmental entities that are responsible for the
investigation and prosecution of homicide cases forms that will
include information to be provided to the department pursuant to
subdivision (b).
(3) Compile, collate, index, and maintain a file of the
information required by subdivision (b). The file shall be available
to the general public during the normal business hours of the
department, and the department shall annually publish a report
containing the information required by this section, which shall also
be available to the general public.
The department shall perform the duties specified in this
subdivision within its existing budget.
(b) Every state or local governmental entity responsible for the
investigation and prosecution of a homicide case shall provide the
department with demographic information about the victim and the
person or persons charged with the crime, including age, gender,
race, and ethnic background.
Duties of Public Agencies and Officers


13020. It shall be the duty of every city marshal, chief of police,
railroad and steamship police, sheriff, coroner, district attorney,
city attorney and city prosecutor having criminal jurisdiction,
probation officer, county board of parole commissioners, work
furlough administrator, the Department of Justice, Health and Welfare
Agency, Department of Corrections, Department of Youth Authority,
Youthful Offender Parole Board, Board of Prison Terms, State
Department of Health, Department of Benefit Payments, State Fire
Marshal, Liquor Control Administrator, constituent agencies of the
State Department of Investment, and every other person or agency
dealing with crimes or criminals or with delinquency or delinquents,
when requested by the Attorney General:
(a) To install and maintain records needed for the correct
reporting of statistical data required by him or her.
(b) To report statistical data to the department at those times
and in the manner that the Attorney General prescribes.
(c) To give to the Attorney General, or his or her accredited
agent, access to statistical data for the purpose of carrying out
this title.



13021. Local law enforcement agencies shall report to the
Department of Justice such information as the Attorney General may by
regulation require relative to misdemeanor violations of Chapter 7.5
(commencing with Section 311) of Title 9 of Part 1 of this code.




13022. Each sheriff and chief of police shall annually furnish the
Department of Justice, in the manner prescribed by the Attorney
General, a report of all justifiable homicides committed in his or
her jurisdiction. In cases where both a sheriff and chief of police
would be required to report a justifiable homicide under this
section, only the chief of police shall report the homicide.



13023. (a) Subject to the availability of adequate funding, the
Attorney General shall direct local law enforcement agencies to
report to the Department of Justice, in a manner to be prescribed by
the Attorney General, any information that may be required relative
to hate crimes. This information may include any general orders or
formal policies on hate crimes and the hate crime pamphlet required
pursuant to Section 422.92.
(b) On or before July 1 of each year, the Department of Justice
shall submit a report to the Legislature analyzing the results of the
information obtained from local law enforcement agencies pursuant to
this section.
(c) For purposes of this section, "hate crime" has the same
meaning as in Section 422.55.
REPORTS TO THE BUREAU OF LIVESTOCK
IDENTIFICATION

13050. Each sheriff or other officer to whom a complaint that
relates to the loss or theft of any equine animal is made shall, in a
timely manner, transmit to the Bureau of Livestock Identification a
report pursuant to Section 24104 of the Food and Agricultural Code.




13051. The Bureau of Livestock Identification shall compile a
report on information received pursuant to Section 24104 of the Food
and Agricultural Code. The bureau shall distribute the report to all
county sheriffs' departments in a timely manner.
CRIMINAL OFFENDER RECORD INFORMATION
Legislative Findings and Definitions

13100. The Legislature finds and declares as follows:
(a) That the criminal justice agencies in this state require, for
the performance of their official duties, accurate and reasonably
complete criminal offender record information.
(b) That the Legislature and other governmental policymaking or
policy-researching bodies, and criminal justice agency management
units require greatly improved aggregate information for the
performance of their duties.
(c) That policing agencies and courts require speedy access to
information concerning all felony and selected misdemeanor arrests
and final dispositions of such cases.
(d) That criminal justice agencies may require regular access to
detailed criminal histories relating to any felony arrest that is
followed by the filing of a complaint.
(e) That, in order to achieve the above improvements, the
recording, reporting, storage, analysis, and dissemination of
criminal offender record information in this state must be made more
uniform and efficient, and better controlled and coordinated.



13100.1. (a) The Attorney General shall appoint an advisory
committee to the California-Criminal Index and Identification
(Cal-CII) system to assist in the ongoing management of the system
with respect to operating policies, criminal records content, and
records retention. The committee shall serve at the pleasure of the
Attorney General, without compensation, except for reimbursement of
necessary expenses.
(b) The committee shall consist of the following representatives:

(1) One representative from the California Police Chiefs'
Association.
(2) One representative from the California Peace Officers'
Association.
(3) Three representatives from the California State Sheriffs'
Association.
(4) One trial judge appointed by the Judicial Council.
(5) One representative from the California District Attorneys'
Association.
(6) One representative from the California Court Clerks'
Association.
(7) One representative from the agency or agencies designated by
the Director of Finance pursuant to Section 13820.
(8) One representative from the Chief Probation Officers'
Association.
(9) One representative from the Department of Corrections.
(10) One representative from the Department of the California
Highway Patrol.
(11) One member of the public, appointed by the Senate Committee
on Rules, who is knowledgeable and experienced in the process of
utilizing background clearances.
(12) One member of the public, appointed by the Speaker of the
Assembly, who is knowledgeable and experienced in the process of
utilizing background clearances.



13100.2. (a) The designee of the Attorney General shall serve as
chair of the committee.
(b) The Department of Justice shall provide staff and support for
the committee.
(c) The committee shall meet at least twice annually.
Subcommittees shall be formed and meet as necessary. All meetings
shall be open to the public and reports shall be made available to
the Legislature and other interested parties.



13101. As used in this chapter, "criminal justice agencies" are
those agencies at all levels of government which perform as their
principal functions, activities which either:
(a) Relate to the apprehension, prosecution, adjudication,
incarceration, or correction of criminal offenders; or
(b) Relate to the collection, storage, dissemination or usage of
criminal offender record information.



13102. As used in this chapter, "criminal offender record
information" means records and data compiled by criminal justice
agencies for purposes of identifying criminal offenders and of
maintaining as to each such offender a summary of arrests, pretrial
proceedings, the nature and disposition of criminal charges,
sentencing, incarceration, rehabilitation, and release.
Such information shall be restricted to that which is recorded as
the result of an arrest, detention, or other initiation of criminal
proceedings or of any consequent proceedings related thereto. It
shall be understood to include, where appropriate, such items for
each person arrested as the following:
(a) Personal indentification.
(b) The fact, date, and arrest charge; whether the individual was
subsequently released and, if so, by what authority and upon what
terms.
(c) The fact, date, and results of any pretrial proceedings.
(d) The fact, date, and results of any trial or proceeding,
including any sentence or penalty.
(e) The fact, date, and results of any direct or collateral review
of that trial or proceeding; the period and place of any
confinement, including admission, release; and, where appropriate,
readmission and rerelease dates.
(f) The fact, date, and results of any release proceedings.
(g) The fact, date, and authority of any act of pardon or
clemency.
(h) The fact and date of any formal termination to the criminal
justice process as to that charge or conviction.
(i) The fact, date, and results of any proceeding revoking
probation or parole.
It shall not include intelligence, analytical, and investigative
reports and files, nor statistical records and reports in which
individuals are not identified and from which their identities are
not ascertainable.


13103. Notwithstanding any other provisions of law relating to
retention of public records, any criminal justice agency may cause
the original records filed pursuant to this chapter to be destroyed
if all of the following requirements are met:
(a) The records have been reproduced onto microfilm or optical
disk, or by any other techniques which do not permit additions,
deletions, or changes to the original document.
(b) If the records have been reproduced onto optical disk, at
least one year has elapsed since the date of registration of the
records.
(c) The nonerasable storage medium used meets the minimum
standards recommended by the National Institute of Standards and
Technology for permanent record purposes.
(d) Adequate provisions are made to ensure that the nonerasable
storage medium reflects additions or corrections to the records.
(e) A copy of the nonerasable storage medium is maintained in a
manner which permits it to be used for all purposes served by the
original record.
(f) A copy of the nonerasable storage medium has been stored at a
separate physical location in a place and manner which will
reasonably assure its preservation indefinitely against loss or
destruction.



13104. Any certified reproduction of any record stored on a
nonerasable storage medium under the provisions of this chapter shall
be deemed to be a certification of the original record.
Recording Information


13125. All basic information stored in state or local criminal
offender record information systems shall be recorded, when
applicable and available, in the form of the following standard data
elements:


The following personal identification data:
Name--(full name)
Aliases
Monikers
Race
***
Date of birth
Place of birth (state or country)
Height
Weight
Hair color
Eye color
CII number
FBI number
Social security number
California operators license number
Fingerprint classification number
Henry
NCIC
Address
The following arrest data:
Arresting agency
Booking number
Date of arrest
Offenses charged
Statute citations
Literal descriptions
Police disposition
Released
Cited and released
Turned over to
Complaint filed
The following misdemeanor or infraction data
or preliminary hearing data:
County and court name
Date complaint filed
Original offenses charged in a complaint or citation
Held to answer
Certified plea
Disposition
Not convicted
Dismissed
Acquitted
Court trial
Jury trial
Convicted
Plea
Court trial
Jury trial
Date of disposition
Convicted offenses
Sentence
Proceedings suspended
Reason suspended
The following superior court data:
County
Date complaint filed
Type of proceeding
Indictment
Information
Certification
Original offenses charged in indictment or
information
Disposition
Not convicted
Dismissed
Acquitted
Court trial
Jury trial
On transcript
Convicted--felony, misdemeanor
Plea
Court trial
Jury trial
On transcript
Date of disposition
Convicted offenses
Sentence
Proceedings suspended
Reason suspended
Source of reopened cases
The following corrections data:
Adult probation
County
Type of court
Court number
Offense
Date on probation
Date removed
Reason for removal
Jail (unsentenced prisoners only)
Offenses charged
Name of jail or institution
Date received
Date released
Reason for release
Bail on own recognizance
Bail
Other
Committing agency
County jail (sentenced prisoners only)
Name of jail, camp, or other
Convicted offense
Sentence
Date received
Date released
Reason for release
Committing agency
Youth Authority
County
Type of court
Court number
Youth Authority number
Date received
Convicted offense
Type of receipt
Original commitment
Parole violator
Date released
Type of release
Custody
Supervision
Date terminated
Department of Corrections
County
Type of court
Court number
Department of Corrections number
Date received
Convicted offense
Type of receipt
Original commitment
Parole violator
Date released
Type of release
Custody
Supervision
Date terminated
Mentally disordered *** offenders
County
Hospital number
Date received
Date discharged
Recommendation



13127. Each recording agency shall insure that each portion of a
criminal offender record that it originates shall include, for all
felonies and reportable misdemeanors, the state or local unique and
permanent fingerprint identification number, within 72 hours of
origination of such records, excluding Saturday, Sunday, and
holidays.



13128. For purposes of the maintenance of criminal records pursuant
to Chapter 4 (commencing with Section 653.75) of Title 15, whenever
a person is arrested for a public offense committed while in custody
in any local detention facility, as defined in Section 6031.4, or any
state prison, as defined in Section 4504, the state summary criminal
history record shall include the section number of the public
offense violated and information related to the "in custody" status
of that person.
Reporting Information


13150. For each arrest made, the reporting agency shall report to
the Department of Justice, concerning each arrest, the applicable
identification and arrest data described in Section 13125 and
fingerprints, except as otherwise provided by law or as prescribed by
the Department of Justice.



13151. The superior court that disposes of a case for which an
arrest was required to be reported to the Department of Justice
pursuant to Section 13150 or for which fingerprints were taken and
submitted to the Department of Justice by order of the court shall
assure that a disposition report of such case containing the
applicable data elements enumerated in Section 13125, or Section
13151.1 if such disposition is one of dismissal, is furnished to the
Department of Justice within 30 days according to the procedures and
on a format prescribed by the department. The court shall also
furnish a copy of such disposition report to the law enforcement
agency having primary jurisdiction to investigate the offense alleged
in the complaint or accusation. Whenever a court shall order any
action subsequent to the initial disposition of a case, the court
shall similarly report such proceedings to the department.



13151.1. When a disposition described in Section 13151 is one of
dismissal of the charge, the disposition report shall state one of
the following reasons, as appropriate:
(a) Dismissal in furtherance of justice, pursuant to Section 1385
of the Penal Code. In addition to this dismissal label, the court
shall set forth the particular reasons for dismissal.
(b) Case compromised; defendant discharged because restitution or
other satisfaction was made to the injured person, pursuant to
Sections 1377 and 1378.
(c) Court found insufficient cause to believe defendant guilty of
a public offense; defendant discharged without trial pursuant to
Section 871.
(d) Dismissal due to delay; action against defendant dismissed
because the information was not filed or the action was not brought
to trial within the time allowed by Section 1381, 1381.5, or 1382.
(e) Accusation set aside pursuant to Section 995. In addition to
this dismissal label, the court shall set forth the particular
reasons for the dismissal.
(f) Defective accusation; defendant discharged pursuant to Section
1008, when the action is dismissed pursuant to that section after
demurrer is sustained, because no amendment of the accusatory
pleading is permitted or amendment is not made or filed within the
time allowed.
(g) Defendant became a witness for the people and was discharged
pursuant to Section 1099.
(h) Defendant discharged at trial because of insufficient
evidence, in order to become a witness for his codefendant pursuant
to Section 1100.
(i) Judgment arrested; defendant discharged, when the court finds
defects in the accusatory pleading pursuant to Sections 1185 to 1187,
inclusive, and defendant is released pursuant to Section 1188.
(j) Judgment arrested; defendant recommitted, when the court finds
defects in the accusatory pleading pursuant to Sections 1185 to
1187, inclusive, and defendant is recommitted to answer a new
indictment or information pursuant to Section 1188.
(k) Mistrial; defendant discharged. In addition to this dismissal
label, the court shall set forth the particular reasons for its
declaration of a mistrial.
(l) Mistrial; defendant recommitted. In addition to this dismissal
label, the court shall set forth the particular reasons for its
declaration of a mistrial.
(m) Any other dismissal by which the case was terminated. In
addition to the dismissal label, the court shall set forth the
particular reasons for the disposition.



13152. Admissions or releases from detention facilities shall be
reported by the detention agency to the Department of Justice within
30 days of such action.


13153. Criminal offender record information relating to arrests for
being found in any public place under the influence of intoxicating
liquor under subdivision (f) of Section 647 shall not be reported or
maintained by the Department of Justice without special individual
justification.


13154. Each reporting agency shall report to the Department of
Justice each arrest for the commission of a public offense while in
custody in any local detention facility, or any state prison, as
provided in Chapter 4 (commencing with Section 653.75) of Title 15,
for inclusion in that person's state summary criminal history record.
The report shall include the public offense committed and a
reference indicating that the offense occurred while the person was
in custody in a local detention facility or state prison.
Information Service

13175. When a criminal justice agency supplies fingerprints, or a
fingerprint identification number, or such other personal identifiers
as the Department of Justice deems appropriate, to the Department of
Justice, such agency shall, upon request, be provided with
identification, arrest, and, where applicable, final disposition data
relating to such person within 72 hours of receipt by the Department
of Justice.



13176. When a criminal justice agency entitled to such information
supplies fingerprints, or a fingerprint identification number, or
such other personal identifiers as the Department of Justice deems
appropriate, to the Department of Justice, such agency shall, upon
request, be provided with the criminal history of such person, or the
needed portion thereof, within 72 hours of receipt by the Department
of Justice.



13177. Nothing in this chapter shall be construed to prohibit the
Department of Justice from requiring criminal justice agencies to
report any information which is required by any other statute to be
reported to the department.

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