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OS GASO
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 03/04/13
ITEM NO. 3
COUNCIL AGENDA REPORT
February 28, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
JUDITH PROPP, TOWN ATTORNEY
CONSIDERATION OF ADOPTING AN URGENCY ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF COMMERCIAL OPERATIONS ENGAGED IN THE
SALES OF RETAIL FIREARMS, AMMUNITION AND /OR EXPLOSIVE
DEVICES
RECOMMENDATION:
If Council determines that an interim urgency ordinance placing a Town -wide temporary
moratorium on the establishment of commercial operations engaged in the sales of retail
firearms, ammunition, and /or explosive devices should be adopted, after opening and closing the
public hearing, and asking the Clerk Administrator to read the title of the proposed ordinance, it
is recommended the Town Council:
1. Make the required findings
2. Waive the reading of the urgency ordinance (4/5 vote required)
3. Move to adopt the urgency ordinance (4/5 vote required)
4. Instruct the Cleric to publish the urgency ordinance within 15 days after adoption.
BACKGROUND:
In December 2012, some community members asked the Council to adopt firearms and
ammunition regulations in the Town of Los Gatos in response to the tragic events in Newtown,
Connecticut and the opening of a new retail store selling firearms in Los Gatos. The Mayor
scheduled the matter for a Council meeting on February 4, 2013. Council heard comments from
members of the public at meetings on February 4, 2013, and a continued meeting on February
1 1, 2013. Most of the speakers spoke in support of or opposition to Templar Sports, while others
spoke in favor of or against additional firearms regulation.
The Town Municipal Code does not currently provide any restrictions or authority to address the
sale of firearms, ammunition, and explosive devices, except for sales to minors. Therefore, at a
Reviewed by: 4rAssistant Town Manager tt1; Town Attorney Finance
N:\A 'FY \Planning\F1R EAR NIS\Pirearms Urgency report Final.docRelormatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Firearms Urgency Ordinance
February 28, 2013
Special Town Council meeting on February 11, 2013, Council adopted staffs recommendation
to research, study, and return with information necessary to consider potential Town ordinances
and policy changes to:
• Designate which land use zones may be appropriate for sale of firearms and ammunition,
including consideration of appropriate proximity limits from schools, parks and selected
establishments;
• Require a Conditional Use Permit for the sale of firearms and ammunition;
• Restrict home occupation permits for sale of firearms and ammunition;
• Establish a Police Permit requirement for dealers of firearms and ammunition;
• Require identification checks for the sale of ammunition; and /or
• Require the reporting of lost or stolen firearms.
In addition, Council directed staff to prepare an urgency ordinance for the meeting of March 4,
2013, to consider placing a temporary moratorium on the establishment of commercial
operations engaged in the sale of firearms, ammunition, and /or explosive devices within the
Town of Los Gatos to allow time to study and consider the land use issues related to firearms and
ammunition sales, as described above.
DISCUSSION:
Moratorium
Government Code Section 65858(x) authorizes a jurisdiction to adopt, as an urgency measure, an
interim zoning ordinance (also referred to as an "urgency ordinance ") prohibiting certain uses
which may be in conflict with the general plan, specific plan or zoning ordinance which a
jurisdiction is considering, without following the procedures otherwise required for the adoption
of a zoning ordinance, Before adopting or extending an urgency ordinance, Council must make
a finding that there is a current and immediate threat to public health, safety or welfare, or that
the approval of additional development applications would result in such a threat, Such an
ordinance requires a four -fifths vote of the Town Council for adoption and shall be effective
immediately upon adoption for no more than 45 clays. Thereafter, the Town Council may further
extend the urgency ordinance for 10 months and 15 days after a noticed public hearing, and may
subsequently extend the urgency ordinance for one additional year. Ten days prior to the
expiration of the ordinance, the Town Council shall issue a written report describing the
measures taken to alleviate the conditions which led to the adoption of the ordinance.
Justification for Moratorium
A temporary moratorium will prevent new commercial operations engaged in the sale of
firearms, ammunition, and /or explosive devices from locating in the Town until land use related
procedures and regulations are considered and adopted. Without an immediate moratorium in
place, a new firearms dealer could obtain a "Town business license within a matter of days which
occurred previously with Templar Sports.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: Firearms Urgency Ordinance
February 28, 2013
Adoption of a temporary moratorium would allow Town staff time to:
• Consider community concerns regarding the sales, repair, and /or manufacturing of
firearms, ammunition, and /or explosive devices;
• Determine appropriate zoning for such firearms related businesses, including home
occupation permits ;
• Research and evaluate firearms regulations in California, including other Bay Area cities
and the Counties of Santa Clara and Santa Cruz;
• Study and determine what local regulations may be appropriate for business operations
engaged in the sale, repair, and /or manufacturing of firearms, ammunition, and /or
explosive devices; and
• Determine other appropriate controls related to firearms for the protection of public
health, safety and welfare in the community.
Initial review of the law in this area concludes that the federal Constitution upholds an
individual's right to possess handguns for lawful purposes. However, federal and state cases
and statutory laws also indicate that local regulations may be applied that impose reasonable
conditions and qualifications on the commercial sale of firearms and ammunition. Existing
conforming commercial operations engaged in the sale of firearms and /or ammunition within
Town limits would not be affected by this moratorium. Currently, there are no known
conforming commercial operations engaged in the sale of explosive devices within the Town
limits.
Required Findings
As noted above, before adopting or extending an urgency ordinance, Council must make a
finding that there is a current and immediate threat to public health, safety or welfare, or that the
approval of additional development applications would result in such a threat.
The proposed interim urgency ordinance addresses the need for the immediate preservation of
the public h e a l t h, s a f e t y, a n d welfare. The facts constituting urgency and a current
and immediate threat to the public health, safety and welfare are as follows:
• While the Town studies the issues requested by Town Council on February 11, 2013,
considerable uncertainty exists as to whether the operation o f future
commercial sales of firearms, ammunition, and /or explosive devices within the
Town of Los Gatos will be subject to future land use regulations (zoning,
conditional use permit, etc.) and ultimately be in conflict with the Town Code.
• Without any current regulations in place, the Town has no ability to withhold a business
license for a business engaged in the sales of firearms and /or ammunition or prevent a
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: Firearms Urgency Ordinance
rebrua, y 28, 2013
commercial establishment selling firearms and /or ammunition from expansion in a zone
allowing retail sales.
• Concerns and complaints related to vandalism, threats, and protests in front of Templar
Sports located at 611 University Avenue,
• The proximity of firearms and ammunition sales near schools, and parks, and along
designated school routes (Safe Routes to Schools)
Recent events throughout the nation and in nearby communities have generated additional fear of
random usage of firearms to commit violence on unsuspecting residents, minors and adults alike.
CONCLUSION:
Adoption of the urgency ordinance will provide a temporary prohibition on establishing new
retail establishments for the sale of firearm, ammunition and /or explosive devices. Such a
temporary prohibition would allow staff time to study the issue and potentially develop
recommendations to regulate firearm, ammunition, and /or explosive device sales. Town staff
estimates that the entire process including study, consideration, and any implementation directed
by Council will be completed within 4 -6 months.
ENVIRONMENTAL ASSESSMENT:
The proposed moratorium ordinance is exempt from review under the California Environmental
Quality Act (CEQA), pursuant to Sections 15060(()(2), 15060(()(3), and 15601(b)(3), because
the proposal will not result in a direct or reasonably foreseeable indirect physical change in the
environment, and only directs that a planning study be undertaken.
FISCAL IMPACT:
Approval of this Urgency Ordinance would have no fiscal impact on the Town of Los Gatos.
However, the extensive research and wort( required for this issue to be studied will require a
significant commitment of staff time.
Attachments:
1. Proposed Urgency Interim Ordinance
2. Materials hand - delivered at February 11, 2013, Town Council meeting by public speaker,
Jess Guy
3. Public comments received from "Thursday, February 14, through 12:00 p.m. on Thursday,
February 28, 2013
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS IMPOSING A
TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL
OPERATIONS ENGAGED IN THE SALE OF FIREARMS, AMMUNITION, AND /OR
EXPLOSIVE DEVICES WTHIN THE TOWN OF LOS GATOS AND DECLARAING
THE URGENCY THEREOF
WHEREAS, Government at all levels has a substantial interest in protecting the people
from those who acquire guns lawfully or illegally and then use them to commit crimes resulting
in injury or death of their victims or who use them in the commission of other coercive crimes
such as robbery and sexual assault.
WHEREAS, the sales of firearms and ammunition are not currently regulated under the
Los Gatos Town Code.
WHEREAS, the sale of firearms, ammunition and /or explosive devices has raised the
following public health, safety and welfare concerns: school safety; parks, school routes, and
residences in close proximity to such sales; potential negative influences of such sales on
children; concerns and complaints about vandalism, protests, and threats related to the existing
retail firearms dealer in Los Gatos.
WHEREAS, at the Town Council meetings on February 4, 2013 and February 11, 2013,
Town Council received extensive public comments for approximately five hours on the issue of
whether the Town of Los Gatos should consider adopting regulations concerning the business
operations and sales of firearms, ammunition, and /or explosive devices. While the comments
were divided as to those who support firearms regulations and those that do not, at the
conclusion of the February 11, 2013 meeting, Town Council directed Town staff to study the
issues raised by the community during the Council meetings.
WHEREAS, while the Town studies the issues requested by Town Council on February
11, 2013 concerning potential land use regulations of the sale of firearms, ammunition and
explosive devices, considerable uncertainty exists as to whether f u t u r e s a l e s of firearms,
ammunition, and /or explosive devices within the Town of Los Gatos will be subject to new
land use regulations (zoning, conditional use permit, etc.) and ultimately be in conflict with the
existing Town Code. Without an immediate moratorium, a new retail establishment selling
firearms could obtain a business license in the Town of Los Gatos within a matter of a few
business days, similar to the process that occurred for Templar Sports.
WHEREAS, other California cities adopted zoning ordinances and business regulations
that govern the sales of firearms and ammunition. The State of California Legislature is
currently considering new legislative bills this Session to further regulate the sale of firearms and
ammunition. The County of Santa Cruz adopted a moratorium on an urgency basis in January
2013 prohibiting new commercial sales of firearms and ammunition.
ATTACHPIENT 1
WHEREAS, recent events ttiroughout the County of Santa Clara and nearby communities
have generated additional fear of random usage of guns to commit violence on unsuspecting
residents, minors and adults alike.
WHEREAS, the toll taken on society, both locally and nationally, by firearm violence is
enormous and is most graphically and tragically illustrated by the recent epidemic of random
lass terrorist -style executions across the country in: Aurora, Colorado; Columbine, Colorado;
Atlanta, Georgia; Fort Worth, Texas; Washington DC; Chicago, Illinois; Birchwood, Wisconsin;
Brookfield, Wisconsin; Nickel Mines, Pennsylvania; Delaware State University; Omaha,
Nebraska; Carnation, Washington; suburban Chicago; Northern Illinois University; Virginia
Tech University; Alger, Washington; Covina, California; Alabama; North Carolina; Santa Clara,
California; Binghamton, New York; Texas Southern University; Fort Hood, Texas; University of
Alabama at Huntsville; Tucson, Arizona; Oakland, California; Oak Creek, Wisconsin; New York
City; Minneapolis, Mirmesota; Milwaukee, Wisconsin; Tustin, California; and, in December
2012, Newtown, Connecticut, a small community that is similar to Los Gatos in many respects.
All of these tragedies occurred within the last thirteen years, and killed 774 people, including at
least 161 young children.
Section 1. PURPOSE AND FINDINGS
A. The above recitals are incorporated herein and each relied upon independently by
the Town Council as findings for its adoption of this urgency interim ordinance.
B. The Town of Los Gatos Zoning Ordinance does not currently include regulation
concerning the sale of firearms, ammunition or explosive devices.
C. The Town Council recently conducted approximately five hours of community
discussions during Town Council meetings on February 4, 2013 and February 11, 2013 and
received many concerned comments urging the Town Council to regulate the sale of firearms,
ammunition, and /or explosive devices.
D. Additional time is necessary for the Town to study the issues raised by the
community and Town Council concerning the sales of firearms, ammunition, and explosive
devices,
E. Adoption of the urgency interim ordinance imposing a temporary moratorium on
establislunent of commercial operations engaged in the sale of firearms, ammunition, and /or
explosive devices is necessary to avoid the previously identified current and immediate threat to
the public health, safety, and welfare.
Section 2. INTERIM MORATORIUM IMPOSED
For a period of forty -five (45) days, commencing on the date of the adoption of this
urgency interim ordinance, or until such time as this urgency interim ordinance may expire
subject to any extension of this urgency interim ordinance that the Town Council may adopt and
approve pursuant to Govermrient Code Section 65858, no zoning ordinance interpretation or
amendment, or amendment to the General Plan, use permit, building permit, business license, or
any other permit or entitlement for use shall be approved or issued for the approval,
commencement, establishment or operation of, and no new person or entity shall operate,
manage or conduct the sale of firearms, ammunition, and /or explosive devices upon any property
in any zoning district within the Town of Los Gatos during the period this urgency interim
ordinance is in effect. For the purpose of this period of the urgency interim ordinance, any
existing person or entity currently issued and holding a valid Federal Firearms License and State
Certificate of Eligibility for the sale of firearms and /or ammunition shall not be prohibited from
continuing their current existing business operations.
Section 3. URGENCY ORDINANCE; EFFECTIVE DATE AND DURATION
Based on the findings set forth in the recitals and Section 1 herein, the recent community
concerns, and immediate threat to the public health, safety, or welfare exists. This ordinance is
necessary to alleviate and address that threat until permanent land use regulations can be
established.
Therefore, this ordinance is adopted as an urgency ordinance pursuant to Government
Code Section 65858 and shall take effect immediately upon approval by a four -fifths vote of the
Town Council. This ordinance shall be in full force and effect for a period of forty -five (45) days
from and after the date of its adoption unless this period is extended by the Town Council in
accordance with Government Code Section 65858.
Ten (10) days prior to the expiration of this interim ordinance or any extension thereof,
the Town Council shall issue a written report describing the measures that have been taken to
study the relevant issues and to establish policies and regulations regarding commercial
operations engaged in the sale of firearms, ammunition, and /or explosive devices within the
Town.
Section 4. ENVIRONMENTAL ANALYSIS
The ordinance is exempt from review under the California Environmental Quality Act
(CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal
will not result in a direct or reasonably foreseeable indirect physical change in the environment,
and only directs that a planning study be undertaken.
The ordinance is categorically exempt from CEQA under Section 15308 of the State CEQA
Guidelines. This ordinance is a regulatory action taken by the Town in accordance with
Government Code Section 65858, to assure maintenance and protection of the environment
pending the completion of contemplated zoning ordinance revisions.
Section 5. SEVERABILITY
If any section, subsection, phrase, or clause of this ordinance is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The Town Council hereby declares that it would have passed this ordinance and each
section, subsection, phrase or clause thereof irrespective of the fact that any one or more
sections, subsections, phrases, or clauses be declared unconstitutional.
Section 6. PUBLICATION
This ordinance shall be published in accordance with the provisions of Government Code
Section 36933.
Section 7, ADOPTION and DFFLCTIVL DATE
For the reasons set forth in the legislative Findings, this ordinance is declared to be an
urgency ordinance intended to preserve the public peace, health and safety and is adopted as such
pursuant to California Government Code section 36937.
This ordinance shall take effect immediately and be enforce immediately upon its final
adoption for 45 clays.
Passed and adopted by the Town Council of the Town of Los Gatos as an urgency
ordinance this 4th day of March, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DISQUALIFIED:
APPROVED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Mazarin Vakharia, City Clerk Administrator
California Penal Code
Part I. Of Crimes and Punishment
Title 15. Miscellaneous Crimes
Chapter 1. Schools
626.9. Gun -Free School Zone Act
(a) This section shall be known, and may be
cited, as the Gun -Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a
place that the person knows, or reasonably
should know, is a school zone, as defined in par-
agraph (1) of subdivision (e), unless it is with the
written permission of the school district superin-
tendent, his or her designee, or equivalent
school authority, shall be punished as specified
in subdivision (f).
(c) Subdivision (b) does not apply to the pos-
session of a firearm under any of the following
circumstances:
(1) Within a place of residence or place of
business or on private property, if the place of
residence, place of business, or private property
is not part of the school grounds and the pos-
session of the firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, re-
volver, or other firearm .capable of being con-
cealed on the person and is in a locked contain-
er or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the
otherwise lawful transportation of any other fire-
arm, other than a pistol, revolver, or other fire-
arm capable of being concealed on the person,
in accordance with state law.
(3) When the person possessing the firearm
reasonably believes that he or she is in grave
danger because of circumstances forming the
basis of a current restraining order issued by a
court against another person or persons who
has or have been found to pose a threat to his or
her life or safety. This subdivision may not apply
when the circumstances involve a mutual re-
straining order issued pursuant to Division 10
(commencing with Section 6200) of the Family
Code absent a factual finding of a specific threat
to the person's life or safety. Upon a trial for vio-
lating subdivision (b), the trier of a fact shall de-
termine whether the defendant was acting out of
a reasonable belief that he or she was in grave
danger.
(4) When the person is exempt from the pro-
hibition against carrying a concealed firearm
pursuant to subdivision (b), (d), (e), or (h) of
Section 12027.
(d) Except as provided in subdivision (b), it
shall be unlawful for any person, with reckless
disregard for the safety of another, to discharge,
or attempt to discharge, a firearm in a school
zone, as defined in paragraph (1) of subdivision
(e).
The prohibition contained in this subdivision
does not apply to the discharge of a firearm to
the extent that the conditions of paragraph (1) of
subdivision (c) are satisfied.
(e) As used in this section, the following
definitions shall apply:
(1) "School zone" means an area in, or on the
grounds of, a public or private school providing
instruction in kindergarten or grades 1 to 12, in-
clusive, or within a distance of 1,000 feet from
the grounds of the public or private school.
CALIFORNIA
CAL. CODE
(2) "Firearm" has the same meaning as that
term is given in Section 12001.
(3) "Locked container" has the same meaning
as that term is given in subdivision (c) of Section
12026.1.
(4) "Concealed firearm" has the same mean-
ing as that term is given in Sections 12025 and
12026.1.
(f)(1) Any person who violates subdivision (b)
by possessing a firearm in, or on the grounds of,
a public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive, shall
be punished by imprisonment in the state prison
for two, three, or five years.
(2) Any person who violates subdivision (b) by
possessing a firearm within a distance of 1,000
feet from the grounds of a public or private
school providing instruction in kindergarten or
grades 1 to 12, inclusive, shall be punished as
follows:
(A) By imprisonment in the state prison for
two, three, or five years, if any of the following
circumstances apply:
(1) If the person previously has been convicted
of any felony, or of any crime made punishable
by Chapter 1 (commencing with Section 12000)
of Title 2 of Part 4.
(ii) If the person is within a class of persons
prohibited from possessing or acquiring a fire-
arm pursuant to Section 12021 or 12021.1 of
this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(iii) If the firearm is any pistol, revolver, or
other firearm capable of being concealed upon
the person and the offense is punished as a
felony pursuant to Section 12025.
(B) By imprisonment in a county jail for not
more than one year or by imprisonment in the
state prison for two, three, or five years, in all
cases other than those specified in subpara-
graph (A).
(3) Any person who violates subdivision (d)
shall be punished by imprisonment in the state
prison for three, five, or seven years.
(g)(1) Every person convicted under this sec-
tion for a misdemeanor violation of subdivision
(b) who has been convicted previously of a mis-
demeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a
county jail for not less than three months, or if
probation is granted or if the execution or impo-
sition of sentence is suspended, it shall be a
condition thereof that he or she be imprisoned in
a county jail for not less than three months.
(2) Every person convicted under this section
of a felony violation of subdivision (b) or (d) who
has been convicted previously of a misdemea-
nor offense enumerated in Section 12001.6, if
probation is granted or if the execution of sen-
tence is suspended, It shall be a condition there-
of that he or she be imprisoned in a county jail
for not less than three months.
(3) Every person convicted under this section
for a felony violation of subdivision (b) or (d) who
has been convicted previously of any felony, or
of any crime made punishable by Chapter 1
(commencing with Section 12000) of Title 2 of
Part 4, if probation is granted or if the execution
or imposition of sentence is suspended, it shall
be a condition thereof that he or she be im-
prisoned in a county jail for not less than three
months.
(4) The court shall apply the three -month min-
imum sentence specified in this subdivision, ex-
cept in unusual cases where the interests of
justice would best be served by granting proba-
tion or suspending the execution or imposition of
sentence without the minimum imprisonment re-
quired in this subdivision or by granting proba-
tion or suspending the execution or imposition of
sentence with conditions other than those set
forth in this subdivision, in which case the court
shall specify on the record and shall enter on the
minutes the circumstances indicating that the in-
terests of justice would best be served by this
disposition.
(h) Notwithstanding Section 12026, any per-
son who brings or possesses a loaded firearm
upon the grounds of a campus of, or buildings
owned or operated for student housing, teach-
ing, research, or administration by, a public or
private university or college, that are contiguous
or are clearly marked university property, unless
it is with the written permission of the university
or college president, his or her designee, or
equivalent university or college authority, shall
be punished by imprisonment in the state prison
for two, three, or four years. Notwithstanding
subdivision (k), a university or college shall post
a prominent notice at primary entrances on non-
contiguous property stating that firearms are
prohibited on that property pursuant to this sub-
division.
(i) Notwithstanding Section 12026, any per-
son who brings or possesses a firearm upon the
grounds of a campus of, or buildings owned or
operated for student housing, teaching, re-
search, or administration by, a public or private
university or college, that are contiguous or are
clearly marked university property, unless it is
with the written permission of the university or
college president, his or her designee, or equiv-
alent university or college authority, shall be
punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdi-
vision (k), a university or college shall post a
prominent notice at primary entrances on non-
contiguous property stating that firearms are
prohibited on that property pursuant to this sub-
division.
(j) For purposes of this section, a firearm shall
be deemed to be loaded when there is an unex-
pended cartridge or shell, consisting of a case
that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the fire-
arm, including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to
the firearm. A muzzle - loader firearm shall be
deemed to be loaded when it is capped or
primed and has a powder charge and ball or
shot in the barrel or cylinder.
(k) This section does not require that notice
be posted regarding the proscribed conduct.
(1) This section does not apply to a duly ap-
pointed 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 arrests 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
ATTACHMENT 2
Page 19
holding a valid license to carry the firearm pur-
suant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4, or an
armored vehicle guard, engaged in the perform-
ance of his or her duties, as defined in subdivi-
sion (e) of Section 7521 of the Business and
Professions Code.
(m) This section does not apply to a security
guard authorized to carry a loaded firearm pur-
suant to Section 12031.
(n) This section does not apply to an existing
shooting range at a public or private school or
university or college campus.
(o) This section does not apply to an honor-
ably retired peace officer authorized to cant' a
concealed or loaded firearm pursuant to subdivi-
sion (a) or (i) of Section 12027 or paragraph (1)
or (8) of subdivision (b) of Section 12031.
626.95. Violations of §§ 417, 12025, or
12031; punishment; legislative intent
(a) Any person who is in violation of para-
graph (2) of subdivision (a), or subdivision (b), of
Section 417, or Section 12025 or 12031, upon
the grounds of or within a playground, or a pub-
lic or private youth center during hours in which
the facility is open for business, classes, or
school - related programs, or at any time when
minors are using the facility, knowing that he or
she is on or within those grounds, shall be pun -
ished by imprisonment in the state prison for
one, two, or three years, or in a county jail not
exceeding one year.
(b) State and local authorities are encouraged
to cause signs to be posted around playgrounds
and youth centers giving warning of prohibition
of the possession of firearms upon the grounds
of or within playgrounds or youth centers.
(c) For purposes of this section, the following
definitions shall apply:
(1) "Playground" means any park or recrea-
tional area specifically designed to be used by
children that has play equipment installed, in-
cluding public grounds designed for athletic
activities such as baseball, football, soccer, or
basketball, or any similar facility located on pub-
lic or private school grounds, or on city or county
parks.
(2) "Youth center" means any public or private
facility that is used to host recreational or social
activities for minors while minors are present.
(d) It is the Legislature's intent that only an ac-
tual conviction of a felony of one of the offenses
specified in this section would subject the
person to firearms disabilities under the federal
Gun Control Act of 1968 (P.L. 90 -618; 18 U.S.C.
Sec. 921).
Part 4. Prevention of Crimes and
Apprehension of Criminals
Title 2. Control of Deadly Weapons
Chapter 1. Firearms
Article 1. General Provisions
12000. Short Title This chapter shall be
known and may be cited as "The Dangerous
Weapons Control Law."
12001. Definitions
(a)(1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being con-
cealed upon the person" shall apply to and in-
clude any device designed to be used as a wea-
pon, from which is expelled a projectile by the
force of any explosion, or other form of combus-
tion, and that has a barrel less than 16 inches in
length. These terms also include any device that
has a barrel 16 inches or more in length which is
designed to be interchanged with a barrel less
than 16 inches in length.
(2) As used in this title, the term ".handgun"
means any "pistol," "revolver," or "firearm cap-
able of being concealed upon the person."
(b) As used in this title, "firearm" means any
device, designed to be used as a weapon, from
which is expelled through a barrel a projectile by
the force of any explosion or other form of com-
bustion.
(c) As used in Sections 12021, 12021.1,
12070, 12071, 12072, 12073, 12078, 12101,
and 12801 of this code, and Sections 8100,
8101, and 8103 of the Welfare and Institutions
Code, the term "firearm" includes the frame or
receiver of the weapon.
(d) For the purposes of Sections 12025 and
12031, the term "firearm" also shall include any
rocket, rocket propelled projectile launcher, or
similar device containing any explosive or incen-
diary material whether or not the device is de-
signed for emergency or distress signaling pur-
poses.
(e) For purposes of Sections 12070, 12071,
and paragraph (8) of subdivision (a), and
subdivisions (b), (c), (d), and (f) of Section
12072, the term "firearm" does not include an
unloaded firearm that is defined as an "antique
firearm" in Section 921(a)(16) of Title 18 of the
United States Code.
(f) Nothing shall prevent a device defined as a
"handgun," "pistol," "revolver," or "firearm cap-
able of being concealed upon the person" from
also being found to be a short- barreled shotgun
or a short- barreled rifle, as defined in Section
12020.
(g) For purposes of Sections 12551 and
12552, the term "BB device" means any instru-
ment that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the
force of air pressure, gas pressure, or spring
action, or any spot marker gun.
(h) As used in this title, "wholesaler" means
any person who is licensed as a dealer pursuant
to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regu-
lations issued pursuant thereto who sells, trans-
fers, or assigns firearms, or parts of firearms, to
persons who are licensed as manufacturers, im-
porters, or gunsmiths pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code, or persons licensed pursu-
ant to Section 12071, and includes persons who
receive finished parts of firearms and assemble
them into completed or partially completed fire-
arms in furtherance of that purpose.
"Wholesaler" shall not include a manufacturer,
importer, or gunsmith who is licensed to engage
in those activities pursuant to Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code or a person licensed pursu-
ant to Section 12071 and the regulations issued
pursuant thereto. A wholesaler also does not in-
clude those persons dealing exclusively in grips,
stocks, and other parts of firearms that are not
frames or receivers thereof.
(1) As used in Section 12071 or 12072,
"application to purchase" means any of the
following:
(1) The initial completion of the register by the
purchaser, transferee, or person being loaned
the firearm as required by subdivision (b) of Sec-
tion 12076.
(2) The initial completion and transmission to
the department of the record of electronic or tel-
ephonic transfer by the dealer on the purchaser,
transferee, or person being loaned the firearm
as required by subdivision (c) of Section 12076.
Q) For purposes of Section 12023, a firearm
shall be deemed to be "loaded" whenever both
the firearm and the unexpended ammunition
capable of being discharged from the firearm are
in the immediate possession of the same per-
son.
(k) For purposes of Sections 12021, 12021.1,
12025, 12070, 12072, 12073, 12078, 12101,
and 12801 of this code, and Sections 8100,
8101, and 8103 of the Welfare and Institutions
Code, notwithstanding the fact that the term "any
firearm" may be used in those sections, each
firearm or the frame or receiver of the same
shall constitute a distinct and separate offense
under those sections.
(1) For purposes of Section 12020, a violation
of that section as to each firearm, weapon, or
device enumerated therein shall constitute a
distinct and-separate offense.
(m) Each application that requires any fire-
arms eligibility determination involving the issu-
ance of any license, permit, or certificate pursu-
ant to this title shall include two copies of the ap-
plicant's fingerprints on forms prescribed by the
Department of Justice. One copy of the finger-
prints may be submitted to the United States
Federal Bureau of Investigation.
(n) As used in this chapter, a "personal hand-
gun Importer" means an individual who meets all
of the following criteria:
(1) He or she is not a person licensed pursu-
ant to Section 12071.
(2) He or she is not a licensed manufacturer
of firearms pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code.
(3) He or she is not a licensed importer of fire-
arms pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code and the regulations issued pursuant there-
to.
(4) He or she is the owner of a" handgun.
(5) He or she acquired that handgun outside
of California.
(6) He or she moves into this state on or after
January 1, 1998, as a resident of this state.
(7) He or she intends to possess that
handgun within this state on or after January 1,
1998.
(8) The handgun was not delivered to him or
her by a person licensed pursuant to Section
12071 who delivered that firearm following the
procedures set forth in Section 12071 and
subdivision (c) of Section 12072.
(9) He or she, while a resident of this state,
had not previously reported his or her ownership
of that handgun to the Department of Justice in
a manner prescribed by the department that
included information concerning him or her and
a description of the firearm.
(10) The handgun is not a firearm that is
prohibited by subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon,
as defined in Section 12276 or 12276.1.
(12) The handgun is not a machinegun, as
defined in Section 12200.
(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of sub-
division (n):
(1) Except as provided in paragraph (2), resi-
dency shall be determined In the same manner
as is the case for establishing residency pur-
suant to Section 12505 of the Vehicle Code.
(2) In the case of members of the Armed
Forces of the United States, residency shall be
Page 20
deemed to be established when he or she was
discharged from active service in this state.
(p) As used in this code, "basic firearms safe-
ty certificate" means a certificate issued by the
Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6
of Title 2 of Part 4, prior to January 1, 2003.
(q) As used in this code, "handgun safety cer-
tificate" means a certificate issued by the De-
partment of Justice pursuant to Article 8 (com-
mencing with Section 12800) of Chapter 6 of
Title 2 of Part 4, as that article is operative on or
after January 1, 2003.
(r) As used in this title, "gunsmith" means any
person who is licensed as a dealer pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regu-
lations issued pursuant thereto, who is engaged
primarily in the business of repairing firearms, or
making or fitting special barrels, stocks, or trig-
ger mechanisms to firearms, or the agent or em-
ployee of that person.
(s) As used in this title, "consultant- evaluator"
means a consultant or evaluator who, in the
course of his or her profession is loaned
firearms from a person licensed pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the
regulations issued pursuant thereto, for his or
her research or evaluation, and has a current
certificate of eligibility issued to him or her
pursuant to Section 12071.
12001.5. Manufacture, sale or possession
of a short- barreled shotgun or short- barreled
rifle Except as expressly provided in Section
12020, and solely in accordance with Section
12020, no person may manufacture, import into
this state, keep for sale, offer for sale, give, lend,
or possess any short- barreled shotgun or short-
barreled rifle, as defined in Section 12020, and
nothing else in this chapter shall be construed
as authorizing the manufacture, importation into
the state, keeping for sale, offering for sale, or
giving, lending, or possession of any short -bar-
reled shotgun or short- barreled rifle, as defined
in Section 12020,
12001.6. Offenses involving violent use of
firearm As used in this chapter, an offense
which involves the violent use of a firearm in-
cludes any of the following:
(a) A violation of paragraph (2) or (3) of subdi-
vision (a) of Section 245 or a violation of subdivi-
sion (d) of Section 245.
(b) A violation of Section 246.
(c) A violation of paragraph (2) of subdivision
(a) of Section 417.
(d) A violation of subdivision (c) of Section
417.
Article 2. Unlawful Carrying and Possession
of Weapons
12020. Manufacture, import, sale, supply
or possession of certain weapons and
explosives; punishment; exceptions;
definitions
(a) Any person in this state who does any of
the following is punishable by imprisonment in a
county jail not exceeding one year or in the state
prison:
(1) Manufactures or causes to be manufac-
tured, imports into the state, keeps for sale, or
offers or exposes for sale, or who gives, lends,
or possesses any cane gun or wallet gun, any
undetectable firearm, any firearm which is not
immediately recognizable as a firearm, any cam-
ouflaging firearm container, any ammunition
which contains or consists of any flechette dart,
any bullet containing or carrying an explosive
agent, any ballistic knife, any multiburst trigger
activator, any nunchaku, any short- barreled
shotgun, any short- barreled rifle, any metal
knuckles, any belt buckle knife, any leaded
cane, any zip gun, any shuriken, any unconven-
tional pistol, any lipstick case knife, any cane
sword, any shobi -zue, any air gauge knife, any
writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or
any instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sandclub,
sap, or sandbag.
(2) Commencing January 1, 2000, manufac-
tures or causes to be manufactured, imports into
the state, keeps for sale, or offers or exposes for
sale, or who gives, or lends, any large- capacity
magazine.
(3) Carries concealed upon his or her person
any explosive substance, other than fixed
ammunition.
(4) Carries concealed upon his or her person
any dirk or dagger.
However, a first offense involving any metal
military practice handgrenade or metal replica
handgrenade shall be punishable only as an in-
fraction unless the offender is an active partici-
pant in a criminal street gang as defined in the
Street Terrorism and Enforcement and Preven-
tion Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1). A bullet containing
or carrying an explosive agent is not a destruc-
tive device as that term is used in Section
12301.
(b) Subdivision (a) does not apply to any of
the following:
(1) The sale to, purchase by, or possession of
short- barreled shotguns or short- barreled rifles
by police departments, sheriffs' offices, mar -
shals' offices, the California Highway Patrol, the
Department of Justice, the Department of
Corrections and Rehabilitation, or the military or
naval forces of this state or of the United States
for use in the discharge of their official duties or
the possession of short- barreled shotguns and
short- barreled rifles by peace officer members of
a police department, sheriff's office, marshal's
office, the California Highway Patrol, the
Department of Justice, or the Department of
Corrections and Rehabilitation, when on duty
and the use is authorized by the agency and is
within the course and scope of their duties and
the peace officer has completed a training
course in the use of these weapons certified by
the Commis -sion on Peace Officer Standards
and Training.
(2) The manufacture, possession, transporta-
tion or sale of short- barreled shotguns or short-
barreled rifles when authorized by the Depart-
ment of Justice pursuant to Article 6 (commenc-
ing with Section 12095) and not in violation of
federal law.
(3) The possession of a nunchaku on the
premises of a school which holds a regulatory or
business license and teaches the arts of self -
defense.
(4) The manufacture of a nunchaku for sale
to, or the sale of a nunchaku to, a school which
holds a regulatory or business license and
teaches the arts of self- defense.
(5) Any antique firearm. For purposes of this
section, "antique firearm" means any firearm not
designed or redesigned for using rimfire or con-
ventional center fire ignition with fixed ammuni-
tion and manufactured in or before 1898 (includ-
ing any matchlock, flintlock, percussion cap, or
similar type of ignition system or replica thereof,
whether actually manufactured before or after
the year 1898) and also any firearm using fixed
ammunition manufactured in or before 1898, for
which ammunition is no longer manufactured in
the United States and is not readily available in
the ordinary channels of commercial trade.
(6) Tracer ammunition manufactured for use
in shotguns.
(7) Any firearm or ammunition that is a curio
or relic as defined in Section 478.11 of Title 27
of the Code of Federal Regulations and which is
in the possession of a person permitted to pos-
sess the items pursuant to Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code and the regulations issued
pursuant thereto. Any person prohibited by Sec -
tion 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institu-
tions Code from possessing firearms or ammuni-
tion who obtains title to these items by bequest
or intestate succession may retain title for not
more than one year, but actual possession of
these items at any time is punishable pursuant
to Section 12021, 12021.1, or 12101 of this code
or Section 8100 or 8103 of the Welfare and Insti-
tutions Code. Within the year, the person shall
transfer title to the firearms or ammunition by
sale, gift, or other disposition. Any person who
violates this paragraph is in violation of sub-
division (a).
(8) Any other weapon as defined in subsec-
tion (e) of Section 5845 of Title 26 of the United
States Code and which is in the possession of a
person permitted to possess the weapons pur-
suant to the federal Gun Control Act of 1968
(Public Law 90 -618), as amended, and the regu-
lations issued pursuant thereto. Any person pro-
hibited by Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare
and Institutions Code from possessing these
weapons who obtains title to these weapons by
bequest or intestate succession may retain title
for not more than one year, but actual posses-
sion of these weapons at any time is punishable
pursuant to Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare
and Institutions Code. Within the year, the per-
son shall transfer title to the weapons by sale,
gift, or other disposition. Any person who vio-
lates this paragraph is in violation of subdivision
(a). The exemption provided in this subdivision
does not apply to pen guns.
(9) Instruments or devices that are possessed
by federal, state, and local historical societies,
museums, and institutional collections which are
open to the public, provided that these instru-
ments or devices are properly housed, secured
from unauthorized handling, and, if the instru-
ment or device is a firearm, unloaded.
(10) Instruments or devices, other than short-
barreled shotguns or short- barreled rifles, that
are possessed or utilized during the course of a
motion picture, television, or video production or
entertainment event by an authorized participant
therein in the course of making that production
or event or by an authorized employee or agent
of the entity producing that production or event.
(11) Instruments or devices, other than short-
barreled shotguns or short- barreled rifles, that
are sold by, manufactured by, exposed or kept
for sale by, possessed by, imported by, or lent
by persons who are in the business of selling
instruments or devices listed in subdivision (a)
solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with
those entities.
(12) The sale to, possession of, or purchase
of any weapon, device, or ammunition, other
than a short- barreled rifle or short- barreled shot-
Page 21
gun, by any federal, state, county, city and
county, or city agency that is charged with the
enforcement of any law for use in the discharge
of their official duties, or the possession of any
weapon, device, or ammunition, other than a
short- barreled rifle or short - barreled shotgun, by
peace officers thereof when on duty and the use
is authorized by the agency and is within the
course and scope of their duties.
(13) Weapons, devices, and ammunition, oth-
er than a short- barreled rifle or short - barreled
shotgun, that are sold by, manufactured by, ex-
posed or kept for sale by, possessed by, im-
ported by, or lent by, persons who are in the
business of selling weapons, devices, and am-
munition listed in subdivision (a) solely to the en-
tities referred to in paragraph (12) when en-
gaging in transactions with those entities.
(14) The manufacture for, sale to, exposing or
keeping for sale to, importation of, or lending of
wooden clubs or batons to special police officers
or uniformed security guards authorized to carry
any wooden club or baton pursuant to Section
12002 by entities that are in the business of sell-
ing wooden batons or clubs to special police offi-
cers and uniformed security guards when en-
gaging in transactions with those persons,
(15) Any plastic toy handgrenade, or any
metal military practice handgrenade or metal
replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a
permanent inert substance or that is otherwise
permanently altered in a manner that prevents
ready modification for use as a grenade.
(16) Any instrument, ammunition, weapon, or
device listed in subdivision (a) that is not a fire-
arm that is found and possessed by a person
who meets all of the following:
(A) The person is not prohibited from pos-
sessing firearms or ammunition pursuant to Sec-
tion 12021 or 12021.1 or paragraph (1) of subdi-
vision (b) of Section 12316 of this code or Sec-
tion 8100 or 8103 of the Welfare and Institutions
Code.
(B) The person possessed the instrument,
ammunition, weapon, or device no longer than
was necessary to deliver or transport the same
to a law enforcement agency for that agency's
disposition according to law.
(C) If the person is transporting the listed
item, he or she is transporting the listed item to a
law enforcement agency for disposition accord-
ing to law.
(17) Any firearm, other than a short- barreled
rifle or short- barreled shotgun, that is found and
possessed by a person who meets all of the
following:
(A) The person is not prohibited from pos-
sessing firearms or ammunition pursuant to Sec -
tion 12021 or 12021.1 or paragraph (1) of subdi-
vision (b) of Section 12316 of this code or Sec-
tion 8100 or 8103 of the Welfare and Institutions
Code.
(B) The person possessed the firearm no
longer than was necessary to deliver or trans-
port the same to a law enforcement agency for
that agency's disposition according to law.
(C) If the person is transporting the firearm,
he or she is transporting the firearm to a law en-
forcement agency for disposition according to
law.
(D) Prior to transporting the firearm to a law
enforcement agency, he or she has given prior
notice to that law enforcement agency that he or
she is transporting the firearm to that law en-
forcement agency for disposition according to
law.
(E) The firearm is transported in a locked con-
tainer as defined in subdivision (d) of Section
12026.2.
(18) The possession of any weapon, device,
or ammunition, by a forensic laboratory or any
authorized agent or employee thereof in the
course and scope of his or her authorized
activities.
(19) The sale of, giving of, lending of, importa-
tion into this state of, or purchase of, any large -
capacity magazine to or by any federal, state,
county, city and county, or city agency that is
charged with the enforcement of any law, for use
by agency employees in the discharge of their
official duties whether on or off duty, and where
the use is authorized by the agency and is within
the course and scope of their duties.
(20) The sale to, lending to, transfer to, pur-
chase by, receipt of, or importation into this state
of, a large- capacity magazine by a sworn peace
officer as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is
authorized to cant' a firearm in the course and
scope of his or her duties.
(21) The sale or purchase of any large- capac-
ity magazine to or by a person licensed pursuant
to Section 12071.
(22) The loan of a lawfully possessed large -
capacity magazine between two individuals if all
of the following conditions are met:
(A) The person being loaned the large- capac-
ity magazine is not prohibited by Section 12021,
12021.1, or 12101 of this code or Section 8100
or 8103 of the Welfare and Institutions Code
from possessing firearms or ammunition.
(B) The loan of the large- capacity magazine
occurs at a place or location where the posses-
sion of the large- capacity magazine is not other-
wise prohibited and the person who lends the
large- capacity magazine remains in the access-
ible vicinity of the person to whom the large -
capacity magazine is loaned.
(23) The importation of a large- capacity mag-
azine by a person who lawfully possessed the
large- capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state,
and is returning to the state with the large -ca-
pacity magazine previously lawfully possessed
in the state.
(24) The lending or giving of any large-capac-
ity magazine to a person licensed pursuant to
Section 12071, or to a gunsmith, for the pur-
poses of maintenance, repair, or modification of
that large- capacity magazine.
(25) The return to its owner of any large -ca-
pacity magazine by a person specified in para-
graph (24).
(26) The importation into this state of, or sale
of, any large- capacity magazine by a person
who has been issued a permit to engage in
those activities pursuant to Section 12079, when
those activities are in accordance with the terms
and conditions of that permit.
(27) The sale of, giving of, lending of, importa-
tion into this state of, or purchase of, any large -
capacity magazine, to or by entities that operate
armored vehicle businesses pursuant to the
laws of this state.
(28) The lending of large- capacity magazines
by the entities specified in paragraph (27) to
their authorized employees, while in the course
and scope of their employment for purposes that
pertain to the entity's armored vehicle business.
(29) The return of those large- capacity maga-
zines to those entities specified in paragraph
(27) by those employees specified in paragraph
(28).
(30)(A) The manufacture of a large- capacity
magazine for any federal, state, county, city and
county, or city agency that is charged with the
enforcement of any law, for use by agency
employees in the discharge of their official duties
whether on or off duty, and where the use is
authorized by the agency and is within the
course and scope of their duties.
(B) The manufacture of a large- capacity mag-
azine for use by a sworn peace officer as de-
fined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 who is authorized to car -
ry a firearm in the course and scope of his or her
duties.
(C) The manufacture of a large- capacity mag-
azine for export or for sale to government agen-
cies or the military pursuant to applicable federal
regulations.
(31) The loan of a large- capacity magazine for
use solely as a prop for a motion picture, televi-
sion, or video production.
(32) The purchase of a large- capacity maga-
zine by the holder of a special weapons permit
issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following
purposes:
(A) For use solely as a prop for a motion
picture, television., or video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies,
government agencies, or the military, pursuant
to applicable federal regulations.
(c)(1) As used in this section, a "short-bar-
reled shotgun" means any of the following:
(A) A firearm which is designed or redesigned
to fire a fixed shotgun shell and having a barrel
or barrels of less than 18 inches in length.
(B) A firearm which has an overall length of
less than 26 inches and which is designed or
redesigned to fire a fixed shotgun shell.
(C) Any weapon made from a shotgun
(whether by alteration, modification, or other-
wise) if that weapon, as modified, has an overall
length of less than 26 inches or a barrel or
barrels of less than 18 inches in length.
(D) Any device which may be readily restored
to fire a fixed shotgun shell which, when so re-
stored, is a device defined in subparagraphs (A)
to (C), inclusive.
(E) Any part, or combination of parts, de-
signed and intended to convert a device into a
device defined in subparagraphs (A) to (C), in-
clusive, or any combination of parts from which
a device defined in subparagraphs (A) to (C), in-
clusive, can be readily assembled if those parts
are in the possession or under the control of the
same person.
(2) As used in this section, a "short- barreled
rifle" means any of the following:
(A) A rifle having a barrel or barrels of less
than 16 inches in length.
(B) A rifle with an overall length of less than
26 inches.
(C) Any weapon made from a rifle (whether by
alteration, modification, or otherwise) if that wea-
pon, as modified, has an overall length of less
than 26 inches or a barrel or barrels of less than
16 inches in length.
(D) Any device which may be readily restored
to fire a fixed cartridge which, when so restored,
is a device defined in subparagraphs (A) to (C),
inclusive.
(E) Any part, or combination of parts, de-
signed and intended to convert a device into a
device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which
a device defined in subparagraphs (A) to (C), in-
clusive, may be readily assembled if those parts
Page 22
are in the possession or under the control of the
same person....
(4) As used in this section, a "wallet gun"
means any firearm mounted or enclosed in a
case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if
the firearm may be fired while mounted or en-
closed in the case.
(5) As used in this section, a "cane gun"
means any firearm mounted or enclosed in a
stick, staff, rod, crutch, or similar device, de-
signed to be, or capable of being used as, an aid
in walking, if the firearm may be fired while
mounted or enclosed therein.
(6) As used in this section, a "flechette dart"
means a dart, capable of being fired from a fire-
arm, that measures approximately one inch in
length, with tail fins that take up approximately
five- sixteenths of an inch of the body....
(9) As used in this section, a "camouflaging
firearm container" means a container which
meets all of the following criteria:
(A) It is designed and intended to enclose a
firearm.
(B) It is designed and intended to allow the fir -
ing of the enclosed firearm by external controls
while the firearm is in the container.
(C) it is not readily recognizable as containing
a firearm.
"Camouflaging firearm container" does not in-
clude any camouflaging covering used while en-
gaged in lawful hunting or while going to or re-
turning from a lawful hunting expedition.
(10) As used in this section, a "zip gun"
means any weapon or device which meets all of
the following criteria:
(A) It was not imported as a firearm by an im-
porter licensed pursuant to Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code and the regulations issued
pursuant thereto.
(B) It was not originally designed to be a fire-
arm by a manufacturer licensed pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regu-
lations issued pursuant thereto.
(C) No tax was paid on the weapon or device
nor was an exemption from paying tax on that
weapon or device granted under Section 4181
and Subchapters F (commencing with Section
4216) and G (commencing with Section 4221) of
Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued
pursuant thereto.
(D) It is made or altered to expel a projectile
by the force of an explosion or other form of
combustion....
(12) As used in this section, an "unconven-
tional pistol" means a firearm that does not have
a rifled bore and has a barrel or barrels of less
than 18 inches in length or has an overall length
of less than 26 inches....
(20) As used in this section, a "rifle" means a
weapon designed or redesigned, made or re-
made, and intended to be fired from the should -
er and designed or redesigned and made or re-
made to use the energy of the explosive in a
fixed cartridge to fire only a single projectile
through a rifled bore for each single pull of the
trigger.
(21) As used in this section, a "shotgun"
means a weapon designed or redesigned, made
or remade, and intended to be fired from the
shoulder and designed or redesigned and made
or remade to use the energy of the explosive in
a fixed shotgun shell to fire through a smooth
bore either a number of projectiles (ball shot) or
a single projectile for each pull of the trigger.
(22) As used in this section, an "undetectable
firearm" means any weapon which meets one of
the following requirements:
(A) When, after removal of grips, stocks, and
magazines, it is not as detectable as the Secur-
ity Exemplar, by walk- through metal detectors
calibrated and operated to detect the Security
Exemplar.
(B) When any major component of which,
when subjected to inspection by the types of X-
ray machines commonly used at airports, does
not generate an image that accurately depicts
the shape of the component. Barium sulfate or
other compounds may be used in the fabrication
of the component.
(C) For purposes of this paragraph, the terms
"firearm," "major component," and "Security
Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of
the United States Code.
All firearm detection equipment newly in-
stalled in nonfederal public buildings in this state
shall be of a type identified by either the United
States Attorney General, the Secretary of Trans-
portation, or the Secretary of the Treasury, as
appropriate, as available state -of- the -art equip-
ment capable of detecting an undetectable fire-
arm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person
sufficient for reasonable passage of the public.
(23) As used in this section, a "multiburst trig-
ger activator" means one of the following de-
vices:
(A) A device designed or redesigned to be at-
tached to a semiautomatic firearm which allows
the firearm to discharge two or more shots in a
burst by activating the device.
(B) A manual or power- driven trigger activat-
ing device constructed and designed so that
when attached to a semiautomatic firearm it in-
creases the rate of fire of that firearm....
(25) As used in this section, "large- capacity
magazine" means any ammunition feeding de-
vice with the capacity to accept more than 10
rounds, but shall not be construed to include any
of the following:
(A) A feeding device that has been perma-
nently altered so that it cannot accommodate
more than 10 rounds.
(B) A .22 caliber tube ammunition feeding de-
vice.
(C) A tubular magazine that is contained in a
lever- action firearm.
(d) Knives carried in sheaths which are worn
openly suspended from the waist of the wearer
are not concealed within the meaning of this
section.
12020.3. Firearms with bright orange or
bright green coloration; civil fine
Any person who, for commercial purposes,
purchases, sells, manufacturers, ships,
transports, distributes, or receives a firearm,
where the coloration of the entire exterior
surface of the firearm is bright orange or bright
green, either singly, in combination, or as the
predominant color in combina -tion with other
colors in any pattern, is liable for a civil fine in an
action brought by the city attor -ney of the city or
the district attorney for the county of not more
than ten thousand dollars ($10,000).
12020.5. Advertising unlawful weapons
prohibited
It shall be unlawful for any person, as defined
in Section 12277, to advertise the sale of any
weapon or device whose possession is
prohibited by Section 12020, 12220, 12280,
12303, 12320, 12321, 12355, or 12520 in any
newspaper, magazine, circular, form letter, or
open publication that is published, distributed, or
circulated in this state, or on any billboard, card,
label, or other advertising medium, or by means
of any other advertising device.
12021. Specified convictions; narcotic
addiction; condition of probation;
restrictions on firearms possession;
punishment; employment needs; relief from
prohibition; justifiable violations
(a)(1) Any person who has been convicted of
a felony under the laws of the United States, of
the State of California, or any other state, gov-
emment, or country, or of an offense enumer-
ated in subdivision (a), (b), or (d) of Section
12001.6, or who is addicted to the use of any
narcotic drug, and who owns, purchases,
receives, or has in his or her possession or
under his or her custody or control any firearm is
guilty of a felony.
(2) Any person who has two or more convic-
tions for violating paragraph (2) of subdivision
(a) of Section 417 and who owns, purchases,
receives, or has in his or her possession or
under his or her custody or control any firearm is
guilty of a felony.
(b) Notwithstanding subdivision (a), any per-
son who has been convicted of a felony or of an
offense enumerated in Section 12001.6, when
that conviction results from certification by the
juvenile court for prosecution as an adult in an
adult court under Section 707 of the Welfare and
Institutions Code, and who owns or has in his or
her possession or under his or her custody or
control any firearm is guilty of a felony.
(c)(1) Except as provided in subdivision (a) or
paragraph (2) of this subdivision, any person
who has been convicted of a misdemeanor vio-
lation of Section 71, 76, 136.1, 136,5, or 140,
subdivision (d) of Section 148, Section 171b,
171c, 171d, 186.28, 240, 241, 242, 243, 243.4,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6,
417, 417.6, 422, 626.9, 646.9, 12023, or 12024,
sub- division (b) or (d) of Section 12034, Section
12040, subdivision (b) of Section 12072, subdivi-
sion (a) of former Section 12100, Section 12220,
12320, or 12590, or Section 8100, 8101, or 8103
of the Welfare and Institutions Code, any fire-
arm- related offense pursuant to Sections 871.5
and 1001.5 of the Welfare and Institutions Code,
or of the conduct punished in paragraph (3) of
subdivision (g) of Section 12072, and who, with-
in 10 years of the conviction, owns, purchases,
receives, or has in his or her possession or un-
der his or her custody or control, any firearm is
guilty of a public offense, which shall be punish-
able by imprisonment in a county jail not ex-
ceeding one year or in the state prison, by a fine
not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine. The court,
on forms prescribed by the Department of Jus-
tice, shall notify the department of persons sub-
ject to this subdivision. However, the prohibition
in this paragraph may be reduced, eliminated, or
conditioned as provided in paragraph (2) or (3).
(2) Any person employed as a peace officer
described in Section 830.1, 830.2, 830.31,
830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally
possess a firearm, who is subject to the prohibi-
tion imposed by this subdivision because of a
conviction under Section 273.5, 273.6, or 646.9,
may petition the court only once for relief from
this prohibition. The petition shall be filed with
the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the
same judge who sentenced the petitioner. Upon
filing the petition, the clerk of the court shall set
the hearing date and shall notify the petitioner
Page 23
and the prosecuting attorney of the date of the
hearing. Upon making each of the following find-
ings, the court may reduce or eliminate the pro-
hibition, impose conditions on reduction or elim-
Ination of the prohibition, or otherwise grant re-
lief from the prohibition as the court deems ap-
propriate:
(A) Finds by a preponderance of the evidence
that the petitioner is likely to use a firearm in a
safe and lawful manner.
(B) Finds that the petitioner is not within a
prohibited class as specified in subdivision (a),
(b), (d), (e), or (g) or Section 12021.1, and the
court is not presented with any credible evi-
dence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institu-
tions Code.
(C)(i) Finds that the petitioner does not have a
previous conviction under this subdivision no
matter when the prior conviction occurred.
(ii) In making its decision, the court shall
consider the petitioner's continued employment,
the interest of justice, any relevant evidence,
and the totality of the circumstances. The court
shalt require, as a condition of granting relief
from the prohibition under this section, that the
petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the
prohibition shall not relieve any other person or
entity from any liability that might otherwise be
imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning
appropriate relief under this paragraph in cases
in which relief is warranted. However, nothing in
this paragraph shall be construed to require
courts to grant relief to any particular petitioner.
It is the intent of the Legislature to permit per-
sons who were convicted of an offense specified
in Section 273.5, 273.6, or 646.9 to seek relief
from the prohibition imposed by this subdivision.
[Publisher's Note: On June 4, 2004, the Bur-
eau of Alcohol, Tobacco, Firearms, and Explos-
ives (ATF) advised that individuals who may
have had their convictions of a misdemeanor
crime of domestic violence set aside or dis-
misssed pursuant to California Penal Code
§1203.4 still remain prohibited from acquiring or
possessing firearms under federal law, and fire-
arms prohibition relief afforded to peace officers
pursuant to §12021 (c)(2) or §1203.4 is ineffect-
ive (http: / /caag. state .ca.us /firearms /infobuls /).]
(3) Any person who is subject to the prohibi-
tion imposed by this subdivision because of a
conviction of an offense prior to that offense
being added to paragraph (1) may petition the
court only once for relief from this prohibition.
The petition shall be filed with the court in which
the petitioner was sentenced. If possible, the
matter shall be heard before the same judge that
sentenced the petitioner. Upon filing the petition,
the clerk of the court shall set the hearing date
and notify the petitioner and the prosecuting at-
torney of the date of the hearing. Upon making
each of the following findings, the court may re-
duce or eliminate the prohibition, impose condi-
tions on reduction or elimination of the prohibi-
tion, or otherwise grant relief from the prohibition
as the court deems appropriate:
(A) Finds by a preponderance of the evidence
that the petitioner is likely to use a firearm in a
safe and lawful manner.
(B) Finds that the petitioner is not within a
prohibited class as specified in subdivision (a),
(b), (d), (e), or (g) or Section 12021.1, and the
court is not presented with any credible evi-
dence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institu-
tions Code.
(C)(i) Finds that the petitioner does not have a
previous conviction under this subdivision, no
matter when the prior conviction occurred.
(ii) In making its decision, the court may
consider the interest of justice, any relevant
evidence, and the totality of the circumstances.
It is the intent of the Legislature that courts
exercise broad discretion in fashioning
appropriate relief under this paragraph in cases
in which relief is warranted. However, nothing in
this paragraph shall be construed to require
courts to grant relief to any particular petitioner.
(4) Law enforcement officials who enforce the
prohibition specified in this subdivision against a
person who has been granted relief pursuant to
paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforce-
ment of this subdivision unless the person has in
his or her possession a certified copy of the
court order that granted the person relief from
the prohibition. This immunity from liability shall
not relieve any person or entity from any other
liability that might otherwise be imposed.
(d)(1) Any person who, as an express condi-
tion of probation, is prohibited or restricted from
owning, possessing, controlling, receiving, or
purchasing a firearm and who owns, purchases,
receives, or has in his or her possession or un-
der his or her custody or control, any firearm but
who is not subject to subdivision (a) or (c), is
guilty of a public offense, which shall be punish-
able by Imprisonment in a county jail not ex-
ceeding one year or in the state prison, by a fine
not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine. The court,
on forms provided by the Department of Justice,
shall notify the department of persons subject to
this subdivision. The notice shall include a copy
of the order of probation and a copy of any min-
ute order or abstract reflecting the order and
conditions of probation.
(2) For any person who is subject to subdivi-
sion (a), (b), or (c), the court shall, at the time
judgment is imposed, provide on a form supplied
by the Department of Justice, a notice to the de-
fendant prohibited by this section from owning,
purchasing, receiving, possessing, or having un-
der his or her custody or control, any firearm.
The notice shall inform the defendant of the pro-
hibition regarding firearms and include a form to
facilitate the transfer of firearms. Failure to pro-
vide the notice shall not be a defense to a viola-
tion of this section.
(e) Any person who (1) is alleged to have
committed an offense listed in subdivision (b) of
Section 707 of the Welfare and Institutions
Code, an offense described in subdivision (b) of
Section 1203.073, any offense enumerated in
paragraph (1) of subdivision (c), or any offense
described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision
(a) of Section 12034, and (2) is subsequently
adjudged a ward of the juvenile court within the
meaning of Section 602 of the Welfare and Insti-
tutions Code because the person committed an
offense listed in subdivision (b) of Section 707 of
the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073,
any offense enumerated in paragraph (1) of sub-
division (c), or any offense described in subdivi-
sion (a) of Section 12025, subdivision (a) of Sec-
tion 12031, or subdivision (a) of Section 12034,
shall not own, or have in his or her possession
or under his or her custody or control, any fire-
arm until the age of 30 years. A violation of this
subdivision shall be punishable by imprisonment
in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thous-
and dollars ($1,000), or by both that imprison-
ment and fine. The juvenile court, on forms pre-
scribed by the Department of Justice, shall notify
the department of persons subject to this subdi-
vision. Notwithstanding any other law, the forms
required to be submitted to the department pur-
suant to this subdivision may be used to deter-
mine eligibility to acquire a firearm.
(f) Subdivision (a) shall not apply to a person
who has been convicted of a felony under the
laws of the United States unless either of the fol-
lowing criteria is satisfied:
(1) Conviction of a like offense under Califor-
nia law can only result in imposition of felony
punishment.
(2) The defendant was sentenced to a federal
correctional facility for more than 30 days, or re-
ceived a fine of more than one thousand dollars
($1,000), or received both punishments.
(g)(1) Every person who purchases or re-
ceives, or attempts to purchase or receive, a
fireann knowing that he or she is prohibited from
doing so by a temporary restraining order or in-
junction issued pursuant to Section 527.6 or
527.8 of the Code of Civil Procedure, a protec-
tive order as defined in Section 6218 of the
Family Code, a protective order issued pursuant
to Section 136.2 or 646.91 of this code, or by a
protective order issued pursuant to Section
15657.03 of the Welfare and Institutions Code,
is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a
fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(2) Every person who owns or possesses a
firearm knowing that he or she is prohibited from
doing so by a temporary restraining order or in-
junction issued pursuant to Section 527.6 or
527.8 of the Code of Civil Procedure, a protec-
tive order as defined in Section 6218 of the
Family Code, a protective order issued pursuant
to Section 136.2 or 646.91 of this code, or by a
protective order issued pursuant to Section
15657.03 of the Welfare and Institutions Code,
is guilty of a public offense, which shall be pun-
ishable by imprisonment in a county jail not ex-
ceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that impris-
onment and fine.
(3) The Judicial Council shall provide notice
on all protective orders that the respondent is
prohibited from owning, possessing, purchasing,
receiving, or attempting to purchase or receive a
firearm while the protective order is in effect.
The order shall also state that the firearm shall
be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed
gun dealer, and that proof of surrender or sale
shall be filed within a specified time of receipt of
the order. The order shall state the penalties for
a violation of the prohibition. The order shall also
state on its face the expiration date for relin-
quishment.
(4) If probation is granted upon conviction of a
violation of this subdivision, the court shall im-
pose probation consistent with Section
1203.097.
(h)(1) A violation of subdivision (a), (b), (c),
(d), or (e) is justifiable where all of the following
conditions are met:
(A) The person found the firearm or took the
firearm from a person who was committing a
crime against him or her.
(B) The person possessed the firearm no
longer than was necessary to deliver or trans-
port the firearm to a law enforcement agency for
that agency's disposition according to law.
Page 24
(C) If the firearm was transported to a law en-
forcement agency, it was transported in accord-
ance with paragraph (18) of subdivision (a) of
Section 12026.2.
(D) If the firearm is being transported to a law
enforcement agency, the person transporting the
firearm has given prior notice to the law enforce-
ment agency that he or she is transporting the
firearm to the law enforcement agency for dispo-
sition according to law.
(2) Upon the trial for violating subdivision (a),
(b), (c), (d), or (e), the trier of fact shall deter-
mine whether the defendant was acting within
the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving
by a preponderance of the evidence that he or
she comes within the provisions of the exemp-
tion created by this subdivision.
(i) Subject to available funding, the Attorney
General, working with the Judicial Council, the
California Alliance Against Domestic Violence,
prosecutors, and law enforcement, probation,
and parole officers, shall develop a protocol for
the implementation of the provisions of this
section. The protocol shall be designed to facili-
tate the enforcement of restrictions on firearm
ownership, including provisions for giving notice
to defendants who are restricted, provisions for
informing those defendants of the procedures by
which defendants shall dispose of firearms when
required to do so, provisions explaining how de-
fendants shall provide proof of the lawful dispo-
sition of firearms, and provisions explaining how
defendants may obtain possession of seized
firearms when legally permitted to do so pursu-
ant to this section or any other provision of law.
The protocol shall be completed on or before
January 1, 2005.
12021.1. Concealable firearms; prior
conviction of certain violent offenses;
prohibited ownership or possession;
offense; punishment; condition of probation;
suspension of imposition or execution of
sentence
(a) Notwithstanding subdivision (a) of Section
12021, any person who has been previously
convicted of any of the offenses listed in subdivi-
sion (b) and who owns or has in his or her pos-
session or under his or her custody or control
any firearm is guilty of a felony. A dismissal of
an accusatory pleading pursuant to Section
1203.4a involving an offense set forth in subdivi-
sion (b) does not affect the finding of a previous
conviction. if probation is granted, or if the impo-
sition or execution of sentence is suspended, it
shall be a condition of the probation or suspen-
sion that the defendant serve at least six months
in a county jail.
(b) As used in this section, a violent offense
includes any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape.
(4) Sodomy by force, violence, duress, men-
ace, or threat of great bodily hann.
(5) Oral copulation by force, violence, duress,
menace, or threat of great bodily harm.
(6) Lewd acts on a child under the age of 14
years.
(7) Any felony punishable by death or impris-
onment in the state prison for life.
(8) Any other felony in which the defendant in-
flicts great bodily injury on any person, other
than an accomplice, that has been charged and
proven, or any felony in which the defendant
uses a firearm which use has been charged and
proven.
(9) Attempted murder.
(10) Assault with intent to commit rape or rob-
bery.
(11) Assault with a deadly weapon or instru-
ment on a peace officer.
(12) Assault by a life prisoner on a non -
inmate.
(13) Assault with a deadly weapon by an in-
mate.
(14) Arson.
(15) Exploding a destructive device or any ex-
plosive with intent to injure.
(16) Exploding a destructive device or any ex-
plosive causing great bodily injury.
(17) Exploding a destructive device or any ex-
plosive with intent to murder.
(18) Robbery.
(19) Kidnapping.
(20) Taking of a hostage by an inmate of a
state prison.
(21) Attempt to commit a felony punishable by
death or imprisonment in the state prison for life.
(22) Any felony in which the defendant per-
sonally used a dangerous or deadly weapon.
(23) Escape from a state prison by use of
force or violence.
(24) Assault with a deadly weapon or force
likely to produce great bodily injury.
(25) Any felony violation of Section 186.22.
(26) Any attempt to commit a crime listed in
this subdivision other than an assault.
(27) Any offense enumerated in subdivision
(a), (b), or (d) of Section 12001.6.
(28) Carjacking.
(29) Any offense enumerated in subdivision
(c) of Section 12001.6 if the person has two or
more convictions for violating paragraph (2) of
subdivision (a) of Section 417.
(c) Any person previously convicted of any of
the offenses listed in subdivision (b) which con-
viction results from certification by the juvenile
court for prosecution as an adult in adult court
under the provisions of Section 707 of the Wel-
fare and Institutions Code, who owns or has in
his or her possession or under his or her custo-
dy or control any firearm is guilty of a felony. If
probation is granted, or if the imposition or exe-
cution of sentence is suspended, it shall be a
condition of the probation or suspension that the
defendant serve at least six months in a county
jail.
(d) The court shall apply the minimum sen-
tence as specified in subdivisions (a) and (c) ex-
cept in unusual cases where the interests of
justice would best be served by granting proba-
tion or suspending the imposition or execution of
sentence without the imprisonment required by
subdivisions (a) and (c), or by granting probation
or suspending the imposition or execution of
sentence with conditions other than those set
forth in subdivisions (a) and (c), in which case
the court shall specify on the record and shall
enter on the minutes the circumstances indicat-
ing that the interests of justice would best be
served by the disposition.
12029. Blackjacks, etc., as nuisances;
confiscation and destruction; preparation as
evidence Except as provided in Section 12020,
blackjacks, slungshots, billies, nunchakus,
sandclubs, sandbags, shurikens, metal
knuckles, short - barreled shotguns or short-
barreled rifles as defined in Section 12020, and
any other item which is listed in subdivision (a)
of Section 12020 and is not listed in subdivision
(a) of Section 12028 are nuisances, and the
Attorney General, district attorney, or city
attorney may bring an action to enjoin the
manufacture of, importation of, keeping for sale
of, offering or exposing for sale, giving, lending,
or possession of, any of the foregoing items.
These weapons shall be subject to confiscation
and summary destruction whenever found within
the state. These weapons shall be destroyed in
the same manner as other weapons described
in Section 12028, except that upon the
certification of a judge or of the district attorney
that the ends of justice will be subserved
thereby, the weapon shall be preserved until the
necessity for its use ceases.
12035. Storage of firearmsaccessible to
children; offense; punishment; legislative
intent; notice
(a) As used in this section, the following defi-
nitions apply:
(1) "Locking device" means a device that is
designed to prevent the firearm from functioning
and when applied to the firearm, renders the
firearm inoperable.
(2) "Loaded firearm" has the same meaning
as set forth in subdivision (g) of Section 12031.
(3) "Child" means a person under 18 years of
age.
(4) "Great bodily injury" has the same mean-
ing as set forth in Section 12022.7.
(5) "Locked container" has the same meaning
as set forth in subdivision (d) of Section
12026.2.
(b)(1) Except as provided in subdivision (c), a
person commits the crime of "criminal storage of
a firearm of the first degree" if he or she keeps
any loaded firearm within any premises that are
under his or her custody or control and he or she
knows or reasonably should know that a child is
likely to gain access to the firearm without the
permission of the child's parent or legal guardian
and the child obtains access to the firearm and
thereby causes death or great bodily injury to
himself, herself, or any other person.
(2) Except as provided in subdivision (c), a
person commits the crime of "criminal storage of
a firearm of the second degree" if he or she
keeps any loaded firearm within any premises
that are under his or her custody or control and
he or she knows or reasonably should know that
a child is likely to gain access to the firearm
without the permission of the child's parent or
legal guardian and the child obtains access to
the firearm and thereby causes injury, other than
great bodily Injury, to himself, herself, or any
other person, or carries the firearm either to a
public place or in violation of Section 417.
(c) Subdivision (b) shall not apply whenever
any of the following occurs:
(1) The child obtains the firearm as a result of
an illegal entry to any premises by any person.
(2) The firearm is kept in a locked container or
in a location that a reasonable person would be-
lieve to be secure.
(3) The firearm is carried on the person or
within such a close proximity thereto that the in-
dividual can readily retrieve and use the firearm
as if carried on the person.
(4) The firearm is locked with a locking device
that has rendered the firearm inoperable.
(5) The person is a peace officer or a member
of the armed forces or National Guard and the
child obtains the firearm during, or incidental to,
the performance ofthe person's duties.
(6) The child obtains, or obtains and dis-
charges, the firearm in a lawful act of self -de-
fense or defense of another person, or persons.
(7) The person who keeps a loaded firearm
on any premise that is under his or her custody
or control has no reasonable expectation, based
on objective facts and circumstances, that a
child is likely to be present on the premises.
Page 25
(d) Criminal storage of a firearm is punishable
as follows:
(1) Criminal storage of a firearm in the first de-
gree, by imprisonment in the state prison for 16
months, or two or three years, by a fine not ex-
ceeding ten thousand dollars ($10,000), or by
both that imprisonment and fine; or by imprison-
ment in a county jail not exceeding one year, by
a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(2) Criminal storage of a firearm in the second
degree, by imprisonment in a county jail not ex-
ceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that Impris-
onment and fine.
, (e) If the person who allegedly violated this
section is the parent or guardian of a child who
is injured or who dies as the result of an acci-
dental shooting, the district attorney shall con-
sider, among other factors, the impact of the in-
jury or death on the person alleged to have vio-
lated this section when deciding whether to
prosecute an alleged violation. It is the Legisla-
ture's intent that a parent or guardian of a child
who is injured or who dies as the result of an ac-
cidental shooting shall be prosecuted only in
those instances in which the parent or guardian
behaved in a grossly negligent manner or where
similarly egregious circumstances exist. This
subdivision shall not otherwise restrict, in any
manner, the factors that a district attorney may
consider when deciding whether to prosecute
alleged violations of this section.
(f) If the person who allegedly violated this
section is the parent or guardian of a child who
is injured or who dies as the result of an acci-
dental shooting, no arrest of the person for the
alleged violation of this section shall occur until
at least seven days after the date upon which
the accidental shooting occurred.
In addition to the limitation contained in this
subdivision, a law enforcement officer shall con-
sider the health status of a child who suffers
great bodily injury as the result of an accidental
shooting prior to arresting a person for a viola-
tion of this section, if the person to be arrested is
the parent or guardian of the Injured child. The
intent of this subdivision is to encourage law
enforcement officials to delay the arrest of a
parent or guardian of a seriously injured child
while the child remains on life- support equip-
ment or is in a similarly critical medical condition.
(g)(1) The fact that the person who allegedly
violated this section attended a firearm safety
training course prior to the purchase of the fire -
arm that is obtained by a child in violation of this
section shall be considered a mitigating factor by
a district attorney when he or she is deciding
whether to prosecute the alleged violation.
(2) In any action or trial commenced under
this section, the fact that the person who al-
legedly violated this section attended a firearm
safety training course prior to the purchase of
the firearm that is obtained by a child in violation
of this section, shall be admissible.
(h) Every person licensed under Section
12071 shall post within the licensed premises
the notice required by paragraph (7) of subdivi-
sion (b) of that section, disclosing the duty im-
posed by this section upon any person who
keeps a loaded firearm.
12036. Firearms accessed by children and
carried off - premises; punishment; deemed
use in commission of crimes; exceptions;
prosecution; legislative intent; notice
disclosing duty (a) As used in this section,
the following definitions shall apply:
(1) "Locking device" means a device that is
designed to prevent the firearm from functioning
and when applied to the firearm, renders the
firearm inoperable.
(2) "Child" means a person under the age of
18 years.
(3) "Off- premises" means premises other than
the premises where the firearm was stored.
(4) "Locked container" has the same meaning
as set forth in subdivision (d) of Section
12026.2.
(b) A person who keeps a pistol, revolver, or
other firearm capable of being concealed upon
the person, loaded or unloaded, within any
premise that is under his or her custody or con-
trol and he or she knows or reasonably should
know that a child is likely to gain access to that
firearm without the permission of the child's par-
ent or legal guardian and the child obtains ac-
cess to that firearm and thereafter carries that
firearm off - premises, shall be punished by im-
prisonment in a county jail not exceeding one
year, by a fine not exceeding one thousand dol-
lars ($1,000), or by both that imprisonment and
fine.
(c) A person who keeps any firearm within
any premises that is under his or her custody or
control and he or she knows or reasonably
should know that a child is likely to gain access
to the firearm without the permission of the
child's parent or legal guardian and the child ob-
tains access to the firearm and thereafter carries
that firearm off - premises to any public or private
preschool, elementary school, middle school,
high school, or to any school- sponsored event,
activity, or performance whether occurring on
school grounds or elsewhere, shall be punished
by imprisonment in a county jail not exceeding
one year, by a fine not exceeding five thousand
dollars ($5,000), or by both that imprisonment
and fine.
(d) A pistol, revolver, or other firearm capable
of being concealed upon the person that a child
gains access to and carries off - premises in vio-
lation of this section shall be deemed "used in
the commission of any misdemeanor as pro-
vided in this code or any felony" for the purpose
of subdivision (b) of Section 12028 regarding the
authority to confiscate firearms and other deadly
weapons as a nuisance.
(e) This section shall not apply if any one of
the following circumstances exists:
(1) The child obtains the firearm as a result of
an illegal entry into any premises by any person.
(2) The firearm is kept in a locked container or
in a location that a reasonable person would
believe to be secure.
(3) The firearm is locked with a locking device
that has rendered the firearm inoperable.
(4) The firearm is carried on the person within
such a close range that the individual can readily
retrieve and use the firearm as if carried on the
person.
(5) The person is a peace officer or a member
of the Armed Forces or National Guard and the
child obtains the firearm during, or incidental to,
the performance of the person's duties.
(6) The child obtains, or obtains and dis-
charges, the firearm in a lawful act of self -
defense or defense of another person or
persons.
(7) The person who keeps a firearm has no
reasonable expectation, based on objective
facts and circumstances, that a child is likely to
be present on the premises.
(f) If the person who allegedly violated this
section is the parent or guardian of a child who
is injured or who dies as the result of an acci-
dental shooting, the district attorney shall con-
sider, among other factors, the impact of the in-
jury or death on the person alleged to have
violated this section when deciding whether to
prosecute the alleged violation. It is the Legisla-
ture's intent that a parent or guardian of a child
who is injured or who dies as the result of an
accidental shooting shall be prosecuted only in
those instances in which the parent or guardian
behaved in a grossly negligent manner or where
similarly egregious circumstances exist. This
subdivision shall not otherwise restrict, in any
manner, the factors that a district attorney may
consider when deciding whether to prosecute
alleged violations of this section.
(g) If the person who allegedly violated this
section is the parent or guardian of a child who
is injured or who dies as the result of an acci-
dental shooting, no arrest of the person for the
alleged violation of this section shall occur until
at least seven days after the date upon which
the accidental shooting occurred.
In addition to the limitation contained in this
subdivision, a law enforcement officer shall con-
sider the health status of a child who suffers
great bodily injury as the result of an accidental
shooting prior to arresting a person for a viola-
tion of this section, if the person to be arrested is
the parent or guardian of the injured child. The
intent of this subdivision Is to encourage law
enforcement officials to delay the arrest of a
parent or guardian of a seriously injured child
while the child remains on life- support equip-
ment or Is in a similarly critical medical condition.
(h)(1) The fact that the person who allegedly
violated this section attended a firearm safety
training course prior to the purchase of the fire-
arm that is obtained by a child in violation of this
section shall be considered a mitigating factor by
a district attorney when he or she is deciding
whether to prosecute the alleged violation.
(2) In any action or trial commenced under
this section, the fact that the person who alleg-
edly violated this section attended a firearm
safety training course prior to the purchase of
the firearm that is obtained by a child in violation
of this section, shall be admissible.
(1) Every person licensed under Section
12071 shall post within the licensed premises
the notice required by paragraph (7) of subdivi-
sion (b) of that section, disclosing the duty im-
posed by this section upon any person who
keeps any firearm.
Article 4. Licenses to Sell Firearms
12070. Unlicensed persons; violations;
exceptions
(a) No person shall sell, lease, or transfer fire-
arms unless he or she has been issued a
license pursuant to Section 12071. Any person
violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the
following:
(1) The sale, lease, or transfer of any firearm
by a person acting pursuant to operation of law,
a court order, or pursuant to the Enforcement of
Judgments Law (Title 9 (commencing with Sec-
tion 680.010) of Part 2 of the Code of Civil Pro-
cedure), or by a person who liquidates a person-
al firearm collection to satisfy a court judgment.
(2) A person acting pursuant to subdivision (e)
of Section 186.22a or subdivision (c) of Section
12028.
(3) The sale, lease, or transfer of a firearm by
a person who obtains title to the firearm by in-
testate succession or by bequest or as a surviv-
ing spouse pursuant to Chapter 1 (commencing
Page 26
with Section 13500) of Part 2 of Division 8 of the
Probate Code, provided the person disposes of
the firearm within 60 days of receipt of the fire-
arm.
(4) The infrequent sale, lease, or transfer of
firearms.
(5) The sale, lease, or transfer of used fire-
arms other than handguns, at gun shows or
events, as specified in Section 12071, by a
person other than a licensee or dealer, provided
the person has a valid federal firearms license
and a current certificate of eligibility issued by
the Department of Justice, as specified in
Section 12071, and provided all the sales,
leases, or transfers fully comply with subdivision
(d) of Section 12072. However, the person shall
not engage in the sale, lease, or transfer of used
firearms other than handguns at more than 12
gun shows or events in any calendar year and
shall not sell, lease, or transfer more than 15
used firearms other than handguns at any single
gun show or event. In no event shall the person
sell more than 75 used firearms other than
handguns in any calendar year.
A person described in this paragraph shall be
known as a "Gun Show Trader."
The Department of Justice shall adopt regula-
tions to administer this program and shall recov-
er the full costs of administration from fees as-
sessed applicants.
As used in this paragraph, the term "used
firearm" means a firearm that has been sold pre-
viously at retail and is more than three years old.
(6) Deliveries, sales, or transfers of firearms
between or to importers and manufacturers of
firearms licensed to engage in business pursu-
ant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and
the regulations issued pursuant thereto.
(7) The sale, delivery, or transfer of firearms
by manufacturers or importers licensed pursuant
to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regu-
lations issued pursuant thereto to dealers or
wholesalers.
(8) Deliveries and transfers of firearms made
pursuant to Section 12028, 12028.5, or 12030.
(9) The loan of a firearm for the purposes of
shooting at targets, if the loan occurs on the
premises of a target facility which holds a busi-
ness or regulatory license or on the premises of
any club or organization organized for the pur-
poses of practicing shooting at targets upon
established ranges, whether public or private, if
the firearm Is at all times kept within the prem-
ises of the target range or on the premises of the
club or organization..
(10) Sales, deliveries, or transfers of firearms
by manufacturers, importers, or wholesalers f-
censed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant there-
to to persons who reside outside this state who
are licensed pursuant to Chapter 44 (commenc-
ing with Section 921) of Title 18 of the United
States Code and the regulations issued pursu-
ant thereto, if the sale, delivery, or transfer is in
accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code and the regulations issued pursuant there-
to.
(11) Sales, deliveries, or transfers of firearms
by persons who reside outside this state and are
licensed outside this state pursuant to Chapter
44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations is-
sued pursuant thereto to wholesalers, manufac-
turers, or importers, if the sale, delivery, or trans-
fer is in accordance with Chapter 44 (commenc-
ing with Section 921) of Title 18 of the United
States Code and the regulations issued pursu-
ant thereto.
(12) Sales, deliveries, or transfers of firearms
by wholesalers to dealers.
(13) Sales, deliveries, or transfers of firearms
by persons who reside outside this state to per-
sons licensed pursuant to Section 12071, if the
sale, delivery, or transfer is in accordance with
Chapter 44 (commencing with Section 921) of.
Title 18 of the United States Code, and the regu-
lations issued pursuant thereto.
(14) Sales, deliveries, or transfers of firearms
by persons who reside outside this state and are
licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant there-
to to dealers, if the sale, delivery, or transfer is in
accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code and the regulations issued pursuant there-
to.
(15) The delivery, sale, or transfer of an un-
loaded firearm by one wholesaler to another
wholesaler if that firearm is intended as mer-
chandise in the receiving wholesaler's business.
(16) The loan of an unloaded firearm or the
loan of a firearm loaded with blank cartridges for
use solely as a prop for a motion picture, tele-
vision, or video production or entertainment or
theatrical event.
(17) The delivery of an unloaded firearm that
is a curio or relic, as defined in Section 478.11 of
Title 27 of the Code of Federal Regulations, by a
person licensed as a collector pursuant to Chap-
ter 44 (commencing with Section 921) of Title 18
of the United States Code and the regulations is-
sued pursuant thereto with a current certificate
of eligibility issued pursuant to Section 12071 to
a dealer.
(18) Loans or returns of firearms to or from a
gunsmith for service or repair.
(19) The delivery, sale, return, or transfer of a
firearm regulated pursuant to Article 6
(commencing with Section 12095) of Chapter 1,
Chapter 2 (commencing with Section 12200),
Chapter 2.3 (commencing with Section 12275),
or Chapter 2.5 (commencing with Section
12301) by a person who holds a permit issued
pursuant to Section 12095,12230, 12287, or
12305, if the delivery, sale, return, or transfer is
conducted in accordance with the terms and
conditions of the permit.
(c) (1) As used in this section, "infrequent"
means:
(A) For handguns, less than six transactions
per calendar year. For this purpose,
"transaction" means a single sale, lease, or
transfer of any number of handguns.
(B) For firearms other than handguns,
occasional and without regularity.
(2) As used in this section, "operation of law"
includes, but is not limited to, any of the follow-
ing:
(A) The executor or administrator of an
estate, if the estate includes firearms.
(B) A secured creditor or an agent or employ-
ee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a
security agreement under the Commercial Code.
(C) A levying officer, as defined in Section
481.140, 511.060, or 680.260 of the Code of
Civil Procedure.
(D) A receiver performing his or her functions
as a receiver, if the receivership estate includes
firearms.
(E) A trustee in bankruptcy performing his or
her duties, if the bankruptcy estate includes fire-
arms.
(F) An assignee for the benefit of creditors
performing his or her functions as an assignee, if
the assignment includes firearms.
(G) A transmutation of property between
spouses pursuant to Section 850 of the Family
Code.
(H) Firearms received by the family of a police
officer or deputy sheriff from a local agency
pursuant to Section 50081 of the Government
Code.
(1) The transfer of a firearm by a law enforce-
ment agency to the person who found the fire-
arm where the delivery Is to the person as the
finder of the firearm pursuant to Article 1 (com-
mencing with Section 2080) of Chapter 4 of Divi-
sion 3 of the Civil Code.
12071.Appiication for local license to sell
firearms at retail; Certificate of eligibility;
Requirements and exemptions; Forfeiture of
license; Centralized list of licensees;
Inspection of dealers; Fee; Request for
information
(a)(1) As used in this chapter, the term "licen-
see," "person licensed pursuant to Section
12071," or ".dealer" means a person who has all
of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or
licenses, required by local government.
(C) A valid seller's permit issued by the State
Board of Equalization.
(D) A certificate of eligibility issued by the De-
partment of Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed
by paragraph (6).
(F) Is among those recorded in the centralized
list specified in subdivision (e).
(2) The duly constituted licensing authority of
a city, county, or a city and county shall accept
applications for, and may grant licenses permit-
ting, licensees to sell firearms at retail within the
city, county, or city and county. The duly consti-
tuted licensing authority shall inform applicants
who are denied licenses of the reasons for the
denial in writing.
(3) No license shall be granted to any appli-
cant who fails to provide a copy of his or her val-
id federal firearms license, valid seller's permit
issued by the State Board of Equalization, and
the certificate of eligibility described in para-
graph (4).
(4) A person may request a certificate of
eligibility from the Department of Justice. The
Department of Justice shall examine its records
and records available to the Department in the
National Instant Criminal Background Check
System in order to determine if the applicant is
prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm and issue a certificate to an applicant if
the department's records indicate that the
applicant is not a person who is prohibited by
state or federal law from possessing firearms.
(5) The department shall adopt regulations to
administer the certificate of eligibility program
and shall recover the full costs of administering
the program by imposing fees assessed to appli-
cants who apply for those certificates.
(6) A license granted by the duly constituted
licensing authority of any city, county, or city and
county, shall be valid for not more than one year
from the date of issuance and shall be in one of
the following forms:
(A) In the form prescribed by the Attorney
General.
Page 27
(B) A regulatory or business license that
states on its face "Valid for Retail Sales of Fire-
arms" and is endorsed by the signature of the is-
suing authority.
(C) A letter from the duly constituted licensing
authority having primary jurisdiction for the appli-
cant's intended business location stating that the
jurisdiction does not require any form of regula-
tory or business license or does not otherwise
restrict or regulate the sale of firearms.
(7) Local licensing authorities may assess
fees to recover their full costs of processing
applications for licenses.
(b) A license is subject to forfeiture for a
breach of any of the following prohibitions and
requirements:
(1)(A) Except as provided in subparagraphs
(B) and (C), the business shall be conducted
only in the buildings designated in the license.
(B) A person licensed pursuant to subdivision
(a) may take possession of firearms and com-
mence preparation of registers for the sale, de-
livery, or transfer of firearms at gun shows or
events, as defined in Section 478.100 of Title 27
of the Code of Federal Regulations, or its suc-
cesssor, if the gun show or event is not con-
ducted from any motorized or towed vehicle. A
person conducting business pursuant to this
subparagraph shall be entitled to conduct busi-
ness as authorized herein at any gun show or
event in the state without regard to the jurisdic-
tion within this state that issued the license pur-
suant to subdivision (a), provided the person
complies with (i) all applicable laws, including,
but not limited to, the waiting period specified in
subparagraph (A) of paragraph (3), and (ii) all
applicable local laws, regulations, and fees, if
any.
A person conducting business pursuant to this
subparagraph shall publicly display his or her
license issued pursuant to subdivision (a), or a
facsimile thereof, at any gun show or event, as
specified in this subparagraph.
(C) A person licensed pursuant to subdivision
(a) may engage in the sale and transfer of fire-
arms other than pistols, revolvers, or other fire-
arms capable of being concealed upon the per-
son, at events specified in subdivision (g) of
Section 12078, subject to the prohibitions and
restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a)
also may accept delivery of firearms other than
pistols, revolvers, or other firearms capable of
being concealed upon the person, outside the
building designated in the license, provided the
firearm is being donated for the purpose of sale
or transfer at an auction or similar event speci-
fied in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the pur-
chaser, transferee, or person being loaned the
firearm at one of the following places:
(1) The building designated in the license.
(ii) The places specified in subparagraph (B)
or (C).
(iii) The place of residence of, the fixed place
of business of, or on private property owned or
lawfully possessed by, the purchaser, transfer-
ee, or person being loaned the firearm.
(2) The license or a copy thereof, certified by
the issuing authority, shall be displayed on the
premises where it can easily be seen.
(3) No firearm shall be delivered:
(A) Within 10 days of the application to pur-
chase, or, after notice by the department pursu-
ant to subdivision (d) of Section 12076, within 10
days of the submission to the department of any
correction to the application, or within 10 days of
the submission to the department of any fee re-
quired pursuant to subdivision (e) of Section
12076, whichever is later.
(B) Unless unloaded and securely wrapped or
unloaded and in locked container.
(C) Unless the purchaser, transferee, or per-
son being loaned the firearm presents clear evi-
dence of his or her identity and age to the deal-
er.
(D) Whenever the dealer is notified by the
Department of Justice that the person is
prohibited by state or federal law from
possessing, owning, purchasing, or receiving a
firearm.. The dealer shall make available to the
person in the prohibited class a prohibited notice
and transfer form, provided by the department,
stating that the person is prohibited from owning
or possessing a firearm, and that the person
may obtain from the department the reason for
the prohibition.
(4) No pistol', revolver, or other firearm or imi-
tation thereof capable of being concealed upon
the person, or placard advertising the sale or
other transfer thereof, shall be displayed in any
part of the premises where it can readily be seen
from the outside.
(5) The licensee shall agree to and shall act
properly and promptly in processing firearms
transactions pursuant to Section 12082.
(6) The licensee shall comply with Sections
12073, 12076, and 12077, subdivisions (a) and
(b) and paragraph (1) of subdivision (f) of
Section 12072, and subdivision (a) of Section
12316.
(7) The licensee shall post conspicuously
within the licensed premises the following warn-
ings in block letters not less than one inch in
height:
(A) "IF YOU KEEP A LOADED FIREARM
WITHIN ANY PREMISES UNDER YOUR CUS-
TODY OR CONTROL, AND A PERSON UN-
DER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH,
OR CARRIES IT TO A PUBLIC PLACE, YOU
MAY BE GUILTY OF A MISDEMEANOR OR A
FELONY UNLESS YOU STORED THE FIRE-
ARM IN A LOCKED CONTAINER OR LOCKED
THE FIREARM WITH A LOCKING DEVICE, TO
KEEP IT FROM TEMPORARILY FUNCTION-
ING,"
(B) "IF YOU KEEP A PISTOL, REVOLVER,
OR OTHER FIREARM CAPABLE OF BEING
CONCEALED UPON THE PERSON, WITHIN
ANY PREMISES UNDER YOUR CUSTODY OR
CONTROL, AND A PERSON UNDER 18
YEARS OF AGE GAINS ACCESS TO THE
FIREARM, AND CARRIES IT OFF - PREMISES,
YOU MAY BE GUILTY OF A MISDEMEANOR,
UNLESS YOU STORED THE FIREARM IN A
LOCKED CONTAINER, OR LOCKED THE
FIREARM WITH A LOCKING DEVICE, TO
KEEP IT FROM TEMPORARILY FUNCTION-
ING."
(C) "IF YOU KEEP ANY FIREARM WITHIN
ANY PREMISES UNDER YOUR CUSTODY OR
CONTROL, AND A PERSON UNDER 18
YEARS OF AGE GAINS ACCESS TO THE
FIREARM, AND CARRIES IT OFF - PREMISES
TO A SCHOOL OR SCHOOL - SPONSORED
EVENT, YOU MAY BE GUILTY OF A MISDE-
MEANOR, INCLUDING A FINE OF UP TO FIVE
THOUSAND DOLLARS ($5,000), UNLESS YOU
STORED THE FIREARM IN A LOCKED COW
TAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(D) "DISCHARGING FIREARMS IN POORLY
VENTILATED AREAS, CLEANING FIREARMS,
OR HANDLING AMMUNITION MAY RESULT
IN EXPOSURE TO LEAD, A SUBSTANCE
KNOWN TO CAUSE BIRTH DEFECTS, RE-
PRODUCTIVE HARM, AND OTHER SERIOUS
PHYSICAL INJURY. HAVE ADEQUATE VENTI-
LATION AT ALL TIMES. WASH HANDS
THOROUGHLY AFTER EXPOSURE."
(E) "FEDERAL REGULATIONS PROVIDE
THAT IF YOU DO NOT TAKE PHYSICAL POS-
SESSION OF THE FIREARM THAT YOU ARE
ACQUIRING OWNERSHIP OF WITHIN 30
DAYS AFTER YOU COMPLETE THE INITIAL
BACKGROUND CHECK PAPERWORK, THEN
YOU HAVE TO GO THROUGH THE BACK-
GROUND CHECK PROCESS A SECOND TIME
IN ORDER TO TAKE PHYSICAL POSSESSION
OF THAT FIREARM."
(F) "NO PERSON SHALL MAKE AN APPL-
ICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM
CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30 -DAY PERIOD
AND NO DELIVERY SHALL BE MADE TO ANY
PERSON WHO HAS MADE AN APPLICATION
TO PURCHASE MORE THAN ONE PISTOL,
REVOLVER, OR OTHER FIREARM CAPABLE
OF BEING CONCEALED UPON THE PERSON'
WITHIN ANY 30 -DAY PERIOD."
(8)(A) Commencing April 1, 1994, and until
January 1, 2003, no pistol, revolver, or other fire-
arm capable of being concealed upon the per-
son shall be delivered unless the purchaser,
transferee, or person being loaned the firearm
presents to the dealer a basic firearms safety
certificate.
(B) Commencing January 1, 2003, no dealer
may deliver a handgun unless the person receiv-
ing the handgun presents to the dealer a valid
handgun safety certificate. The firearms dealer
shall retain a photocopy of the handgun safety
certificate as proof of compliance with this
requirement.
(C) Commencing January 1, 2003, no hand-
gun may be delivered unless the purchaser,
transferee, or person being loaned the firearm
presents documentation indicating that he or she
is a California resident. Satisfactory documenta-
tion shall include a utility bill from within the last
three months, a residential lease, a property
deed, or military permanent duty station orders
indicating assignment within this state, or other
evidence of residency as permitted by the De-
partment of Justice. The firearms dealer shall re-
tain a photocopy of the documentation as proof
of compliance with this requirement.
(D) Commencing January 1, 2003, except as
authorized by the department, no firearms deal-
er may deliver a handgun unless the recipient
performs a safe handling demonstration with
that handgun. The demonstration shall com-
mence with the handgun unloaded and locked
with the firearm safety device with which it is re-
quired to be delivered, if applicable. While main-
taining muzzle awareness, that is, the firearm is
pointed in a safe direction, preferably down at
the ground, and trigger discipline, that is, the
trigger finger is outside of the trigger guard and
along side of the handgun frame, at all times,
the handgun recipient shall correctly and safely
perform the following:
(1) If the handgun is a semiautomatic pistol:
(1) Remove the magazine.
(II) Lock the slide back. If the model of firearm
does not allow the slide to be locked back, pull
the slide back, visually and physically check the
chamber to ensure that it is clear.
(III) Visually and physically inspect the cham-
ber, to ensure that the handgun is unloaded.
(IV) Remove the firearm safety device, if ap-
plicable. If the firearm safety device prevents
Page 28
any of the previous steps, remove the firearm
safety device during the appropriate step.
(V) Load one bright orange, red, or other
readily identifiable dummy round into the maga-
zine. If no readily identifiable dummy round is
available, an empty cartridge casing with an
empty primer pocket may be used.
(VI) Insert the magazine into the magazine
well of the firearm.
(VII) Manipulate the slide release or pull back
and release the slide.
(VIII) Remove the magazine.
(IX) Visually inspect the chamber to reveal
that a round can be chambered with the maga-
zine removed.
(X) Lock the slide back to eject the bright
orange, red, or other readily identifiable dummy
round. If the handgun is of a model that does not
allow the slide to be locked back, pull the slide
back and physically check the chamber to en-
sure that the chamber is clear. If no readily iden-
tifiable dummy round is available, an empty cart-
ridge casing with an empty primer pocket may
be used.
(XI) Apply the safety, if applicable.
(XII) Apply the firearm safety device, if applic-
able. This requirement shall not apply to an
Olympic competition pistol if no firearms safety
device, other than a cable lock that the depart-
ment has determined would damage the barrel
of the pistol, has been approved for the pistol,
and the pistol is either listed in paragraph (2) of
subdivision (h) of Section 12132 or is subject to
paragraph (3) of subdivision (h) of Section
12132.
(tt) If the handgun is a double- action revolver:
(1) Open the cylinder.
(11) Visually and physically inspect each cham-
ber, to ensure that the revolver is unloaded.
(III) Remove the firearm safety device. If the
firearm safety device prevents any of the previ-
ous steps, remove the firearm safety device dur-
ing the appropriate step.
(IV) While maintaining muzzle awareness and
trigger discipline, load one bright orange, red, or
other readily identifiable dummy round into a
chamber of the cylinder and rotate the cylinder
so that the round is in the next -to -fire position. If
no readily identifiable dummy round is available,
an empty cartridge casing with an empty primer
pocket may be used.
(V) Close the cylinder.
(VI) Open the cylinder and eject the round.
(VII) Visually and physically inspect each
chamber to ensure that the revolver is unloaded.
(VIII) Apply the firearm safety device, if applic-
able. This requirement shall not apply to an
Olympic competition pistol if no firearms safety
device, other than a cable lock that the depart-
ment has determined would damage the barrel
of the pistol, has been approved for the pistol,
and the pistol is either listed in paragraph (2) of
subdivision (h) of Section 12132 or is subject to
paragraph (3) of subdivision (h) of Section
12132.
(iii) If the handgun is a single- action revolver:
(1) Open the loading gate.
(11) Visually and physically inspect each cham-
ber, to ensure that the revolver is unloaded.
(111) Remove the firearm safety device re-
quired to be sold with the handgun. If the firearm
safety device prevents any of the previous
steps, remove the firearm safety device during
the appropriate step.
(IV) Load one bright orange, red, or other
readily identifiable dummy round into a chamber
of the cylinder, close the loading gate and rotate
the cylinder so that the round is in the next -to-
fire position. If no readily identifiable dummy
round is available, an empty cartridge casing
with an empty primer pocket may be used.
(V) Open the loading gate and unload the
revolver.
(VI) Visually and physically inspect each
chamber to ensure that the revolver is unloaded.
(VII) Apply the firearm safety device, if applic-
able. This requirement shall not apply to an
Olympic competition pistol if no firearms safety
device, other than a cable lock that the depart-
ment has determined would damage the barrel
of the pistol, has been approved for the ,pistol,
and the pistol is either listed in paragraph (2) of
subdivision (h) of Section 12132 or is subject to
paragraph (3) of subdivision (h) of Section
12132.
(E) The recipient shall receive instruction re-
garding how to render that handgun safe in the
event of a jam.
(F) The firearms dealer shall sign and date an
affidavit stating that the requirements of subpar-
agraph (D) have been met. The firearms dealer
shall additionally obtain the signature of the
handgun purchaser on the same affidavit. The
firearms dealer shall retain the original affidavit
as proof of compliance with this requirement.
(G) The recipient shall perform the safe hand-
ling demonstration for a department certified in-
structor.
(H) No demonstration shall be required if the
dealer is returning the handgun to the owner of
the handgun.
(1) Department certified instructors who may
administer the safe handling demonstration shall
meet the requirements set forth in subdivision Q)
of Section 12804.
(J) The persons who are exempt from the re-
quirements of subdivision (b) of Section 12801,
pursuant to Section 12807, are also exempt
from performing the safe handling demonstra-
tion.
(9) Commencing July 1, 1992, the licensee
shall offer to provide the purchaser or transferee
of a firearm, or person being loaned a firearm,
with a copy of the pamphlet described in Section
12080 and may add the cost of the pamphlet, if
any, to the sales price of the firearm.
(10) The licensee shall not commit an act of
collusion as defined in Section 12072.
(11) The licensee shall post conspicuously
within the licensed premises a detailed list of
each of the following:
(A) All charges required by governmental
agencies for processing firearm transfers re-
quired by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursu-
ant to Sections 12082 and 12806.
(12) The licensee shall not misstate the
amount of fees charged by a governmental
agency pursuant to Sections 12076, 12082, and
12806.
(13) Except as provided in subparagraphs (B)
and (C) of paragraph (1) of subdivision (b), all
firearms that are in the inventory of the licensee
shall be kept within the licensed location. The
licensee shall report the loss or theft of any
firearm that is merchandise of the licensee, any
firearm that the licensee takes possession of
pursuant to Section 12082, or any firearm kept
at the licensee's place of business within 48
hours of discovery to the appropriate law
enforcement agency in the city, county, or city
and county where the licensee's business
premises are located.
(14) Except as provided in subparagraphs (B)
and (C) of paragraph (1) of subdivision (b), any
time when the licensee is not open for business,
all inventory firearms shall be stored in the
licensed location. All firearms shall be secured
using one of the following methods as to each
particular firearm:
(A) Store the firearm in a secure facility that is
a part of, or that constitutes, the licensee's busi-
ness premises.
(B) Secure the firearm with a hardened steel
rod or cable of at least one - eighth inch in diam-
eter through the trigger guard of the firearm. The
steel rod or cable shall be secured with a hard-
ened steel lock that has a shackle. The lock and
shackle shall be protected or shielded from the
use of a boltcutter and the rod or cable shall be
anchored in a manner that prevents the removal
of the firearm from the premises.
(C) Store the firearm in a locked fireproof safe
or vault in the licensee's business premises.
(15) The licensing authority in an unincorpo-
rated area of a county or within a city may im-
pose security requirements that are more strict
or are at a higher standard than those specified
in paragraph (14).
(16) Commencing January 1, 1994, the licen-
see shall, upon the issuance or renewal of a lk
cense, submit a copy of the same to the Depart-
ment of Justice.
(17) The licensee shall maintain and make
available for inspection during business hours to
any peace officer, authorized local law enforce-
ment employee, or Department of Justice em-
ployee designated by the Attorney General, up-
on the presentation of proper identification, a
firearms transaction record.
(18)(A) On the date of receipt, the licensee
shall report to the Department of Justice in a for-
mat prescribed by the department the acquisi-
tion by the licensee of the ownership of a pistol,
revolver, or other firearm capable of being con-
cealed upon the person.
(B) The provisions of this paragraph shall not
apply to any of the following transactions:
(1) A transaction subject to the provisions of
subdivision (n) of Section 12078.
(ii) The dealer acquired the firearm from a
wholesaler.
(iii) The dealer acquired the firearm from a
person who is licensed as a manufacturer or
importer to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and any
regulations issued pursuant thereto.
(iv) The dealer acquired the firearm from a
person who resides outside this state who is
licensed pursuant to Chapter 44 (commencing
with Section 921) of Tilte 18 of the United States
Code and any regulations issued pursuant
thereto.
(v) Until July 1, 2010, the dealer is also
licensed as a secondhand dealer pursuant to
Article 4 (commencing with Section 21625) of
Chapter 9 of Division 8 of the Business and
Professions Code, acquires a handgun, and
reports its acquisition pursuant to Section 21628
of the Business and Professions Code.
(vi) Commencing July 1, 2010, the dealer is
also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of
Chapter 9 of Division 8 of the Business and
Professions Code, acquires a handgun, and
reports its acquisions pursuant to Section
21628.2 of the Business and Professions Code.
(19) The licensee shall forward in a format
prescribed by the Department of Justice, infor-
mation as required by the department on any
firearm that is not delivered within the time peri-
od set forth in Section 478.102(c) of Title 27 of
the Code of Federal Regulations.
Page 29
(20)(A) Firearms dealers may require any
agent who handles, sells, or delivers firearms to
obtain and provide to the dealer a certificate of
eligibility from the department pursuant to para-
graph (4) of subdivision (a). The agent or em-
ployee shall provide on the application, the
name and California firearms dealer number of
the firearms dealer with whom he or she is em-
ployed.
(B) The department shall notify the firearms
dealer in the event that the agent or employee
who has a certificate of eligibility is or becomes
prohibited from possessing firearms.
(C) If the local jurisdiction requires a back-
ground check of the agents or employees of the
firearms dealer, the agent or employee shall ob-
tain a certificate of eligibility pursuant to subpar-
agraph (A).
(D) Nothing in this paragraph shall be con -
strued to preclude a local jurisdiction from cond-
ucting an additional background check pursuant
to Section 11105 or prohibiting employment
based on criminal history that does not appear
as part of obtaining a certificate of eligibility, pro-
vided however, that the local jurisdiction may not
charge a fee for the additional criminal history
check.
(E) The licensee shall prohibit any agent who
the licensee knows or reasonably should know
is within a class of persons prohibited from pos-
sessing firearms pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of
the Welfare and Institutions Code, from coming
into contact with any firearm that is not secured
and from accessing any key, combination, code,
or other means to open any of the locking de-
vices described in clause (ii) of subparagraph
(G) of this paragraph.
(F) Nothing in this paragraph shall be con-
strued as preventing a local government from
enacting an ordinance imposing additional con-
ditions on licensees with regard to agents.
(G) For purposes of this section, the following
definitions shall apply:
(1) An "agent is an employee of the licensee.
(it) "Secured" means a firearm that is made
inoperable in one or more of the following ways:
(1) The firearm is inoperable because it is se-
cured by a firearms safety device listed on the
department's roster of approved firearms safety
devices pursuant to subdivision (d) of Section
12088 of this chapter.
(11) The firearm is stored in a locked gun safe
or long -gun safe which meets the standards for
department- approved gun safes set forth in Sec-
tion 12088.2.
(111) The firearm is stored in a distinct locked
room or area in the building that is used to store
firearms that can only be unlocked by a key, a
combination, or similar means.
(IV) The firearm is secured with a hardened
steel rod or cable that is at least one - eighth of
an inch in diameter through the trigger guard of
the firearm, The steel rod or cable shall be se-
cured with a hardened steel lock that has a
shackle. The lock and shackle shall be protected
or shielded from the use of a boltcutter and the
rod or cable shall be anchored in a manner that
prevents the removal of the firearm from the
premises.
(c)(1) As used in this article, "clear evidence
of his or her identity and age" means either of
the following:
(A) A valid California driver's license.
(B) A valid California identification card issued
by the Department of Motor Vehicles.
(2) As used in this section, a "secure facility"
means a building that meets all of the following
specifications:
(A) All perimeter doorways shall meet one of
the following:
(1) A windowless steel security door equipped
with both a dead bolt and a doorknob lock.
(it) A windowed metal door that is equipped
with both a dead bolt and a doorknob lock. If the
window has an opening of five inches or more
measured in any direction, the window shall be
covered with steel bars of at least 1/2 -inch diam-
eter or metal grating of at least 9 gauge affixed
to the exterior or interior of the door.
(111) A metal grate that is padlocked and af-
fixed to the licensee's premises independent of
the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air- conditioning, and
service openings are secured with steel bars,
metal grating, or an alarm system.
(D) Any metal grates have spaces no larger
than six inches wide measured in any direction.
(E) Any metal screens have spaces no larger
than three inches wide measured in any direc-
tion.
(F) All steel bars shall be no further than six
inches apart.
(3) As used in this section, "licensed prem-
ises," "licensed place of business," "licensee's
place of business," or "licensee's business
premises" means the building designated in the
license.
(4) For purposes of paragraph (17) of subdi-
vision (b):
(A) A "firearms transaction record" is a record
containing the same information referred to in
subdivision (a) of Section 478.124, Section 478.
124a, and subdivision (e) of Section 478.125 of
Title 27 of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the
provisions of paragraph (17) of subdivision (b) if
he or she maintains and makes available for in-
spection during business hours to any peace of-
ficer, authorized local law enforcement employ -
ee, or Department of Justice employee desig-
nated by the Attorney General, upon the presen-
tation of proper identification, the bound book
containing the same information referred to in
Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regu-
lations and the records referred to in subdivision
(a) of Section 478.124 of Title 27 of the Code of
Federal Regulations.
(d) Upon written request from a licensee, the
licensing authority may grant an exemption from
compliance with the requirements of paragraph
(14) of subdivision (b) if the licensee is unable to
comply with those requirements because of local
ordinances, covenants, lease conditions, or sim-
ilar circumstances not under the control of the
licensee.
(e)(1) Except as otherwise provided in this
paragraph, the Department of Justice shall keep
a centralized list of all persons licensed pursuant
to subparagraphs (A) to (E), inclusive, of para-
graph (1) of subdivision (a). The department
may removq from this list any person who
knowingly or with gross negligence violates this
article. Upon removal of a dealer from this list,
notification shall be provided to local law
enforcement and licensing authorities in the
jurisdiction where the dealer's business Is
located.
(2) The department shall remove from the
centralized list any person whose federal fire-
arms license has expired or has been revoked.
(3) Information compiled from the list shall be
made available, upon request, for the following
purposes only:
(A) For law enforcement purposes.
(B) When the information is requested by a
person licensed pursuant to Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code for determining the validity
of the license for firearm shipments.
(C) When information is requested by a per-
son promoting, sponsoring, operating, or other-
wise organizing a show or event as defined in
Section 478.100 of Title 27 of the Code of Fed-
eral Regulations, or its successor, who pos-
sesses a valid certificate of eligibility issued pur-
suant to Section 12071.1, if that information is
requested by the person to determine the elig-
ibility of a prospective participant in a gun show
or event to conduct transactions as a firearms
dealer pursuant to subparagraph (B) of para-
graph (1) of subdivision (b).
(4) Information provided pursuant to para-
graph (3) shall be limited to information neces-
sary to corroborate an individual's current li-
cense status as being one of the following:
(A) A person licensed pursuant to subpara-
graphs (A) to (E), inclusive, of paragraph (1) of
subdivision (a).
(B) A person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code and who is not subject to
the requirement that he or she be licensed pur-
suant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a).
(f) The Department of Justice may inspect
dealers to ensure compliance with this article.
The department may assess an annual fee, not
to exceed one hundred fifteen dollars ($115), to
cover the reasonable cost of maintaining the list
described in subdivision (e), including the cost of
inspections. Dealers whose place of business is
in a jurisdiction that has adopted an inspection
program to ensure compliance with firearms law
shall be exempt from that portion of the depart-
ment's fee that relates to the cost of inspections.
The applicant is responsible for providing evi-
dence to the department that the jurisdiction in
which the business is located has the inspection
program.
(g) The Department of Justice shall maintain
and make available upon request information
concerning the number of inspections conducted
and the amount of fees collected' pursuant to
subdivision (f), a listing of exempted jurisdic-
tions, as defined In subdivision (f), the number of
dealers removed from the centralized list defined
in subdivision (e), and the number of dealers
found to have violated this article with know-
ledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b)
shall not apply to a licensee organized as a non-
profit public benefit or mutual benefit corporation
organized pursuant to Part 2 (commencing with
Section 5110) or Part 3 (commencing with
Section 7110) of Division 2 of the Corporations
Code, if both of the following conditions are
satisfied:
(1) The nonprofit public benefit or mutual ben-
efit corporation obtained the dealer's license
solely and exclusively to assist that corporation
or local chapters of that corporation in conduct-
ing auctions or similar events at which firearms
are auctioned off to fund the activities of that
corporation or the local chapters of the corpora-
tion.
(2) The firearms are not pistols, revolvers, or
other firearms capable of being concealed upon
the person.
Page 30
12071.1 Gun shows; certificate of
eligibility; violations; punishment; list of
show participants
(a) No person shall produce, promote, spons-
or, operate, or otherwise organize a gun show or
event, as specified in subparagraph (B) of para-
graph (1) of subdivision (b) of Section 12071,
unless that person possesses a valid certificate
of eligibility from the Department of Justice. Un-
less the department's records indicate that the
applicant is a person prohibited from possessing
firearms, a certificate of eligibility shall be issued
by the Department of Justice to an applicant pro-
vided the applicant does all of the following:
(1) Certifies that he or she is familiar with the
provisions of this section and Section 12071.4.
(2) Ensures that liability insurance is in effect
for the duration of an event or show in an
amount of not less than one million dollars
($1,000,000).
(3) Provides an annual list of the gun shows
or events that the applicant plans to promote,
produce, sponsor, operate, or otherwise organ-
ize during the year for which the certificate of
eligibility is issued, including the date, time, and
location of the gun shows or events.
(b) If during that year the information required
by paragraph (3) of subdivision (a) changes, or
additional gun shows or events will be promoted,
produced, sponsored, operated, or otherwise
organized by the applicant, the producer shall
notify the Department of Justice no later than 30
days prior to the gun show or event.
(c) As used in this section, a "licensed gun
show producer" means a person who has been
issued a certificate of eligibility by the Depart-
ment of Justice pursuant to subdivision (a). No
regulations shall be required to implement this
subdivision.
(d) The Department of Justice shall adopt reg-
ulations to administer the certificate of eligibility
program under this section and shall recover the
full costs of administering the program by fees
assessed applicants who apply for certificates.
A licensed gun show producer shall be as-
sessed an annual fee of eighty -five dollars ($85)
by the department.
(e)(1) A willful failure by a gun show producer
to comply with any of the requirements of this
section, except for the posting of required signs,
shall be a misdemeanor punishable by a fine not
to exceed two thousand dollars ($2,000), and
shall render the producer ineligible for a gun
show producer license for one year from the
date of the conviction.
(2) The willful failure of a gun show producer
to post signs as required by this section shall be
a misdemeanor punishable by a fine not to ex-
ceed one thousand dollars ($1,000) for the first
offense and not to exceed two thousand dollars
($2,000) for the second or subsequent offense,
and with respect to the second or subsequent
offense, shall render the producer ineligible for a
gun show producer license for one year from the
date of the conviction.
(3) Multiple violations charged pursuant to
paragraph (1) arising from more than one gun
show or event shall be grounds for suspension
of a producer's certificate of eligibility pending
adjudication of the violations.
(f) Prior to the commencement of a gun show
or event, the producer thereof shall, upon written
request, within 48 hours, or a later time specified
by the requesting law enforcement agency,
make available to the requesting law enforce-
ment agency with jurisdiction over the facility, a
complete and accurate list of all persons, enti-
ties, and organizations that have leased or rent-
ed, or are known to the producer to intend to
lease or rent, any table, display space, or area
at the gun show or event for the purpose of sel-
ling, leasing, or transferring firearms.
The producer shall thereafter, upon written re-
quest, for every day the gun show or event oper-
ates, within 24 hours, or a later time specified by
the requesting law enforcement agency, make
available to the requesting law enforcement
agency with jurisdiction over the facility, an ac-
curate, complete, and current list of the persons,
entities, and organizations that have leased or
rented, or are known to the producer to intend to
lease or rent, any table, display space, or area
at the gun show or event for the purpose of
selling, leasing, or transferring firearms.
This subdivision applies to persons, entities,
and organizations whether or not they partici-
pate in the entire gun show or event, or only a
portion thereof.
(g) The information that may be requested by
the law enforcement agency with jurisdiction
over the facility, and that shall be provided by
the producer upon request, may include, but is
not limited to, the following information relative
to a vendor who offers for sale firearms manu-
factured after December 31, 1898: his or her
complete name, and a driver's license or iden-
tification card number.
(h) The producer and facility manager shall
prepare an annual event and security plan and
schedule that shall include, at a minimum, the
following:
(1) The type of shows or events including, but
not limited to, antique or general firearms.
(2) The estimated number of vendors offering
firearms for sale or display.
(3) The estimated number of attendees.
(4) The number of entrances and exits at the
gun show or event site.
(5) The location, dates, and times of the
shows or events.
(6) The contact person and telephone number
for both the producer and the facility.
(7) The number of sworn peace officers
employed by the producer or the facilities
manager who will be present at the show or
event.
(8) The number of nonsworn security person-
nel employed by the producer or the facility's
manager who will be present at the show or
event.
(i) The annual event and security plan shall
be submitted by either the producer or the facil-
ity's manager to the Department of Justice and
the law enforcement agency with jurisdiction
over the facility. Not later than 15 days prior to
the commencement of the gun show or event,
the producer shall submit to the department, the
law enforcement agency with jurisdiction over
the facility site, and the facility's manager a re-
vised event and security plan if significant
changes have been made since the annual plan
was submitted, including a revised list of ven-
dors that the producer knows, or reasonably
should know, will be renting tables, space, or
otherwise participating in the gun show or event.
The event and security plan shall be approved
by the facility's manager prior to the event or
show after consultation with the law enforcement
agency with jurisdiction over the facility. No gun
show or event shall commence unless the re-
quirements of this subdivision are met.
0) The producer shall be responsible for in-
forming prospective gun show vendors of the
requirements of this section and of Section
12071.4 that apply to vendors.
(k) The producer shall, within seven calendar
days of the commencement of the show or
event, but not later than noon on Friday for a
show or event held on a weekend, submit a list
of all prospective vendors and designated fire-
arms transfer agents who are licensed firearms
dealers to the Department of Justice for the pur-
pose of determining whether these prospective
vendors and designated firearms transfer agents
possess valid licenses and are thus eligible to
participate as licensed dealers at the show or
event. The department shall examine its records
and if it determines that a dealer's license is not
valid, it shall notify the show or event producer
of that fact prior to the commencement of the
show or event.
(1) If a licensed firearms dealer fails to cooper-
ate with a producer or fails to comply with the
applicable requirements of this section or Sec-
tion 12071.4, that person shall not be allowed to
participate in that show or event.
(m) If a producer fails to comply with subdivi-
sion 0) or (k), the gun show or event shall not
commence until those requirements are met.
(n) All producers shall have written contracts
with all gun show vendors selling firearms at the
show or event.
(o) The producer shall require that signs be
posted in a readily visible location at each public
entrance to the show containing, but not limited
to, the following notices:
(1) This gun show follows all federal, state,
and local firearms and weapons laws without
exception.
(2) All firearms carried onto the premises by
members of the public will be checked, cleared
of any ammunition, secured in a manner that
prevents them from being operated, and an
identification tag or sticker will be attached to the
firearm prior to the person being allowed admit-
tance to the show.
(3) No member of the public under the age of
18 years shall be admitted to the show unless
accompanied by a parent, grandparent, or legal
guardian.
(4) All firearms transfers between private
parties at the show shall be conducted through a
licensed dealer in accordance with applicable
state and federal laws.
(5) Persons possessing firearms on this facil-
ity must have in their immediate possession gov-
emment- issued photo identification, and display
it upon request to any security officer or any
peace officer, as defined in Section 830.
(p) The show producer shall post, in a readily
visible location at each entrance to the parking
lot at the show, signage that states: 'The trans-
fer of firearms on the parking lot of this facility is
a crime."
(q) It is the intent of the Legislature that the
certificate of eligibility program established pur-
suant to this section be incorporated into the
certificate of eligibility program established pur-
suant to Section 12071 to the maximum extent
practicable.
12071.4. Gun Show Enforcement and
Security Act of 2000
(a) This section shall be known, and may be
cited as, the Gun Show Enforcement and Secur-
ity Act of 2000.
(b) All gun show or event vendors shall certify
in writing to the producer that they:
(1) Will not display, possess, or offer for sale
any firearms, knives, or weapons for which pos-
session or sale is prohibited.
(2) Acknowledge that they are responsible for
knowing and complying with all applicable fed-
Page 31
eral, state, and local laws dealing with the pos-
session and transfer of firearms.
(3) Will not engage in activities that incite or
encourage hate crimes.
(4) Will process all transfers of firearms
through licensed firearms dealers as required by
state law.
(5) Will verify that all firearms in their posses-
sion at the show or event will be unloaded, and
that the firearms will be secured in a manner
that prevents them from being operated except
for brief periods when the mechanical condition
of a firearm is being demonstrated to a prospec-
tive buyer.
(6) Have complied with the requirements of
subdivision (e).
(7) Will not display or possess black powder,
or offer it for sale.
(c) All firearms transfers at the gun show or
event shall be in accordance with applicable
state and federal laws.
(d) Except for purposes of showing ammuni-
tion to a prospective buyer, ammunition at a gun
show or event may be displayed only in closed
original factory boxes or other closed containers.
(e) Prior to the commencement of a gun show
or event, each vendor shall provide to the pro-
ducer all of the following information relative to
the vendor, the vendor's employees, and other
persons, compensated or not, who will be work-
ing or otherwise providing services to the public
at the vendor's display space if firearms man-
ufactured after December 31, 1898, will be offer-
ed for sale:
(1) His or her complete name.
(2) His or her driver's license or state - issued
identification card number.
(3) His or her date of birth.
The producer shall keep the information at the
show's or event's onsite headquarters for the
duration of the show or event, and at the produc-
er's regular place of business for two weeks
after the conclusion of the show or event, and
shall make the information available upon re-
quest to any sworn peace officer for purposes of
the officer's official law enforcement duties.
(f) Vendors and employees of vendors shall
wear name tags indicating first and last name.
(g) No person at a gun show or event, other
than security personnel or sworn peace officers,
shall possess at the same time both a firearm
and ammunition that is designed to be fired in
the firearm. Vendors having those items at the
show for sale or exhibition are exempt from this
prohibition.
(h) No member of the public who is under the
age of 18 years shall be admitted to, or be per-
mitted to remain at, a gun show or event unless
accompanied by a parent or legal guardian. Any
member of the public who is under the age of 18
shall be accompanied by his or her parent,
grandparent, or legal guardian while at the show
or event.
(i) Persons other than show or event security
personnel, sworn peace officers, or vendors,
who bring firearms onto the gun show or event
premises shall sign in ink the tag or sticker that
is attached to the firearm prior to being allowed
admittance to the show or event, as provided for
in subdivision Q).
0) All firearms carried onto the premises of a
gun show or event by members of the public
shall be checked, cleared of any ammunition,
secured in a manner that prevents them from
being operated, and an identification tag or stick-
er shall be attached to the firearm, prior to the
person being allowed admittance to the show.
The identification tag or sticker shall state that all
firearms transfers between private parties at the
show or event shall be conducted through a li-
censed dealer in accordance with applicable
state and federal laws. The person possessing
the firearm shall complete the following informa-
tion on the tag before it is attached to the fire-
arm:
(1) The gun owner's signature.
(2) The gun owner's printed name.
(3) The identification number from the gun
owner's government- issued photo identification.
(k) All persons possessing firearms at the gun
show or event shall have in his or her immediate
possession, government- issued photo identifica-
tion, and display it upon request, to any security
officer, or any peace officer.
(1) Unless otherwise specified, a first violation
of this section is an infraction. Any second or
subsequent violation is a misdemeanor, Any
person who commits an act which he or she
knows to be a violation of this section is guilty of
a misdemeanor for a first offense.
12072. Restrictions on transfer of firearms;
Act of collusion; PunishMent for violations
(a)(1) No person, corporation, or firm shall
knowingly supply, deliver, sell, or give posses-
sion or control of a firearm to any person within
any of the classes prohibited by Section 12021
or 12021.1.
(2) No person, corporation, or dealer shall
sell, supply, deliver, or give possession or con-
trol of a firearm to any person whom he or she
has cause to believe to be within any of the
classes prohibited by Section 12021 or 12021.1
of this code or Section 8100 or 8103 of the Wel-
fare and Institutions Code.
(3)(A) No person, corporation, or firm shall
sell, loan, or transfer a firearm to a minor, nor
sell a handgun to an individual under 21 years of
age.
(B) Subparagraph (A) shall not apply to or af-
fect those circumstances set forth in subdivision
(p) of Section 12078.
(4) No person, corporation, or dealer shall
sell, loan, or transfer a firearm to any person
whom he or she knows or has cause to believe
is not the actual purchaser or transferee of the
firearm, or to any person who is not the person
actually being loaned the firearm, if the person,
corporation, or dealer has either of the following:
(A) Knowledge that the firearm is to be subse-
quently loaned, sold, or transferred to avoid the
provisions of subdivision (c) or (d).
(B) Knowledge that the firearm is to be subse-
quently loaned, sold, or transferred to avoid the
requirements of any exemption to the provisions
of subdivision (c) or (d).
(5) No person, corporation, or dealer shall ac-
quire a firearm for the purpose of selling, trans-
ferring, or loaning the firearm, if the person, cor-
poration, or dealer has either of the following:
(A) In the case of a dealer, Intent to violate
subdivision (b) or (c).
(B) In any other case, intent to avoid either of
the following:
(1) The provisions of subdivision (d).
(ii) The requirements of any exemption to the
provisions of subdivision (d).
(6) The dealer shall comply with the provi-
sions of paragraph (18) of subdivision (b) of
Section 12071.
(7) The dealer shall comply with the provi-
sions of paragraph (19) of subdivision (b) of
Section 12071.
(8) No person shall sell or otherwise transfer
his or her ownership in a handgun unless the
firearm bears either:
(A) The name of the manufacturer, the manu-
facturer's make or model, and a manufacturer's
serial number assigned to that firearm.
(B) The identification number or mark as-
signed to the firearm by the Department of Just-
ice pursuant to Section 12092.
(9)(A) No person shall make an application to
purchase more than one handgun within any 30-
day period.
(B) Subparagraph (A) shall not apply to any of
the following:
(1) Any law enforcement agency.
(ii) Any agency duly authorized to perform law
enforcement duties.
(iii) Any state or local correctional facility.
(iv) Any private security company licensed to
do business in California.
(v) Any person who is properly identified as a
full -time paid peace officer, as defined in Chap-
ter 4.5 (commencing with Section 830) of Title 3
of Part 2, and who is authorized to, and does
carry a firearm during the course and scope of
his or her employment as a peace officer.
(vi) Any motion picture, television, or video
production company or entertainment or theatri-
cal company whose production by its nature in-
volves the use of a firearm.
(vii) Any person who may, pursuant to Sec-
tion 12078, claim an exemption from the waiting
period set forth in subdivision (c) of this section.
(viii) Any transaction conducted through a
licensed firearms dealer pursuant to Section
12082.
(ix) Any person who is licensed as a collector
pursuant to Chapter 44 (commencing with Sec-
tion 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto and
who has a current certificate of eligibility issued
to him or her by the Department of Justice pur-
suant to Section 12071.
(x) The exchange of a handgun where the
dealer purchased that firearm from the person
seeking the exchange within the 30 -day period
immediately preceding the date of exchange or
replacement.
(xi) The replacement of a handgun when the
person's handgun was lost or stolen, and the
person reported that firearm lost or stolen prior
to the completion of the application to purchase
to any local law enforcement agency of the city,
county, or city and county in which he or she
resides.
(xii) The return of any handgun to its owner.
(xiii) Community colleges that are certified by
the Commission on Peace Officer Standard and
Training to present the law enforcement
academy basic course or other commission-
certified law enforcement training.
(b) No person licensed under Section 12071
shall supply, sell, deliver, or give possession or
control of a handgun to any person under the
age of 21 years or any other firearm to a person
under the age of 18 years.
(c) No dealer, whether or not acting pursuant
to Section 12082, shall deliver a firearm to a per-
son, as follows:
(1) Within 10 days of the application to pur-
chase, or, after notice by the department pursu-
ant to subdivision (d) of Section 12076, within 10
days of the submission to the department of any
correction to the application, or within 10 days of
the submission to the department of any fee re-
quired pursuant to subdivision (e) of Section
12076, whichever is later.
(2) Unless unloaded and securely wrapped or
unloaded and in a locked container.
(3) Unless the purchaser, transferee, or per-
son being loaned the firearm presents clear evi-
Page 32
dence of his or her identity and age, as defined
in Section 12071, to the dealer.
(4) Whenever the dealer is notified by the
Department of Justice that the person is
prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm.
(5)(A) Commencing April 1, 1994, and until
January 1, 2003, handgun shall be delivered
unless the purchaser, transferee, or person
being loaned the firearm presents to the dealer a
basic firearms safety certificate.
(B) Commencing January 1, 2003, no hand-
gun shall be delivered unless the purchaser,
transferee, or person being loaned the handgun
presents a handgun safety certificate to the
dealer.
(6) No handgun shall be delivered whenever
the dealer is notified by the Department of
Justice that within the preceding 30 -day period
the purchaser has made another application to
purchase handgun and that the previous
application to purchase involved none of the
entities specified in subparagraph (B) of
paragraph (9) of subdivision (a).
(d) Where neither party to the transaction
holds a dealer's license issued pursuant to Sec-
tion 12071, the parties to the transaction shall
complete the sale, loan, or transfer of that fire-
arm through a licensed firearms dealer pursuant
to Section 12082.
(e) No person may commit an act of collusion
relating to Article 8 (commencing with Section
12800) of Chapter 6. For purposes of this sec-
tion and Section 12071, collusion may be proven
by any one of the following factors:
(1) Answering a test applicant's questions dur-
ing an objective test relating to firearms safety.
(2) Knowingly grading the examination falsely.
(3) Providing an advance copy of the test to
an applicant.
(4) Taking or allowing another person to take
the basic firearms safety course for one who is
the applicant for a basic firearms safety certifi-
cate or a handgun safety certificate.
(5) Allowing another to take the objective test
for the applicant, purchaser, or transferee.
(6) Using or allowing another to use one's
identification, proof of residency, or thumbprint.
(7) Allowing others to give unauthorized as-
sistance during the examination.
(8) Reference to unauthorized materials dur-
ing the examination and cheating by the appli-
cant.
(9) Providing originals or photocopies of the
objective test, or any version thereof, to any per-
son other than as authorized by the department.
(f)(1)(A) Commencing July 1,2008, a person
who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code may not deliver, sell, or
transfer a firearm to a person in California who is
licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code unless, prior to delivery, the person
intending to deliver, sell, or transfer the firearm
obtains a verification number via the Internet for
the intended delivery, sale, or transfer, from the
department. If Internet service is unavailable to
either the department or the licensee due to a
technical or other malfunction, or a federal
firearms licensee who is located outside of
California does not possess a computer or have
Internet access, alternate means of communi-
cation, including facsimile or telephone, shall be
made available for a licensee to obtain a
verification number in order to comply with this
section.
(B) For every verification number request
received pursuant to this section, the
department shall determine whether the
intended recipient is on the centralized list of
firearms dealers pursuant to this section, or the
centralized list of exempted federal firearms
licensees pursuant to subdivision (a) of Section
12083, or the centralized list of firearms
manufacturers pursuant to subdivision (f) of
Section 12086.
(C) If the department finds the reviews
specified in subparagraph (B) that the intended
recipient is authorized to receive the firearm
shipment, the department shall issue to the
inquiring party, a unique verification number for
the intended delivery, sale, or transfer. One
verification number shall be issued for each
delivery, sale, or transfer, which may involve
multiple firearms. In addition to the unique
verification number, the department may provide
to the inquiring party information necessary for
determining the eligibility of the intended
recipient to receive the firearm. The person
intending to deliver, sell, or transfer the firearm
shall provide the unique verification number to
the recipient along with the firearm upon
delivery, in a manner to be determined by the
department.
(D) If the department finds that the reviews
specified in subparagraph (B) that the intended
recipient is not authorized to receive the firearm
shipment, the department shall notify the
inquiring party that the intended recipient is
ineligible to receive the shipment.
(E) The department shall prescribe the
manner in which the verification numbers may
be requested via the Internet, or by alternate
means of communication, such as by facsimile
or telephone, including all required enrollment
information and procedures.
(2)(A) On or after January 1, 1998, within 60
days of bringing a handgun into this state, a
personal handgun importer shall do one of the
following:
(i) Forward by prepaid mail or deliver in per-
son to the Department of Justice, a report pre-
scribed by the department including information
concerning that individual and a description of
the firearm in question.
(ii) Sell or transfer the firearm in accordance
with the provisions of subdivision (d) or in ac-
cordance with the provisions of an exemption
from subdivision (d).
(iii) Sell or transfer the firearm to a dealer
licensed pursuant to Section 12071.
(iv) Sell or transfer the firearm to a sheriff or
police department.
(B) If the personal handgun importer sells or
transfers the handgun pursuant to subdivision
(d) of Section 12072 and the sale or transfer
cannot be completed by the dealer to the
purchaser or transferee, and the firearm can be
returned to the personal handgun importer, the
personal handgun importer shall have complied
with the provisions of this paragraph.
(C) The provisions of this paragraph are cum-
ulative and shall not be construed as restricting
the application of any other law. However, an act
or omission punishable in different ways by this
section and different provisions of the Penal
Code shall not be punished under more than
one provision.
(D)(i) On and after January 1, 1998, the de-
partment shall conduct a public education and
notification program regarding this paragraph to
ensure a high degree of publicity of the provi-
sions of this paragraph.
(ii) As part of the public education and notifi-
cation program described in this subparagraph,
the department shall do all of the following:
(1) Work in conjunction with the Department of
Motor Vehicles to ensure that any person who is
subject to this paragraph is advised of the provi-
sions of this paragraph, and provided with blank
copies of the report described in clause (i) of
subparagraph (A) at the time that person applies
for a California driver's license or registers his or
her motor vehicle in accordance with the Vehicle
Code.
(II) Make the reports referred to in clause (i) of
subparagraph (A) available to dealers licensed
pursuant to Section 12071.
(III) Make the reports referred to in clause (i)
of subparagraph (A) available to law enforce-
ment agencies.
(IV) Make persons subject to the provisions of
this paragraph aware of the fact that reports re-
ferred to in clause (i) of subparagraph (A) may
be completed at either the licensed premises of
dealers licensed pursuant to Section 12071 or at
law enforcement agencies, that it is advisable to
do so for the sake of accuracy and complete-
ness of the reports, that prior to transporting a
handgun to a law enforcement agency in order
to comply with subparagraph (A), the person
should give prior notice to the law enforcement
agency that he or she is doing so, and that in
any event, thehandgun should be transported
unloaded and in a locked container.
(III) Any costs incurred by the department to
implement this paragraph shall be absorbed by
the department within its existing budget and the
fees in the Dealers' Record of Sale Special Ac-
count allocated for implementation of this sub-
paragraph pursuant to Section 12076.
(3) Where a person who is licensed as a col-
lector pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code and the regulations issued pursuant there-
to, whose licensed premises are within this
state, acquires a handgun that is a curio or relic,
as defined in Section 478.11 of Title 27 of the
Code of Federal Regulations, outside of this
state, takes actual possession of that firearm
outside of this state pursuant to the provisions of
subsection 0) of Section 923 of Title 18 of the
United States Code, as amended by Public Law
104 -208, and transports that firearm into this
state, within five days of that licensed collector
transporting that firearm into this state, he or she
shall report to the department in a format
prescribed by the department his or her
acquisition of that firearm.
(4)(A) It Is the Intent of the Legislature that a
violation of paragraph (2) or (3) shall not consti-
tute a "continuing offense" and the statute of lim-
itations for commencing a prosecution for a vio-
lation of paragraph (2) or (3) commences on the
date that the applicable grace period specified in
paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a
person who reports his or her ownership of a
handgun after the applicable grace period
specified in paragraph (2) or (3) expires if
evidence of that violation arises only as the
result of the person submitting the report
described in paragraph (2) or (3).
(g)(1) Except as provided in paragraph (2),
(3), or (5), a violation of this section is a misde-
meanor.
(2) If any of the following circumstances
apply, a violation of this section is punishable by
Page 33
imprisonment in the state prison for two, three,
or four years.
(A) If the violation is of paragraph (1) of sub-
division (a).
(B) If the defendant has a prior conviction of
violating the provisions, other than paragraph (9)
of subdivision (a), of this section or former Sec-
tion 12100 of this code or Section 8101 of the
Welfare and Institutions Code.
(C) If the defendant has a prior conviction of
violating any offense specified in subdivision (b)
of Section 12021.1 or of a violation of Section
12020, 12220, or 12520, or of former Section
12560.
(D) If the defendant is in a prohibited class de-
scribed in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Insti-
tutions Code.
(E) A violation of this section by a person who
actively participates in a "criminal street gang"
as defined in Section 186.22.
(F) A violation of subdivision (b) involving the
delivery of any firearm to a person who the deal-
er knows, or should know, is a minor.
(3) If any of the following circumstances ap-
ply, a violation of this section shall be punished
by imprisonment in a county jail not exceeding
one year or in the state prison, or by a fine not to
exceed one thousand dollars ($1,000), or by
both that fine and imprisonment.
(A) A violation of paragraph (2), (4), or (5) of
subdivision (a).
(B) A violation of paragraph (3) of subdivision
(a) involving the sale, loan, or transfer of
handgun to a minor.
(C) A violation of subdivision (b) involving the
delivery of handgun.
(D) A violation of paragraph (1), (3), (4), (5),
or (6) of subdivision (c) involving a pistol, revolv-
er, or other firearm capable of being concealed
upon the person.
(E) A violation of subdivision (d) involving a
handgun.
(F) A violation of subdivision (e).
(4) If both of the following circumstances ap-
ply, an additional term of imprisonment in the
state prison for one, two, or three years shall be
imposed in addition and consecutive to the
sentence prescribed.
(A) A violation of paragraph (2) of subdivision
(a) or subdivision (b).
(B) The firearm transferred in violation of par-
agraph (2) of subdivision (a) or subdivision (b) is
used in the subsequent commission of a felony
for which a conviction is obtained and the pre-
scribed sentence is imposed.
(5)(A) A first violation of paragraph (9) of sub-
division (a) is an infraction punishable by a fine
of fifty dollars ($50).
(B) A second violation of paragraph (9) of
subdivision (a) is an infraction punishable by a
fine of one hundred dollars ($100).
(C) A third or subsequent violation of para-
graph (9) of subdivision (a) is a misdemeanor.
(D) For purposes of this paragraph each ap-
plication to purchase a handgun in violation of
paragraph (9) of subdivision (a) shall be deemed
a separate offense.
12073. Register of record of sales;
application of section
(a) As required by the Department of Justice,
every dealer shall keep a register or record of
electronic or telephonic transfer in which shall be
entered the information prescribed in Section
12077.
(b) This section shall not apply to any of the
following transactions:
(1) The delivery, sale, or transfer of an un-
loaded firearm that is not a handgun by a dealer
to another dealer upon proof of compliance with
the requirements of paragraph (1) of subdivision
(f) of Section 12072.
(2) The delivery, sale, or transfer of an un-
loaded firearm by a dealer to another dealer if
that firearm is intended as merchandise in the
receiving dealer's business upon proof of com-
pliance with the requirements of paragraph (1) of
subdivision (f) of Section 12072.
(3) The delivery, sale, or transfer of an un-
loaded firearm by a dealer to a person licensed
as an importer or manufacturer pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and any regu-
lations issued pursuant thereto.
(4) The delivery, sale, or transfer of an un-
loaded firearm by a dealer who sells, transfers,
or delivers the firearm to a person who resides
outside this state who is licensed pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and any regu-
lations issued pursuant thereto.
(5) The delivery, sale, or transfer of an un-
loaded firearm by a dealer to a wholesaler if that
firearm is being returned to the wholesaler and
is intended as merchandise in the wholesaler's
business.
(6) The delivery, sale, or transfer of an un-
loaded firearm that is not a handgun by a dealer
to himself or herself.
(7) The loan of an unloaded firearm by a deal-
er who also operates a target facility which holds
a business or regulatory license on the premises
of the building designated in the license or
whose building designated in the license is on
the premises of any club or organization organ-
ized for the purpose of practicing shooting at tar-
gets upon established ranges, whether public or
private, to a person at that target facility or club
or organization, if the firearm is kept at all times
within the premises of the target range or on the
premises of the club or organization.
(8) The delivery of an unloaded firearm by a
dealer to a gunsmith for service or repair.
(9) The return of an unloaded firearm to the
owner of that firearm by a dealer, if the owner
initially delivered the firearm to the dealer for
service or repair.
(10) The loan of an unloaded firearm by a
dealer to a person who possesses a valid enter-
tainment firearms permit issued pursuant to Sec-
tion 12081, for use solely as a prop in a motion
picture, television, video, theatrical, or other en-
tertainment production or event.
(11) The loan of an unloaded firearm by a
dealer to a consultant- evaluator, if the loan does
not exceed 45 days from the date of delivery of
the firearm by the dealer to the consultant -
evaluator.
(c) A violation of this section is a misde-
meanor.
12074. Register of Sales; preparation and
sale by State Printer; standards for
electronic transfers of information
(a) The register shall be prepared by and ob-
tained from the State Printer and shall be fur-
nished by the State Printer only to dealers on
application at a cost to be determined by the De-
partment of General Services for each 100
leaves in quadruplicate, one original and three
duplicates for the making of carbon copies. The
original and duplicate copies shall differ in color,
and shall be in the form provided by this article.
(b) Where the electronic transfer of applicant
information is used, the Department of Justice
shall develop the standards for all appropriate
electronic and telephonic equipment and tele-
phone numbers to effect the transfer of informa-
tion to the department.
12075. Register of sales; notice of
issuance; non - transferrable The State Printer
upon issuing a register shall forward to the
Department of Justice the name and business
address of the dealer together with the series
and sheet numbers of the register. The register
shall not be transferable. If the dealer moves his
business to a different location he shall notify the
department of such fact in writing within 48
hours.
12076. Transmission of firearm purchaser
information; formats; procedures; fales,
illegible or incomplete information; fees
(a)(1) Before January 1, 1998, the Depart-
ment of Justice shall determine the method by
which a dealer shall submit firearm purchaser in-
formation to the department and the information
shall be in one of the following formats:
(A) Submission of the register described in
Section 12077.
(B) Electronic or telephonic transfer of the
information contained in the register described in
Section 12077.
(2) On or after January 1, 1998, electronic or
telephonic transfer, including voice or facsimile
transmission, shall be the exclusive means by
which purchaser information is transmitted to the
department.
(3) On or after January 1, 2003, except as
permitted by the department, electronic transfer
shall be the exclusive means by which informa-
tion is transmitted to the department. Telephonic
transfer shall not be permitted for information re-
garding sales of any firearms.
(b)(1) Where the register is used, the pur-
chaser of any firearm shall be required to pre-
sent clear evidence of his or her identity and
age, as defined in Section 12071, to the dealer,
and the dealer shall require him or her to sign
his or her current legal name and affix his or her
residence address and date of birth to the regis-
ter in quadruplicate. The salesperson shall affix
his or her signature to the register in quadrupli-
cate as a witness to the signature and identifica-
tion of the purchaser. Any person furnishing a
fictitious name or address or knowingly furnish-
ing any incorrect information or knowingly omit-
ting any information required to be provided for
the register and any person violating any provi-
sion of this section is guilty of a misdemeanor,
provided however, that any person who is
prohibited from obtaining a firearm pursuant to
Section 12021 or 12021.1 of this code, or
Section 8100 or 8103 of the Welfare and
Institutions Code who knowingly furnishes a
fictitious name or address or knowingly furnishes
any incorrect information or knowingly omits any
information required to be provided for the
register shall be punished by imprisonment in a
county jail not exceeding one year or
imprisonment in the state prison for a term of 8,
12, or 18 months.
(2) The original of the register shall be re-
tained by the dealer in consecutive order. Each
book of 50 originals shall become the permanent
register of transactions that shall be retained for
not less than three years from the date of the
last transaction and shall be available for the in-
spection of any peace officer, Department of
Justice employee designated by the Attorney
General, or agent of the federal Bureau of Alco-
hol, Tobacco, Firearms, and Explosives upon
the presentation of proper identification, but no
information shall be compiled therefrom
regarding the purchasers or other transferees of
Page 34
firearms that are not pistols, revolvers, or other
firearms capable of being concealed upon the
person.
(3) Two copies of the original sheet of the reg-
ister, on the date of the application to purchase,
shall be placed in the mail, postage prepaid, and
properly addressed to the Department of
Justice.
(4) If requested, a photocopy of the original
shall be provided to the purchaser by the dealer.
(5) If the transaction is a private party transfer
conducted pursuant to Section 12082, a
photocopy of the original shall be provided to the
seller or purchaser by the dealer, upon request.
The dealer shall redact all of the purchaser's
personal information, as required pursuant to
paragraph (1) of subdivision (b) and paragraph
(1) of subdivision (c) of Section 12077, from the
seller's copy, and the seller's personal
information from the purchaser's copy.
(c)(1) Where the electronic or telephonic
transfer of applicant information is used, the pur-
chaser shall be required to present clear evi-
dence of his or her identity and age, as defined
in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current
legal name to the record of electronic or tele-
phonic transfer. The salesperson shall affix his
or her signature to the record of electronic or tel-
ephonic transfer as a witness to the signature
and identification of the purchaser. Any person
furnishing a fictitious name or address or know-
ingly furnishing any incorrect information or
knowingly omitting any information required to
be provided for the electronic or telephonic
transfer and any person violating any provision
of this section is guilty of a misdemeanor,
provided however, that any person who is
prohibited from obtaining a firearm pursuant to
Section 12021 or 12021.1 of this code, or
Section 8100 or 8103 of the Welfare and
Institutions Code who knowingly furnishes a
fictitious name or address or knowingly furnishes
any incorrect information or knowingly omits any
information required to be provided for the
register shall be punished by imprisonment in a
county jail not exceeding one year or
imprisonment in the state prison for a term of 8,
12, or 18 months.
(2) The record of applicant information shall
be transmitted to the Department of Justice by
electronic or telephonic transfer on the date of
the application to purchase.
(3) The original of each record of electronic or
telephonic transfer shall be retained by the deal-
er in consecutive order. Each original shall be-
come the permanent record of the transaction
that shall be retained for not less than three
years from the date of the last transaction and
shall be provided for the inspection of any peace
officer, Department of Justice employee desig-
nated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, Firearms,
and Explosives upon the presentation of proper
identification, but no information shall be
compiled therefrom regarding the purchasers or
other transferees of firearms that are not pistols,
revolvers, or other firearms capable of being
concealed upon the person.
(4) If requested, a copy of the record of elec-
tronic or telephonic transfer shall be provided to
the purchaser by the dealer.
(5) If the transaction is a private party transfer
conducted pursuant to Section 12082, a copy
shall be provided to the seller or purchaser by
the dealer, upon request. The dealer shall redact
all of the purchaser's personal information, as
required pursuant to paragraph (1) of
subdivision (b) and paragraph (1) of subdivision
(c) of Section 12077, from the seller's copy, and
the seller's personal information from the
purchaser's copy.
(d)(1) The department shall examine its
records, as well as those records that it is
authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the
Welfare and Institutions Code, in order to
determine if the purchaser is a person described
in subparagraph (A) of paragraph (9) of
subdivision (a) of Section 12072, or is prohibited
by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
(2) To the extent that funding is available, the
Department of Justice may participate in the Na-
tional Instant Criminal Background Check Sys-
tem (NICS), as described in subsection (t) of
Section 922 of Title 18 of the United States
Code, and, if that participation is implemented,
shall notify the dealer and the chief of the police
department of the city or city and county in
which the sale was made, or if the sale was
made in a district in which there is no municipal
police department, the sheriff of the county in
which the sale was made, that the purchaser is
a person prohibited from acquiring a firearm
under federal law.
(3) If the department determines that the
purchaser is prohibited by state or federal law
from possessing, receiving, owning, or
purchasing a firearm or is a person described in
subparagraph (A) of paragraph (9) of subdivision
(a) of Section 12072, it shall immediately notify
the dealer and the chief of the police department
of the city or city and county in which the sale
was made, or if the sale was made in a district in
which there is no municipal police department,
the sheriff of the county in which the sale was
made, of that fact.
(4) If the department determines that the cop-
ies of the register submitted to it pursuant to par-
agraph (3) of subdivision (b) contain any blank
spaces or inaccurate, illegible, or incomplete in-
formation, preventing identification of the pur-
chaser or the pistol, revolver, or other firearm to
be purchased, or if any fee required ,pursuant to
subdivision (e) is not submitted by the dealer in
conjunction with submission of copies of the reg-
ister, the department may notify the dealer of
that fact. Upon notification by the department,
the dealer shall submit corrected copies of the
register to the department, or shall submit any
fee required pursuant to subdivision (e), or both,
as appropriate and, if notification by the depart-
ment is received by the dealer at any time prior
to delivery of the firearm to be purchased, the
dealer shall withhold delivery until the conclusion
of the waiting period described in Sections
12071 and 12072.
(5) If the department determines that the infor-
mation transmitted to it pursuant to subdivision
(c) contains inaccurate or incomplete information
preventing identification of the purchaser or the
pistol, revolver, or other firearm capable of being
concealed upon the person to be purchased, or
if the fee required pursuant to subdivision (e) is
not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic rec-
ord, the department may notify the dealer of that
fact. Upon notification by the department, the
dealer shall transmit corrections to the record of
electronic or telephonic transfer to the depart-
ment, or shall transmit any fee required pursuant
to subdivision (e), or both, as appropriate, and if
notification by the department is received by the
dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold deliv-
ery until the conclusion of the waiting period de-
scribed in Sections 12071 and 12072.
(e) The Department of Justice may require the
dealer to charge each firearm purchaser a fee
not to exceed fourteen dollars ($14), except that
the fee may be increased at a rate not to exceed
any increase in the California Consumer Price
Index as compiled and reported by the
Department of Industrial Relations. The fee shall
be no more than is necessary to fund the follow-
ing:
(1)(A) The department for the cost of furnish-
ing this information.
(B) The department for the cost of meeting its
obligations under paragraph (2) of subdivision
(b) of Section 8100 of the Welfare and Institu-
tions Code.
(2) Local mental health facilities for state -
mandated local costs resulting from the report-
ing requirements imposed by Section 8103 of
the Welfare and Institutions Code.
(3) The State Department of Mental Health for
the costs resulting from the requirements im-
posed by Section 8104 of the Welfare and Insti-
tutions Code.
(4) Local mental hospitals, sanitariums, and
institutions for state - mandated local costs result-
ing from the reporting requirements imposed by
Section 8105 of the Welfare and Institutions
Code.
(5) Local law enforcement agencies for state -
mandated local costs resulting from the notifica-
tion requirements set forth in subdivision (a) of
Section 6385 of the Family Code.
(6) Local law enforcement agencies for state -
mandated local costs resulting from the notifica-
tion requirements set forth in subdivision (c) of
Section 8105 of the Welfare and Institutions
Code.
(7) For the actual costs associated with the
electronic or telephonic transfer of information
pursuant to subdivision (c).
(8) The Department of Food and Agriculture
for the costs resulting from the notification provi-
sions set forth in Section 5343.5 of the Food and
Agricultural Code.
(9) The department for the costs associated
with subparagraph (D) of paragraph (2) of subdi-
vision (f) of Section 12072.
(10) The department for the costs associated
with funding Department of Justice firearms -re-
lated regulatory and enforcement activities re-
lated to the sale, purchase, loan, or transfer of
firearms pursuant to this chapter.
The fee established pursuant to this subdivi-
sion shall not exceed the sum of the actual pro-
cessing costs of the department, the estimated
reasonable costs of the local mental health facili-
ties for complying with the reporting require-
ments imposed by paragraph (2) of this subdivi-
sion, the costs of the State Department of Men-
tal Health for complying with the requirements
imposed by paragraph (3) of this subdivision, the
estimated reasonable costs of local mental hos-
pitals, sanitariums, and institutions for complying
with the reporting requirements imposed by par-
agraph (4) of this subdivision, the estimated rea-
sonable costs of local law enforcement agencies
for complying with the notification requirements
set forth in subdivision (a) of Section 6385 of the
Family Code, the estimated reasonable costs of
local law enforcement agencies for complying
with the notification requirements set forth in
subdivision (c) of Section 8105 of the Welfare
and Institutions Code imposed by paragraph (6)
of this subdivision, the estimated reasonable
costs of the Department of Food and Agriculture
for the costs resulting from the notification provi-
Page 35
sions set forth in Section 5343.5 of the Food and
Agricultural Code, the estimated reasonable
costs of the department for the costs associated
with subparagraph (D) of paragraph (2) of sub-
division (f) of Section 12072, and the estimated
reasonable costs of department firearms- related
regulatory and enforcement activities related to
the sale, purchase, loan, or transfer of firearms
pursuant to this chapter.
(f)(1) The Department of Justice may charge
a fee sufficient to reimburse it for each of the fol-
lowing but not to exceed fourteen dollars ($14),
except that the fee may be increased at a rate
not to exceed any increase in the California
Consumer Price Index as compiled and reported
by the Department of Industrial Rela - tions:
(A) For the actual costs associated with the
preparation, sale, processing, and filing of forms
or reports required or utilized pursuant to Sec-
tion 12078.
(B) For the actual processing costs associ-
ated with the submission of a Dealers' Record of
Sale to the department.
(C) For the actual costs associated with the
preparation, sale, processing, and filing of re-
ports utilized pursuant to subdivision (1) of Sec-
tion 12078 or paragraph (18) of subdivision (b)
of Section 12071, or clause (i) of subparagraph
(A) of paragraph (2) of subdivision (f) of Section
12072, or paragraph (3) of subdivision (f) of Sec-
tion 12072.
(D) For the actual costs associated with the
electronic or telephonic transfer of information
pursuant to subdivision (c).
(2) if the department charges a fee pursuant
to subparagraph (B) of paragraph (1) of this sub-
division, it shall be charged in the same amount
to all categories of transaction that are within
that subparagraph.
(3) Any costs incurred by the Department of
Justice to implement this subdivision shall be re-
imbursed from fees collected and charged pur-
suant to this subdivision. No fees shall be
charged to the dealer pursuant to subdivision (e)
for implementing this subdivision.
(g) All money received by the department pur-
suant to this section shall be deposited in the
Dealers' Record of Sale Special Account of the
General Fund, which is hereby created, to be
available, upon appropriation by the Legislature,
for expenditure by the department to offset the
costs incurred pursuant to this section, para-
graph (1) and subparagraph (D) of paragraph (2)
of subdivision (f) of Section 12072, Sections
12083 and 12099, subdivision (c) of Section
12131, Sections 12234, 12289, and 12289.5,
and subdivisions (f) and (g) of Section 12305.
(h) Where the electronic or telephonic transfer
of applicant information is used, the department
shall establish a system to be used for the sub-
mission of the fees described in subdivision (e)
to the department.
(1)(1) Only one fee shall be charged pursuant
to this section for a single transaction on the
same date for the sale of any number of firearms
that are not pistols, revolvers, or other firearms
capable of being concealed upon the person or
for the taking of possession of those firearms.
(2) In a single transaction on the same date
for the delivery of any number of firearms that
are pistols, revolvers, or other firearms capable
of being concealed upon the person, the depart-
ment shall charge a reduced fee pursuant to this
section for the second and subsequent firearms
that are part of that transaction.
Q) Only one fee shall be charged pursuant to
this section for a single transaction on the same
date for taking title or possession of any number
of firearms pursuant to paragraph (18) of subdi-
vision (b) of Section 12071 or subdivision (c) or
(i) of Section 12078.
(k) Whenever the Department of Justice acts
pursuant to this section as it pertains to firearms
other than pistols, revolvers, or other firearms
capable of being concealed upon the person,
the department's acts or omissions shall be
deemed to be discretionary within the meaning
of the California Tort Claims Act pursuant to Div-
ision 3.6 (commencing with Section 810) of Title
1 of the Government Code.
(1) As used in this section, the following defini-
tions apply:
(1) "Purchaser" means the purchaser or trans-
feree of a firearm or a person being loaned a
firearm.
(2) "Purchase" means the purchase, loan, or
transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of
a firearm.
(4) "Seller" means, if the transaction is being
conducted pursuant to Section 12082, the per-
son selling, loaning, or transferring the firearm.
12077.5. Eligibility check; time to apply;
application requirements; department
examination; notification; subsequent
purchase; punishment for violations
(a) An Individual may request that the
Department of Justice perform a firearms
eligibility check for that individual. The applicant
requesting the eligibility check shall provide the
information required by subdivision (c) of
Section 12077 to the department, in an
application specified by the department.
(b) The department shall charge a fee of
twenty dollars ($20) for performing the eligibility
check authorized by this section, but not to ex-
ceed the actual processing costs of the depart-
ment. After the department establishes fees suf-
ficient to reimburse the department for process-
ing costs, fees charged may increase at a rate
not to exceed the legislatively approved cost -of-
living adjustment for the department's budget or
as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursu-
ant to subdivision (a) shall complete the applica-
tion, have it notarized by any licensed California
Notary Public, and submit it by mail to the de-
partment. Upon receipt of a notarized application
and fee, the department shall do all of the
following:
(1) Examine its records, and the records it is
authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the
Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal
law from possessing, receiving, owning, or
purchasing a firearm .
(2) Notify the applicant by mail of its
determination of whether the applicant is
prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm. The department's notification shall state
either "eligible to possess firearms as of the date
the check was completed" or "ineligible to
possess firearms as of the date the check was
completed."
(d) If the department determines that the in-
formation submitted to it in the application con-
tains any blank spaces, or inaccurate, illegible,
or incomplete Information, preventing identifica-
tion of the applicant, or if the required fee is not
submitted, the department shall not be required
to perform the firearms eligibility check.
(e) The department shall make applications to
conduct a firearms eligibility check as described
in this section available to licensed firearms
dealers and on the department's Web site.
(f) The department shall be immune from any
liability arising out of the performance of the fire -
arms eligibility check, or any reliance upon the
firearms eligibility check.
(g) No person or agency may require or re-
quest another person to obtain a firearms eligi-
bility check or notification of a firearms eligibility
check pursuant to this section. A violation of this
subdivision is a misdemeanor.
(h) The department shall include on the appli-
cation specified in subdivision (a) and the notifi-
cation of eligibility specified in subdivision (c) the
following statements:
"No person or agency may require or request
another person to obtain a firearms eligibility
check or notification of firearms eligibility check
pursuant to Section 12077.5 of the Penal Code.
A violation of these provisions is a misdemean-
or."
"if the applicant for a firearms eligibility check
purchases, transfers, or receives a firearm
through a licensed dealer as required by law, a
waiting period and background check are both
required."
12078. Exempted deliveries, sales,
transfers or loans
(a)(1) The waiting periods described in Sec-
tions 12071 and 12072 shall not apply to
deliveries, transfers, or sates of firearms made
to persons properly identified as full -time paid
peace officers as defined in Chapter 4.5 (com-
mencing with Section 830) of Title 3 of Part 2,
provided that the peace officers are authorized
by their employer to carry firearms while in the
performance of their duties. Proper identification
Is defined as verifiable written certification from
the head of the agency by which the purchaser
or transferee is employed, identifying the pur-
chaser or transferee as a peace officer who is
authorized to carry firearms while in the perform-
ance of his or her duties, and authorizing the
purchase or transfer. The certification shall be
delivered to the dealer at the time of purchase or
transfer and the purchaser or transferee shall
identify himself or herself as the person
authorized in the certification. The dealer shall
keep the certification with the record of sale. On
the date that the delivery, sale, or transfer is
made, the dealer delivering the firearm shall
transmit to the Department of Justice an elec-
tronic or telephonic report of the transaction as
is indicated in subdivision (b) or (c) of Section
12077.
(2) Subdivision (b) of Section 12801 and the
preceding provisions of this article do not apply
to deliveries, transfers, or sales of firearms
made to authorized law enforcement representa-
tives of cities, counties, cities and counties, or
state or federal governments for exclusive use
by those governmental agencies if, prior to the
delivery, transfer, or sale of these firearms, writ-
ten authorization from the head of the agency
authorizing the transaction is presented to the
person from whom the purchase, delivery, or
transfer is being made. Proper written authoriza-
tion is defined as verifiable written certification
from the head of the agency by which the pur-
chaser or transferee is employed, identifying the
employee as an individual authorized to conduct
the transaction, and authorizing the transaction
for the exclusive use of the agency by which he
or she is employed. Within 10 days of the date a
handgun is acquired by the agency, a record of
the same shall be entered as an institutional
weapon into the Automated Firearms System
(AFS) via the California Law Enforcement Tele-
Page 36
communications System (CLETS) by the law en-
forcement or state agency. Those agencies with-
out access to AFS shall arrange with the sheriff
of the county in which the agency is located to
input this information via this system.
(3) Subdivision (b) of Section 12801 and the
preceding provisions of this article do not apply
to the loan of a firearm made by an authorized
law enforcement representative of a city, county,
or city and county, or the state or federal govern-
ment to a peace officer employed by that agency
and authorized to carry a firearm for the carrying
and use of that firearm by that peace officer in
the course and scope of his or herd utles.
(4) Subdivision (b) of Section 12801 and the
preceding provisions of this article do not apply
to the delivery, sale, or transfer of a firearm by a
law enforcement agency to a peace officer pur-
suant to Section 10334 of the Public Contract
Code. Within 10 days of the date that a handgun
is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to
that peace officer, the name of the officer and
the make, model, serial number, and other iden-
tifying characteristics of the firearm being sold,
transferred, or delivered shall be entered into the
Automated Firearms System (AFS) via the Cali-
fornia Law Enforcement Telecommunications
System (CLETS) by the law enforcement or
state agency that sold, transferred, or delivered
the firearm. Those agencies without access to
AFS shall arrange with the sheriff of the county
in which the agency is located to input this infor-
mation via this system.
(5) Subdivision (b) of Section 12801 and the
preceding provisions of this article do not apply
to the delivery, sale, or transfer of a firearm by a
law enforcement agency to a retiring peace offi-
cer who is authorized to carry a firearm pursuant
to Section 12027.1. Within 10 days of the date
that a handgun is sold, delivered, or transferred
to that retiring peace officer, the name of the offi-
cer and the make, model, serial number, and
other identifying characteristics of the firearm
being sold, transferred, or delivered shall be en-
tered into the Automated Firearms System
(AFS) via the California Law Enforcement Tele-
communications System (CLETS) by the law en-
forcement or state agency that sold, transferred,
or delivered the firearm. Those agencies without
access to AFS shall arrange with the sheriff of
the county in which the agency is located to in-
put this information via this system.
(6) Subdivision (d) of Section 12072 and sub-
division (b) of Section 12801 do not apply to
sales, deliveries, or transfers of firearms to au-
thorized representatives of cities, cities and
counties, counties, or state or federal govern-
ments for those governmental agencies where
the entity is acquiring the weapon as part of an
authorized, voluntary program where the entity
is buying or receiving weapons from private indi-
viduals. Any weapons acquired pursuant to this
paragraph shall be disposed of pursuant to the
applicable provisions of Section 12028 or 12032.
(7) Subdivision (d) of Section 12072 and sub -
division (b) of Section 12801 shall not apply to
the sale, loan, delivery, or transfer of a firearm
made by an authorized law enforcement repre-
sentative of a city, county, city and county, state,
or the federal government to any public or pri-
vate nonprofit historical society, museum, or ins-
titutional collection or the purchase or receipt of
that firearm by that public or private nonprofit
historical society, museum, or institutional col-
lection if all of the following conditions are met:
(A) The entity receiving the firearm is open to
the public.
(B) The firearm prior to delivery is deactivated
or rendered inoperable.
(C) The firearm is not subject to Section
12028, 12028.5, 12030, or 12032.
(D) The firearm is not prohibited by other pro-
visions of law from being sold, delivered, or
transferred to the public at large.
(E) Prior to delivery, the entity receiving the
firearm submits a written statement to the law
enforcement representative stating that the fire-
arm will not be restored to operating condition,
and will either remain with that entity, or if sub-
sequently disposed of, will be transferred in ac-
cordance with the applicable provisions of this
article and, if applicable, Section 12801.
(F) Within 10 days of the date that the firearm
is sold, loaned, delivered, or transferred to that
entity, the name of the government entity deliv-
ering the firearm, and the make, model, serial
number, and other identifying characteristics of
the firearm and the name of the person author-
ized by the entity to take possession of the fire-
arm shall be reported to the department in a
manner prescribed by the department.
(G) In the event of a change in the status of
the designated representative, the entity shall
notify the department of a new representative
within 30 days.
(8) Subdivision (d) of Section 12072 and sub-
division (b) of Section 12801 shall not apply to
the sale, loan, delivery, or transfer of a firearm
made by any person other than a representative
of an authorized law enforcement agency to any
public or private nonprofit historical society,
museum, or institutional collection if all of the
following conditions are met:
(A) The entity receiving the firearm is open to
the public.
(B) The firearm is deactivated or rendered in-
operable prior to delivery.
(C) The firearm is not of a type prohibited
from being sold, delivered, or transferred to the
public.
(D) Prior to delivery, the entity receiving the
firearm submits a written statement to the per-
son selling, loaning, or transferring the firearm
stating that the firearm will not be restored to op-
erating condition, and will either remain with that
entity, or if subsequently disposed of, will be
transferred in accordance with the applicable,
provisions of this article and, if applicable, Sec-
tion 12801.
(E) If title to a handgun is being transferred to
the public or private nonprofit historical society,
museum, or institutional collection, then the des-
ignated representative of that public or private
historical society, museum or institutional collec-
tion within 30 days of taking possession of that
handgun, shall forward by prepaid mail or deliver
in person to the Department of Justice, a single
report signed by both parties to the transaction,
that includes information identifying the person
representing that public or private historical soci-
ety, museum, or institutional collection, how title
was obtained and from whom, and a description
of the firearm in question, along with a copy of
the written statement referred to in subpara-
graph (D). The report forms that are to be com-
pleted pursuant to this paragraph shall be pro-
vided by the Department of Justice.
(F) In the event of a change in the status of
the designated representative, the entity shall
notify the department of a new representative
within 30 days.
(b)(1) Section 12071, subdivisions (c) and (d)
of Section 12072, and subdivision (b) of Section
12801 shall not apply to deliveries, sales, or
transfers of firearms between or to importers
and manufacturers of firearms licensed to en-
gage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code and the regulations issued
pursuant thereto.
(2) Subdivision (b) of Section 12801 shall not
apply to the delivery, sale, or transfer of a hand-
gun to a person licensed pursuant to Section
12071, where the licensee is receiving the hand-
gun in the course and scope of his or her activ-
ities as a person licensed pursuant to Section
12071.
(c)(1) Subdivision (d) of Section 12072 shall
not apply to the infrequent transfer of a firearm
that is not a handgun by gift, bequest, intestate
succession, or other means by one individual to
another if both individuals are members of the
same immediate family.
(2) Subdivision (d) of Section 12072 shall not
apply to the infrequent'transfer of a handgun by
gift, bequest, intestate succession, or other
means by one individual to another if both indi-
viduals are members of the same immediate
family and all of the following conditions are met:
(A) The person to whom the firearm is trans-
ferred shall, within 30 days of taking possession
of the firearm, forward by prepaid mail or deliver
in person to the Department of Justice, a report
that includes information concerning the individ-
ual taking possession of the firearm, how title
was obtained and from whom, and a description
of the firearm in question. The report forms that
individuals complete pursuant to this paragraph
shall be provided to them by the Department of
Justice.
(B) The person taking title to the firearm shall
first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18
years of age or older.
(3) As used in this subdivision, "immediate
family member" means any one of the following
relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d)(1) Subdivision (d) of Section 12072 shall
not apply to the infrequent loan of firearms be-
tween persons who are personally known to
each other for any lawful purpose, if the loan
does not exceed 30 days in duration and, when
the firearm is a handgun, commencing January
1, 2003, the individual being loaned the handgun
has a valid handgun safety certificate,
(2) Subdivision (d) of Section 12072, and sub-
division (b) of Section 12801 shall not apply to
the loan of a firearm where all of the following
conditions exist:
(A) The person loaning the firearm is at all
times within the presence of the person being
loaned the firearm.
(B) The loan is for a lawful purpose.
(C) The loan does not exceed three days in
duration.
(D) The individual receiving the firearm is not
prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm.
(E) The person loaning the firearm is 18 years
of age or older.
(F) The person being loaned the firearm is 18
years of age or older.
(e) (1) Section 12071, subdivisions (c) and (d)
of Section 12072, paragraph (1) of subdivision
Section 12072, and subdivision (b) of Section
12801 shall not apply to the delivery of a firearm
to a gunsmith for service or repair, or to the re-
turn of the firearm to its owner by the gunsmith,
or to the delivery of a firearm by a gunsmith to a
person licensed pursuant to Chapter 44
Page 37
(commencing with Section 921) of Title 18 of the
United States Code of service or repair and the
return of the firearm to the gunsmith.
(2) Paragraph (1) of subdivision (f) of Section
12072 shall not apply to the delivery, sale, or
transfer of any firearm in any of the following
circumstances:
(A) Where the transferor and the transferee
are the same person or corporation
(B) Where the transfer is to or from a person
who has a valid entertainment firearms permit
under Section 12081 and the transfer involves
the loan or return of firearms used solely as
props in television, film, or theatrical
productions.
(f) Subdivision (d) of Section 12072 and sub-
division (b) of Section 12801 shall not apply to
the sale, delivery, or transfer of firearms by per-
sons who reside in this state to persons who re-
side outside this state who are licensed pursuant
to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regu-
lations issued pursuant thereto, if the sale, deliv-
ery, or transfer is in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code and the regulations issued
pursuant thereto.
(g)(1) Subdivision (d) of Section 12072 shall
not apply to the infrequent sale or transfer of a
firearm, other than a handgun, at auctions or
similar events conducted by nonprofit mutual or
public benefit corporations organized pursuant
to the Corporations Code.
As used in this paragraph, the term "infre-
quent" shall not be construed to prohibit different
local chapters of the same nonprofit corporation
from conducting auctions or similar events, pro-
vided the individual local chapter conducts the
auctions or similar events infrequently. It is the
intent of the Legislature that different local chap-
ters, representing different localities, be entitled
to invoke the exemption created by this para-
graph, notwithstanding the frequency with which
other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(2) Subdivision (d) of Section 12072 shall not
apply to the transfer of a firearm other than a
handgun, if the firearm is donated for an auction
or similar event described in paragraph (1) and
the firearm is delivered to the nonprofit
corporation immediately preceding, or
contemporaneous with, the auction or similar
event.
(3) The waiting period described in Sections
12071 and 12072 shall not apply to a dealer who
delivers a firearm handgun at an auction or simi-
lar event described in paragraph (1), as author-
ized by subparagraph (C) of paragraph (1) of
subdivision (b) of Section 12071. Within two
business days of completion of the application to
purchase, the dealer shall forward by prepaid
mail to the Department of Justice a report of the
same as is indicated in subdivision (c) of Section
12077. If the electronic or telephonic transfer of
applicant information is used, within two busi-
ness days of completion of the application to
purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an elec-
tronic or telephonic report of the same as is indi-
cated in subdivision (c) of Section 12077.
(h) Subdivision (d) of Section 12072 and sub-
division (b) of Section 12801 shall not apply to
the loan of a firearm to a person 18 years of age
or older for the purposes of shooting at targets if
the loan occurs on the premises of a target facil-
ity that holds a business or regulatory license or
on the premises of any club or organization or-
ganized for the purposes of practicing shooting
at targets upon established ranges, whether
public or private, if the firearm is at all times kept
within the premises of the target range or on the
premises of the club or organization.
(1)(1) Subdivision (d) of Section 12072 shall
not apply to a person who takes title or
possession of a firearm that is not a handgun by
operation of law if the person is not prohibited by
state or federal law from possessing, receiving,
owning, or purchasing a firearm.
(2) Subdivision (d) of Section 12072 shall not
apply to a person who takes title or possession
of a handgun by operation of law if the person is
not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm and all of the following conditions are
met:
(A) If the person taking title or possession is
neither a levying officer as defined in Section
481.140, 511.060, or 680.210 of the Code of
Civil Procedure, nor a person who is receiving
that firearm pursuant to subparagraph (G), (1), or
(J) of paragraph (2) of subdivision (u), the per-
son shall, within 30 days of taking possession,
forward by prepaid mail or deliver in person to
the Department of Justice, a report of informa-
tion concerning the individual taking possession
of the firearm, how title or possession was ob-
tained and from whom, and a description of the
firearm in question. The reports that individuals
complete pursuant to this paragraph shall be
provided to them by the department.
(B) If the person taking title or possession is
receiving the firearm pursuant to subparagraph
(G) of paragraph (2) of subdivision (u), the per-
son shall do both of the following:
(i) Within 30 days of taking possession, for-
ward by prepaid mail or deliver in person to the
department, a report of information concerning
the individual taking possession of the firearm,
how title or possession was obtained and from
whom, and a description of the firearm in ques-
tion. The reports that individuals complete pur-
suant to this paragraph shall be provided to
them by the department.
(ii) Prior to taking title or possession of the
firearm, the person shall obtain a handgun safe-
ty certificate.
(C) Where the person receiving title or pos-
session of the handgun is a person described in
subparagraph (1) of paragraph (2) of subdivision
(u), on the date that the person is delivered the
firearm, the name and other information con -
ceming the person taking possession of the fire-
arm, how title or possession of the firearm was
obtained and from whom, and a description of
the firearm by make, model, serial number, and
other identifying characteristics, shall be en-
tered into the Automated Firearms System
(AFS) via the California Law Enforcement Tele-
communications System ( CLETS) by the law en-
forcement or state agency that transferred or de-
livered the firearm. Those agencies without ac-
cess to AFS shall arrange with the sheriff of the
county in which the agency is located to input
this information via this system.
(D) Where the person receiving title or pos-
session of the handgun is a person described in
subparagraph (J) of paragraph (2) of subdivision
(u), on the date that the person is delivered the
firearm, the name and other information con -
ceming the person taking possession of the fire-
arm, how title or possession of the firearm was
obtained and from whom, and a description of
the firearm by make, model, serial number, and
other identifying characteristics, shall be entered
into the AFS via the CLETS by the law enforce-
ment or state agency that transferred or deliv-
ered the firearm. Those agencies without access
to AFS shall arrange with the sheriff of the coun-
ty in which the agency is located to input this in-
formation via this system. In addition, that law
enforcement agency shall not deliver that hand-
gun to the person referred to in this subpara-
graph unless, prior to the delivery of the same,
the person presents proof to the agency that he
or she is the holder of a handgun safety certifi-
cate.
(3) Subdivision (d) of Section 12072 shall not
apply to a person who takes possession of a
firearm by operation of law in a representative
capacity who subsequently transfers ownership
of the firearm to himself or herself in his or her
individual capacity. In the case of a handgun,
the individual shall obtain a handgun safety cer-
tificate prior to transferring ownership to himself
or herself, or taking possession of a handgun in
an individual capacity.
0) Subdivision (d) of Section 12072 and sub-
division (b) of Section 12801 shall not apply to
deliveries, transfers, or returns of firearms made
pursuant to Section 12021.3, 12028, 12028.5, or
12030.
(k) Section 12071, subdivision (c) of Section
12072, and subdivision (b) of Section 12801
shall not apply to any of the following:
(1) The delivery, sale, or transfer of unloaded
firearms that are not handguns by a dealer to
another dealer upon proof of compliance with
the requirements of paragraph (1) of subdivi-
sion (f) of Section 12072.
(2) The delivery, sale, or transfer of unloaded
firearms by dealers to persons who reside out -
side this state who are licensed pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regu-
lations issued pursuant thereto.
(3) The delivery, sale, or transfer of unloaded
firearms to a wholesaler if the firearms are being
returned to the wholesaler and are intended as
merchandise in the wholesaler's business.
(4) The delivery, sale, or transfer of unloaded
firearms by one dealer to another dealer if the
firearms are intended as merchandise in the re-
ceiving dealer's business upon proof of compli-
ance with the requirements of paragraph (1) of
subdivision (f) of Section 12072.
(5) The delivery, sale, or transfer of an un-
loaded firearm that is not a handgun by a dealer
to himself or herself.
(6) The loan of an unloaded firearm by a deal-
er who also operates a target facility that holds a
business or regulatory license on the premises
of the building designated in the license or
whose building designated in the license is on
the premises of any club or organization organ-
ized for the purposes of practicing shooting at
targets upon established ranges, whether public
or private, to a person at that target facility or
that club or organization, if the firearm is at all
times kept within the premises of the target
range or on the premises of the club or organ-
ization.
(1) A person who is exempt from subdivision
(d) of Section 12072 or is otherwise not required
by law to report his or her acquisition, owner-
ship, or disposal of a handgun or who moves out
of this state with his or her handgun may submit
a report of the same to the Department of Jus-
tice in a format prescribed by the department.
(m) Subdivision (d) of Section 12072 and sub-
division (b) of Section 12801 shall not apply to
the delivery, sale, or transfer of unloaded fire-
arms to a wholesaler as merchandise in the
wholesaler's business by manufacturers or im-
porters licensed to engage in that business pur-
Page 38
suant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and
the regulations issued pursuant thereto, or by
another wholesaler, if the delivery, sale, or trans-
fer is made in accordance with Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code.
(n)(1) The waiting period described in Section
12071 or 12072 shall not apply to the delivery,
sale, or transfer of a handgun by a dealer in eith-
er of the following situations:
(A) The dealer is delivering the firearm to an-
other dealer and it is not intended as merchan-
dise in the receiving dealer's business.
(B) The dealer is delivering the firearm to him-
self or herself and it is not intended as merchan-
dise in his or her business.
(2) In order for this subdivision to apply, both
of the following shall occur:
(A) If the dealer is receiving the firearm from
another dealer, the dealer receiving the firearm
shall present proof to the dealer delivering the
firearm that he or she is licensed pursuant to
Section 12071 by complying with paragraph (1)
of subdivision (t) of Section 12072.
(B) Whether the dealer 1s delivering, selling,
or transferring the firearm to himself or herself or
to another dealer, on the date that the applica-
tion to purchase is completed, the dealer deliver-
ing the firearm shall forward by prepaid mail to
the Department of Justice a report of the same
and the type of information concerning the pur-
chaser or transferee as is indicated in subdivi-
sion (b) of Section 12077. Where the electronic
or telephonic transfer of applicant information is
used, on the date that the application to pur-
chase is completed, the dealer delivering the
firearm shall transmit an electronic or telephonic
report of the same and the type of information
concerning the purchaser or transferee as is in-
dicated In subdivision (b) of Section 12077.
(o) Section 12071 and subdivisions (c) and
(d) of Section 12072 shall not apply to the deliv-
ery, sale, or transfer of firearms regulated pursu-
ant to Section 12020, Chapter 2 (commencing
with Section 12200), or Chapter 2.3 (commenc-
ing with Section 12275), if the delivery, sale, or
transfer is conducted in accordance with the ap-
plicable provisions of Section 12020, Chapter 2
(commencing with Section 12200), or Chapter
2.3 (commencing with Section 12275) or
Chapter 2.5 (commencing with Section 12301).
(p)(1) Paragraph (3) of subdivision (a) and
subdivision (d) of Section 12072 shall not apply
to the loan of a firearm that is not a handgun to a
minor, with the express permission of the parent
or legal guardian of the minor, if the loan does
not exceed 30 days in duration and is for a law-
ful purpose.
(2) Paragraph (3) of subdivision (a) of Section
12072, subdivision (d) of Section 12072, and
subdivision (b) of Section 12801 shall not apply
to the loan of a handgun to a minor by a person
who is not the parent or legal guardian of the
minor if all of the following circumstances exist:
(A) The minor has the written consent of his
or her parent or legal guardian that is presented
at the time of, or prior to the time of, the loan, or
is accompanied by his or her parent or legal
guardian at the time the loan is made.
(B) The minor is being loaned the firearm for
the purpose of engaging in a lawful, recreational
sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video
production, or entertainment or theatrical event,
the nature of which involves the use of a firearm.
(C) The duration of the loan does not exceed
the amount of time that is reasonably necessary
to engage in the lawful, recreational sport, in-
cluding, but not limited to, competitive shooting,
or agricultural, ranching, or hunting activity, or a
motion picture, television, or video production, or
entertainment or theatrical event, the nature of
which involves the use of a'firearm.
(D) The duration of the loan does not, in any
event, exceed 10 days.
(3) Paragraph (3) of subdivision (a), and sub-
division (d), of Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan
of a handgun to a minor by his or her parent or
legal guardian if both of the following circum-
stances exist:
(A) The minor is being loaned the firearm for
the purposes of engaging in a lawful, recreation-
al sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video
production, or entertainment or theatrical event,
the nature of which involves the use of a firearm.
(B) The duration of the loan does not exceed
the amount of time that is reasonably necessary
to engage in the lawful, recreational sport, in-
cluding, but not limited to, competitive shooting,
or agricultural, ranching, or hunting activity, or a
motion picture, television, or video production, or
entertainment or theatrical event, the nature of
which involves the use of a firearm.
(4) Paragraph (3) of subdivision (a), and sub-
division (d), of Section 12072 shall not apply to
the transfer or loan of a firearm that is not a
handgun to a minor by his or her parent or legal
guardian.
(5) Paragraph (3) of subdivision (a), and sub-
division (d), of Section 12072 shall not apply to
the transfer or loan of a firearm that is not a
handgun to a minor by his or her grandparent
who is not the legal guardian of the minor if the
transfer is done with the express permission of
the parent or legal guardian of the minor.
(6) Subparagraph (A) of paragraph (3) of sub-
division (a) of Section 12072 shall not apply to
the sale of a handgun if both of the following re-
quirements are satisfied:
(A) The sale is to a person who is at least 18
years of age.
(B) The firearm is an antique firearm as de-
fined in paragraph (16) of subsection (a) of Sec-
tion 921 of Title 18 of the United States Code.
(q) Subdivision (d) of Section 12072 shall not
apply to the loan of a, firearm that is not a hand-
gun to a licensed hunter for use by that licensed
hunter for a period of time not to exceed the dur-
ation of the hunting season for which that fire-
arm is to be used.
(r) The waiting period described in Section
12071 or 12072 shall not apply to the delivery,
sale, or transfer of a firearm to the holder of a
special weapons permit issued by the
Department of Justice issued pursuant to Sec-
tion 12095, 12230, 12250, or 12305. On the
date that the application to purchase is com-
pleted, the dealer delivering the firearm shall
transmit to the Department of Justice an
electronic or telephonic report of the same as is
indicated In subdivision (b) or (c) of Section
12077.
(s)(1) Subdivision (d) of Section 12072 and
subdivision (b) of Section 12801 shall not apply
to the infrequent loan of an unloaded firearm by
a person who is neither a dealer as defined in
Section 12071 nor a federal firearms licensee
pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code, to a person 18 years of age or older for
use solely as a prop in a motion picture,
television, video, theatrical, or other entertain-
ment production or event.
(2) Subdivision (d), and paragraph (1) of sub-
division (f), of Section 12072, and subdivision (b)
of Section 12801 shall not apply to the loan of
an unloaded firearm by a person who is not a
dealer as defined in Section 12071 but who is a
federal firearms licensee pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code, to a person who possesses
a valid entertainment firearms permit issued
pursuant to Section 12081, for use solely as a
prop in a motion picture, television, video,
theatrical, or other entertainment production or
event. The person loaning the firearm pursuant
to this paragraph shall retain a photocopy of the
entertainment firearms permit as proof of
compliance with this requirement.
(3) Subdivision (b) of Section 12071, subdivi-
sion (c) of, and paragraph (1) of subdivision (f)
of, Section 12072, and subdivision (b) of Section
12801 shall not apply to the loan of an unloaded
firearm by a dealer as defined in Section 12071,
to a person who possesses a valid entertain-
ment firearms permit issued pursuant to Section
12081, for use solely as a prop in a motion pic-
ture, television, video, theatrical, or other enter-
tainment production or event. The dealer shall
retain a photocopy of the entertainment firearms
permit as proof of compliance with this require-
ment.
(4) Subdivision (b) of Section 12071,
subdivision (c) and Paragraph (1) of subdivision
(f) of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of an
unloaded firearm to a consultant - evaluator by a
person licensed pursuant to Section 12071 if the
loan does not exceed 45 days from the date of
delivery. At the time of the loan, the consultant -
evaluator shall provide the following information,
which the dealer shall retain for two years:
(a) A photocopy of a valid, current,
government- issued identification to determine
the consultant - evaluator's identity, including, but
not limited to, a California driver's license,
identification card, or passport.
(b) A photocopy of the consultant - evaluator's
valid, current certificate of eligibility.
(c) A letter from the person licensed as an
importer, manufacturer, or dealer pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code, with whom
the consultant - evaluator has a 'bona fide
business relationship. The letter shall detail the
bona fide business purposes for which the
firearm is being loaned and confirm that the
consultant - evaluator is being loaned the firearm
as part of a bona fide business relationship.
(d) The signature of the consultant - evaluator
on a form indicating the date the firearm is
loaned and the last day the firearm may be
returned.
(t)(1) The waiting period described in Section
12071 or 12072 shall not apply to the sale,
delivery, loan, or transfer of a firearm that is a
curio or relic, as defined in Section 478.11 of
Title 27 of the Code of Federal Regulations, or
its successor, by a dealer to a person who is
licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code and the regulations issued
pursuant thereto who has a current certificate of
eligibility issued to him or her by the Department
of Justice pursuant to Section 12071. On the
date that the delivery, sale, or transfer is made,
the dealer delivering the firearm shall transmit to
the Department of Justice an electronic or
Page 39
telephonic report of the transaction as is
indicated in subdivision (b) or (c) of Section
12077.
(2) Subdivision (d) and paragraph (1) of
subdivision (f) of Section 12072 shall not apply
to the infrequent sale, loan, or transfer of a
firearm that is not a handgun, which is a curio or
relic manufactured at least 50 years prior to the
current date, but not including replicas thereof,
as defined in Section 478.11 of Title 27 of the
Code of Federal Regulations, or its successor.
(u) As used in this section:
(1) "Infrequent" has the same meaning as in
paragraph (1) of subdivision (c) of Section
12070.
(2) "A person taking title or possession of fire-
arms by operation of law" includes, but is not
limited to, any of the following instances wherein
an individual receives title to, or possession of,
firearms:
(A) The executor or administrator of an estate
If the estate includes firearms.
(B) A secured creditor or an agent or employ-
ee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a
security agreement under the Commercial Code.
(C) A levying officer, as defined in Section
481.140, 511.060, or 680.260 of the Code of
Civil Procedure.
(D) A receiver performing his or her functions
as a receiver if the receivership estate includes
firearms.
(E) A trustee in bankruptcy performing his or
her duties if the bankruptcy estate includes fire-
arms.
(F) An assignee for the benefit of creditors
performing his or her functions as an assignee, if
the assignment includes firearms.
(G) A transmutation of property consisting of
firearms pursuant to Section 850 of the Family
Code.
(H) Firearms passing to a surviving spouse
pursuant to Chapter 1 (commencing with Sec-
tion 13500) of Part 2 of Division 8 of the Probate
Code.
(1) Firearms received by the family of a police
officer or deputy sheriff from a local agency
pursuant to Section 50081 of the Government
Code.
(J) The transfer of a firearm by a law enforce-
ment agency to the person who found the fire-
arm where the delivery is to the person as the
finder of the firearm pursuant to Article 1 (com-
mencing with Section 2080) of Chapter 4 of Divi-
sion 3 of the Civil Code.
12079. Permit for possession, Large
capacity magazines; permits for possession,
transportation, or sale
(a) Upon a showing that good cause exists,
the Department of Justice may issue permits for
the possession, transportation, or sale between
a person licensed pursuant to Section 12071
and an out -of -state client, of large capacity mag-
azines.
(b) For purposes of this section, "large capac-
ity magazine" shall have the same meaning as
that set forth in paragraph (25) of subdivision (c)
of Section 12020.
12080. Pamphlet summary of firearms
laws; contents; sale; immunity from liability
(a) The Department of Justice shall prepare a
pamphlet which summarizes California firearms
laws as they pertain to persons other than law
enforcement officers or members of the armed
services.
(b) The pamphlet shall include the following
matters:
(1) Lawful possession.
(2) Licensing procedures.
(3) Transportation and use of firearms.
(4) Acquisition of hunting licenses.
(5) The safe handling and use of firearms.
(6) Various methods of safe storage and child
proofing of firearms.
(7) The availability of firearms safety pro-
grams and devices.
(8) The responsibilities of firearms ownership.
(9) The operation of various types of firearms.
(10) The lawful use of deadly force.
(c) The department shall offer copies of the
pamphlet at actual cost to firearms dealers li-
censed pursuant to Section 12071 who shall
have copies of the most current version avail-
able for sale to retail purchasers or transferees
of firearms. The cost of the pamphlet, if any,
may be added to the sale price of the firearm.
Other interested parties may purchase copies di-
rectly from the Department of General Services.
The pamphlet shall declare that it Is merely in-
tended to provide a general summary of laws
applicable to firearms and is not designed to
provide individual guidance for specific areas.
Individuals having specific questions shall be
directed to contact their local law enforcement
agency or private counsel.
(d) The Department of Justice or any other
public entity shall be immune from any liability
arising from the drafting, publication, or dissem-
ination of the pamphlet or any reliance upon it.
All receipts from the sale of these pamphlets
shall, be deposited as reimbursements to the
support appropriation for the Department of
Justice.
[Publisher's Note: The pamphlet is available
online at
http://caag.state.ca.us/firearms/index.htmi.]
12081. Entertainment firearms permit;
application; forms; contents; review of
criminal offender record information; fees;
validity
(a) Any person who is at least 21 years of age
may apply for an entertainment firearms permit
from the Department of Justice that authorizes
the permitholder to possess firearms loaned to
him or her for use solely as a prop in a motion
picture, television, video, theatrical, or other
entertainment production or event. Upon receipt
of an initial or renewal application submitted as
specified in subdivision (b), the department shall
examine its records, records the department is
authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the
Welfare and Institutions Code, and records of
the National Instant Criminal Background Check
System as described in subsection (t) of Section
922 of Title 18 of the United States Code, in
order to determine if the applicant is prohibited
from possessing or receiving firearms. The
department shall issue an entertainment
firearms permit only if the records indicate that
the applicant is not prohibited from possessing
or receiving firearms pursuant to any federal,
state, or local law.
(b)(1) Requests for entertainment firearms
permits shall be made on application forms
prescribed by the Department of Justice that
require applicant information, Including, but not
limited to, the following:
(A) Complete name.
(B) Residential and mailing address.
(C) Telephone number.
(D) Date of birth.
(E) Place of birth.
(F) Country of citizenship and, if other than
United States, alien number or admission
number.
(G) Valid driver's license number or valid
identification card number issued by the
California Department of Motor Vehicles.
(H) Social security number.
(1) Signature.
(2) All applications must be submitted with the
appropriate fee as specified in subdivision (c).
(3) An initial application for an entertainment
firearms permit shall require the submission of
fingerprint images and related information in a
manner prescribed by the department, for the
purpose of obtaining information as to the
existence and nature of a record of state or
federal level convictions and state or federal
level arrests for which the department
establishes that the individual was released on
bail or on his or her own recognizance pending
trial as needed to determine whether the
applicant may be issued the permit. Requests
for federal level criminal offender record
information received by the Department of
Justice pursuant to this section shall be
forwarded by the department to the Federal
Bureau of Investigation.
(4) The Department of Justice shall review the
criminal offender record information specified in
subdivision (1) of Section 11105 for
entertainment firearms permit applicants.
(5) The Department of Justice shall review
subsequent arrests, pursuant to Section
11105.2, to determine the continuing validity of
the permit as specified in subdivision (d) for all
entertainment firearms permitholders.
(6) Any person who furnishes a fictitious
name or address or knowingly furnishes any
Incorrect information or knowingly omits any
information required to be provided on this
application is guilty of a misdemeanor.
(c) The Department of Justice shall recover
the full costs of administering the program by
assessing the following application fees:
(1) For the initial application: one hundred four
dollars ($104). Of this sum, fifty -six dollars ($56)
shall be deposited into the Fingerprint Fee
Account, and forty -eight dollars ($48) shall be
deposited into the Dealer Record of Sale
Account.
(2) For each annual renewal application:
twenty -nine dollars ($29), which shall be
deposited into the Dealer Record of Sale
Account.
(d) The implementation of subdivisions (a),
(b), and (c) by the department is exempt from
the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).
(e) The department shall annually review and
shall adjust the fees specified in subdivision (c),
if necessary, to fully fund, but not to exceed the
actual costs of, the permit program provided for
by this section, including enforcement of the
program.
(f) An entertainment firearms permit issued by
the Department of Justice shall be valid for one
year from the date of issuance. If at any time
during that year the permitholder becomes
prohibited from possessing or receiving firearms
pursuant to any federal, state, or local law, his or
her entertainment firearms permit shall be no
longer valid.
12082. Sale, loan, or transfer through
dealers; inability to legally deliver firearm;
disposal; fees; regulations and
requirements; register or record of transfer;
offense
(a) A person shall complete any sale, loan, or
transfer of a firearm through a person licensed
pursuant to Section 12071 in accordance with
Page 40
this section in order to comply with subdivision
(d) of Section 12072. The seller or transferor or
the person loaning the firearm shall deliver the
firearm to the dealer who shall retain possession
of that firearm. The dealer shall then deliver the
firearm to the purchaser or transferee or the per -
son being loaned the firearm, if it is not prohib-
ited, in accordance with subdivision (c) of Sec-
tion 12072. If the dealer cannot legally deliver
the firearm to the purchaser or transferee or the
person being loaned the firearm, the dealer shall
forthwith, without waiting for the conclusion of
the waiting period described in Sections 12071
and 12072, return the firearm to the transferor or
seller or the person loaning the firearm. The
dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm
when to do so would constitute a violation of
subdivision (a) of Section 12072. If the dealer
cannot legally return the firearm to the transferor
or seller or the person loaning the firearm, then
the dealer shall forthwith deliver the firearm to
the sheriff of the county or the chief of police or
other head of a municipal police department of
any city or city and county who shall then dis-
pose of the firearm in the manner provided by
Sections 12028 and 12032. The purchaser or
transferee or person being loaned the firearm
may be required by the dealer to pay a fee not to
exceed ten dollars ($10) per firearm, and no oth-
er fee may be charged by the dealer for a sale,
loan, or transfer of a firearm conducted pursuant
to this section, except for the applicable fees
that may be charged pursuant to Sections
12076, 12076.5 and 12088.9 and forwarded to
the Department of Justice, and the fees set forth
in Section 12805, Nothing in these provisions
shall prevent a dealer from charging a smaller
fee. The dealer may not charge any additional
fees
(b) The Attorney General shall adopt regula-
tions under this section to do all of the following:
(1) Allow the seller or transferor or the person
loaning the firearm, and the purchaser or trans-
feree or the person being loaned the firearm, to
complete a sale, loan, or transfer through a deal-
er, and to allow those persons and the dealer to
comply with the requirements of this section and
Sections 12071, 12072, 12076, and 12077 and
to preserve the confidentiality of those records.
(2) Where a personal handgun importer is
selling or transferring a pistol, revolver, or other
firearm capable of being concealed upon the
person to comply with clause (ii) of subpara-
graph (A) of paragraph (2) of subdivision (f) of
Section 12072, to allow a personal handgun im-
porter's ownership of the pistol, revolver, or oth-
er firearm capable of being concealed upon the
person being sold or transferred to be recorded
in a manner that if the firearm is returned to that
personal handgun importer because the sale or
transfer cannot be completed, the Department of
Justice will have sufficient information about that
personal handgun importer so that a record of
his or her ownership can be maintained in the
registry provided by subdivision (c) of Section
11106.
(3) Ensure that the register or record of elec-
tronic transfer shall state the name and address
of the seller or transferor of the firearm or the
person loaning the firearm and whether or not
the person is a personal handgun importer in ad-
dition to any other information required by Sec-
tion 12077.
(c) Notwithstanding any other provision of
law, a dealer who does not sell, transfer, or keep
an inventory of handguns is not required to proc-
ess private party transfers of handguns.
(d) A violation of this section by a dealer is a
misdemeanor.
12083. Centralized list of exempted federal
firearms licensees; applicant qualification;
fee; restriction on importation and receipt of
firearms; Record maintenance; availability
of records; inspections; violations;
regulations
(a) Commencing January 1, 2008, the
Department of Justice shall keep a centralized
list of persons who identify themselves as being
licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code as a dealer, importer or manufacturer of
firearms whose licensed premises are within this
state and who declare to the department an
exemption from the firearms dealer licensing
requirements of Section 12070. The list shall be
known as the centralized list of exempted
federal firearms licensees. To qualify for
placement on the centralized list, an applicant
shall do all of the following:
(1) Possess a valid federal firearms license
pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code as a dealer, importer, or manufacturer of
firearms.
(2) Possess a current, valid certificate of
eligibility pursuant to Section 12071.
(3) Maintain with the department a signed
declaration enumerating the applicant's statutory
exemptions from licensing requirements of
Section 12070. Any person furnishing a fictitious
name, knowingly furnishing any incorrect
information, or knowingly omitting any
information for the declaration shall be guilty of a
misdemeanor.
(b) Commencing January 1, 2008, the
department shall assess an annual fee of one
hundred fifteen dollars ($115) to cover its costs
of maintaining the centralized list of exempted
federal firearms licensees prescribed by
subdivision (a), conducting Inspections in
accordance with this section, and for the cost of
maintaining the firearm shipment verification
number system described in subdivision (f) of
Section 12072. A person who is not licensed
pursuant to Section 12071, who has been
issued a permit pursuant to Section 12095,
12287, 12230, or 12305, and who is placed on
the centralized list of exempted federal firearms
licensees shall not be charged the fee. The
department may increase the fee at a rate not to
exceed the increase in the California Consumer
Price Index as compiled and reported by the
Department of Industrial Relations. The fees
collected shall be deposited in the Dealers'
Record of Sale Special Account.
(c)(1) Any person licensed pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code as a dealer,
pawnbroker, importer, or manufacturer of
firearms whose licensed premises are within this
state shall not import or receive firearms from
any source unless listed on the centralized list of
firearms dealers pursuant to Section 12071, or
the centralized list of exempted federal firearms
licensees pursuant to subdivision (a), or the
centralized list of firearms manufacturers
pursuant to subdivision (f) of Section 12086.
(2) A violation of this subdivision is a
misdemeanor.
(d)(1) All persons on the centralized list of
exempted federal firearms licensees prescribed
by subdivision (a) shall record and keep on file
for three years, the verification number that shall
accompany firearms received from other federal
firearms licensees pursuant to subdivision (f) of
Section 12072.
(2) A violation of this subdivision is cause for
immediate removal from the centralized list.
(e) Information compiled from the list
described in subdivision (a) shall be made
available for the following purposes:
(1) Requests from local, state, and federal law
enforcing agencies and the duly constituted city,
county, and city and county licensing authorities.
(2) When the information is requested by a
person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code for determining the validity
of the license for firearm shipments.
(f) The department may conduct onsite
inspections at the business premises of a
person on the centralized list described in
subdivision (a) to determine compliance with
firearms laws pursuant to Article 4 (commencing
with Section 12070) of Chapter 1 of Title 2 of
Part 4 of the Penal Code. The department shall
work in consultation with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to ensure
that licensees are not subject to duplicative
inspections. During the inspection the following
firearm records shall be made available for
review:
(1) Federal records referred to in subdivision
(a) of Section 478.125 of Title 27 of the Code of
Federal Regulations and the bound book
containing the same information referred to in
Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal
Regulations.
(2) Verification numbers issued pursuant to
subdivision (f) of Section 12072.
(3) Any other records requested by the
department to determine compliance with this
article.
(g) The department may remove from the
centralized list described in subdivision (a), any
person who violates this article.
(h) The department may adopt regulations as
necessary to carry out the provisions of this
section, subdivision (f) of Section 12072, and
Section 12071. The department shall work in
consultation with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to ensure
that state regulations are not duplicative of
federal regulations.
12085 Manufacturing; violation
(a) Commencing July 1, 1999, no person,
firm, or corporation licensed to manufacture fire-
arms pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code may manufacture firearms within this state
unless licensed pursuant to Section 12086.
(b) Subdivision (a) does not apply to a person
licensed to manufacture firearms pursuant to
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code who manufac-
tures fewer than 100 firearms in a calendar year
within this state.
(c) If a person, firm, or corporation required to
be licensed pursuant to Section 12086 ceases
operations, then the records required pursuant
to paragraphs (6) and (10) of subdivision (c) of
Section 12086 shall be forwarded to the federal
Bureau of Alcohol, Tobacco, and Firearms within
three days of the closure of business.
(d) A violation of this section is a mis-
demeanor.
(e)(1) As used in this section and Section
12086, the term "firearm" includes the frame or
receiver of the weapon.
(2) As used in this section and Section 12086,
the term "firearm" includes the unfinished frame
Page 41
or receiver of a weapon that can be readily con-
verted to the functional condition of a finished
frame or receiver.
(3) For purposes of this section and Section
12086, the term "firearm" does not include an
unloaded firearm that is defined as an "antique
firearm" in paragraph (16) of subsection (a) of
Section 921 of Title 18 of the United States
Code.
12086. License; application process
eligibility; prohibitions and requirement for
licensee
(a)(1) As used in this section, "licensee"
means a person, firm, or corporation that satis-
fies both of the following:
(A) Has a license issued pursuant to para-
graph (2) of subdivision (b).
(B) Is among those recorded in the cen-
tralized list specified in subdivision (f).
(2) As used in this section, "department"
means the Department of Justice.
(b)(1) The Department of Justice shall accept
applications for, and shall grant licenses permit-
ting, the manufacture of firearms within this
state. The department shall inform applicants
who are denied licenses of the reasons for the
denial in writing.
(2) No license shall be granted by the depart-
ment unless and until the applicant presents
proof that he or she has all of the following:
(A) A valid license to manufacture firearms
issued pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code.
(B) Any regulatory or business license, or
licenses, required by local government.
(C) A valid seller's permit or resale certificate
issued by the State Board of Equalization, if
applicable.
(D) A certificate of eligibility issued by the De-
partment of Justice pursuant to paragraph (4) of
subdivision (a) of Section 12071.
(3) The department shall adopt regulations to
administer this section and Section 12085 and
shall recover the full costs of administering the
program by collecting fees from license appli-
cants. Recoverable costs shall include, but not
be limited to, the costs of inspections and main-
taining a centralized list of licensed firearm man-
ufacturers. The fee for licensed manufacturers
who produce fewer than 500 firearms in a calen-
dar year within this state shall not exceed two
hundred fifty dollars ($250) per year or the
actual costs of inspections and maintaining a
centralized list of firearm manufacturers and any
other duties of the department required pursuant
to this section and Section 12085, whichever is
less.
(4) A license granted by the department shall
be valid for no more than one year from the date
of issuance and shall be in the form prescribed
by the Attorney General.
(c) A licensee shall comply with the following
prohibitions and requirements:
(1) The business shall be conducted only in
the buildings designated in the license.
(2) The license or a copy thereof, certified by
the department, shall be displayed on the premi-
ses where it can easily be seen.
(3) Whenever a licensee discovers that a
firearm has been stolen or is missing from the
licensee's premises, the licensee shall report the
loss or theft within 48 hours of the discovery to
all of the following:
(A) The Department of Justice, in a manner
prescribed by the department.
(B) The federal Bureau of Alcohol, Tobacco,
and Firearms.
(C) The police department in the city or city
and county where the building designated in the
license is located.
(D) If there is no police department in the city
or city and county where the building designated
in the license is located, the sheriff of the county
where the building designated in the license is
located.
(4)(A) The licensee shall require that each
employee obtain a certificate of eligibility pursu-
ant to paragraph (4) of subdivision (a) of Section
12071, which shall be renewed annually, prior to
being allowed to come into contact with any fire-
arm.
(B) The licensee shall prohibit any employee
who the licensee knows or reasonably should
know is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm from coming into contact with any
firearm.
(5)(A) Each firearm the licensee manufac-
tures in this state shall be identified with a
unique serial number stamped onto the firearm
utilizing the method of compression stamping.
(B) Licensed manufacturers who produce
fewer than 500 firearms in a calendar year within
this state may serialize long guns only by utiliz-
ing a method of compression stamping or by en-
graving the serial number onto the firearm.
(C) The licensee shall stamp the serial num-
ber onto the firearm within one business day of
the time the receiver or frame is manufactured.
(D) The licensee shall not use the same serial
number for more than one firearm.
(6)(A) The licensee shall record the type,
model, caliber, or gauge, and serial number of
each firearm manufactured or acquired', and the
date of the manufacture or acquisition, within
one business day of the manufacture or
acquisition.
(B) The licensee shall maintain permanently
within the building designated in the license the
records required pursuant to subparagraph (A).
(C) Backup copies of the records described in
subparagraph (A), whether electronic or hard
copy, shall be made at least once a month.
These backup records shall be maintained in a
facility separate from the one in which the pri-
mary records are stored.
(7)(A) The licensee shall allow the department
to Inspect the building designated in the license
to ensure compliance with the requirements of
this section.
(B) The licensee shall allow any peace officer,
authorized law enforcement employee, or De-
partment of Justice employee designated by the
Attorney General, upon the presentation of
proper identification, to inspect facilities and
records during business hours to ensure com-
pliance with the requirements of this section.
(8) The licensee shall store in a secure facility
all firearms manufactured and all barrels for
firearms manufactured.
(9)(A) The licensee shall notify the chief of
police or other head of the municipal police de-
partment in the city or city and county where the
building designated in the license is located that
the licensee is manufacturing firearms within
that city or city and county and the location of
the licensed premises.
(B) If there is no police department in the city
or city and county where the building designated
in the license is located, the licensee shall notify
the sheriff of the county where the building des -
Ignated in the license is located that the licensee
is manufacturing firearms within that county and
the location of the licensed premises.
(10) For at least 10 years, the licensee shall
maintain records of all firearms that are lost or
stolen, as prescribed by the department.
(d) Except as otherwise provided in subdivi-
sion (e), as used in this section, a "secure facil-
ity" means that the facility satisfies all of the fol-
lowing:...
(e) For purposes of this section, any licensed
manufacturer who produces fewer than 500 fire-
arms in a calendar year within this state may
maintain a "secure facility" by complying with all
of the requirements described in subdivision (d),
or may design a security plan that is approved
by the Department of Justice or the federal
Bureau of Alcohol, Tobacco, and Firearms.
(1) If a security plan is approved by the
federal Bureau of Alcohol, Tobacco, and
Firearms, the approved plan, along with proof of
approval, shall be filed with the Department of
Justice and the local police department. if there
is no police department, the filing shall be with
the county sheriffs office.
(2) If a security plan is approved by the De-
partment of Justice, the approved plan, along
with proof of approval, shall be filed with the
local police department. If there is no police de-
partment, the filing shall be with the county
sheriffs office.
(f)(1) Except as otherwise provided in this
subdivision, the Department of Justice shall
maintain a centralized list of all persons licensed
pursuant to paragraph (2) of subdivision (b). The
centralized list shall be provided annually to
each police department and county sheriff within
the state.
(2) Except as provided in paragraph (3), the
license of any licensee who violates this section
may be revoked.
(3) The license of any licensee who knowingly
or with gross negligence violates this section or
violates this section three times shall be re-
voked, and that person, firm, or corporation shall
become permanently ineligible to obtain a li-
cense pursuant to this section.
(g)(1) Upon the revocation of the license, no-
tification shall be provided to local law enforce-
ment authorities in the jurisdiction where the li-
censee's business is located and to the federal
Bureau of Alcohol, Tobacco, and Firearms.
(2) The department shall make information
concerning the location and name of a licensee
available, upon request, for the following pur-
poses only:
(A) Law enforcement.
(B) When the information is requested by a
person licensed pursuant to Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code for determining the validity
of the license for firearm shipments.
(3) Notwithstanding paragraph (2), the depart-
ment shall make the name and business ad-
dress of a licensee available to any person upon
written request.
(h) The Department of Justice shall maintain
and make available upon request information
concerning the number of inspections conducted
and the amount of fees collected pursuant to
paragraph (3) of subdivision (b), the number of
licensees removed from the centralized list
described in subdivision (f), and the number of
licensees found to have violated this section.
Article 4.5. Firearms Safety Devices
12087. Short Title This article shall be known
and may be cited as the "Aroner- Scott - Hayden
Firearms Safety Act of 1999."
12087.6. Definitions As used in this article:
Page 42
(a) "Firearms safety device" means a device
other than a gun safe that locks and is designed
to prevent children and unauthorized users from
firing a firearm. The device may be installed on a
firearm, be incorporated into the design of the
firearm, or prevent access to the firearm.
(b) "Gun safe" means a locking container that
fully contains and secures one or more firearms,
and that meets the standards for gun safes
adopted pursuant to Section 12088.2.
(c) "Long -gun safe" means a locking contain-
er designed to fully contain and secure a rifle as
defined in paragraph (20) of subdivision (c) of
Section 12020 or a shotgun as defined in para-
graph (21) of subdivision (c) of Section 12020,
that has a locking system consisting of either a
mechanical combination lock or an electronic
combination lock that has at least 1,000 possible
unique combinations consisting of a minimum of
three numbers, letters, or symbols per combina-
tion, and that is not listed on the roster main-
tained pursuant to subdivision (d) of Section
12088.
12088.1. Firearm sales or transfers to
include approved firearms safety device;
warning language or label; long -gun safe
warning labels; exemptions
(a) All firearms sold or transferred in this state
by a licensed firearms dealer, including private
transfers through a dealer, and all firearms man-
ufactured in this state, shall include or be ac-
companied by a firearms safety device that is
listed on the Department of Justice's roster of
approved firearms safety devices and that is
identified as appropriate for that firearm by refer-
ence to either the manufacturer and model of
the firearm, or to the physical characteristics of
the firearm that match those listed on the roster
for use with the device.
(b) All firearms sold or transferred in this state
by a licensed firearms dealer, including private
transfers through a dealer, and all firearms man-
ufactured in this state shall be accompanied with
warning language or labels as described in Sec-
tion 120883.
(c)(1) All long -gun safes commercially sold or
transferred in this state, or manufactured in this
state for sale in this state, that do not meet the
standards for gun safes adopted pursuant to
Section 12088.2 shall be accompanied by the
following warning:
"WARNING: This gun safe does not meet the
safety standards for gun safes specified in Cali-
fornia Penal Code Section 12088.2. It does not
satisfy the requirements of Penal Code Section
12088.1, which mandates that all firearms sold
in California be accompanied by a firearms
safety device or proof of ownership, as required
by law, of a gun safe that meets the Section
12088.2 minimum safety standards developed
by the California Attorney General."
(2) This warning shall be conspicuously dis-
played in its entirety on the principal display
panel of the gun safe's package, on any descrip-
tive materials that accompany the gun safe, and
on a label affixed to the front of the gun safe.
(3) This warning shall be displayed in both
English and Spanish in conspicuous and legible
type in contrast by typography, layout, or color
with other printed matter on the package or de-
scriptive materials in a manner consistent with
Part 1500.121 of Title 16 of the Code of Federal
Regulations, or successor regulations thereto.
(d) The sale or transfer of a firearm shall be
exempt from subdivision (a) if both of the follow-
ing apply:
(1) The purchaser or transferee owns a gun
safe that meets the standards set forth in
Section 12088.2. Gun safes shall not be
required to be tested, and therefore may meet
the standards without appearing on the
Department of Justice roster.
(2) The purchaser or transferee presents an
original receipt for purchase of the gun safe, or
other proof of purchase or ownership of the gun
safe as authorized by the Attorney General, to
the firearms dealer. The dealer shall maintain a
copy of this receipt or proof of purchase with the
dealers' record of sales of firearms.
(e) The sale or transfer of a firearm shall be
exempt from subdivision (a) if all of the following
apply:
(1) The purchaser or transferee purchases an
approved safety device no more than 30 days
prior to the day the purchaser or transferee
takes possession of the firearm.
(2) The purchaser or transferee presents the
approved safety device to the firearms dealer
when picking up the firearm.
(3) The purchaser or transferee presents an
original receipt to the firearms dealer which
shows the date of purchase, the name, and the
model number of the safety device.
(4) The firearms dealer verifies that the re-
quirements in (1) to (3), inclusive, have been
satisfied.
(5) The firearms dealer maintains a copy of
the receipt along with the dealers' record of
sales of firearms.
12088.15. Commercial sale, offer or
exposure for sale, or distribution of firearm
safety device and long -gun safe; civil liability
of persons and dealers; punishment
(a) No person shall keep for commercial sale,
offer, or expose for commercial sale, or
commercially sell any firearms safety device that
is not listed on the roster maintained pursuant to
sub - division (d) of Section 12088, or that does
not comply with the standards for firearms safety
de -vices adopted pursuant to Section 12088.2.
(b) No person may distribute as part of an or-
ganized firearm safety program, with or without
consideration, any firearm safety device that is
not listed on the roster maintained pursuant to
subdivision (d) of Section 12088 or does not
comply with the standards for firearms safety de-
vices adopted pursuant to Section 12088.2.
(c) No long -gun safe may be manufactured in
this state for sale in this state that does not com-
ply with the standards for gun safes adopted
pursuant to Section 12088.2, unless the long -
gun safe is labeled by the manufacturer consis-
tent with the requirements of Section 12088.1.
(d)(1) Any person who keeps for commercial
sale, offers, or exposes for commercial sale, or
who commercially sells a long -gun safe that
does not comply with the standards for gun
safes adopted pursuant to Section 12088.2, and
who knows or has reason to know, that the long-
gun safe in question does not meet the stan-
dards for gun safes adopted pursuant to Section
12088.2, is in violation of this section, and is
punishable as provided in subdivision (e), unless
the long -gun safe is labeled pursuant to Section
12088.1.
(2) Any person who keeps for commercial
sale, offers, or exposes for commercial sale, or
who commercially sells a long -gun safe that
does not comply with the standards for gun
safes adopted pursuant to Section 12088.2, and
who removes or causes to be removed from the
long -gun safe, the label required pursuant to
Section 12088.1, is in violation of this section,
and is punishable as provided in subdivision (e).
(e) A violation of this section is punishable by
a civil fine of up to five hundred dollars ($500). A
second violation of this section that occurs within
five years of the date of a previous offense is
punishable by a civil fine of up to one thousand
dollars ($1,000) and, if the violation is committed
by a licensed firearms dealer, the dealer shall be
ineligible to sell firearms in this state for 30 days.
A third or subsequent violation that occurs within
five years of two or more previous offenses is
punishable by a civil fine of up to five thousand
dollars ($5,000) and, if the violation is committed
by a licensed firearms dealer, the firearms deal -
er shall be permanently ineligible to sell firearms
in this state.
(f) The Attorney General, a district attorney, or
a city attorney may bring a civil action for a viola-
tion of the provisions of this section.
12088.3. Firearm sale or transfer;
packaging warning statement label
(a) The packaging of any firearm and any de-
scriptive materials that accompany any firearm
sold or transferred in this state, or delivered for
sale in this state, by any licensed manufacturer,
or licensed dealer, shall bear a label containing
the following warning statement:
WARNING
Children are attracted to and can operate fire-
arms that can cause severe injuries or death.
Prevent child access by always keeping guns
locked away and unloaded when not in use. If
you keep a loaded firearm where a child obtains
and improperly uses it, you may be fined or sent
to prison.
A yellow triangle containing an exclamation
mark shall appear immediately before the word
"Warning" on the label.
(b) If the firearm is sold or transferred without
accompanying packaging, the warning label or
notice shall be affixed to the firearm itself by a
method to be prescribed by regulation of the
Attorney General.
(c) The warning statement required under
subdivisions (a) and (b) shall be:
(1) Displayed in its entirety on the principal
display panel of the firearm's package, and on
any descriptive materials that accompany the
firearm.
(2) Displayed in both English and Spanish in
conspicuous and legible type in contrast by typo-
graphy, layout, or color with other printed matter
on that package or descriptive materials in a
manner consistent with Part 1500.121 of Title
16, of the Code of Federal Regulations, or suc-
cessor regulations thereto.
12088.4 Gun safe or firearm safety device
nonconformity; recall or replacement;
conformity requirement
If at any time the Attorney General determines
that a gun safe or firearms safety device subject
to the provisions of this article and sold after
January 1, 2002, does not conform with the
standards required by subdivi -sion (a) of Section
12088.1 or Section 12088.2, the Attorney
General may order the recall and replacement of
the gun safe or firearms safety device, or order
that the gun safe or firearm safety device be
brought into conformity with those requirements.
If the firearms safety device cannot be
separated from the firearm without damaging the
firearm, the Attorney General may order the
recall and replacement of the firearm. If the
firearms safety device can be separated and
reattached to the firearm without damaging the
firearm, the licensed manufacturer or licensed
firearms dealer shall immediately provide a
conforming replacement as instructed by the
Attorney General.
12088.6. Violations; punishment
Page 43
Any violation of Section 12088.1 or Section
12088.3 is punishable by a fine of one thousand
dollars ($1,000). On the second violation of any
of those sections, the licensed firearm
manufacturer shall be ineligible to manufacture,
or the licensed firearm dealer shall be ineligible
to sell, firearms in this state for 30 days, and
shall be punished by a fine of one thousand
dollars ($1,000). On the third violation of any of
those sections, a firearm manufacturer shall be
permanently ineligible to manufacture firearms in
this state. On the third violation of any of those
sections, a licensed firearm dealer shall be
permanently ineligible to sell firearms in this
state.
12088.8. Application of article
(a) This article does not apply to the com-
merce of any firearm defined as an "antique fire-
arm" in paragraph (16) of subsection (a) of Sec-
tion 921 of Title 18 of the United States Code.
(b) This article shall not apply to the com-
merce of any firearm intended to be used by a
salaried, full -time peace officer as defined in
Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 for purposes of law enforce-
ment. Nothing in this article shall preclude local
governments, local agencies, or state law
enforcement agencies from requiring their peace
officers to store their firearms in gun safes or
attach firearms safety devices to those firearms.
Article 5. Obliteration of Identification Marks
12090. Unauthorized alteration;
punishment
Any person who changes, alters, removes or
obliterates the name of the maker, model,
manufacturer's number, or other mark of identifi-
cation, including any distinguishing number or
mark assigned by the Department of Justice on
any pistol, revolver, or any other firearm, without
first having secured written permission from the
department to make such change, alteration or
removal shall be punished by imprisonment in
the state prison..
12091. Changing identification marks
Possession of any pistol or revolver upon
which the name of the maker, model, manufac-
turer's number or other mark of identification has
been changed, altered, removed, or obliterated,
shall be presumptive evidence that the pos-
sessor has changed, altered, removed, or oblit-
erated the same. [Publisher's Note: This sec-
tion has been held unconstitutional in part in the
case``otf In re Christopher K., 110 Cal.Rptr.2d
914, 91 CaLAppAth 853 (App. 4 Dist. 2001).]
12092. Assigning number or mark;
The Department of Justice upon request may
assign a distinguishing number or mark of
identification to any firearm whenever it is
without a manufacturer's number, or other mark
of identification or whenever the manufacturer's
number or other mark of identification or the
distinguishing number or mark assigned by the
department has been destroyed or obliterated.
12093. Stamping number or identifying
indicium on firearm
Any person may place or stamp on any pistol,
revolver, or other firearm any number or
identifying indicium, provided the number or
Identifying indicium does not change, alter,
remove, or obliterate the manufacturer's name,
number, model, or other mark of identification.
This section does not prohibit restoration by the
owner of the name of the maker, model, or of
the original manufacturer's number or other
mark of identification when such restoration is
authorized by the department, nor prevent any
manufacturer from placing in the ordinary course
of business the name of the maker, model, man-
ufacturer's number, or other mark of identifica-
tion upon a new firearm.
12094. Unmarked firearms; purchase, sale
or possession; offense; exceptions
(a) Any person with knowledge of any
change, alteration, removal, or obliteration de-
scribed herein, who buys, receives, disposes of,
sells, offers for sale, or has in his or her posses-
sion any pistol, revolver, or other firearm which
has had the name of the maker, model, or the
manufacturer's number or other mark of identifi-
cation including any distinguishing number or
mark assigned by the Department of Justice
changed, altered, removed, or obliterated is
guilty of a misdemeanor.
(b) Subdivision (a) does not apply to any of
the following:
(1) The acquisition or possession of a firearm
described in subdivision (a) by any member of
the military forces of this state or of the United
States, while on duty and acting within the scope
and course of his or her employment.
(2) The acquisition or possession of a firearm
described in subdivision (a) by any peace officer
described in Chapter 4.5 (commencing with Sec-
tion 830) of Title 3 of Part 2, while on duty and
acting within the scope and course of his or her
employment.
(3) The acquisition or possession of a firearm
described in subdivision (a) by any employee of
a forensic laboratory, while on duty and acting
within the scope and course of his or her
employment.
(4) The possession and disposition of a fire -
arm described in subdivision (a) by a person
who meets all of the following:
(A) He or she is not prohibited by state or
federal law from possessing, receiving, owning,
or purchasing a firearm.
(B) The person possessed the firearm no
longer than was necessary to deliver the same
to a law enforcement agency for that agency's
disposition according to law.
(C) If the person is transporting the firearm,
he or she is transporting the firearm to a law en-
forcement agency in order to deliver the firearm
to the law enforcement agency for the agency's
disposition according to law.
(D) if the person is transporting the firearm to
a law enforcement agency, he or she has given
prior notice to the law enforcement agency that
he or she is transporting the firearm to that law
enforcement agency for that agency's disposi-
tion according to law.
(E) The firearm is transported in a locked con-
tainer as defined in subdivision (d) of Section
12026.2.
Article 6. Permits
12095. Short- barreled shotguns or short-
barreled rifles; manufacture, possession,
transportation or sale; good cuase basis for
permit; duration of permit validity
(a) If it finds that it does not endanger the
public safety, the Department of Justice may
issue permits initially valid for a period of one
year, and renewable annually thereafter, for the
manufacture, possession, transportation, or sale
of short- barreled shotguns or short- barreled
rifles upon a showing that good cause exists for
the issuance thereof to the applicant for the per -
mit. No permit shall be issued to a person who is
under 18 years of age.
(b) Good cause, for the purposes of this
section, shall be limited to only the following:
(1) The permit is sought for the manufacture,
possession, or use with blank cartridges, of a
short- barreled rifle or short- barreled shotgun,
solely as props for a motion picture, television,
or video production or entertainment event.
(2) The permit is sought for the manufacture
of, exposing for sale, keeping for sale, sale of,
importation or lending of short- barreled rifles or
short- barreled shotguns to the entities listed in
paragraph (1) of subdivision (b) of Section
12020 by persons who are licensed as dealers
or manufacturers under the provisions of Chap-
ter 53 (commencing with Section 5801) of Title
26 of the United States Code, as amended, and
the regulations issued pursuant thereto.
12096. Applications; fees; renewals
Applications for permits shall be filed in
writing, signed by the applicant if an individual,
or by a member or officer qualified to sign if the
applicant is a firm or corporation, and shall state
the name, business in which engaged, business
address, and a full description of the use to
which the short- barreled shotguns or short-
barreled rifles are to be put.
Applications and permits shall be uniform
throughout the state on forms prescribed by the
Department of Justice.
Each applicant for a permit shall pay at the
time of filing his or her application a fee deter-
mined by the Department of Justice not to ex-
ceed the application processing costs of the De-
partment 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 pay-
ment 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 pro-
cessing costs, fees charged shall increase at a
rate not to exceed the legislatively approved
annual cost -of- living adjustments for the depart-
ment's budget.
12097. Display; inspection; identification
number on weapon
(a) Every person, firm, or corporation to whom
a permit is issued shall keep it on his or her per-
son or at the place where the short- barreled
shotguns or short - barreled rifles are kept. The
permit shall be open to inspection by any peace
officer or any other person designated by the
authority issuing the permit.
(b) Every short- barreled shotgun or short -bar-
reled rifle possessed pursuant to the provisions
of this article shall bear a unique identifying
number. If a weapon does not bear a unique
identifying number, the Department of Justice
shall assign a number which shall be placed or
stamped on that weapon.
12098. Revocation
Permits issued in accordance with this article
may be revoked by the issuing authority at any
time when it appears that the need for the short-
barreled shotguns or short- barreled rifles has
ceased or that the holder of the permit has used
the short - barreled shotguns or short - barreled
rifles for purposes other than those allowed by
the permit or that the holder of the permit has
not exercised great care in retaining custody of
any weapons possessed under the permit.
12099. Annual inspection for security and
safe storage, and to reconcile inventory
(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 in-
Page 44
spection for security and safe storage purposes,
and to reconcile the inventory of short- barreled
shotguns and short- barreled rifles.
(b) A person, firm, or corporation with an in-
ventory of fewer than five devices that require
any Department of Justice permit shall be sub-
ject to an inspection for security and safe stor-
age purposes, and to reconcile inventory, once
every five years, or more frequently if deter-
mined by the department.
Article 7. Juveniles
12101. Concealable firearm or live
ammunition; possession by minor;
punishment; parenting education classes;
self- defense or defense of others
(a)(1) A minor shall not possess a pistol, re-
volver, or other firearm capable of being con-
cealed upon the person.
(2) Paragraph (1) shall not apply if one of the
following circumstances exists:
(A) The minor is accompanied by his or her
parent or legal guardian, and the minor is active-
ly engaged in, or is in direct transit to or from, a
lawful, recreational sport, including, but not lim-
ited to, competitive shooting, or agricultural,
ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment
or theatrical event, the nature of which involves
this use of a firearm.
(B) The minor is accompanied by a respons-
ible adult, the minor has the prior written consent
of his or her parent or legal guardian, and the
minor is actively engaged in, or is in direct transit
to or from, a lawful, recreational sport, including,
but not limited to, competitive shooting, or agri-
cultural, ranching, or hunting activity, or a motion
picture, television, or video production, or enter-
tainment or theatrical event, the nature of which
involves the use of a firearm.
(C) The minor is at least 16 years of age, the
minor has the prior written consent of his or her
parent or legal guardian and the minor is actively
engaged in, or is in direct transit to or from, a
lawful recreational sport, including, but not lim-
ited to, competitive shooting, or agricultural,
ranching, or hunting activity, or a motion pic-
ture, television, or video production, or entertain-
ment or theatrical event, the nature of which
involves the use of a firearm.
(D) The minor has the prior written consent of
his or her parent or legal guardian, the minor is
on lands owned or lawfully possessed by his or
her parent or legal guardian, and the minor is
actively engaged in, or is in direct transit to or
from, a lawful, recreational sport, including, but
not limited to, competitive shooting, or agricul-
tural, ranching, or hunting activity, or a motion
picture, television, or video production, or enter-
tainment or theatrical event, the nature of which
involves the use of a firearm.
(b) (1) A minor shall not possess live ammu-
nition.
(2) Paragraph (1) shall not apply if one of the
following circumstances exists:
(A) The minor has the written consent of his
or her parent or legal guardian to possess live
ammunition.
(B) The minor is accompanied by his or her
parent or legal guardian.
(C) The minor is actively engaged in, or is go-
ing to or from, a lawful, recreational sport, in-
cluding, but not limited to, competitive shooting,
or agricultural, ranching, or hunting activity the
nature of which involves the use of a firearm.
(c) Every minor who violates this section shall
be punished as follows:
(1) By imprisonment in the state prison or in a
county jail if one of the following applies:
(A) The minor has been found guilty pre-
viously of violating this section.
(B) The minor has been found guilty previ-
ously of an offense specified in subdivision (b) of
Section 12021.1 or in Section 12020, 12220,
12520, or 12560.
(C) The minor has been found guilty of a vio-
lation of paragraph (1) of subdivision (a).
(2) Violations of this section other than those
violations specified in paragraph (1) shall be
punishable as a misdemeanor.
(d) In a proceeding to enforce this section
brought pursuant to Article 14 (commencing with
Section 601) of Chapter 2 of Part 1 of the Wel-
fare and Institutions Code, the court may require
the custodial parent or legal guardian of a minor
who violates this section to participate in classes
on parenting education that meet the require-
ments established in Section 16507.7 of the
Welfare and Institutions Code.
(e) As used in this section, "responsible adult"
means a person at least 21 years of age who is
not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm.
(q It is not the intent of the Legislature in en-
acting the amendments to this section or to Sec-
tion 12078 to expand or narrow the application
of current statutory or judicial authority as to the
rights of minors to be loaned or to possess live
ammunition or a firearm for the purpose of self -
defense or the defense of others.
Chapter 1.3. Unsafe Handguns
12125. Offense; punishment
(a) Commencing January 1, 2001, any person
in this state who manufactures or causes to be
manufactured, imports into the state for sale,
keeps for sale, offers or exposes for sale, gives,
or lends any unsafe handgun shall be punished
by imprisonment in a county jail not exceeding
one year.
(b) This section shall not apply to any of the
following:
(1) The manufacture in this state, or importa-
tion into this state, of any prototype pistol, re-
volver, or other firearm capable of being con-
cealed upon the person when the manufacture
or importation is for the sole purpose of allowing
an independent laboratory certified by the De-
partment of Justice pursuant to Section 12130 to
conduct an independent test to determine
whether that pistol, revolver, or other firearm
capable of being concealed upon the person is
prohibited by this chapter, and, if not, allowing
the department to add the firearm to the roster of
pistols, revolvers, and other firearms capable of
being concealed upon the person that may be
sold in this state pursuant to Section 12131.
(2) The importation or lending of a pistol, re-
volver, or other firearm capable of being con-
cealed upon the person by employees or author-
ized agents of entities determining whether the
weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as de-
fined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
(4) The sale or purchase of any pistol, revolv-
er or other firearm capable of being concealed
upon the person, if the pistol, revolver, or other
firearm is sold to, or purchased by, the Depart-
ment of Justice, any police department, any
sheriffs official, any marshal's office, the Youth
and Adult Correctional Agency, the California
Highway Patrol, any district attorney's office, or
the military or naval forces of this state or of the
United States for use in the discharge of their of-
ficial duties. Nor shall anything in this section
prohibit the sale to, or purchase by, sworn mem-
bers of these agencies of any pistol, revolver, or
other firearm capable of being concealed upon
the person.
(c) Violations of subdivision (a) are cumulative
with respect to each handgun and shall not be
construed as restricting the application of any
other law. However, an act or omission punish-
able in different ways by this section and other
provisions of law shall not be punished under
more than one provision, but the penalty to be
imposed shall be determined as set forth in
Section 654.
12126. "Unsafe handgun" defined
As used in this chapter, "unsafe handgun"
means any pistol, revolver, or other firearm
capable of being concealed upon the person, as
defined in subdivision (a) of Section 12001, for
which any of the following is true:
(a) For a revolver:
(1) It does not have a safety device that,
either automatically in the case of a double -
action firing mechanism, or by manual operation
in the case of a single - action firing mechanism,
causes the hammer to retract to a point where
the firing pin does not rest upon the primer of the
cartridge.
(2) It does not meet the firing requirement for
handguns pursuant to Section 12127.
(3) It does not meet the drop safety require-
ment for handguns pursuant to Section 12128.
(b) For a pistol:
(1) It does not have a positive manually oper-
ated safety device, as determined by standards
relating to imported guns promulgated by the
federal Bureau of Alcohol, Tobacco, and Fire-
arms.
(2) It does not meet the firing requirement for
handguns pursuant to Section 12127.
(3) It does not meet the drop safety require-
ment for handguns pursuant to Section 12128.
(4) Commencing January 1, 2006, for a cen-
terfire semiautomatic pistol that is not already
listed on the roster pursuant to Section 12131, it
does not have either a chamber load indicator,
or a magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all cen-
ter fire semiautomatic pistols that are not al-
ready listed on the roster pursuant to Section
12131, it does not have both a chamber load in-
dicator and if it has a detachable magazine, a
magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rim -
fire semiautomatic pistols that are not already
listed on the roster pursuant to Section 12131, it
does not have a magazine disconnect mecha-
nism, if it has a detachable magazine.
(7) Commencing January 1, 2010, for all
semiautomatic pistols that are not already listed
on the roster pursuant to section 12131, it is not
designed and equipped with a microscopic array
of characters that identify the make, model, and
serial number of the pistol, etched or otherwise
imprinted in two or more places on the interior
surface or internal working parts of the pistol,
and that are transferred by imprinting on each
cartridge case when the firearm is fired,
provided that the Department of Justice certifies
that the technology used to create the imprint is
available to more than one manufacturer
unencumbered by any patent restrictions. The
Attorney General may also approve a method of
equal or greater reliability and effectiveness in
identifying the specific serial number of a firearm
from spent cartridge casings discharged by that
Page 45
firearm than that which is set forth in this
paragraph, to be thereafter required as
otherwise set forth by this paragraph where the
Attorney General certifies that this new method
is also unencumbered by any patent restrictions.
Approval by the Attorney General shall include
notice of that fact via regulations adopted by the
Attorney General for purposes of implementing
that method for purposes of this paragraph. The
microscopic array of characters required by this
section shall not be considered the name of the
maker, model, manufacturer's number, or other
mark of identification, including any
distinguishing number or mark assigned by the
Department of Justice, within the meaning of
Sections 12090 and 12094.
(c) As used in this section, a "chamber load
indicator" means a device that plainly indicates
that a cartridge is in the firing chamber. A device
satisfies this definition if it is readily visible, has
incorporated or adjacent explanatory text or
graphics, or both, and is designed and Intended
to indicate to a reasonably foreseeable adult us-
er of the pistol, without requiring the user to refer
to a user's manual or any other resource other
than the pistol itself, whether a cartridge is in the
firing chamber.
(d) As used in this section, a "magazine dis-
connect mechanism" means a mechanism that
prevents a semiautomatic pistol that has a de-
tachable magazine from operating to strike the
primer of ammunition in the firing chamber when
a detachable magazine is not inserted in the
semiautomatic pistol.
(e) As used In this section, a "semiautomatic
pistol" means a pistol, as defined in subdivision
(a) of Section 12001, the operating mode of
which uses the energy of the explosive in a fixed
cartridge to extract a fired cartridge and cham-
ber a fresh cartridge with each single pull of the
trigger.
12127. "Firing requirement for handguns"
defined
(a) As used in this chapter, the "firing
requirement for handguns" means a test in
which the manufacturer provides three
handguns of the make and model for which
certification is sought to an independent testing
laboratory certified by the Attorney General
pursuant to Section 12130. These handguns
may not be refined or modified in any way from
those that would be made available for retail
sale if certification is granted. The magazines of
a tested pistol shall be identical to those that
would be provided with the pistol to a retail
customer. The laboratory shall fire 600 rounds
from each gun, stopping after each series of 50
rounds has been fired for 5 to 10 minutes to
allow the weapon to cool, stopping after each
series of 100 rounds has been fired to tighten
any loose screws and clean the gun in
accordance with the manufacturer's instructions,
and stopping as needed to refill the empty
magazine or cylinder to capacity before
continuing. The ammunition used shall be of the
type recommended by the handgun
manufacturer in the user manual, or if none is
recommended, any standard ammunition of the
correct caliber in new condition that is
commercially available. A handgun shall pass
this test if each of the three test guns meets both
of the following:
(1) Fires the first 20 rounds without a
malfunction that is not due to ammunition that
fails to detonate.
(2) Fires the full 600 rounds with no more than
six malfunctions that are not due to ammunition
that fails to detonate and without any crack or
breakage of an operating part of the handgun
that in creases the risk of injury to the user.
(b) If a pistol or revolver fails the requirements
of either paragraph (1) or (2) of subdivision (a)
due to ammunition that fails to detonate, the
pistol or revolver shall be retested from the
beginning of the "firing requirement for
handguns" test. A new model of the pistol or
revolver that failed due to ammunition that fails
to detonate may be submitted for the test to
replace the pistol or revolver that failed.
(c) As used in this section, "malfunction"
means a failure to properly feed, fire, or eject a
round, or failure of a pistol to accept or eject the
magazine, or failure of a pistol's slide to remain
open after the magazine has been expended.
12128. "Drop safety requirement for
handguns" defined
As used In this chapter, the "drop safety
requirement for handguns" means that at the
conclusion of the firing requirements for
handguns described in Section 12127, the same
certified independent testing laboratory shall
subject the same three handguns of the make
and model for which certification is sought, to
the following test:
A primed case (no powder or projectile) shall
be inserted into the chamber. For pistols, the
slide shall be released, allowing it to move
forward under the impetus of the recoil spring,
and an empty magazine shall be inserted. For
both pistols and revolvers, the weapon shall be
placed in a drop fixture capable of dropping the
pistol from a drop height of 1 m + 1 cm (39.4 +
0.4 in.) onto the largest side of a slab of solid
concrete having minimum dimensions of 7.5 x
15 x 15 cm (3 x 6 x 6 in.). The drop distance
shall be measured from the lowermost portion of
the weapon to the top surface of the slab. The
weapon shall be dropped from a fixture and not
from the hand. The weapon shall be dropped in
the condition that it would be in if it were
dropped from a hand (cocked with no manual
safety applied). If the design of a pistol is such
that upon leaving the hand a "safety" is
automatically applied by the pistol, this feature
shall not be defeated. An approved drop fixture
is a short piece of string with the weapon
attached at one end and the other end held in an
air vise until the drop is initiated.
The following six drops shall be performed:
(a) Normal firing position with barrel
horizontal.
(b) Upside down with barrel horizontal.
(c) On grip with barrel vertical.
(d) On muzzle with barrel vertical.
(e) On either side with barrel horizontal.
(f) If there is an exposed hammer or striker,
on the rearmost point of that device, otherwise
on the rearmost point of the weapon.
The primer shall be examined for indentations
after each drop. If indentations are present, a
fresh primed case shall be used for the next
drop.
The handgun shall pass this test if each of the
three test guns does not fire the primer.
12129. Certification
Every person who is licensed as a
manufacturer of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the
United States Code who manufactures firearms
in this state, and every person who imports into
the state for sale, keeps for sale, or offers or
exposes for sale any firearm, shall certify under
penalty of perjury and any other remedy
provided by law that every model, kind, class,
style, or type of pistol, revolver, or other firearm
capable of being concealed upon the person
that he or she manufactures or imports, keeps,
or exposes for sale is not an unsafe handgun as
prohibited by this chapter.
12130. Testing of pistols, revolvers or
other firearms; approval for sale; center -fire
or rimfire semiautomatic pistols
(a) Any pistol, revolver, or other firearm cap-
able of being concealed upon the person manu-
factured in this state, imported into the state for
sale, kept for sale, or offered or exposed for
sale, shall be tested within a reasonable period
of time by an independent laboratory certified
pursuant to subdivision (b) to determine whether
that pistol, revolver, or other firearm capable of
being concealed upon the person meets or ex-
ceeds the standards defined in Section 12126.
(b) On or before October 1, 2000, the Depart-
ment of Justice shall certify laboratories to verify
compliance with the standards defined in Sec-
tion 12126. The department may charge any
laboratory that is seeking certification to test any
pistol, revolver, or other firearm capable of being
concealed upon the person pursuant to this
chapter a fee not exceeding the costs of cer-
tification.
(c) The certified testing laboratory shall, at the
manufacturer's or importer's expense, test the
firearm and submit a copy of the final test report
directly to the Department of Justice along with a
prototype of the weapon to be retained by thg
department. The department shall notify the
manufacturer or importer of its receipt of the final
test report and the department's determination
as to whether the firearm tested may be sold in
this state.
(d)(1) Commencing January 1, 2006, no cen-
ter -fire semiautomatic pistol may be submitted
for testing pursuant to this chapter if it does not
have either a chamber load indicator as defined
in subdivision (c) of Section 12126, or a maga-
zine disconnect mechanism as defined in subdi-
vision (d) of Section 12126 if it has a detachable
magazine.
(2) Commencing January 1, 2007, no center -
fire semiautomatic pistol may be submitted for
testing pursuant to this chapter if it does not
have both a chamber load indicator as defined in
subdivision (c) of Section 12126 and a magazine
disconnect mechanism as defined in subdivision
(d) of Section 12126.
(3) Commencing January 1, 2006, no rimfire
semiautomatic pistol may be submitted for test-
ing pursuant to this chapter if it has a detachable
magazine, and does not have a magazine dis-
connect mechanism as defined in subdivision (d)
of Section 12126.
12131. Roster of approved firearms;
exclusions; transfer; retesting
(a) On and after January 1, 2001, the Depart-
ment of Justice shall compile, publish, and
thereafter maintain a roster listing all of the pis-
tols, revolvers, and other firearms capable of be-
ing concealed upon the person that have been
tested by a certified testing laboratory, have
been determined not to be unsafe handguns,
and may be sold in this state pursuant to this
title. The roster shall list, for each firearm, the
manufacturer, model number, and model name.
(b)(1) The department may charge every per-
son in this state who is licensed as a manufac-
turer of firearms pursuant to Chapter 44 (com-
mencing with Section 921) of Title 18 of the
United States Code, and any person In this state
who manufactures or causes to be manufac-
tured, imports into the state for sale, keeps for
sale, or offers or exposes for sale any pistol, re-
volver, or other firearm capable of being con-
cealed upon the person in this state, an annual
Page 46
fee not exceeding the costs of preparing, pub-
lishing, and maintaining the roster pursuant to
subdivision (a) and the costs of research and
development, report analysis, firearms storage,
and other program infrastructure costs neces-
sary to implement this chapter.
(2) Any pistol, revolver, or other firearm cap-
able of being concealed upon the person that is
manufactured by a manufacturer who manufac-
tures or causes to be manufactured, imports into
the state for sale, keeps for sale, or offers or ex-
poses for sale any pistol, revolver, or other fire-
arm capable of being concealed upon the per-
son in this state, and who fails to pay any fee re-
quired pursuant to paragraph (1), may be ex-
cluded from the roster.
(3) If a purchaser has initiated a transfer of a
handgun that is listed on the roster as not
unsafe, and prior to the completion of the
transfer, the handgun is removed from the roster
of not unsafe handguns because of failure to
pay the fee required to keep that handgun listed
on the roster, the handgun shall be deliverable
to the purchaser if the purchaser is not
otherwise prohibited from purchasing or
possessing the handgun. However, if a
purchaser has initiated a transfer of a handgun
that is listed on the roster as not unsafe, and
prior to the completion of the transfer, the
handgun is removed from the roster pursuant to
subdivision (f), the handgun shall not be
deliverable to the purchaser.
(c) The Attorney General may annually retest
up to 5 percent of the handgun models that are
listed on the roster described in subdivision (a).
(d) The retesting of a handgun model pursu-
ant to subdivision (c) shall conform to the follow-
ing:
(1) The Attorney General shall obtain from re-
tail or wholesale sources, or both, three samples
of the handgun model to be retested.
(2) The Attorney General shall select the cer-
tified laboratory to be used for the retesting.
(3) The ammunition used for the retesting
shall be of a type recommended by the manu-
facturer in the user manual for the handgun. If
the user manual for the handgun model makes
no ammunition recommendation, the Attorney
General shall select the ammunition to be used
for the retesting. The ammunition shall be of the
proper caliber for the handgun, commercially
available, and in new condition.
(e) The retest shall be conducted in the same
manner as the testing prescribed in Sections
12127 and 12128.
(f) If the handgun model fails retesting, the At-
tomey General shall remove the handgun model
from the roster maintained pursuant to subdivi-
sion (a).
(g) A handgun model removed from the roster
pursuant to subdivision (f) may be reinstated on
the roster if all of the following are met:
(1) The manufacturer petitions the Attorney
General for reinstatement of the handgun model.
(2) The manufacturer pays the Department of
Justice for all of the costs related to the rein-
statement testing of the handgun model, includ-
ing the purchase price of the handguns, prior to
reinstatement testing.
(3) The reinstatement testing of the handguns
shall be in accordance with subdivisions (d) and
(e).
(4) The three handgun samples shall be
tested only once for reinstatement. If the sample
fails it may not be retested.
(5) If the handgun model successfully passes
testing for reinstatement, and if the manufacturer
of the handgun is otherwise in compliance with
this chapter, the Attorney General shall reinstate
the handgun model on the roster maintained
pursuant to subdivision (a).
(6) The manufacturer shall provide the Attor-
ney General with the complete testing history for
the handgun model.
(7) Notwithstanding subdivision (c), the Attor-
ney General may, at any time, further retest any
handgun model that has been reinstated to the
roster.
12131.5. Similar firerms
(a) A firearm shall be deemed to satisfy the
requirements of subdivision (a) of Section 12131
if another firearm made by the same manufac-
turer is already listed and the unlisted firearm
differs from the listed firearm only in one or more
of the following features:
(1) Finish, including, but not limited to, bluing,
chrome - plating, oiling, or engraving.
(2) The material from which the grips are
made.
(3) The shape or texture of the grips, so long
as the difference in grip shape or texture does
not in any way alter the dimensions, material,
linkage, or functioning of the magazine well, the
barrel, the chamber, or any of the components
of the firing mechanism of the firearm.
(4) Any other purely cosmetic feature that
does not in any way alter the dimensions, mate-
rial, linkage, or functioning of the magazine well,
the barrel, the chamber, or any of the compon-
ents of the firing mechanism of the firearm.
(b) Any manufacturer seeking to have a fire-
arm listed under this section shall provide to the
Department of Justice all of the following:
(1) The model designation of the listed fire-
arm.
(2) The model designation of each firearm
that the manufacturer seeks to have listed under
this section.
(3) A statement, under oath, that each un-
listed firearm for which listing is sought differs
from the listed firearm only in one or more of the
ways identified in subdivision (a) and is in all
other respects identical to the listed firearm.
(c) The department may, in its discretion and
at any time, require a manufacturer to provide to
the department any model for which listing is
sought under this section, to determine whether
the model complies with the requirements of this
section.
12132. Matters to which the chapter does
not apply
This chapter shall not apply to any of the
following:
(a) The sale, loan, or transfer of any firearm
pursuant to Section 12082 in order to comply
with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm
that is exempt from the provisions of subdivision
(d) of Section 12072 pursuant to any applicable
exemption contained in Section 12078, if the
sale, loan, or transfer complies with the require-
ments of that applicable exemption to subdivi-
sion (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm
as described in paragraph (3) of subdivision (b)
of Section 12125.
(d) The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the
person to a person licensed pursuant to Section
12071 for the purposes of the service or repair
of that firearm.
(e) The return of a pistol, revolver, or other
firearm capable of being concealed upon the
person by a person licensed pursuant to Section
12071 to its owner where that firearm was initial-
ly delivered in the circumstance set forth in sub-
divisions (a), (d), (f) or Q).
(f) The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the
person to a person licensed pursuant to Section
12071 for the purpose of a consignment sale or
as collateral for a pawnbroker loan.
(g) The sale, loan, or transfer of any pistol, re-
volver, or other firearm capable of being con-
cealed upon the person listed as a curio or relic,
as defined in Section 178.11 of the Code of Fed-
eral Regulations.
(h)(1) The Legislature finds a significant pub-
lic purpose in exempting pistols that are de-
signed expressly for use in Olympic target
shooting events. Therefore, those pistols that
are sanctioned by the International Olympic
Committee and by USA Shooting, the national
governing body for international shooting com-
petition in the United States, and that are used
for Olympic target shooting purposes at the time
that the act adding this subdivision is enacted,
and that fall within the definition of "unsafe hand-
gun" pursuant to paragraph (3) of subdivision (b)
of Section 12126 shall be exempt, as provided in
paragraphs (2) and (3).
(2) This chapter shall not apply to any of the
following pistols, because they are consistent
with the significant public purpose expressed in
paragraph (1):
MANUFACTURER MODEL CALIBER
ANSCHUTZ FP .22LR
BENELLI MP90 .22LR
BENELLI MP90 .32 S &W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S &W LONG
DRULOV FP .22LR
GREEN ELECTROARM .22LR
HAMMERLI 100 22LR
HAMMERLI 101 .22LR
HAMMERLI 102 .22LR
HAMMERLI 162 :22LR
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S &W LONG
HAMMERLI FP10 .22LR
HAMMERLI MP33 .22LR
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S &W LONG
MORINI CM102E .22LR
MORINI 22M .22LR
MORINI 32M .32 S &W LONG
MORINI CM80 .22LR
PARDINI GP .22 SHORT
PARDINI GPO .22 SHORT
PARDINI GP- SCHUMANN .22 SHORT
PARDINI HP .32 S &W LONG
PARDINI K22 .22LR
PARDINI MP .32 S &W LONG
PARDINI PGP75 .22LR
PARDINI SP .22LR
PARDINI SPE .22LR
SAKO FINMASTER .22LR
STEYR FP .22LR
VOSTOK IZH NO. 1 .22LR
VOSTOK MU55 .22LR
VOSTOK TOZ35 .22LR
WALTHER FP .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S &W LONG
WALTHER OSP .22 SHORT
WALTHER OSP -2000 .22 SHORT
(3) The department shall create a program
that is consistent with the purpose stated in par-
agraph (1) to exempt new models of competitive
firearms from this chapter. The exempt competi-
tive firearms may be based on recommenda-
tions by USA Shooting consistent with the regu-
lations contained in the USA Shooting Official
Page 47
Rules or may be based on the recommendation
or rules of any other organization that the de-
partment deems relevant.
(1) The sale, loan, or transfer of any semiauto-
matic pistol that is to be used solely as a prop
during the course of a motion picture, television,
or video production by an authorized participant
therein in the course of making that production
or event or by an authorized employee or agent
of the entity producing that production or event.
0) The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the
person to a person licensed pursuant to Section
12071 where the firearm Is being loaned by the
licensee to a consultant - evaluator.
(k) The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the
person by a person licensed pursuant to Section
12071 where the firearm is being loaned by the
licensee to a consultant - evaluator.
(1) The return of a pistol, revolver, or other
firearm capable of being concealed upon the
person to a person licensed pursuant to Section
12071 where it was initially delivered pursuant to
subdivision (k).
12133. single- action revolvers; single -shot
pistols; exclusion from chapter
(a) The provisions of this chapter shall not
apply to a single- action revolver that has at least
a 5- cartridge capacity with a barrel length of not
less than three inches, and meets any of the
following specifications:
(1) Was originally manufactured prior to 1900
and is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regu-
lations.
(2) Has an overall length measured parallel to
the barrel of at least 7 1/2 inches when the han-
dle, frame or receiver, and barrel are assem-
bled.
(3) Has an overall length measured parallel to
the barrel of at least 7 1/2 inches when the han-
dle, frame or receiver, and barrel are assembled
and that is currently approved for importation
into the United States pursuant to the provisions
of paragraph (3) of subsection (d) of Section 925
of Title 18 of the United States Code.
(b) The provisions of this chapter shall not
apply to a single -shot pistol with a barrel length
of not less than six inches and that has an
overall length of at least 101/2 inches when the
handle, frame or receiver, and barrel are
assembled.
Chapter 2. Machineguns
Article 1. General Provisions
12200. Definition The term "machinegun" as
used in this chapter means any weapon which
shoots, is designed to shoot, or can readily be
restored to shoot, automatically, more than one
shot, without manual reloading, by a single func-
tion of the trigger. The term shall also include
the frame or receiver of any such weapon, any
part designed and intended solely and exclu-
sively, or combination of parts designed and in-
tended, for use in converting a weapon into a
machinegun, and any combination of parts from
which a machinegun can be assembled if such
parts are in the possession or under the control
of a person. The term also includes any weapon
deemed by the federal Bureau of Alcohol, To-
bacco, and Firearms as readily convertible to a
machinegun under Chapter 53 (commencing
with Section 5801) of Title 26 of the United
States Code.
12201. Exceptions
Nothing in this chapter shall affect or apply to
any of the following:
(a) The sale to, purchase by, or possession of
machineguns by police departments, sheriffs' of-
fices, marshals' offices, district attorneys' offices,
the California Highway Patrol, the Department of
Justice, the Department of Corrections for use
by the department's Special Emergency Re-
sponse Teams and Law Enforcement Liaison/
Investigations Unit, or the military or naval forces
of this state or of the United States for use in the
discharge of their official duties, provided, how-
ever, that any sale to these entities be trans-
acted by a person who is permitted pursuant to
Section 12230 and licensed pursuant to Section
12250.
(b) The possession of machineguns by regu-
lar, salaried, full -time peace officer members of
a police department, sheriffs office, marshal's
office, district attorney's office, the California
Highway Patrol, the Department of Justice, or
the Department of Corrections for use by the
department's Special Emergency Response
Teams and Law Enforcement Liaison/] nvestiga-
tions Unit when on duty and if the use is within
the scope of their duties.
Article 2. Unlawful Possession of Machine
Guns
12220. Unauthorized possession,
transportation, manufacture or sale;
punishment
(a) Any person, firm, or corporation, who with-
in this state possesses or knowingly transports a
machinegun, except as authorized by this chap-
ter, is guilty of a public offense and upon convic-
tion thereof shall be punished by imprisonment
in the state prison, or by a fine not to exceed ten
thousand dollars ($10,000), or by both such fine
and imprisonment.
(b) Any person, firm, or corporation who with-
in this state intentionally converts a firearm into
a machinegun, or who sells, or offers for sale, or
knowingly manufactures a machinegun, except
as authorized by this chapter, is punishable by
imprisonment in the state prison for four, six, or
eight years.
Article 3. Permits
12230. Authority to issue; showing
necessary
The Department of Justice may issue permits
for the possession, manufacture, and trans-
portation or possession, manufacture, or trans-
portation of machineguns, upon a satisfactory
showing that good cause exists for the issuance
thereof to the applicant for the permit, but no
permit shall be issued to a person who is under
18 years of age.
12231. Applications; contents; uniformity;
fees; renewal
Applications for permits shall be filed in
writing, signed by the applicant if an individual,
or by a member or officer qualified to sign if the
applicant is a firm or corporation, and shall state
the name, business in which engaged, business
address and a full description of the use to
which the firearms are to be put.
Applications and permits shall be uniform
throughout the state on forms prescribed by the
Department of Justice.
Each applicant for a permit shall pay at the
time of filing his or her application a fee deter-
mined by the Department of Justice not to ex-
ceed the application processing costs of the De-
partment 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 pay-
ment 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 pro-
cessing costs, fees charged shall increase at a
rate not to exceed the legislatively approved
annual cost -of- living adjustments for the depart-
ment's budget.
12232. Keeping andinspection of permit
Every person, firm or corporation to whom a
permit is issued shall keep it on his person or at
the place where the firearms are kept. The per-
mit shall be open to inspection by any peace
officer or any other person designated by the au-
thority issuing the permit.
12233. Revocation; grounds
Permits issued in accordance with this
chapter may be revoked by the issuing authority
at any time when it appears that the need for the
firearms has ceased or that the holder of the
permit has used the firearms for purposes other
than those allowed by the permit or that the
holder of the permit has not exercised great care
in retaining custody of any weapons possessed
under the permit.
12234. Annual inspection for security and
safe storage, and to reconcile inventory (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 in-
spection for security and safe storage purposes,
and to reconcile the inventory of machine guns.
(b) A person, firm, or corporation with an in-
ventory of fewer than five devices that require
any Department of Justice permit shall be sub-
ject to an inspection for security and safe stor-
age purposes, and to reconcile inventory, once
every five years, or more frequently if deter-
mined by the department.
Article 4. Licenses to Sell Machineguns
12250. Authority to Grant license;
revocation; business regulations;
application; Fees; renewal
(a) The Department of Justice may grant li-
censes in a form to be prescribed by it effective
for not more than one year from the date of issu-
ance, to permit the sale at the place specified in
the license of machineguns subject to all of the
following conditions, upon breach of any of
which the license shall be revoked:
(1) The business shall be carried on only in
the place designated in the license.
(2) The license or a certified copy thereof
must be displayed on the premises in a place
where it may easily be read.
(3) No machinegun shall be delivered to any
person not authorized to receive the same under
the provisions of this chapter.
(4) A complete record must be kept of sales
made under the authority of the license, showing
the name and address of the purchaser, the de-
scriptions and serial numbers of the weapons
purchased, the number and date of issue of the
purchaser's permit, If any, and the signature of
the purchaser or purchasing agent. This record
shall be open to the inspection of any peace
officer or other person designated by the Attor-
ney General.
(b) Applications for licenses shall be filed in
writing, signed by the applicant if an individual or
by a member or officer qualified to sign if the ap-
plicant is a firm or corporation, and shall state
Page 48
the name, business in which engaged, business
address and a full description of the use to
which the firearms are to be put.
Applications and licenses shall be uniform
throughout the state on forms prescribed by the
Department of Justice.
Each applicant for a license shall pay at the
time of filing his or her application a fee deter-
mined by the Department of Justice not to ex-
ceed the application processing costs of the De-
partment of Justice. A license granted pursuant
to this article may be renewed one year from the
date of issuance, and annually thereafter, upon
the filing of a renewal application and the pay-
ment of a license renewal fee not to exceed the
application processing costs of the Department
of Justice. After the department establishes fees
sufficient to reimburse the department for pro-
cessing costs, fees charged shall increase at a
rate not to exceed the legislatively approved
annual cost -of- living adjustments for the depart-
ment's budget.
12251. Unlawful possession of
machinegun; injunction; destruction
It shall be a public nuisance to possess any
machinegun in violation of this chapter, and the
Attorney General, any district attorney or any
city attorney may bring an action before the
superior court to enjoin the possession of any
such machinegun.
Any such machinegun found to be in violation
of this chapter shall be surrendered to the De-
partment of Justice, and the department shall
destroy such machinegun so as to render it un-
usable and unrepairable as a machinegun, ex-
cept upon the filing of a certificate with the de-
partment by a judge or district attorney stating
that the preservation of such machinegun is
necessary to serve the ends ofjustice.
Chapter 2.3. Roberti -Roos Assault Weapons
Control Act of 1989
Article 1. General Provisions
12275. Short title This chapter shall be
known as the Roberti -Roos Assault Weapons
Control Act of 1989 and the .50 Caliber BMG
Regulation Act of 2004.
12275.5. Legislative findings and declara-
tions
(a) The Legislature hereby finds and declares
that the proliferation and use of assault weapons
poses a threat to the health, safety, and security
of all citizens of this state. The Legislature has
restricted the assault weapons specified in Sec-
tion 12276 based upon finding that each firearm
has such a high rate of fire and capacity for fire-
power that its function as a legitimate sports or
recreational firearm is substantially outweighed
by the danger that it can be used to kill and in-
jure human beings. It is the intent of the Legisla-
ture in enacting this chapter to place restrictions
on the use of assault weapons and to establish
a registration and permit procedure for their law-
ful sale and possession, It is not, however, the
intent of the Legislature by this chapter to place
restrictions on the use of those weapons which
are primarily designed and intended for hunting,
target practice, or other legitimate sports or rec-
reational activities.
(b) The Legislature hereby finds and declares
that the proliferation and use of .50 BMG rifles,
as defined In Section 12278, poses a clear and
present terrorist threat to the health, safety, and
security of all residents of, and visitors to, this
state, based upon findings that those firearms
have such a high capacity for long distance and
highly destructive firepower that they pose an
unacceptable risk to the death and serious injury
of human beings, destruction or serious damage
of vital public and private buildings, civilian, po-
lice and military vehicles, power generation and
transmission facilities, petrochemical production
and storage facilities, and transportation infra-
structure. It is the intent of the Legislature in en-
acting this chapter to place restrictions on the
use of these rifles and to establish a registration
and permit procedure for their lawful sale and
possession.
12276. Assault Weapon As used in this
chapter, "assault weapon" shall mean the follow-
ing designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to,
the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47,
AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR -70.
(4) CETME Sporter.
(5) Colt AR -15 series.
(6) Daewoo K -1, K -2, Max 1, Max 2, AR 100,
and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308
Match, and Sporter.
(8) MAS 223.
(9) HK -91, HK -93, HK -94, and HK- PSG -1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE -57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR -48.
(14) Sterling MK -6.
(15) Steyer AUG.
(16) Valmet M62S, M71 S, and M78S.
(17) Armalite AR -180.
(18) Bushmaster Assault Rifle.
(19) Calico M -900.
(20) J &R ENG M -68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP -9 and MP -45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M -11.
(C) Advance Armament Inc. M -11.
(D) Military Armament Corp. Ingram M -11.
(4) Intratec TEC -9.
(5) Sites Spectre.
(6) Sterling MK -7.
(7) Calico M -950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc, SS /12.
(d) Any firearm declared by the court pursuant
to Section 12276.5 to be an assault weapon that
is specified as an assault weapon in a list prom-
ulgated pursuant to Section 12276.5.
(e) The term "series" includes all other models
that are only variations, with minor differences,
of those models listed in subdivision (a), regard-
less of the manufacturer.
(f) This section is declaratory of existing law,
as amended, and a clarification of the law and
the Legislature's intent which bans the weapons
enumerated in this section, the weapons in-
cluded in the list promulgated by the Attorney
General pursuant to Section 12276.5, and any
other models which are only variations of those
weapons with minor differences, regardless of
the manufacturer. The Legislature has defined
assault weapons as the types, series, and
models listed in this section because it was the
most effective way to identify and restrict a
specific class of semiautomatic weapons.
12276.1. Assault weapon; Further
definition
(a) Notwithstanding Section 12276, "assault
weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has
the capacity to accept a detachable magazine
and any one of the following:
(A) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a
fixed magazine with the capacity to accept more
than 10 rounds.
(3) A semiautomatic, centerfire rifle that has
an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capac-
ity to accept a detachable magazine and any
one of the following:
(A) A threaded barrel, capable of accepting a
flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or
completely encircles, the barrel that allows the
bearer to fire the weapon without burning his or
her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable mag-
azine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed maga-
zine that has the capacity to accept more than
10 rounds.
(6) A semiautomatic shotgun that has both of
the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously
beneath the action of the weapon, thumbhole
stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the
ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) The Legislature finds a significant public
purpose in exempting pistols that are designed
expressly for use in Olympic target shooting
events. Therefore, those pistols that are sanc-
tioned by the International Olympic Committee
and by USA Shooting, the national governing
body for international shooting competition in the
United States, and that are used for Olympic tar-
get shooting purposes at the time the act adding
this subdivision is enacted, and that would other-
wise fall within the definition of "assault weapon"
pursuant to this section are exempt, as provided
in subdivision (c).
(c) "Assault weapon" does not include either
of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they
are consistent with the significant public purpose
expressed in subdivision (b):
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S &W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S &W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S &W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S &W LONG
Page 49
PARDINI GPO .22 SHORT
PARDINI GP- SCHUMANN 22 SHORT
PARDINI HP .32 S &W LONG
PARDINI MP .32 S &W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S &W LONG
WALTHER OSP .22 SHORT
WALTHER OSP -2000 .22 SHORT
(3) The Department of Justice shall create a
program that is consistent with the purposes
stated In subdivision (b) to exempt new models
of competitive pistols that would otherwise fall
within the definition of "assault weapon" pursu-
ant to this section from being classified as an as-
sault weapon. The exempt competitive pistols
may be based on recommendations by USA
Shooting consistent with the regulations con-
tained in the USA Shooting Official Rules or may
be based on the recommendation or rules of any
other organization that the department deems
relevant.
(d) The following definitions shall apply under
this section:
(1) "Magazine" shall mean any ammunition
feeding device.
(2) "Capacity to accept more than 10 rounds"
shall mean capable of accommodating more
than 10 rounds, but shall not be construed to in-
clude a feeding device that has been perma-
nently altered so that it cannot accommodate
more than 10 rounds.
(3) "Antique firearm" means any firearm man-
ufactured prior to January 1, 1899.
(e) This section shall become operative Jan-
uary 1, 2000.
12276.5. Preparation and distribution of
description of assault weapons; list of
firearms designated as assault weapons;
regulations
(a) The Attorney General shall prepare a
description for identification purposes, including
a picture or diagram, of each assault weapon
listed in Section 12276, and any firearm
declared to be an assault weapon pursuant to
this section, and shall distribute the description
to all law enforcement agencies responsible for
enforcement of this chapter. Those law
enforcement agencies shall make the
description available to all agency personnel.
(b)(1) Until January 1, 2007, the Attorney
General shall promulgate a list that specifies all
firearms designated as assault weapons in
Section 12276 or declared to be assault
weapons pursuant to this section. The Attorney
General shall file that list with the Secretary of
State for publication in the California Code of
Regulations. Any declaration that a specified
firearm is an assault weapon shall be
implemented by the Attorney General who,
within 90 days, shall promulgate an amended list
which shall include the specified firearm
declared to be an assault weapon. The Attorney
General shall file the amended list with the
Secretary of State for publication in the
California Code of Regulations. Any firearm
declared to be an assault weapon prior to
January 1, 2007, shall remain on the list filed
with the Secretary of State.
(2) Chapter 3.5 (commencing with Section
11340) of Division 3 of Title 2 of the Government
Code, pertaining to the adoption of rules and
regulations, shall not apply to any list of assault
weapons promulgated pursuant to this section.
(c) The Attorney General shall adopt those
rules and regulations that may be necessary or
proper to carry out the purposes and intent of
this chapter.
12277. Person As used in this chapter,
"person" means an individual, partnership,
corporation, limited liability company,
association, or any other group or entity,
regardless of how it was created.
12278. Definitions; .50 BMG rifle or
cartridge
(a) As used in this chapter, a ".50 BMG rifle"
means a center fire rifle that can fire a .50 BMG
cartridge and is not already an assault weapon
pursuant to Section 12276, 12276. 1, or 12276.5,
or a machinegun, as defined in Section 12200.
(b) As used in this chapter, a ".50 BMG cart-
ridge" means a cartridge that is designed and in-
tended to be fired from a center fire rifle and that
meets all of the following criteria:
(1) It has an overall length of 5.54 inches from
the base to the tip of the bullet.
(2) The bullet diameter for the cartridge is
from .510 to, and including, .511 inch.
(3) The case base diameter for the cartridge
is from .800 inch to, and including, .804 inch.
(4) The cartridge case length is 3.91 inches.
(c) A ".50 BMG rifle" does not include any
"antique firearm," nor any curio or relic as de-
fined in Section 178.11 of Title 27 of the Code of
Federal Regulations.
(d) As used in this section, "antique firearm"
means any firearm manufactured prior to
January 1, 1899.
Article 2. Unlawful Activities
12280. Manufacture, distribution,
transportation, importation, sale, possession
or lending of assault weapon or .50 BMG
rifle; punishment; commission of other
crime; exceptions
(a)(1) Any person who, within this state, man-
ufactures or causes to be manufactured, distrib-
utes, 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 punish-
ment imposed under paragraph (1), any person
who transfers, lends, sells, or gives any assault
weapon or any .50 BMG rifle to a minor in viola-
tion of paragraph (1) shall receive an enhance-
ment 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, pos-
sesses 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 con-
victed 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 es-
tablished pursuant to subdivision (a) of Section
12285.
(4) The person relinquished the firearm pursu-
ant to Section 12288, in which case the assault
weapon shall be destroyed pursuant to Section
12028.
(c) Any person who, within this state, pos-
sesses 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 con-
victed 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 es-
tablished pursuant to subdivision (a) of Section
12285.
(4) Firearms seized pursuant to this subdivi-
sion 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 para-
graphs (1), (2), and (3) shall be destroyed pursu-
ant to Section 12028.
(d) Notwithstanding Section 654 or any other
provision of law, any person who commits an-
other crime while violating this section may re-
ceive an additional, consecutive punishment of
one year for violating this section in addition and
consecutive to the punishment, including en-
hancements, which is prescribed for the other
crime.
(e) Subdivisions (a), (b), and (c) shall not ap-
ply to the sale to, purchase by, importation of, or
possession of assault weapons or a .50 BMG
rifle by the Department of Justice, police depart-
ments, 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 prohib-
it 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 pro-
hibit the delivery, transfer, or sale of an assault
weapon or a .50 BMG dfle to, or the possession
of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency speci-
fied in subdivision (e), if the peace officer is
authorized by his or her employer to possess or
Page 50
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 pos-
sesses or receives the assault weapon prior to
January 1, 2002, the officer shall register the as-
sault weapon pursuant to Section 12285 on or
before April 1, 2002; in the case of a peace offi-
cer 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 pos-
session 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 re-
ceives 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 enforce-
ment 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 pos-
session of an assault weapon during the 90 -day
period immediately after the date it was speci-
fied 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 pursu-
ant 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 particu-
lar assault weapon prior to the date it was speci-
fied 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 ap-
ply to the manufacture by persons who are is-
sued permits pursuant to Section 12287 of as-
sault weapons or .50 BMG rifles for sale to the
following:
(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been is-
sued permits pursuant to Section 12286 or
12287.
(3) Entities outside the state who have, in ef-
fect, 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 ap-
proved 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 subdivi-
sion (f) that is disposed of as authorized by the
probate court, if the disposition is otherwise per-
mitted by this chapter.
Q) 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 para-
graph (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 fol-
lowing 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 prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm.
(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 weap-
on or .50 BMG rifle.
(C) The assault weapon or .50 BMG rifle is
possessed at any of the following locations:
(1) While on a target range that holds a regula-
tory or business license for the purpose of pract-
icing 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 pur-
suant to paragraph (1),
(1) 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 weap-
on or .50 BMG rifle is lent pursuant to subdivi-
sion (k).
(m) Subdivisions (a), (b), and (c) shall not ap-
ply to the possession and importation of an as-
sault 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 pos-
sessing 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 Sec-
tion 12286 or 12287.
(2) A person who has a permit to possess an
assault weapon or a .50 BMG rifle issued pursu-
ant 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 ap-
ply to any of the following persons:
(1) A person acting in accordance with Sec-
tion 12285.
(2) A person acting in accordance with Sec-
tion 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 accord-
ance with subdivision (c) of Section 12285.
(q) Subdivision (a) shall not apply to the im-
portation 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 ac-
cordance 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 pos-
session 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 ap-
ply to the sale of assault weapons or .50 BMG
rifles by persons who are issued permits pursu-
ant to Section 12287 to any of the following:
(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been is-
sued 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 ap-
proved 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 follow-
ing:
(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.
[Publisher's Note: 2003 Cal. Stat. 499 (SB
238), §6.5 provides: "It is the intent of the Legis-
lature in amending Section 12280 of the Penal
Code to delete the exemption allowing retired
peace officers to obtain an assault weapon from
their employing agency upon retirement. These
Page 51
amendments are intended to make Section
12280 of the Penal Code consistent with the
holding in Silveira v. Lockyer (2003) 312 F.3d
1052 by the Ninth Circuit Court of Appeals,
which held that exemption to be unconstitution-
al. The amendments deleting the exemption are
therefore declaratory of existing law. "]
12281. SKS rifle violations under §12280;
immunity from prosecution and reopening of
prior actions; relinquishment or disposition
of rifles; purchase of firearms by department
(a) Any person who, or firm, company, or cor-
poration that, operated a retail or other commer-
cial firm, company, or corporation, and manufac-
tured, distributed, transported, imported, pos-
sessed, 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 crim-
inal prosecution under Section 12280. The im-
munity provided In this subdivision shall apply
retroactively to any person who, or firm, com-
pany, or corporation that, is or was charged by
complaint or indictment with a violation of Sec-
tion 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 Sec-
tion 12280. The immunity provided in this subdi-
vision shall apply retroactively to any person
who was charged by complaint or indictment
with a violation of Section 12280 for conduct re-
lated to an SKS rifle, whether or not the case of
that person is final.
(c) Any SKS rifle in the possession of any per-
son who, or firm, company, or corporation that,
is described in subdivision (a) or (b), shall not be
subject to seizure by law enforcement for viola-
tion of Section 12280 prior to January 1, 2000.
(d) Any person, firm, company, or corporation,
convicted under Section 12280 for conduct re-
lating to an SKS rifle, shall be permitted to with-
draw his or her plea of guilty or nolo contendere,
or to reopen his or her case and assert the im-
munities provided' in this section, if the court de-
termines that the allowance of the immunity is in
the interests of justice. The court shall interpret
this section liberally to the benefit of the de-
fendant.
(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 sec-
tion within 120 days of the effective date of this
section.
(f)(1) Any person, firm, company, or corpora-
tion 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 en-
forcement 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 un-
less he or she otherwise complies with para-
graph (1) of subdivision (b) of Section 12285.
(3) Any SKS rifle relinquished to the depart-
ment 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 com-
plying 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 Regu-
lar Session of the Legislature or by subsequent
budget acts or other legislation. The department
shall adopt regulations for this purchase pro-
gram 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 pur-
suant 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 reim-
bursement pursuant to this paragraph shall be
part of the regulations adopted by the depart-
ment pursuant to paragraph (1).
(i) Notwithstanding paragraph (11) of subdivi-
sion (a) of Section 12276, an "SKS rifle" under
this section means all SKS rifles commonly re-
ferred to as "SKS Sporter" versions, manufac-
tured to accept a detachable AK -47 magazine
and imported into this state and sold by a li-
censed gun dealer, or otherwise lawfully pos-
sessed in this state by a resident of this state
who is not a licensed gun dealer, between Jan-
uary 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 exceed-
ing one year.
(k) In addition to the regulations required pur-
suant to subdivision (h), emergency regulations
for the purchase program described in subdivi-
sion (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. Possession of assault weapon or
.50 BMG rifle; public nuisance; civil action
and penalty; disposal of weapon
(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.
Article 3. Registration and Permits
12285. Registration; fee; sale transfer or
possession of weapons; conditions
restrictions; forgiveness period
(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 lawful-
ly possessed an assault weapon prior to the
date it was specified as an assault weapon pur-
suant to Section 12276.5 shall register the fire-
arm within 90 days with the Department of Just-
ice pursuant to those procedures that the de-
partment 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 with-
in 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 de-
partment for processing costs, fees charged
shall increase at a rate not to exceed the legis-
latively approved annual cost -of- living adjust-
ment for the department's budget or as other-
wise 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 pos-
sesses 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 depart-
ment no later than April 30, 2006, pursuant to
those procedures that the department may es-
tablish. The registration shall contain a descrip-
tion of the firearm that identifies it uniquely, in-
cluding all identification marks, the full name, ad-
dress, 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 dol-
lars ($25) per person to cover the actual pro-
cessing 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
Page 52
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 sec-
tion may be sold or transferred on or after Janu-
ary 1, 1990, to anyone within this state other
than to a licensed gun dealer, as defined in sub-
division (c) of Section 12290, or as provided in
Section 12288. Any person who (A) obtains title
to an assault weapon registered under this sec-
tion or that was possessed pursuant to para-
graph (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, with-
in 90 days, render the weapon permanently in-
operable, sell the weapon to a licensed gun
dealer, obtain a permit from the Department of
Justice in the same manner as specified in Arti-
cle 3 (commencing with Section 12230) of Chap-
ter 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 alter-
natively 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 weap-
on to be delivered to a licensed gun dealer, as
defined in subdivision (c) of Section 12290, in
this state in accordance with Chapter 44 (com-
mencing 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 per -
son. 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 pos-
sess or dispose of the assault weapon as al-
lowed 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 re-
ceipt, render the weapon permanently inoper-
able, 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 Sec-
tion 12230) of Chapter 2.
(B) The person shall cause the .50 BMG rifle
to be delivered to a licensed gun dealer, as de-
fined in subdivision (c) of Section 12290 in this
state in accordance with Chapter 44 (commenc-
ing with Section 921) of Title 18 of the United
States Code and the regulations issued pursu-
ant thereto. If the person obtains a permit from
the Department of Justice in the same manner
as specified in Article 3 (commencing with Sec-
tion 12230) of Chapter 2, the dealer shall rede-
liver that .50 BMG rifle to the person. If the li-
censed 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 fol-
lowing conditions unless a permit allowing addi-
tional uses is first obtained under Section 12286:
(1) At that person's residence, place of busi-
ness, 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 regu-
latory 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 pos-
session and use of a firearm described in Sec-
tion 12276, 12276.1, 12276.5, or 12278, is spe-
cifically permitted by the managing agency of
the land.
(7) While transporting the assault weapon or
.50 BMG rifle between any of the places men-
tioned in this subdivision, or to any licensed gun
dealer, as defined in subdivision (c) of Section
12290, for servicing or repair pursuant to subdi-
vision (b) of Section 12290, if the assault weap-
on is transported as required by Section
12026.1.
(d) No person who is under the age of 18
years, and no person who is prohibited by state
or federal law from possessing , receiving,
owning, or purchasing a firearm may register or
possess an assault weapon or .50 BMG rifle.
(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 as-
sault weapon pursuant to Section 12276.1, shall
be deemed to have registered the weapon for
purposes of this chapter and shall not be re-
quired to reregister the weapon pursuant to this
section.
(2) Any person who legally registered a fire-
arm as an assault weapon pursuant to the provi-
sions 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 pursu-
ant to this section.
(h) Any person who registers his or her as-
sault weapon during the 90 -day forgiveness per-
iod described in subdivision (f), and any person
whose registration form was received by the De-
partment 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 a-
ware of that violation only as a result of the reg-
istration 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, pro-
vided that law enforcement was aware of the
violation before the weapon was registered.
12286. Permits 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. Permits for manufacture or sale of
assault weapons or.50 BMG rifles
(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 Sec-
tion 12280.
(2) Entities and persons who have been is-
sued 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 ap-
proved 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 Sec-
tion 12230) of Chapter 2.
12288. Relinquishment of assault weapon
or.50 BMG rifle
Any individual may arrange in advance to
relinquish an assault weapon or a .50 BMG rifle
to a police or sheriffs department. The assault
weapon or .50 BMG rifle shall be transported in
accordance with Section 12026.1.
Page 53
12289.5. Broadcast of registration or
permit over police radio
(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 or may be
using the weapon in defense of himself, herself,
or other persons.
(b) This section shall not prohibit a peace
officer 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. Public education and notification
program; costs
(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 2276.1. 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. Annual inspection for security and
safe storage, and to reconcile inventory
(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.
Article 4. Licensed Gun Dealers
12290. Transportation; display; sale;
servicing or repair; transfers
(a) Any licensed gun dealer, as defined in
subdivision (c), who lawfully possesses an as-
sault weapon or .50 BMG rifle pursuant to Sec-
tion 12285, in addition to the uses allowed in
Section 12285, may transport the firearm be-
tween 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 as-
sault 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 pursu-
ant 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 receiv-
ing the assault weapon or .50 BMG rifle shall
hold all of the following:
(i) A dealer's license issued pursuant to Chap-
ter 44 (commencing with Section 921) of Title 18
of the United States Code and the regulations
issued pursuant thereto.
(it) 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 pur-
suant to Section 12071 and who has a permit to
sell assault weapons or .50 BMG rifles pursuant
to Section 12287.
Chapter 2.5. Destructive Devices
12301. Definitions
(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 sub-
stance, including, but not limited to, that which is
commonly known as tracer or incendiary ammu-
nition, 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 am-
munition 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 projec-
tile or shot), antique rifle, or an antique cannon.
For purposes of this section, the term "antique
cannon" means any cannon manufactured be-
fore 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 de-
vice 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 de-
grees Fahrenheit or less and has a wick or simi-
lar device capable of being ignited, other than a
device which is commercially manufactured pri-
marily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2)
or other chemically reactive substances assem-
bled for the purpose of causing an explosion by
a chemical reaction.
(b) The term "explosive," as used in this chap-
ter, shall mean any explosive defined in Section
12000 of the Health and Safety Code.
12302. Exemptions
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, stor-
age, or use by any person who is a regularly
employed and paid officer, employee, or mem-
ber of a fire department or fire protection or fire-
fighting agency of the federal government, the
State of California, a city, county, city and coun-
ty, district, or other public or municipal corpora-
tion 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. Possession; other than fixed
ammunition; punishment
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. Carrying or placement of
explosive or destructive device on
passenger vessel, aircraft, car or other
vehicle; penalty
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 expolisive or destructive device
on any vessel, aircraft, car or other vehicle that
transports passengers for hire
(b) Places or carriers any explosive or
destructive device, while on board any such
vessel, aircraft, car or other vehicle, in any hand
baggage, roll, or other container
Page 54
(c) Places any explosive or destructive device
in any baggage which is later checked with any
common carrier.
12303.2. Possession of destructive devices
or explosives in or near certain places;
felony; punishment
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.
12303.6. Sale or transportation; other than
fixed ammunition; punishment
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. Sale, possession, or transportation
of fixed ammunition; punishment;
subsequent conviction
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. Permit to conduct business,
posses or transport; persons unqualified to
receive permit; applications, fees;
inspections for security and safe storage
(a) Every dealer, manufacturer, importer, and
exporter of any destructive device, or any motion
picture or television studio using destructive de-
vices 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 men-
tioned in subdivision (a) shall obtain a permit
from the Department of Justice in order to pos-
sess or transport any destructive device. No per-
mit shall be issued to any person who meets any
of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a
firearm.
(c) Applications for pen-nits 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 pursu-
ant 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 Depart-
ment of Justice. After the department estab-
lishes fees sufficient in amount to cover process-
ing costs, the amount of the fees shall only in-
crease at a rate not to exceed the legislatively
approved cost -of- living adjustment for the de-
partment.
(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 in-
spection for security and safe storage purposes,
and to reconcile the inventory of destructive
devices.
(g) A person, firm, or corporation with an in-
ventory of fewer than five devices that require
any Department of Justice permit shall be sub-
ject to an inspection for security and safe stor-
age purposes, and to reconcile inventory, once
every five years, or more frequently if deter-
mined by the department.
12307. Unlawful possession; public
nuisance; injunction; destruction of device
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 De-
partment 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 de-
vice, 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.
12312. Possession of materials with intent
to make explosive or destructive device
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.
Chapter 2.6. Ammunition
12316.Sale of ammunition or reloaded
ammunition to a minor; defense; possession
of ammunition by person prohibited from
having firearm; school grounds; exceptions
to prohibitions; violations; punishment
(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 ammu-
nition to a person under 18 years of age.
(B) Sells any ammunition or reloaded ammu-
nition 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 ammu-
nition.
(2) For purposes of this subdivision, "ammuni-
tion" 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.
"Ammunition" does not include blanks.
(3) A violation of paragraph (1) 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.
(4) A person who is not prohibited by
paragraph (1) from owning, possessing, or
having under his or her custody or control, any
ammunition or reloaded ammunition, but who is
enjoined from engaging in activity pursuant to an
injunction issued pursuant to Section 3479 of the
Civil Code against that person as a member of a
criminal street gang, as defined in Section
186.22, may not own, possess, or have under
his or her custody or control, any ammunition or
reloaded ammunition.
(5) A violation of paragraph (4) of this
subdivision is a misdemeanor.
(c) Unless it is with the written permission of
the school district superintendent, his or her des-
ignee, or equivalent school authority, no person
shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforce-
ment officers acting within the scope of their
duties or persons exempted under sub -para-
graph (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 as-
sisting 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 fire-
arm pursuant to Article 3 (commencing with Sec-
Page 55
tion 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 Busi-
ness 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 imprison -ment and fine.
(d)(1) A violation of paragraph (1) or (4) of
subdivi -sion (b) is justifiable where all of the
following conditions are met:
(A) The person found the ammunition or re-
loaded ammunition or took the ammunition or re-
loaded ammunition from a person who was com-
mitting a crime against him or her.
(B) The person possessed the ammunition or
reloaded ammunition no longer than was neces-
sary to deliver or transport the ammunition or re-
loaded 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 or ammunition or reloaded ammunition
because of paragraph (4) of subdivision (b).
(2) Upon the trial for violating paragraph (1) of
subdivision (b), the trier of fact shall determine
whether the defendant is subject to the exemp-
tion 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. 12320. Possession; offense;
punishment
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. Manufacture, importation, sale or
transportation; offense; punishment
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. Exemptions
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 Sec-
tion 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 trans-
porting the ammunition to a law enforcement
agency for disposition according to law.
12323. Definitions
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 ammu-
nition, except a shotgun shell or ammunition pri-
marily 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 con-
structed entirely, excluding the presence of
traces of other substances, from one or a com-
bination of tungsten alloys, steel, iron, brass,
beryllium copper, or depleted uranium, or any
equivalent material of similar density or hard-
ness.
(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 Fred from a
pistol, revolver, or other firearm capable of being
concealed upon the person.
(c) "Body vest or shield" means any bullet -re-
sistant 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. Propellant removal and primer
deactivation; exception
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. Manufacture under government
contract
Nothing in this chapter shall prohibit the
manufacture of ammunition under contracts
approved by agencies of the state or federal
government.
Chapter 5. Firearm Devices
Article 1. General Provisions
12500. Silencer 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. Possession of silencer; exemptions
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 em-
ployed 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, transpor-
tation, 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.
Article 2. Unlawful Possession of Firearm
Silencers
12520. Possession; offense; punishment
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.
Chapter 6. Miscellaneous
Article 1. BB Devices and Imitation Firearms
12550. Definitions As used In this articie,: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 over-
all appearance to an existing firearm as to lead a
reasonable person to perceive that the device is
a firearm,
12551. Sale to minors; midemeanor
Every person who sells to a minor any BB
device is guilty of a misdemeanor.
12552. Furnishing of BB device to to minor
without parental consent; violation
(a) Every person who furnishes Any BB de-
vice 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. Change, alteration, removal or
obliteration of any required coloration or
markings; misdemeanor; exceptions;
violations of federal law
(a)(1) Any person who changes, alters, re-
moves, or obliterates any coloration or markings
that are required by any applicable state or
federal law or regulation, for any Imitation fire-
arm, or device described in subdivision (c) of
Section 12555, in any way that makes the imita-
tion firearm or device look more like a firearm is
guilty of a misdemeanor.
(2) This subdivision shall not apply to
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 fire -
arm as defined by federal law or regulation is
guilty of a misdemeanor.
12554. Conspicuous advisory required on
imitation firearms; civil fines
(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
Page 56
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 bran-
dishing 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 imi-
tation 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 subse-
quent action.
12555. Purchasing, selling, manufacturing,
shipping, transporting, distributing, or
receiving imitation firearms prohibited for
commercial purposes; civil fines; exceptions
(a) Any person who, for commercial pur-
poses, purchases, sells, manufactures, ships,
transports, distributes, or receives, by mail order
or in any other manner, an imitation firearm ex-
cept as authorized by this section shall be liable
for a civil fine in an action brought by the city at-
tomey or the district attorney of not more than
ten thousand dollars ($10,000) for each viola-
tion.
(b) The manufacture, purchase, sale, ship-
ping, transport, distribution, or receipt, by mail or
in any other manner, of imitation firearms is au-
thorized if the device is manufactured, pur-
chased, 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 produc-
tions, 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 activi-
ties, 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 histor-
ically significant, and is offered for sale in con-
junction 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 pre-
dominant color in combination with other colors
in any pattern, as provided by federal regula-
tions governing imitation firearms, or where the
entire device is constructed of transparent or
translucent materials which permits unmistak-
able observation of the device's complete con-
tents, as provided by federal regulations govern-
ing imitation firearms.
12556. Open display or exposure in public
place prohibited; violation; exceptions
(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 pro-
vided in subdivision (c), is an infraction punish-
able 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 sec-
tion is punishable as a misdemeanor,
(d) Subdivision (a) shall not apply to the fol-
lowing, 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 reg-
ulated sporting event or competition.
(5) Used in conjunction with lawful hunting, or
lawful pest control activities.
(6) Used or possessed at certified or regu-
lated 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 ac-
tivities, including flag ceremonies, color guards,
parades, award presentations, historical reen-
actments, 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 ob-
tained from a local or state government.
(11) Displayed on a wall plaque or in a pre-
sentation case.
(12) Used in areas where the discharge of a
firearm is lawful.
(13) A device where the entire exterior sur-
face 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 ma-
terials which permits unmistakable observation
of the device's complete contents. Merely having
an orange tip as provided in federal law and reg-
ulations 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 enter-
tainment, and the doorways and entrances to
buildings or dwellings, and shall include public
schools and a public or private college or
university.
(f) Nothing in this section shall be construed
to preclude prosecution for a violation of Section
171b, 171.5, or 626.10.
Article 8. Handgun Safety Certificate
12800. Legislative intent
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. Definitions
(a) As used in this. article, the following
definitions shall apply:
(1) "Department" means the Department of
Justice.
(2) "DOJ Certified Instructor" or "certified in-
structor" means a person designated as a hand-
gun 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 hand-
gun, 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 per-
son 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 cumula-
tive, and shall not be construed as restricting the
application of any other law. However, an act or
omission punishable in different ways by differ-
ent provisions of this code shall not be punished
under more than one provision.
12802. Prohibited acts
(a) No person may commit an act of collusion
as specified in Section 12072.
(b) Any person who alters, counterfeits, or fal-
sifies 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 cumula-
tive 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.
12804. Instructional materials and
requirements
(a) The department shall develop an instruc-
tion manual in English and in Spanish by Octo-
ber 1, 2002. The department shall make the in-
structional 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 un-
able to read, the examination shall be adminis-
tered orally. The test shall cover, but not be
limited to, all of the following:...
(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 in-
structor 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.
Page 57
(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.
(t) The department shall update test materials
related to this article every five years.
0) 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:...
12805. Tests;
(a) An applicant for a handgun safety certifi-
cate shall successfully pass the objective test re-
ferred 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....
12806. Certificates; required information;
expiration
(a) A handgun safety certificate shall include,
but not be limited to, the following information:
(1) A unique handgun safety certificate ident-
ification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identifica-
tion 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. Exemptions
(a) The following persons, properly identified;
are exempted from the handgun safety certifi-
cate 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 com-
pleted 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 ac-
quiring 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 Gov -
emment 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 re-
serve components of the United States, where
individuals in those organizations are properly
identified. For purposes of this section, proper
identification includes the Armed Forces Identifi-
cation Card, or other written documentation cer-
tifying that the individual is an active or honor-
ably 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 pur-
suant 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 them-
selves 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 employ-
ee 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.
12809. Operative date of article Except for
the provisions of Section 12804, this article shall
become operative on January 1, 2003.
California Family Code
Division 10. Prevention of Domestic Violence
Part 4. Protective Orders and Other Domestic
Violence Prevention Orders
Chapter 3. Registration and Enforcement of
Orders
6389. Firearm ownership, possession,
purchase, or receipt; relinquishment order;
use immunity; storage fee; order content;
exemption; sale; penalty
(a) A person subject to a protective order, as
defined in Section 6218, shall not own, possess,
purchase, or receive a firearm while that protect-
ive order is in effect. Every person who owns,
possesses, purchases or receives, or attempts
to purchase or receive a firearm while the pro-
tective order is in effect is punishable pursuant
to subdivision (g) of Section 12021 of the Penal
Code.
(b) On all forms providing notice that a pro-
tective order has been requested or granted, the
Judicial Council shall include a notice that, upon
service of the order, the respondent shall be or-
dered to relinquish possession or control of any
firearms and not to purchase or receive or at-
tempt to purchase or receive any firearms for a
period not to exceed the duration of the restrain-
ing order.
(c)(1)Upon issuance of a protective order, as
defined in Section 6218, the court shall order the
respondent to relinquish any firearm in the
respondent's immediate possession or control,
or subject to the respondent's immediate
possession or control.
(2) The relinquishment ordered pursuant to
Paragraph (1) shall occur by immediately
surrendering the firearm in a safe manner, upon
request of any law enforcement officer, to the
control of the officer, after being served with the
protective order. Alternatively, if no request is
made by a law enforcement officer, the
relinquishment shall occur within 24 hours of
being served with the order, by either
surrendering the firearm in a safe manner to the
control of local law enforcement officials, or by
selling the firearm to a licensed gun dealer, as
specified in Section 12071 of the Penal Code.
The law enforcement officer or licensed gun
dealer taking possession of the firearm pursuant
to this subdivision shall issue a receipt to the
person relinquishing the firearm at the time of
relinquishment. A person ordered to relinquish
any firearm pursuant to this subdivision shall file
with the court that issued the protective order,
within 48 hours after being served with the
order, the receipt showing the firearm was
surrendered to a local law enforcement agency
or sold to a licensed gun dealer. Failure to
timely file a receipt shall constitute a violation of
the protective order.
(3) The application forms for protective orders
adopted by the Judicial Council and approved by
the Department of Justice shall be amended to
require the petitioner to describe the number,
types, and locations of any firearms presently
known by the petitioner to be possessed or
controlled by the respondent.
(4) It is recommended that every law
enforcement agency in the state develop, adopt,
and implement written policies and standards for
law enforcement officers who request immediate
relinquishment of firearms.
(d) If the respondent declines to relinquish
possession of any firearm based on the as-
sertion of the right against self- incrimination, as
provided by the Fifth Amendment to the United
States Constitution and Section 15 of Article I of
the California Constitution, the court may grant
use immunity for the act of relinquishing the fire-
arm required under this section.
(e) A local law enforcement agency may
charge the respondent a fee for the storage of
any firearm pursuant to this section. This fee
shall not exceed the actual cost incurred by the
local law enforcement agency for the storage of
the firearm. For purposes of this subdivision,
"actual cost" means expenses directly related to
taking possession of a firearm, storing the fire-
arm, and surrendering possession of the firearm
to a licensed dealer as defined in Section 12071'
of the Penal Code or to the respondent.
(f) The restraining order requiring a person to
relinquish a firearm pursuant to subdivision (c)
shall state on its face that the respondent is pro-
hibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is
in effect and that the firearm shall be relin-
quished to the local law enforcement agency for
that jurisdiction or sold to a licensed gun dealer,
and that proof of surrender or sale shall be filed
with the court within a specified period of receipt
of the order. The order shall also state on its
face the expiration date for relinquishment. No-
thing in this section shall limit a respondent's
right under existing law to petition the court at a
later date for modification of the order.
(g) The restraining order requiring a person to
relinquish a firearm pursuant to subdivision (c)
Page 58
shall prohibit the person from possessing or con-
trolling any firearm for the duration of the order.
At the expiration of the order, the local law en-
forcement agency shall return possession of any
surrendered firearm to the respondent, within
five days after the expiration of the relinquish-
ment order, unless the local law enforcement
agency determines that (1) the firearm has been
stolen, (2) the respondent is prohibited from pos-
sessing a firearm because the respondent is in
any prohibited class for the possession of fire-
arms, as defined in Sections 12021 and 12021.1
of the Penal Code and Sections 8100 and 8103
of the Welfare and Institutions Code, or (3) an-
other successive restraining order is used
against the respondent under this section. If the
local law enforcement agency determines that
the respondent is the legal owner of any firearm
deposited with the local law enforcement agency
and is prohibited from possessing any firearm,
the respondent shall be entitled to sell or trans-
fer the firearm to a licensed dealer as defined in
Section 12071 of the Penal Code. If the firearm
has been stolen, the firearm shall be restored to
the lawful owner upon his or her identification of
the firearm and proof of ownership.
(h) The court may, as part of the
relinquishment order, grant an exemption from
the relinquishment requirements of this section
for a particular firearm if the respondent can
show that a particular firearm is necessary as a
condition of continued employment and that the
current employer is unable to reassign the
respondent to another position where a firearm
is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall
provide that the firearm shall be in the physical
possession of the respondent only during
scheduled work hours and during travel to and
from his or her place of employment. in any
case involving a peace officer who as a
condition of employment and whose personal
safety depends on the ability to carry a firearm,
a court may allow the peace officer to continue
to carry a firearm, either on duty or off duty, if
the court finds by a preponderance of the
evidence that the officer does not pose a threat
of harm. Prior to making this finding, the court
shall require a mandatory psychological evalua-
tion of the peace officer and may require the
peace officer to enter into counseling or other re-
medial treatment program to deal with any pro-
pensity for domestic violence.
(1) During the period of the relinquishment or-
der, a respondent is entitled to make one sale of
all firearms that are in the possession of a local
law enforcement agency pursuant to this sec-
tion. A licensed gun dealer, who presents a local
law enforcement agency with a bill of sale indi-
cating that all firearms owned by the respondent
that are in the possession of the local law en-
forcement agency have been sold by the re-
spondent to the licensed gun dealer, shall be
given possession of those firearms, at the loca-
tion where a respondent's firearms are stored,
within five days of presenting the local law en-
forcement agency with a bill of sale.
(j) The disposition of any unclaimed property
under this section shall be made pursuant to
Section 1413 of the Penal Code.
(k) The return of a firearm to any person pur-
suant to subdivision (g) shall not be subject to
the requirements of subdivision (d) of Section
12072 of the Penal Code.
(1) If the respondent notifies the court that he
or she owns a firearm that is not in his or her im-
mediate possession, the court may limit the or-
der to exclude that firearm if the judge is satis-
fied the respondent is unable to gain access to
that firearm while the protective order is in effect.
(m) Any respondent to a protective order who
violates any order issued pursuant to this sec-
tion shall be punished under the provisions of
subdivision (g) of Section 12021 of the Penal
Code.
California Welfare and Institutions Code
Division 8. Miscellaneous
Chapter 3. Firearms
8100. Possession, purchase or receipt by
person receiving inpatient treatment for
amental disorder or who has communicated
a threat of physical violence to a
psychotherapist; violation
(a) A person shall not have in his or her pos-
session or under his or her custody or control, or
purchase or receive, or attempt to purchase or
receive, any firearms whatsoever or any other
deadly weapon, if on or after January 1, 1992,
he or she has been admitted to a facility and is
receiving inpatient treatment and, in the opinion
of the attending health professional who is pri-
marily responsible for the patient's treatment of a
mental disorder, is a danger to self or others, as
specified by Section 5150, 5250, or 5300, even
though the patient has consented to that treat-
ment. A person is not subject to this subdivision
once he or she is discharged from the facility.
(b)(1) A person shall not have in his or her
possession or under his or her custody or con-
trol, or purchase or receive, or attempt to pur-
chase or receive, any firearms whatsoever or
any other deadly weapon for a period of six
months whenever, on or after January 1, 1992,
he or she communicates to a licensed psycho-
therapist, as defined in subdivisions (a) to (e), in-
clusive, of Section 1010 of the Evidence Code, a
serious threat of physical violence against a rea-
sonably identifiable victim or victims. The six -
month period shall commence from the date that
the licensed psychotherapist reports to the local
law enforcement agency the identity of the per-
son making the communication. The prohibition
provided for in this subdivision shall not apply
unless the licensed psychotherapist notifies a
local law enforcement agency of the threat by
that person. The person, however, may own,
possess, have custody or control over, or re-
ceive or purchase any firearm if a superior court,
pursuant to paragraph (3) and upon petition of
the person, has found, by a preponderance of
the evidence, that the person is likely to use fire-
arms or other deadly weapons in a safe and law-
ful manner.
(2) Upon receipt of the report from the local
law enforcement agency pursuant to subdivision
(c) of Section 8105, the Department of Justice
shall notify by certified mail, return receipt re-
quested, a person subject to this subdivision of
the following:
(A) That he or she is prohibited from possess-
ing, having custody or control over, receiving, or
purchasing any firearm or other deadly weapon
for a period of six months commencing from the
date that the licensed psychotherapist reports to
the local law enforcement agency the identity of
the person making the communication. The
notice shall state the date when the prohibition
commences and ends.
(B) That he or she may petition a court, as
provided in this subdivision, for an order permit-
ting the person to own, possess, control,
receive, or purchase a firearm.
(3) Any person who is subject to paragraph
(1) may petition the superior court of his or her
county of residence for an order that he or she
may own, possess, have custody or control
over, receive, or purchase firearms. At the time
the petition is filed, the clerk of the court shall set
a hearing date and notify the person, the Depart-
ment of Justice, and the district attorney. The
people of the State of California shall be the re-
spondent in the proceeding and shall be repre-
sented by the district attorney. Upon motion of
the district attorney, or upon its own motion, the
superior court may transfer the petition to the
county in which the person resided at the time of
the statements, or the county in which the per-
son made the statements. Within seven days
after receiving notice of the petition, the Depart-
ment of Justice shall file copies of the reports
described in Section 8105 with the superior
court. The reports shall be disclosed upon re-
quest to the person and to the district attorney.
The district attorney shall be entitled to a contin-
uance of the hearing to a date of not less than
14 days after the district attorney is notified of
the hearing date by the clerk of the court. The
court, upon motion of the petitioner establishing
that confidential information is likely to be dis-
cussed during the hearing that would cause
harm to the person, shall conduct the hearing in
camera with only the relevant parties present,
unless the court finds that the public interest
would be better served by conducting the hear-
ing in public. Notwithstanding any other provi-
sion of law, declarations, police reports, includ-
ing criminal history information, and any other
material and relevant evidence that is not ex-
cluded under Section 352 of the Evidence Code,
shall be admissible at the hearing under this par-
agraph. If the court finds by a preponderance of
the evidence that the person would be likely to
use firearms in a safe and lawful manner, the
court shall order that the person may have cust-
ody or control over, receive, possess, or pur-
chase firearms. A copy of the order shall be sub-
mitted to the Department of Justice. Upon re-
ceipt of the order, the department shall delete
any reference to the prohibition against firearms
from the person's state summary criminal history
information.
(c) "Discharge," for the purposes of this sec-
tion, does not include a leave of absence from a
facility.
(d) "Attending health care professional," as
used in this section, means the licensed health
care professional primarily responsible for the
person's treatment who is qualified to make the
decision that the person has a mental disorder
and has probable cause to believe that the per-
son is a danger to self or others.
(e) "Deadly weapon," as used in this section
and in Sections 8101, 8102, and 8103, means
any weapon, the possession or concealed carry-
ing of which is prohibited by Section 12020 of
the Penal Code.
(f) "Danger to self," as used in subdivision (a),
means a voluntary person who has made a seri-
ous threat of, or attempted, suicide with the use
of a firearm or other deadly weapon.
(g) A violation of subdivision (a) of, or para-
graph (1) of subdivision (b) of, this section shall
be a public offense, punishable by imprisonment
in the state prison, or in a county jail for not
more than one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that impris-
onment and fine.
(h) The prohibitions set forth in this section
shall be in addition to those set forth in Section
8103.
Page 59
(1) Any person admitted and receiving treat-
ment prior to January 1, 1992, shall be governed
by this section, as amended by Chapter 1090 of
the Statutes of 1990, until discharged from the
facility.
8101. Supplying, selling, giving or
allowing or control of firearms or deadly
weapon; persons described in §8100 or 8103;
punishment
(a) Any person who shall knowingly supply,
sell, give, or allow possession or control of a
deadly weapon to any person described in Sec-
tion 8100 or 8103 shall be punishable by impris-
onment in the state prison, or in a county jail for
a period of not exceeding one year, by a fine of
not exceeding one thousand dollars ($1,000), or
by both the fine and imprisonment.
(b) Any person who shall knowingly supply,
sell, give, or allow possession or control of a fire-
arm to any person described in Section 8100 or
8103 shall be punished by imprisonment in the
state prison for two, three, or four years.
(c) "Deadly weapon," as used in this section
has the meaning prescribed by Section 8100.
8103. Certificate for possession required
for specified classes of people; Prohibition
against possession for specified persons;
Violation as felony
(a)(1) No person who after October 1, 1955,
has been adjudicated by a court of any state to
be a danger to others as a result of a mental dis-
order or mental illness, or who has been adjudi-
cated to be a mentally disordered sex offender,
shall purchase or receive, or attempt to pur-
chase or receive, or have in his or her posses-
sion, custody, or control any firearm or any other
deadly weapon unless there has been issued to
the person a certificate by the court of adjudica-
tion upon release from treatment or at a later
date stating that the person may possess a fire-
arm or any other deadly weapon without endan-
gering others, and the person has not, subse-
quent to the issuance of the certificate, again
been adjudicated by a court to be a danger to
others as a result of a mental disorder or mental
illness.
(2) The court shall immediately notify the De-
partment of Justice of the court order finding the
individual to be a person described in paragraph
(1). The court shall also notify the Department of
Justice of any certificate issued as described in
paragraph (1).
(b)(1) No person who has been found, pursu-
ant to Section 1026 of the Penal Code or the law
of any other state or the United States, not guilty
by reason of insanity of murder, mayhem, a vio-
lation of Section 207, 209, or 209.5 of the Penal
Code in which the victim suffers intentionally in-
flicted great bodily injury, carjacking or robbery
in which the victim suffers great bodily injury, a
violation of Section 451 or 452 of the Penal
Code involving a trailer coach, as defined in
Section 635 of the Vehicle Code, or any dwelling
house, a violation of paragraph (1) or (2) of sub-
division (a) of Section 262 or paragraph (2) or
(3) of subdivision (a) of Section 261 of the Penal
Code, a violation of Section 459 of the Penal
Code in the first degree, assault with intent to
commit murder, a violation of Section 220 of the
Penal Code in which the victim suffers great
bodily injury, a violation of Section 12303.1,
12303.2, 12303.3, 12308, 12309, or 12310 of
the Penal Code, or of a felony involving death,
great bodily injury, or an act which poses a seri-
ous threat of bodily harm to another person, or a
violation of the law of any other state or the
United States that includes all the elements of
any of the above felonies as defined under Cali-
fornia law, shall purchase or receive, or attempt
to purchase or receive, or have in his or her pos-
session or under his or her custody or control
any firearm or any other deadly weapon.
(2) The court shall immediately notify the De-
partment of Justice of the court order finding the
person to be a person described in paragraph
(1).
(c)(1) No person who has been found, pursu-
ant to Section 1026 of the Penal Code or the law
of any other state or the United States, not guilty
by reason of insanity of any crime other than
those described in subdivision (b) shall purchase
or receive, or attempt to purchase or receive, or
shall have in his or her possession, custody, or
control any firearm or any other deadly weapon
unless the court of commitment has found the
person to have recovered sanity, pursuant to
Section 1026.2 of the Penal Code or the law of
any other state or the United States,
(2) The court shall immediately notify the De-
partment of Justice of the court order finding the
person to be a person described in paragraph
(1). The court shall also notify the Department of
Justice when it finds that the person has re-
covered his or her sanity.
(d)(1) No person found by a court to be men-
tally incompetent to stand trial, pursuant to Sec-
tion 1370 or 1370.1 of the Penal Code or the law
of any other state or the United States, shall pur-
chase or receive, or attempt to purchase or re-
ceive, or shall have in his or her possession,
custody, or control any firearm or any other
deadly weapon, unless there has been a finding
with respect to the person of restoration to com-
petence to stand trial by the committing court,
pursuant to Section 1372 of the Penal Code or
the law of any other state or the United States.
(2) The court shall Immediately notify the De-
partment of Justice of the court order finding the
person to be mentally incompetent as described
in paragraph (1). The court shall also notify the
Department of Justice when it finds that the per-
son has recovered his or her competence.
(e)(1) No person who has been placed under
conservatorship by a court, pursuant to Section
5350 or the law of any other state or the United
States, because the person is gravely disabled
as a result of a mental disorder or impairment by
chronic alcoholism shall purchase or receive, or
attempt to purchase or receive, or shall have in
his or her possession, custody, or control any
firearm or any other deadly weapon while under
the conservatorship if, at the time the conserva-
torship was ordered or thereafter, the court
which imposed the conservatorship found that
possession of a firearm or any other deadly
weapon by the person would present a danger
to the safety of the person or to others. Upon
placing any person under conservatorship, and
prohibiting firearm or any other deadly weapon
possession by the person, the court shall notify
the person of this prohibition.
(2) The court shall immediately notify the De-
partment of Justice of the court order placing the
person under conservatorship and prohibiting
firearm or any other deadly weapon possession
by the person as described in paragraph (1).
The notice shall include the date the conserva-
torship was imposed and the date the conserva-
torship is to be terminated. If the conservator-
ship is subsequently terminated before the date
listed in the notice to the Department of Justice
or the court subsequently finds that possession
of a firearm or any other deadly weapon by the
person would no longer present a danger to the
safety of the person or others, the court shall im-
mediately notify the Department of Justice.
(3) All information provided to the Department
of Justice pursuant to paragraph (2) shall be
kept confidential, separate, and apart from all
other records maintained by the Department of
Justice, and shall be used only to determine eli-
gibility to purchase or possess firearms or other
deadly weapons. Any person who knowingly fur-
nishes that information for any other purpose is
guilty of a misdemeanor. All the information con -
ceming any person shall be destroyed upon re-
ceipt by the Department of Justice of notice of
the tennination of conservatorship as to that per-
son pursuant to paragraph (2).
(f)(1) No person who has been (A) taken into
custody as provided in Section 5150 because
that person is a danger to himself, herself, or to
others, (B) assessed within the meaning of Sec-
tion 5151, and (C) admitted to a designated fa-
cility within the meaning of Sections 5151 and
5152 because that person is a danger to him-
self, herself, or others, shall own, possess, con-
trol, receive, or purchase, or attempt to own,
possess, control, receive, or purchase any fire-
arm for a period of five years after the person is
released from the facility. A person described in
the preceding sentence, however, may own,
possess, control, receive, or purchase, or at-
tempt to own, possess, control, receive, or pur-
chase any firearm if the superior court has, pur-
suant to paragraph (5), found that the People of
the State of California have not met their burden
pursuant to paragraph (6).
(2) For each person subject to this subdivi-
sion, the facility shall immediately, on the date of
admission, submit a report to the Department of
Justice, on a form prescribed by the Department
of Justice, containing information that includes,
but is not limited to, the identity of the person
and the legal grounds upon which the person
was admitted to the facility.
Any report prescribed by this subdivision shall
be confidential, except for purposes of the court
proceedings described in this subdivision and for
determining the eligibility of the person to own,
possess, control, receive, or purchase a firearm.
(3) Prior to, or concurrent with, the discharge,
the facility shall inform a person subject to this
subdivision that he or she is prohibited from
owning, possessing, controlling, receiving, or
purchasing any firearm for a period of five years.
Simultaneously, the facility shall inform the per -
son that he or she may request a hearing from a
court, as provided in this subdivision, for an or-
der permitting the person to own, possess, con -
trol, receive, or purchase a firearm. The facility
shall provide the person with a form for a re-
quest for a hearing. The Department of Justice
shall prescribe the form. Where the person re-
quests a hearing at the time of discharge, the fa-
cility shall forward the form to the superior court
unless the person states that he or she will sub-
mit the form to the superior court.
(4) The Department of Justice shall provide
the form upon request to any person described
in paragraph (1). The Department of Justice
shall also provide the form to the superior court
in each county. A person described in paragraph
(1) may make a single request for a hearing at
any time during the five -year period. The request
for hearing shall be made on the form prescribed
by the department or in a document that
includes equivalent language.
(5) Any person who is subject to paragraph
(1) who has requested a hearing from the super-
ior court of his or her county of residence for an
order that he or she may own, possess, control,
receive, or purchase firearms shall be given a
hearing. The clerk of the court shall set a hear-
Page 60
ing date and notify the person, the Department
of Justice, and the district attorney. The People
of the State of California shall be the plaintiff in
the proceeding and shall be represented by the
district attorney. Upon motion of the district attor-
ney, or on its own motion, the superior court
may transfer the hearing to the county in which
the person resided at the time of his or her de-
tention, the county in which the person was de-
tained, or the county in which the person was
evaluated or treated. Within seven days after the
request for a hearing, the Department of Justice
shall file copies of the reports described in this
section with the superior court. The reports shall
be disclosed upon request to the person and to
the district attorney. The court shall set the hear-
ing within 30 days of receipt of the request for a
hearing. Upon showing good cause, the district
attorney shall be entitled to a continuance not to
exceed 14 days after the district attorney was
notified of the hearing date by the clerk of the
court. If additional continuances are granted, the
total length of time for continuances shall not ex-
ceed 60 days. The district attorney may notify
the county mental health director of the hearing
who shall provide information about the deten-
tion of the person that may be relevant to the
court and shall file that information with the su-
perior court. That information shall be,disclosed
to the person and to the district attorney. The
court, upon motion of the person subject to para-
graph (1) establishing that confidential informa-
tion is likely to be discussed during the hearing
that would cause harm to the person, shall con-
duct the hearing in camera with only the relevant
parties present, unless the court finds that the
public interest would be better served by con-
ducting the hearing in public. Notwithstanding
any other law, declarations, police reports, in-
cluding criminal history information, and any oth-
er material and relevant evidence that is not ex-
cluded under Section 352 of the Evidence Code,
shall be admissible at the hearing under this
section.
(6) The people shall bear the burden of show-
ing by a preponderance of the evidence that the
person would not be likely to use firearms in a
safe and lawful manner.
(7) If the court finds at the hearing set forth In
paragraph (5) that the people have not met their
burden as set forth in paragraph (6), the court
shall order that the person shall not be subject to
the five -year prohibition in this section on the
ownership, control, receipt, possession or pur-
chase of firearms. A copy of the order shall be
submitted to the Department of Justice. Upon re-
ceipt of the order, the Department of Justice
shall delete any reference to the prohibition
against firearms from the person's state mental
health firearms prohibition system information.
(8) Where the district attorney declines or fails
to go forward in the hearing, the court shall order
that the person shall not be subject to the five -
year prohibition required by this subdivision on
the ownership, control, receipt, possession, or
purchase of firearms. A copy of the order shall
be submitted to the Department of Justice. Upon
receipt of the order, the Department of Justice
shall, within 15 days, delete any reference to the
prohibition against firearms from the person's
state mental health firearms prohibition system
information.
(9) Nothing in this subdivision shall prohibit
the use of reports filed pursuant to this section to
determine the eligibility of persons to own, pos-
sess, control, receive, or purchase a firearm if
the person is the subject of a criminal investiga-
tion, a part of which involves the ownership, pos-
session, control, receipt, or purchase of a fire-
arm.
(g)(1) No person who has been certified for
intensive treatment under Section 5250, 5260,
or 5270.15 shall own, possess, control, receive,
or purchase, or attempt to own, possess, con-
trol, receive, or purchase any firearm for a per-
iod of five years.
Any person who meets the criteria contained
in subdivision (e) or (f) who is released from in-
tensive treatment shall nevertheless, if applic-
able, remain subject to the prohibition contained
in subdivision (e) or (f).
(2) For each person certified for Intensive
treatment under paragraph (1), the facility shall
immediately submit a report to the Department
of Justice, on a form prescribed by the depart-
ment, containing information regarding the per-
son, including, but not limited to, the legal ident-
ity of the person and the legal grounds upon
which the person was certified. Any report sub-
mitted pursuant to this paragraph shall only be
used for the purposes specified in paragraph (2)
of subdivision (f).
(3) Prior to, or concurrent with, the discharge
of each person certified for intensive treatment
under paragraph (1), the facility shall inform the
person of that information specified in paragraph
(3) of subdivision (fl.
(4) Any person who is subject to paragraph
(1) may petition the superior court of his or her
county of residence for an order that he or she
may own, possess, control, receive, or purchase
firearms. At the time the petition is filed, the clerk
of the court shall set a hearing date and notify
the person, the Department of Justice, and the
district attorney. The People of the State of Cali-
fornia shall be the respondent in the proceeding
and shall be represented by the district attorney.
Upon motion of the district attorney, or on its
own motion, the superior court may transfer the
petition to the county in which the person re-
sided at the time of his or her detention, the
county in which the person was detained, or the
county in which the person was evaluated or
treated. Within seven days after receiving notice
of the petition, the Department of Justice shall
file copies of the reports described in this section
with the superior court. The reports shall be dis-
closed upon request to the person and to the
district attorney. The district attorney shall be en-
titled to a continuance of the hearing to a date of
not less than 14 days after the district attorney
was notified of the hearing date by the clerk of
the court. The district attorney may notify the
county mental health director of the petition, and
the county mental health director shall provide
information about the detention of the person
that may be relevant to the court and shall file
that information with the superior court. That in-
formation shall be disclosed to the person and to
the district attorney. The court, upon motion of
the person subject to paragraph (1) establishing
that confidential information is likely to be dis-
cussed during the hearing that would cause
harm to the person, shall conduct the hearing in
camera with only the relevant parties present,
unless the court finds that the public interest
would be better served by conducting the hear-
ing in public. Notwithstanding any other provi-
sion of law, any declaration, police reports, in-
cluding criminal history information, and any oth-
er material and relevant evidence that is not ex-
cluded under Section 352 of the Evidence Code,
shall be admissible at the hearing under this
section. If the court finds by a preponderance of
the evidence that the person would be likely to
use firearms in a safe and lawful manner, the
court may order that the person may own, con-
trol, receive, possess, or purchase firearms. A
copy of the order shall be submitted to the De-
partment of Justice. Upon receipt of the order,
the Department of Justice shall delete any refer-
ence to the prohibition against firearms from the
person's state mental health firearms prohibition
system information.
(h) For all persons identified in subdivisions (f)
and (g), facilities shall report to the Department
of Justice as specified in those subdivisions, ex-
cept facilities shall not report persons under sub-
division (g) if the same persons previously have
been reported under subdivision (f).
Additionally, all facilities shall report to the De-
partment of Justice upon the discharge of per-
sons from whom reports have been submitted
pursuant to subdivision (f) or (g). However, a re-
port shall not be filed for persons who are dis-
charged within 31 days after the date of admis-
sion.
(i) Every person who owns or possesses or
has under his or her custody or control, or pur-
chases or receives, or attempts to purchase or
receive, any firearm or any other deadly weapon
in violation of this section shall be punished by
imprisonment in the state prison or in a county
jail for not more than one year.
(j) "Deadly weapon," as used in this section,
has the meaning prescribed by Section 8100.
8104. Records necessary to identify
persons coming within §8100 or §8103;
availability to Department of Justice
The State Department of Mental Health shall
maintain in a convenient central location and
shall make available to the Department of
Justice those records that the State Department
of Mental Health has in its possession that are
necessary to identify persons who come within
Section 8100 or 8103. These records shall be
made available to the Department of Justice
upon request. The Department of Justice shall
make these requests only with respect to its
duties with regard to applications for permits for,
or to carry, or the possession, purchase, or
transfer of, explosives as defined in Section
12000 of the Health and Safety Code, devices
defined in Section 12001 of the Penal Code,
machineguns as defined in Section 12200 of the
Penal Code, short- barreled shotguns or short-
barreled rifles as defined in Section 12020 of the
Penal Code, assault weapons as defined in
Section 12276 of the Penal Code, and
destructive devices as defined in Section 12301
of the Penal Code, or to determine the eligibility
of a person to acquire, carry, or possess a
firearm, explosive, or destructive device by a
person who is subject to a criminal investigation,
a part of which involves the acquisition, carrying,
or possession of a firearm by that person. These
records shall not be furnished or made available
to any person unless the department determines
that disclosure of any information in the records
is necessary to carry out its duties with respect
to applications for permits for, or to carry, or the
possession, purchase, or transfer of, explosives,
destructive devices, devices as defined in
Section 12001 of the Penal Code, short- barreled
shotguns, short- barreled rifles, assault weapons,
and machineguns, or to determine the eligibility
of a person to acquire, carry, or possess a
firearm, explosive, or destructive device by a
person who is subject to a criminal investigation,
a part of which involves the acquisition, carrying,
or possession of a firearm by that person.
California Government Code
Page 61
Title 5. Local Agencies
Division 2. Cities, Counties, and Other
Agencies
Part 1. Powers and Duties Common to Cities,
Counties, and Other Agencies
Chapter 1. General
Article 4. Miscellaneous
53071. Registration and licensing of
firearms; exclusive regulation by legislature
It is the intention of the Legislature to occupy
the whole field of regulation of the registration or
licensing of commercially manufactured firearms
as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of
all local regulations, relating to registration or Ik
censing of commercially manufactured firearms,
by any political subdivision as defined in Section
1721 of the Labor Code.
53071.5. Manufacture, sale or possession
of imitation firearms; exclusive regulation by
legislature
By the enforcement of this section, the
Legislature occupies the whole field of regu-
lation of the manufacture, sale, or possession of
imitation firearms, as defined in Section 12550
of the Penal Code, and that section shall pre-
empt and be exclusive of all regulations relating
to the manufacture, sale, or possession of imita-
tion firearms, including regulations governing the
manufacture, sale, or possession of BB devices
and air rifles described in subdivision (g) of Sec-
tion 12001 of the Penal Code.
Publisher's Notes
Attorney General Opinion 94 -212 (online at http:
/ /caag.state.ca.us /opinions /index.htm) provides:
■ With regard to firearms registration and li-
censing, the Legislature has explicitly preempted
-the adoption of local ordinances, citing Govern-
ment Code section 53071.
■ As to firearms possession at one's resi-
dence, business, or other property, state law has
preempted the Feld.
L■ The state has so thoroughly occupied the
that the Attorney General has no doubt that
regulating firearms sales is beyond the reach of
local governments; cities and counties have
been charged with the execution of the state's
program for the licensing of firearms dealers, but
their role is ministerial in nature.
■ The Attorney General concluded that the
language of Penal Code sections 12026 and
12304, construed together, precludes a local en-
tity from prohibiting the sale of handgun ammu-
nition.
■ A city ordinance which requires ammunition
vendors within the city to record and maintain
identification information with respect to each
purchaser is not preempted.
■ As to firearms use, the state has not pre-
empted the field.
The Department of Justice, Firearms Division
prepares a pamphlet that summarizes Califor-
nia firearms laws, and it is available online at
hftp://caag.state.ca.us/firearms/index.html.
[Current with all 2009 Regular and
Extraordinary Session laws, Governor's
Reorganiation Plan No. 1 of 2009, Prop. 1F,
approved at the May 19, 2009 election, and
propositions on the June 8, 2010 ballot
received as of January 1, 2011]
Publisher's Note
California Municipal and County Codes and
Ordinances may be accessed online at http: //
www,igs.berkeley.edu /library/calcodes and http:
/ /califomia.lp.findlaw. com /ca01 _codes /municode
.html. Note that with the passage of AB 962,
local ordinances regarding ammunitions sales
will be superceded by State law. AB 962 is
effective July 1, 2010.
CNECOMM
Anaheim Municipal Code
Title 4. Business Regulation
Chapter 4.99 Retail Sale of Concealable
Firearms
4.99.010. Duly Constituted Licensing Au-
thority. The Finance Director of the City of Ana-
heim, or his or her designated representative, is
designated the City's licensing authority, and is
authorized to issue licenses for the retail sale of
concealable firearms pursuant to Article 4 of the
California Penal Code, commencing with Sec-
tion 12070. The term "Finance Director" as used
herein shall include any representative desig-
nated by the Finance Director pursuant to this
section.
4.99.030. License Required. No person shall
conduct, engage in or carry on the business of
selling, leasing, transferring, advertising, offering
or exposing for sale, lease or transfer conceal-
able firearms without having first obtained a li-
cense from the Finance Director. The license
shall not be transferable. The initial license or
any renewal thereof shall be valid from the date
of issuance through December 31st of the same
calendar year. Notwithstanding any other provi-
sion of this section, no license shall be required
by the City pursuant to this chapter for any activ-
ity which is exempt from such licensing by any
provision of Section 12070 of the Penal Code or
any other provision of state law.
4.99.050. Issuance, Denial and Revocation
of License.
.010. The Finance Director shall issue a f-
cense to an applicant who satisfies all the re-
quirements contained in Penal Code Sections
12070, et seq., and shall deny a license to an
applicant who fails to satisfy any one or more of
those requirements.
.020. Any license issued pursuant to this
chapter may be revoked by the Finance Director
for breach of any of the conditions set forth in
Penal Code Section 12071(a).
.030. If an application for a license is denied,
the Finance Director shall notify the applicant by
certified mail of such denial within thirty days of
the date of receipt of the application.
.040. If a license issued pursuant to this chap-
ter is revoked, the Finance Director shall notify
the licensee by certified mail of such revocation
within ten days of the date of revocation.
.050. Any applicant who is denied a license or
any licensee whose license is revoked may
appeal such action to the City Manager or his
designee within fifteen days after receipt of
notice of denial or revocation by filing a written
notice of appeal and paying any appeal fee as
prescribed by resolution of the City Council with-
in such fifteen day period. The City Manager or
his designee shall review the circumstances of
such denial or revocation and shall render a writ-
ten decision. The action of the City Manager or
his designee shall be final and conclusive.
Title 6. Public Health and Safety
Chapter 6.32. Dangerous Weapons
6.32.010. "Dangerous or Deadly Weapons"
Defined. The term DANGEROUS OR DEADLY
WEAPONS as used in Sections 6.32.010
through 6.32.050 of this chapter includes, but is
not limited to, any dangerous or deadly weapon
within the meaning of any law of this State
restricting the use thereof; and any firearm
other than:
.010. One carried pursuant to valid permit is-
sued by duly authorized governmental authority;
or
.020. Any ordinary rifle or shotgun lawfully
carried for purposes of hunting or other lawful
purpose.
6.32.020. Loitering or Hiding With Con-
cealed Dangerous or Deadly Weapons - Pro-
hibited. It shall be unlawful for any person, while
carrying concealed upon his person any danger-
ous or deadly weapon, to loaf or loiter upon any
public street, sidewalk or alley or to wander
about from place to place with no lawful busi-
ness thereby to perform, or to hide, lurk or loiter
upon or about the premises of another...
6.32.050. Dangerous or Deadly Weapons in
Automobiles For Improper Purposes - Pro-
hibited. It shall be unlawful for any person to
have in his possession, in any automobile, any
dangerous or deadly weapon, but this restriction
shall not be deemed to prohibit the carrying of
ordinary tools or equipment carried in good faith
for uses of honest work, trade or business, or for
the purpose of legitimate sport or recreation.
6.32.110. Exception for Bona Fide Educa-
tional and Recreational Programs. Nothing
contained in Chapter 6.32 shall prohibit the use
of the weapons specified therein in connection
with a bona fide educational or recreational pro-
gram under the supervision of a qualified in-
structor; provided that such program shall have
been approved either by the Board' of Trustees
of any School District or the City Council of the
City of Anaheim.
[Current through Anaheim Ord. 6169 passed
April 27, 20101
Bakersfield Municipal Code
Title 9 Public Peace, Morals and Welfare
VIII. Weapons Offenses
Chapter 9.52. Weapons in Public Buildings
9.52.020. Weapons in owner's place of
business or residence allowed.
Nothing in this chapter shall be construed to
prohibit any citizen of the United States over the
age of eighteen years who resides or Is
temporarily within this city and who is not
exempt by Section 9.52.010, from owning,
possessing, or keeping within his place of
residence or place of business any pistol,
revolver, or other firearm, and no permit or
license to own, possess or keep such firearm at
his place of residence or place of business shall
be required of him.
[Current through Ordinance 4518 and the
August 2008 code supplement]
Page 62
Fremont Municipal Code
Title ill. Public Safety, Welfare and Morals
Chapter 3. Firearms
3 -3100. Sale of weapons to minors. Except
as otherwise provided in section 3 -3103 of this
Code, no persons shall sell, give, loan, or in any
way furnish to any person under the age of six-
teen years, any gun, revolver, pistol, firearm,
spring gun, air gun, B -B gun, sling, slingshot,
bow and arrow, or other device designed or in-
tended to discharge, or capable of discharging,
any dangerous missile.
33101. Sale of ammunition to minors. Ex-
cept as otherwise provided in section 3 -3103 of
this Code, no person shall sell, give, loan, or in
any way furnish, to any person under the age of
sixteen years, any cartridge, shell, ammunition,
or device containing any explosive substance,
designed or intended to be used in, or fired from
any gun, revolver, pistol, or other firearm.
3 -3102. Possession and use of weapons
by minors. Except as otherwise provided in
section 3 -3103 of this Code, no person under
the age of sixteen years shall fire, discharge,
shoot, or operate, or participate in the firing, dis-
charging, shooting, or operating, or have in his
possession, care, custody, or control, any gun,
revolver, pistol, firearm, spring gun, air gun, B -B
gun, sling, slingshot, bow and arrow, or device
designed or intended to discharge,, or capable of
discharging any dangerous missile, or any cart-
ridge, shell, ammunition, or device containing
any explosive substance, designed or intended
to be used in or fired from any gun, revolver,
pistol, or other firearm.
3 -3103. Prohibition does not apply to
licensed hunters. Nothing in section 3 -3100, 3-
3101 or 3 -3102 of this Code shall be deemed or
construed to prohibit the selling, giving, loaning,
or furnishing of any article mentioned in sections
3 -3100 and 3 -3102 of this Code, to any person
under the age of sixteen years who Is the holder
of a valid hunting license issued to such person
in accordance with the provisions of the Fish
and Game Code of the state; nor prohibit any
such licensee under the age of sixteen years
from using or possessing any article mentioned
in section 3 -3102 of this Code. Nothing in this
chapter shall be deemed or construed to prohibit
any person under the age of sixteen years from
firing, discharging, shooting, or operating any
article mentioned in section 3 -3102 of this Code,
when such person is the holder of a valid state
hunting license and is engaged in hunting any
wild game or predatory bird or animal which may
be lawfully hunted and killed, or is lawfully en-
gaged in shooting at any inanimate target or
trapshooting device while accompanied by, and
under the direct care and control of some re-
sponsible adult person, at an established shoot-
ing range with a safe background.
Title V. Businesses, Professions and Trades
Chapter 8. Permit Requirements for Firearms
Dealers
5 -8100. Citation of chapter. This chapter
may be referred to as the "Firearms Dealer Per-
mit Ordinance."
5 -8101. Purpose and findings. The declared
purpose of this chapter is to provide uniform reg-
ulations applicable to all firearm dealers in the
city....
5 -8102. Definitions. The following words and
phrases, whenever used in this chapter, are
defined as follows:
(a) Firearms shall mean any device, designed
to be used as a weapon or modified to be used
as a weapon, from which a projectile is expelled
through a barrel by the force of an explosion or
other form of combustion.
(b) Firearms dealer shall mean a person en-
gaged in the business of selling, transferring,
leasing, or advertising for sale, transfer, or lease
any firearm with the exception of a Bureau of
Alcohol, Tobacco and Firearms Federal Fire-
arms License of Type 03 (collectors of curios
and relics) and Type 01 (limited to those who
engage only in gunsmith activities and does not
conduct any sales transactions). Included in this
definition are persons involved solely in the
warehousing and storage of firearms.
(c) Gunsmith shall mean a person whose oc-
cupation is to design, modify, make or repair
firearms. For the sales of firearms, refer to "fire-
arms dealer" under section 5- 8102(b) of this
chapter.
(d) Engaged in business shall mean the
conduct of a business by the selling, transfer-
ring, or leasing of any firearm; or the preparation
for such conduct of business as evidenced by
the securing of applicable federal and state II-
censes; or the holding of one's self out as en-
gaged in the business of selling, transferring, or
leasing of firearms in quantity, in series, or in in-
dividual transactions, or in any other manner in-
dicative of trade.
(e) Person shall mean any natural person,
firm, corporation, organization, company associ-
ation, business trust, joint -stock company, part-
nership, joint venture, club, or the agent, ser-
vant, manager, officer, employee, or lessee of
any of them, and any municipal, political, or gov-
ernmental corporation, district, body, or agency,
other than the city.
(f) Chief of police shall mean the chief of po-
lice of the city or his /her designee charged with
the administration of this chapter, subject to the
administrative direction of the city manager.
(g) Collector of curios and relics shall mean a
person who is a collector of any antique firearm
or any firearm which is a curio or relic as defined
in Section 178.11 et seq. of Title 27 of the Code
of Federal Regulations and who only possesses
a valid Bureau of Alcohol, Tobacco and Fire-
arms Federal Firearms License of Type 03 (col-
lectors of curios and relics).
(h) Applicant shall mean the firearms dealer
as defined in this chapter who is making applica-
tion to the city for a firearms dealers permit or
gunsmith permit as required by section 12071
(a)(1) of the California Penal Code.
5 -8103. Permit required.
(a) Firearms dealers: No person, partner-
ship, cooperative, corporation, firm, or associa-
tion will engage in the business of operating or
managing any business in the city, which sells,
transfers, leases, or offers or advertises for sale,
transfer, or lease, any firearm without first ob-
taining a firearms dealers permit from the chief
of police. Application for any such permit shall
be made in writing to the chief of police in such
form as shall be prescribed by him /her. The ap-
plicant shall provide all information requested,
including proof of compliance with all applicable
federal, state, and local laws, or the application
will not be deemed complete. Persons who are
collectors of antique firearms as described in
section 5- 8102(g) of this chapter shall not be re-
quired to obtain and maintain a firearms dealers
permit.
(b) Gunsmiths: No person, partnership, co-
operative, corporation, firm, or association will
engage in the business of operating or manag-
ing a business which designs, modifies, makes
or repairs firearms in the city without first obtain-
ing a gunsmith permit from the chief of police.
Application for any such permit shall be made in
writing to the chief of police in such form as shall
be prescribed by him /her. The applicant shall
provide all information requested, including proof
of compliance with all applicable federal, state,
and local laws, or the application will not be
deemed complete.
5 -8104. Application fee.
The application shall be accompanied by a
nonrefundable fee as set forth in the City of
Fremont Master Fee Resolution. The fee shall
include an amount necessary to cover the full
cost of processing, background, issuance,
inspection, enforcement, and hearing
procedures.
5 -8105. Administration of chapter;
application and investigation for permits.
(a) The chief of police shall administer this
chapter.
(b) The chief of police shall conduct an
appropriate investigation to determine the
eligibility of each owner, partner, employee,
manager, officer, agent, lessee, or other
responsible person engaged in the business for
which the applicant is seeking a firearms dealer
permit or gunsmith permit. This investigation
shall be conducted for the protection of the
public safety and to determine if a permit may be
issued. The applicant, owner, partner,
employee, manager, officer, agent, lessee, or
other responsible person engaged in the
business shall fully cooperate by providing
necessary authorization for access to private
records and information.
5 -8106. Permit approval, renewal,
suspension, conditions and revocation
criteria.
The chief of police may issue or renew a
permit only if the following criteria are met. The
chief of police is hereby authorized to adopt all
necessary administrative regulations to carry out
the intent of this section including, but not limited
to, the imposition of additional criteria. The chief
of police may deny a new permit or suspend,
revoke or impose reasonable conditions for
issuance or renewal of an existing permit for
failure to meet the following criteria:
(a) Applicants must be at least twenty -one
years old.
(b) The applicant must hold all required
federal, state and local licenses and
authorizations.
(c) The applicant has no prior revocation, or
denial of similar permit, for good cause within
the last two years.
(d) The applicant has provided accurate
statements of fact on his /her application.
(e) The applicant must have paid all
applicable fees as provided in the City of
Fremont Master Fee Resolution.
(f) The applicant is free of a conviction for any
of the following offenses:
(1) Any offense that would disqualify the
applicant from owning or possessing a firearm
under federal, state and local laws.
(2) Any offense related to the manufacturing,
sale, possession, use, or registration of any
firearm or dangerous or deadly weapon.
(3) Any offense involving the use of force or
violence against the person of another.
(4) Any offense involving the manufacturing,
sale, possession, or use of any controlled
Page 63
substance as defined in the California State
Health and Safety Code.
(g) The applicant is not an unlawful user of
any controlled substance as defined by the
California State Health and Safety Code, or an
excessive user of alcohol to the extent that it
would impair his /her ability to be a dealer in
firearms.
(h) The applicant is not a mental patient in a
hospital or institution, or on leave of absence
from any hospital or institution, or adjudicated by
a court to be a danger to others as a result of a
mental disorder or illness, or a mentally
disordered sex offender, or suffers from any
psychological disturbance which would impair
his /her ability to be a firearms dealer,
(1) The applicant proposes to operate the
business in a manner which complies with all
federal, state, and local laws.
(j) The applicant operates his or her business:
(1) Within a zoning district where the
proposed use is permitted by zoning regulations;
or
(2) Within a zoning district where applicant
has obtained required permits or approvals as
prescribed by this Code and general law.
(k) The applicant can provide evidence of
possessory interest in the property at which
he /she proposes to conduct business.
5 -8107. Security requirements; chief of po-
lice authority to adopt administrative regula-
tions. Firearms security regulations shall be
adopted as provided in this section.
(a) A primary objective of this chapter is to
discourage theft from the premises of firearm
dealers, and to provide a safe and secure facility
for storage and sale of firearms. To this end the
permittee shall comply with all firearms dealer
regulations prescribed by the chief of police. The
chief of police is hereby authorized to adopt all
necessary administrative regulations to carry out
the intent of this chapter.
(b) The chief of police shall adopt firearms
security regulations requiring, but not limited to,
the following:
(1) The provision of secure locks, windows
and doors, adequate lighting and an alarm
security system in accordance with permitted
city security regulations and /or specified by the
chief of police.
(2) The storage of all firearms on the
premises out of reach of customers in secure,
locked locations, so that the access to the
firearms is controlled by the dealer and /or
owner, partner, employee, manager, officer,
agent, lessee, or other responsible person
engaged in the business and to the exclusion of
others. Storage of ammunition, gunpowder or
other flammable or explosive material shall be in
accordance with the Uniform Fire Code and the
city's hazardous material storage [management]
ordinance (Title III, Chapter 12).
Sec. 5 -8108. Permit forms.
All permits issued pursuant to this chapter
shall be in a form prescribed by the attorney
general of the state.
5 -8109. Permit duration.
(a) All permits issued pursuant to this chapter
shall expire one year after the date of issuance,
unless suspended or revoked prior to the
expiration date.
(b) All permits issued pursuant to this chapter
shall be subject to renewal after one year. The
permittee shall file a renewal application and pay
all applicable fees as specified in the City of
Fremont Master Fee Resolution. Such
application will then be reviewed by the chief of
police for compliance with the provisions of this
chapter. A permit will be issued by the chief of
police for a renewal application which meets the
provisions specified in this chapter. The permit
will be valid for one year.
(c) Applications for renewal of an existing
valid permit must be completed and received by
the chief of police, in completed form, no later
than thirty days prior to the expiration of the
current permit.
5 -8111. Permit conditions.
(a) All permits issued pursuant to this chapter
shall be subject to the following conditions. The
violation of any of the listed conditions will be
grounds for suspension or revocation of the per-
mit by the chief of police.
(1) No firearms dealer permit will be issued to
a person engaged in the business of selling,
transferring, leasing, or advertising for sale,
transfer, or lease any firearm from a residence.
(2) The business shall be conducted only in
the building located at the street address indi-
cated on the permit.
(3) The sales of firearms shall be conducted
only by the person(s) listed on the firearms deal-
er permit issued by the city, known as the "per -
mittee. If the permittee is to be assisted by an-
other person such as an owner, partner, employ-
ee, manager, officer, agent, lessee, or other re-
sponsible person engaged in the business of the
sale of firearms, these individuals must be re-
viewed under the requirements of subsections 5-
8106(a), (e), (f), (g), and (h) of this chapter.
(4) The permittee shall comply with sections
12073, 12074, 12076, 12077, and 12082 and
subdivision (b) of section 12072 of the California
State Penal Code, to the extent that the provi-
sions remain in effect.
(5) The permittee shall comply with all sec-
tions of this chapter.
(b) Any permit pursuant to this chapter shall
be subject to additional conditions as the chief of
police deems reasonably related to the purpose
of this chapter.
5 -8112. Permit denial, suspension,
conditioning, revocation, denial of renewal.
(a) The chief of police may deny a new permit
application or suspend, modify, revoke or deny
renewal of an existing permit for failure of the
applicant or permittee to satisfy any of the
criteria provided in section 5 -8106 (permit
approval, renewal, suspension, conditions and
revocation criteria), section 5 -8107 (security
requirements; chief of police authority to adopt
administrative regulations), section 5 -8110
(permit transition period), section 5 -8111 (permit
conditions), section 5 -8115 (permit liability
insurance), and section 5 -8116 (inspection
authority) of this chapter.
(b) Any decision to deny a new permit
application, suspend, revoke, modify or deny
renewal of an existing permit shall be given to
the applicant or permittee in writing, addressed
to the permittee or applicant at the address on
the application, and shall set forth the factual
and legal grounds for the decision.
5 -8115. Permit liability insurance.
(a) No firearms dealer permit shall be issued
or renewed pursuant to this chapter unless there
is in full force and effect prior to issuance of a
permit or renewal a policy of insurance in such
form that the city attorney and city risk manager
deems proper, executed by an insurance com-
pany approved by the city attorney whereby the
applicant or permittee is insured against liability
for damage to property and for injury to or death
of any person as a result of the sale, transfer or
lease, or advertising for sale, transfer or lease,
or advertising for lease, any firearm. The mink
mum liability limits shall not be less than one mil-
lion dollars for damages to or destruction of
property in any one incident, and one million dol-
lars for the death or injury of any one person
provided, however, that additional amounts may
be required by the city attorney if deemed nec-
essary. Person(s) engaged in the business of
operating or managing a gunsmith business
which designs, modifies, makes or repairs fire-
arms will not be required to obtain and maintain
liability insurance as discussed in this section.
(b) The policy of insurance shall name the
city, its officers, agents and employees as addi-
tional insureds. Applicants and permittees shall
indemnify, defend and hold harmless the city, its
officers, agents, and employees, from claims
arising from the negligence of the applicant or
permittee. Such policy of insurance shall contain
an endorsement providing that the policy will not
be canceled until notice in writing has been
given to the chief of police sixty days prior to
cancellation.
(c) A federally licensed firearms dealer pos-
sessing a home occupation permit for the sale of
firearms from his /her residence shall be
exempted from this requirement.
5 -8116. Inspection authority.
The chief of police or his /her designee shall
have the right to enter any firearms dealer
establishment from time to time during regular
business hours to make reasonable inspections
to ascertain whether the provisions of this
chapter are being complied with. A warrant shall
be obtained whenever required by law.
5 -8117. Compliance.
Any person engaging in the business of selling,
transferring, or leasing, or advertising for sale,
transfer, or lease, or offering for sale, transfer, or
lease, any firearm on the effective date of this
chapter shall have sixty days from the effective
date to comply with the provisions of this
chapter.
5 -8118. Temporary suspension.
(a) If a firearm dealer violates any federal,
state or local county or city law, the chief of
police may immediately suspend the right of the
dealer to sell firearms.
(b) The temporary suspension will not exceed
three days. If the violation results in a criminal
charge filed by a federal, state, or county district
attorney such permit to sell firearms may be sus-
pended until the case is adjudicated in a court of
law.
(c) Notice of suspension and rights to appeal
and costs shall be the same as provided in sec-
tion 5 -8112 (permit denial', suspension, condi-
tioning, revocation, denial of renewal), section 5-
8113 (appeal of adverse action) and section 5-
8114 (costs of appeal and attorney fees) of this
chapter.
[Codified through Ord. No. 11 -20D9, adopted
May 12, 2009]
Municipal Code and Charter of Fresno
Article 26 Crimes Against Public Health and
Safety
9 -2601. Use and Possession of Weapons.
(a) No person shall discharge a firearm into or
within the city.
(b) No person shall propel a missile by, or
possess a sling shot, slung shot, bow or other
instrument commonly used or which is designed
for the throwing of any shot, bullet, rock, stone,
arrow, or other missile.
Page 64
(c) No person shall hunt wildlife with any
weapon described in this section.
(d) No person under the age of eighteen
years shall have in his or her possession any
firearm within the city limits unless he or she, at
all times during the possession, (1) has on his or
her person the written consent of his or her
parent or legal guardian, or (2) is accompanied
by his or her parent or legal guardian, or (3) is
participating in and going to and from an
organized, lawful recreational or competitive
shooting activity or lawful hunting activity. As
used in this subdivision (d), "firearm" means any
firearm except (1) any pistol, revolver or firearm
capable of being concealed upon the person as
described in California Penal Code Section
12001, or (2) a B -B gun, pellet gun or spot -
marking gun as described in California Penal
Code Section 12001.1, or (3) any other firearm
the possession of which by minors is regulated
by State law.
(e) This section shall not be deemed to make
punishable the act of carrying or discharging a
weapon in the lawful discharge of his or her
duties by a public officer, or private person duly
licensed therefor.
(f) This section shall not apply to the keeping
of weapons at a place of business or residence
by a person eighteen years of age or older
lawfully in possession of the property.
(g) This section shall not apply to the keeping
or use of weapons on the premises of any
shooting gallery, practice range, skeet field,
archery range, or similar place conducted at a
fixed location and with regard to which adequate
safeguards have been provided to protect
persons and property from injury.
(h) This section shall not apply to an
organized hunt for the purpose of ridding
premises larger than one acre of vermin, when
the setting of traps or poison is impractical and
the Chief of Police has approved the time, place,
and method of the hunt.
(i) No parent, guardian, or any adult person
having the control, custody, or charge of any
person under the age of eighteen years, shall
knowingly permit, allow, or let said person to use
or possess a weapon in violation of this section.
(j) The Chief of Police is authorized to seize
and impound any weapon which is kept,
possessed or used in violation of this section, or
the missile thereof, and to hold the same for a
period of thirty days and until thereafter claimed
by its owner, Such articles may not be returned
to any person under the age of eighteen years
but may be returned to his or her guardian or
parent.
(k) This section shall not be deemed to make
punishable an .act or acts which are allowed or
prohibited by any law of the State.
[Fresno Municipal Code Codified through
Ordinance No. 2009 -19, effective May 31,
2009]
Fresno County Ordinance Code
Title 10 Public Peace, Morals and Welfare
Chapter 10.44 Possession and Discharge
10.44.010 By minors.
It is unlawful for any person under the age of
fourteen years, unless accompanied by an adult
person, to carry on his person or have in his
possession any pistol, rifle, gun or other firearm,
unless such minor is regularly enlisted in some
military organization of this state or the United
States or is taking a course in military
instruction. (Ord. 371 -N § 1 (part), 1974.)
[Fresno County Ordinance Code current
through Ordinance 09 -14, passed May 5,
2009]
Glendale Municipal Code
Title 9. Public Peace and Welfare
Chapter 9.24. Weapons
9.24.055. Firearms and weapons generally
Persons under age eighteen not to possess
firearms, ammunition, etc. No person under
the age of eighteen years shall have in his or her
possession, care, custody or control in the city,
any gun, revolver, pistol, spring or air gun, or
firearm of any description, or any cartridge, shell
or other device containing any explosive, or any
cartridge, shell or other device designed and in-
tended for use in connection with any gun, re-
volver, pistol or firearm of any description, or any
ammunition of any description containing any
explosive.
9.24.070 Firearms and weapons generally- -
Issuance of permit required.
The chief of police shall have power to issue to
any person a permit in writing to shoot or
discharge any weapon when, in the judgment of
the chief of police, such person is suitable to
discharge weapons, is likely to handle the same
so as not to endanger any person, and when a
reasonable necessity exists for the weapon to
be discharged. Any person desiring such a
permit shall make written application to the chief
of police. Any permit issued by the chief of
police hereunder shall be in effect for such
period as may be therein stated, but not more
than twelve (12) months from the date thereof,
and shall state the name, address and
occupation of the person to whom the same is
issued, the date of its issuance and the date of
its expiration, and the kind and description of
weapon authorized to be discharged.
[Glendale Municipal Code current through
Ordinances through 5648, passed March 24,
2009]
Long Beach Municipal Code
Title 5. Regulation of Businesses, Trades and
Professions
Chapter 5.36. Firearms Dealer
5.36.010. Permit- Required. No person shall
engage in, carry on or conduct the business of a
firearms dealer without first having obtained a
permit in accordance with this Chapter and com-
plying with any and all requirements and regula-
tions set forth in this Chapter.
5.36.020. Permit application. Each person,
before obtaining a permit to carry on the busi-
ness of selling firearms, shall make a written ap-
plication on forms furnished by the Chief of
Police, which shall be signed by the applicant.
Every applicant must provide all documents re-
quired pursuant to Section 12071 of the Califor-
nia Penal Code.
Title 9. Public Peace, Morals and Welfare
Chapter 9.52. Firearms
9.52.010. Sale of ammunition prohibited.
No person as principal, agent or otherwise, shall
sell, exchange, give or loan any BB shot, pellet,
or other missile designed or intended for use in
any spring gun, air gun, air pistol or other pistol
or gun, or any cartridge, shell or other device
containing any explosive and designed or in-
tended for use in any gun, revolver, pistol, or
firearm of any description to any person under
the age of eighteen years.
9.52.020. Possession prohibited. No per-
son, as principal, agent or otherwise, under the
age of eighteen years, shall have in his or her
possession, care, custody or control, any gun,
revolver, pistol, spring gun, air gun or firearm of
any description, or any cartridge, shell or other
device containing any explosive, and designed
or intended for use in any gun, revolver, pistol or
firearm of any description, or any explosive
ammunition of any description whatsoever.
[Current through Ord. No. ORD -10 -0024,
enacted August 17, 20101
Los Angeles County Code
Title 7. Business Licenses
Division 2. Specific Businesses
Chapter 7.46. Gun Dealers
7.46.010. Gun dealer defined. "Gun dealer"
means any person, firm or corporation who sells
or otherwise transfers to the public any pistol, re-
volver, rifle, shotgun, or other firearm, including
those persons required by Section 12070(a) of
the California Penal Code to obtain a license
under California Penal Code Section 12071.
"Gun dealer" also includes any person, firm or
corporation who purchases, takes in trade or
accepts on consignment from the public any
firearm of any type, including, but not limited to
pistols, revolvers, rifles and shotguns.
7.46.020. License - Required. Every gun
dealer shall first procure a license and pay an
annual license fee in the amount set forth in
Section 7.14.010 of this title, under the appro-
priate heading.
7.46.030. License - Granted subject to spe-
cific conditions. If a license is granted under
this chapter, it shall be subject to the conditions
set forth in Penal Code Section 12071, for
breach of any of which the license shall be sub-
ject to forfeiture.
7.46.040. Records and reporting require-
ment. In addition to properly maintaining all rec-
ords and documents required by state and fed-
eral laws, a gun dealer, upon purchasing, taking
in trade or accepting on consignment from the
public any firearm of any type, shall comply with
buy -form requirements as enumerated in Part 7
of Chapter 7.76 of this title, beginning with Sec-
tion 7.76.310. A gun dealer shall also be re-
quired to report every sale, lease, or other trans-
fer of a firearm to the sheriff on a form pre-
scribed by the sheriff.
7.46.050. Inspection. Upon the request of
any designated sheriff representative or any
peace officer, a gun dealer shall (1) furnish all
records pertaining to the gun dealer's transac-
tions, including, but not limited to, all records
required to be maintained by law, and (2) shall
permit an inspection of those portions of the
Page 65
licensed premises where the firearms and fire-
arm accessories are located.
7.46.060. Conditions for granting license.
No license or renewal license shall be issued
under this chapter unless, in addition to the re-
quirements set forth in Section 7.46.030 and
Section 7.46.040 above, the gun dealer satisfies
each of the following conditions:
A. The gun dealer, and all officers, employ-
ees, and agents of said gun dealer, are at least
21 years of age;
B. Neither the gun dealer, nor any officer, em-
ployee, or agent of said gun dealer, has had a
similar type license previously revoked or denied
within the immediately preceding two years;
C. Neither the gun dealer, nor any officer, em-
ployee, or agent of said gun dealer, has been
convicted of:
1. Any offense disqualifying said individual
from owning or possessing a firearm under
applicable federal, state, or local laws,
2. Any offense relating to the manufacture,
sale, possession, use, or registration of any fire-
arm or dangerous or deadly weapon,
3. Any offense involving the use of force or
violence upon the person of another,
4. Any offense involving theft, fraud, dis-
honesty, or deceit,
5. Any offense involving the manufacture,
sale, possession, or use of any controlled sub-
stance as defined by the California Health and
Safety Code, as said definition now reads or
may hereafter be amended to read;
D. The gun dealer has a fixed place of
business where all licensed activities will be con-
ducted as required by Section 7.04,060 of this
code. The storing of all firearms and munitions
shall occur at said fixed place of business. Un-
der no circumstance may the address of the
fixed place of business be either a United States
Post Office box or a private commercial mailbox.
The gun dealer shall provide evidence as owner,
lessee or other legal occupant of said fixed
place of business. The license shall specify the
Post Office address of said fixed place of bus-
iness;
E. The gun dealer's fixed place of business
shall not be located in any area or district that is
zoned for residential use;
F. The gun dealer has agreed to indemnify,
defend and hold harmless the county of Los An-
geles, its officers, agents and employees, from
claims arising from the negligent or intentional
acts of said gun dealer;
G. In connection with every firearm sold,
leased, or otherwise transferred by a gun dealer,
said gun dealer must also sell or otherwise
provide a trigger lock or similar device reviewed
and approved by the sheriff that is designed to
prevent the unintentional discharge of the fire-
arm;
H. The gun dealer has obtained a policy of
insurance as provided in Section 7.46.070 be-
low; and
I. The gun dealer has complied with the
security requirements as provided in Section
7.46.080 below.
7.46.070. Liability insurance.
A. No license or renewal license shall be is-
sued under this chapter unless the gun dealer
carries and maintains in full force and effect a
policy of insurance, as described in this subsec-
tion, in a form approved by the county of Los
Angeles and executed by an insurance company
admitted to do business in the state of Califor-
nia. This policy of insurance shall insure the gun
dealer against liability for damage to property
and for injury to or death of any person as a re-
suit of the sale, lease, or transfer, or the offering
for sale, lease, or transfer, of a firearm. The min-
imum liability limits shall not be less than
$1,000,000.00 for each incident of damage to
property or incident of injury or death to a
person. The policy shall name the county of Los
Angeles as an additional insured.
B. The policy of insurance shall contain an
endorsement providing that said policy shall not
be canceled until notice in writing has been giv-
en to the office of the treasurer and tax collector
at least 30 days prior to the time the cancellation
becomes effective.
C. If at any time the gun dealer's policy of in-
surance expires, said gun dealer's license under
this chapter will automatically be suspended pur-
suant to Section 7.08.240 and Section 7.08.250
of this code.
7.46.080. Security requirements.
A. No license or renewal license shall be is-
sued under this chapter unless the gun dealer
adheres to security measures as required by the
sheriff. These security measures shall include,
but not be limited to, the following:
1. The provision of adequate lighting, secure
locks, windows, and doors, and fire and theft
alarms, as each such item is specified and ap-
proved by both the sheriff and the fire depart-
ment; and
2. The storing of all firearms and munitions on
the premises out of reach of customers in se-
cure, locked facilities, so that access to firearms
and munitions shall be controlled by the gun
dealer or employees of the gun dealer to the ex-
clusion of all others.
B. Upon written request by the gun dealer, the
sheriff may approve alternative security meas-
ures which he /she determines will provide equiv-
alent or superior security to the premises as the
measures required under subsection A above.
7.46.095. Officers, employees and agents
of gun dealers defined. Any reference in this
chapter to an officer, employee or agent of a gun
dealer shall apply only to those persons who
directly participate in firearm sale transactions.
7.46.100. Penalty. Any gun dealer violating
the provisions of this chapter is guilty of a misde-
meanor, punishable by a fine not to exceed
$1,000.00, or imprisonment for a term not to ex-
ceed six months, or both. This penalty is in addi-
tion to all other penalties provided by law, and to
the immediate revocation of the gun dealer's
license granted under this chapter.
Title 13. Public Peace, Morals and Welfare
Division 8. Weapons
Chapter 13.67. Prohibition on the Sale of
Firearms and Ammunition on County
Property
13.67.030. Prohibition. The sale of firearms
and /or ammunition on county property is pro-
hibited.
13.67.040. Definitions. As used in this chap-
ter, the words hereinafter defined are used as so
defined unless it is apparent from the context
that a different meaning is intended.
A. County Properly. "County property" In-
cludes real property owned, leased, subleased,
or otherwise assigned by the county, or real
property subject to the use and control of the
county. It includes real property of the county in
the possession of a public or private entity under
contract with the county. By way of example, it
includes all public buildings and the surrounding
grounds owned or leased by the county in the
unincorporated and incorporated portions of the
county, such as the Los Angeles County Fair-
grounds in the city of Pomona.
B. Firearm. "Firearm" includes all devices de-
scribed in California Penal Code Section 12001,
including, but not limited to, any gun, pistol, re-
volver, rifle or any device, designed or modified
to be used as a weapon, from which is expelled
through a barrel a projectile by the force of an
explosion or other form of combustion. "Firearm"
does not include any instrument as referred to in
Government Code Section 53071.5.
C. Ammunition. "Ammunition" is any ammu-
nition as defined in California Penal Code Sec-
tion 12316(b)(2).
D. Peace Officer. "Peace officer" is any per-
son who is a peace officer as defined in Title 3,
Part 2, Chapter 4.5 of the California Penal Code
(Sections 830, et seq.).
E. Sate. A "sale" is any transaction, with or
without the exchange of consideration, which
transfers ownership, title, possession, or control
of any firearm, or gives, loans, leases, or deliv-
ers a firearm. A "sale" includes the act of placing
an order for any of the aforementioned transfers.
The act of displaying a firearm shall not consti-
tute a sale for purposes of this chapter.
13.67.050. Exceptions. Section 13.67.030
shall not apply to the sale of any firearm by a
peace officer when on duty and the sale of such
firearm is within the scope of his /her duties. In
addition, said section shall not apply to: (A)
either the sale of ammunition, or the rental of
any firearm, for on -site recreational use, at the
Whittier Narrows Trap and Skeet Range within
the Whittier Narrows Regional Park; or (B) the
sale of shotguns, as defined in California Penal
Code section 12020(c)(21), but no other
firearms, at the aforementioned Whittier Narrows
Trap and Skeet Range during the remaining
term of that certain Lease Agreement No.
59348, originally entered into between the
Country of Los Angeles and Pachmayr, Limited;
or (C) to the public administrator in the
distribution of a private estate or to the sale of
firearms by its auctioneer to fulfill Its obligations
under state law.
13.67.060. Penalty. Every violation of this
chapter shall constitute a misdemeanor.
[Los Angeles County Code current through
Ordinance 2009 -0026]
Los Angeles Municipal Code
Chapter V. Public Safety and Protection
Article 5. Firearms - Dangerous Weapons
55.09. Ammunition Sales.
(a) The term "firearm ammunition ", as used in
this section, shall include any ammunition for
use in pistols, revolvers, rifles, shot guns, or any
other device designed to be used as a weapon
from which is expelled a projectile by the force of
explosion or other form of combustion.
(b) Except as specified in Subsection (c) and
(d), no person, including retail gun dealers, shall
sell, give, lend or transfer ownership of any fire-
arm ammunition during the period of seven days
prior to the first day of January of each year or
on the first day of January of each year, or dur-
ing the seven days prior to the Fourth of July of
each year or on the Fourth of July of each year.
(c) Nothing in this section shall prohibit the
sale or transfer of ownership of firearm ammuni-
tion by a wholesale gun dealer to another whole-
sale gun dealer or by a wholesale gun dealer to
Page 66
a retail gun dealer, or of ammunition requested
by Section 12324 of the Penal Code of the State
of California.
(d) Nothing in this section shall prohibit sale to
or acquisition by any person described in Sec-
tion 12302 or 12322 of the Penal Code of the
State of California.
(e) The provisions of this section shall not
apply to the sale of any firearm ammunition
when such sale is prohibited by Sections 12303,
12303.6, 12304 or 12321 of the Penal Code of
the State of California, or is otherwise prohibited
by Chapter 2.5, Title 2, Part 4, of the Penal
Code of the State of California.
55.11. Requirements for Ammunition
Sales.
(a) "Firearm Ammunition" means any self -
contained unit consisting of the case, primer,
propellant charge, and projectile for use in
pistols, revolvers, rifles, shot guns, or any other
device designed to be used as a weapon from
which is expelled a projectile by the force of
explosion or other form of combustion. "Firearm
Ammunition" shall not include blank ammunition
used solely in the course of motion picture,
television, video, or theatrical productions.
(b) The term "vendor ", as used in this section,
shall mean any person who is engaged in the re-
tail sale of firearm ammunition and retail fire-
arms dealers.
(c) No vendor shall sell or otherwise transfer
ownership of any firearm ammunition without at
the time of purchase recording the following in-
formation on a form to be prescribed by the
Board of Police Commissioners:
1. the date of the transaction,
2. the name, address and date of birth of the
transferee,
3. the transferee's driver's license or other
identification number and the state in which it
was issued,
4. the brand, type and amount of ammunition
transferred,
5. the transferee's signature, and
6. the name of the sales person who pro-
cessed the transaction.
The vendor shall also at the time of purchase
or transfer obtain the right thumbprint of the pur-
chaser or transferee on the above form.
(d) No vendor shall sell or otherwise transfer
ownership of any firearm ammunition without
complying with all requirements of subsection (c)
in a face -to -face transaction.
(e) The records required by this section shall
be maintained on the premises of the vendor for
a period of not less than two (2) years from the
date of the recorded transfer. Said records shall
be subject to inspection at any time during
normal business hours in accordance with the
provisions of Section 103.14 of this Code.
(f) No person shall knowingly make a false
entry in, or fail to make a required entry in, or fail
to obtain the required thumbprint, or fail to
maintain in the required manner records pre-
pared in accordance herewith. No person shall
refuse to permit a police department employee
to examine any record prepared in accordance
with this section during any inspection con-
ducted pursuant to this section, or refuse to per-
mit the use of any record or information there-
from by the police department.
(g) The requirements of this section shall not
apply to:
1. any person described in Section 12302 or
12322 of the Penal Code of the State of
California.
2. any off -duty peace officer who displays
proper agency identification which identifies him
or her as an active peace officer.
3. any person who has been issued a permit
to carry a concealed weapon under the authority
of Section 12050 of the Penal Code of the State
of California.
4. any security guard licensed under the
authority of Section 12033 of the Penal Code of
the State of California.
5. any firearms dealer who has been issued a
Federal Firearms License, a Certificate of
Eligibility by the State of California and a Seller
of Firearms Police Permit by the City of Los
Angeles.
6. any firearm ammunition vendor who has
been issued a Seller of Ammunition Police
Permit by the City of Los Angeles.
(g) Violation of this section shall constitute a
misdemeanor.
55.12. Duty to Report Theft or Loss of
Firearms; Exemptions.
A. Any person who owns or possesses a
firearm (as defined in Penal Code Section
12001(b) or as amended) shall report the theft or
loss of the firearm to the Los Angeles Police
Department within 48 hours of becoming aware
of the theft or loss, whenever: (1) the person
resides in the City of Los Angeles; or (2) the
theft or loss of the firearm occurs in the City of
Los Angeles.
B. Any person who has experienced the theft
or loss of a firearm within the five years prior to
the effective date of this ordinance without the
firearm having been recovered during that
period, and who otherwise meets the reporting
requirements in Section A. above, is required to
report the loss or theft of the firearm to the Los
Angeles Police Department within 60 days of the
effective date of this ordinance.
C. Any person who fails to report the theft or
loss of a firearm as required in Subsections A. or
B., when the person knew or should have known
of the theft or loss, shall be guilty of a
misdemeanor.
D. Persons licensed to sell or manufacture
firearms pursuant to Penal Code Sections 12071
or 12086 are exempt from this section, if the
firearm lost or stolen was business
merchandise, was lost or stolen from their
firearm- related business, or was in their
possession pursuant to Penal Code Section
12082.
E. If any provision of this ordinance is found to
be unconstitutional or otherwise invalid by any
court of competent jurisdiction, that invalidity
shall not affect the remaining provisions, which
can be implemented without the invalid
provisions, and to this end, the provisions of this
ordinance are declared to be severable.
55.12.1. Disposal of Firearms and
Ammunition.
(a) Definitions.
1. "Firearm," as used in this section, means
any pistol, rifle, shotgun or other device
designed to be used as a weapon, from which a
projectile is expelled through a barrel by the
force of an explosion or any other form of
combustion, or any device that is capable of
being altered so as to expel a projectile in that
manner. The term firearm includes the frame of
such weapon.
2. 'Ammunition," as used in this section,
means any projectile designed to be expelled
through the barrel of a firearm by the force of
any explosion or other form of combustion,
including, but not limited to, cartridge cases,
primers, bullets, or propellant powder.
(b) Disposal of a firearm and /or ammunition in
the City of Los Angeles shall only be
accomplished in either of the following two ways:
1. By selling, giving away or otherwise
transferring the firearm and /or ammunition in
accordance with all applicable provisions of the
California Penal Code, Welfare and Institutions
Code, and this Code; or
2. By surrendering the firearm and /or
ammunition to a California law enforcement
agency for the purpose of destruction.
(c) Any person in the City of Los Angeles who
disposes of a firearm and /or ammunition in any
manner other than as required by this section,
including, but not limited to, by depositing those
item(s) in a public trash receptacle or leaving in
any public place, is guilty of a misdemeanor.
55.13. Sale of Ammunition Clips and
Similar Devices.
(a) No person shall sell or otherwise transfer
to any other person a clip, magazine, belt, drum,
feed strip or similar device which has a capacity
of, or which can be readily restored or converted
to accept, more than ten rounds of ammunition.
(b) The provisions of this section shall not
apply to:
1. the sale or transfer of such devices to any
person described in Section 12302 or 12322 of
the Penal Code of the State of California, or
2. the sale or transfer of ownership of such a
device by a wholesale gun dealer to another
wholesale gun dealer or by a wholesale gun
dealer to a retail gun dealer, or
3. any entity or establishment engaged in the
business of motion picture, television, video, the-
atrical, or re- enactment production, provided the
clip, magazine, belt, drum, feed strip or similar
device is used solely as a prop in the course of
motion picture, television, video, theater, or re-
enactment production by an authorized partici-
pant therein or by an authorized agent or
employee of the entity or establishment, and
only if the entity or establishment properly
secures such clip, magazine, belt, drum, feed
strip or similar device from unauthorized use, or
4. any federal, state or local historical society,
museum or institutional collection which is open
to the public provided any such clip, magazine,
belt, drum, feed strip or similar device is properly
housed, secured from unauthorized handling
and is unloaded.
55.14. Sale or Purchase of More than One
Handgun within a Thirty Day Period Pro -
hibited.
(a) The term "dealer" shall mean a retail fire-
arms dealer licensed by the City of Los Angeles.
(b) No person shall make application to a
dealer, as provided in Section 12072 of the Cali-
fornia Penal Code, to purchase a pistol, revolver
or other firearm capable of being concealed
upon the person, herein referred to as "hand-
gun ", within thirty (30) days of making a prior ap-
plication for the purchase of a handgun within
the State of California. In computing the thirty
(30) day period, the date the application is made
shall be counted as the first day.
(c) No dealer shall transfer the title of any
handgun to any person whom the dealer knows
has made application to purchase more than
one handgun within the State of California within
a thirty (30) day period prior thereto, nor shall
any dealer process a handgun transaction be-
tween unlicensed parties pursuant to California
Penal Code Section 12072 if the dealer knows
that the one receiving the handgun has made
application to purchase more than one handgun
within the State of California within a thirty (30)
day period prior thereto.
Page 67
(d) No dealer shall transfer the title of any
handgun to any person or process a handgun
transaction between unlicensed parties pursuant
to California Penal Code Section 12072 if the
dealer prior to transfer has received notice from
the California Department of Justice, herein re-
ferred to as the "DOJ," that DOJ has received an
application for that person to purchase a hand-
gun within the State of California within a thirty
(30) day period prior thereto. For the purposes
of this subsection, the date of application of pur-
chase shall be the date the DOJ receives the
Dealer Record of Sale or receives the transmis-
sion of required information by any medium of
communication authorized understate law.
(e) For the purposes of this section, the re-
demption of a handgun pledged to a pawnbroker
shall not be deemed the sale, purchase or trans-
fer of title of that handgun. However, a dealer
may not rely on this exemption unless the pur-
chaser provides proof that the transaction was
the redemption of a handgun pawned to a pawn-
broker by the purchaser.
(f) Each dealer shall maintain records of each
sale of a handgun to include the name of the
purchaser, type of handgun, date of sale, and
any other information required by the Board of
Police Commissioners. Such records shall be
maintained on the premises of the dealer for a
period of not less than two (2) years and shall be
subject to inspection at any time during normal
business hours.
(g) Each dealer shall post a sign in a conspic-
uous place with letters at least one inch high
stating the obligations and restrictions of pur-
chasers and dealers under this ordinance, pur-
suant to direction by the Board of Police Com-
missioners.
(h) The dealer shall require the purchaser, at
the time of application for purchase, to indicate,
on a form prescribed by the Board of Police
Commissioners, whether he or she has or has
not made an application for the purchase of a
handgun within the last thirty (30) days, and
which if any of the exemptions set forth in Sub-
section (i) is applicable to the purchaser. If any
of the exemptions is checked, the restrictions of
this section shall not apply, provided all neces-
sary information is supplied to the dealer. The
form shall be signed by the purchaser under
penalty of perjury. Such form shall be main-
tained on the premises of the dealer for a period
of not less than two (2) years from the date of
signing and shall be subject to inspection at any
time during normal business hours.
(1) The provisions of this section shall not
apply to the following:
1. Any person who is licensed to sell firearms
pursuant to Article 4, commencing with Section
12070, of the Penal Code of the State of
California.
2. Any law enforcement agency.
3. Any agency duly authorized to perform law
enforcement duties.
4. Any state or local correctional facility.
5. Any private security company licensed to
do business in the State of California.
6. Any person who is properly identified as a
full -time paid peace officer, as defined in Section
830.1, 830.2, 830.4, or 830.5 of the Penal Code
of the State of California, and who is authorized
to, and does, carry a firearm during the course
and scope of his or her employment as a peace
officer.
7. Any antique firearm, as defined in Para-
graph (16) of Subsection (a) of Section 921 of
Title 18 of the United States Code.
8. Any person or entity who purchases fire-
arms in a collector's series or a bulk purchase
from an estate sale.
9. Any motion picture, television, or video pro-
duction company, or entertainment or theatrical
company whose production involves the use of a
handgun, and which secures such handgun from
unauthorized use.
10. Any person who is exempt from the wait-
ing period in Subdivision (c) of Section 12072 of
the Penal Code of the State of California.
11. Any person who is exempt from the provi-
sions of Subdivision (d) of Section 12072 of the
Penal Code of the State of California.
12. Any person or entity conducting a trans-
action through a law enforcement agency pursu-
ant to Section 12084 of the Penal Code of the
State of California.
13. Any person or entity conducting a trans-
action described in Subdivision (k) of Section
12078 of the Penal Code of the State of
California.
14. Any person who is licensed as a collector
pursuant to Chapter 44, (commencing with Sec-
tion 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, and
who has a current certificate of eligibility issued
to him or her by the Department of Justice pur-
suant to Section 12071 of the Penal Code of the
State of California.
15. Any person or entity acquiring a handgun
by bequest or intestate succession.
16. Any person or entity replacing a single
handgun where the handgun was lost or stolen,
and the person reported that firearm lost or stol-
en to the Los Angeles Police Department or ap-
propriate law enforcement agency and presents
the dealer with evidence of such reporting.
17. Any seller's exchange or replacement of a
handgun for a handgun purchased from that sel-
ler within the thirty (30) day period immediately
preceding the date of exchange or replacement.
(j) Violation of Subsection (b) shall be punish-
able as an infraction subject to a fine of $50.00
for the first violation of that subsection, as an in-
fraction subject to a fine of $100.00 for the sec-
ond violation of the subsection and as a misde-
meanor for the third or subsequent violations of
that subsection. Each handgun applied for shall
be deemed a separate violation.
(k) If any provision of this section is for any
reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdic-
tion within the State of California, such decision
shall not affect the validity of the remaining pro-
visions and the City declares that it would have
adopted the remaining provisions irrespective of
the fact that a provision or provisions are de-
clared invalid or unconstitutional.
55.15. Fingerprinting of Firearms Purchas-
ers.
(a) As used in this section, the term "firearm"
shall mean any pistol, revolver, shotgun, rifle, or
other firearm, as that term is defined in Section
103.314 of this Code.
(b) As used in this section, the term "dealer"
shall mean any person who is engaged in the re-
tail sale of firearms and any retail firearms deal-
er, as that term Is defined in Section 103.314 of
this Code.
(c) No dealer shall sell or otherwise transfer
ownership of any firearm without obtaining the
right thumbprint of the purchaser or transferee
on the California Department of Justice Dealer
Record of Sale of Firearm worksheet signed by
the purchaser or transferee. The thumbprint
shall be recorded at the lower right hand comer
on the back side of the worksheet at the time
that the worksheet is signed by the purchaser or
transferee.
(d) The thumbprint record required by this
section shall be maintained on the premises of
the dealer throughout the time period during
which the Dealer Record of Sale is required to
be maintained by the dealer. Such record shall
be subject to inspection at any time during
normal business hours in accordance with the
provisions of Section 103.14 of this Code.
(e) No person shall knowingly fail to obtain a
required thumbprint, or knowingly fail to main-
tain the record of a thumbprint required by this
section. No person shall refuse to permit a law
enforcement employee to examine any record
prepared in accordance with this section during
any inspection conducted pursuant to this
section, or refuse to permit the use of any such
record or information in such record by a law
enforcement agency.
(f) The requirements of this section shall not
apply when the purchaser or transferee is any of
the following:
(1) Any person described in Section 12302 or
12322 of the California Penal Code;
(2) Any off -duty peace officer who displays
proper agency identification which identifies him
or her as an active peace officer;
(3) Any person who has been issued a permit
to carry a concealed weapon under the authority
of Section 12050 of the California Penal Code;
(4) Any security guard licensed under the au-
thority of Section 12033 of the California Penal
Code;
(5) Any firearms dealer who has been issued
a Federal Firearms License, a Certificate of
Eligibility by the State of California, and a Seller
of Firearms Permit by the City of Los Angeles.
(g) Any violation of this section shall cons-
titute a misdemeanor.
55.16. Sale of Ultracompact Firearms Pro-
hibited.
(a) As used in this section, the term "ultra -
compact firearm" shall mean any pistol, revolver,
or other firearm, which has an overall length of
six and three quarter inches (6.75 ") or less or an
overall height of four and one half inches (4.5 ")
or less, as measured with the magazine de-
tached.
(b) As used in this section, the term "dealer"
shall mean any person who is engaged in the
retail sale of firearms and any retail firearms
dealer, as that term is defined In Section
103.314 of this code.
(c) No dealer or other person shall sell, lend,
give, transfer ownership of, or otherwise transfer
to any other person any ultracompact firearm.
(d) No dealer shall process, pursuant to Penal
Code Section 12072(d), any ultracompact fire-
arm transaction between persons not licensed
as firearms dealers or not possessing Federal
Firearms Licenses.
(e) No dealer or other person shall sell, lend,
give, transfer ownership of, or otherwise transfer
to any other person any firearm accessory de-
signed to enable or facilitate the carrying of any
ultracompact firearm, including but not limited to
shoulder holsters, ankle holsters, belt holsters,
and other devices designed for the purpose of
aiding the concealment of an ultracompact fire-
arm, unless such accessory is designed so that
it can be used with a firearm larger than an
ultracompact firearm.
(f) The provisions of Subsections (c), (d), and
(e) of this section shall not apply when the
purchaser or transferee is any of the following:
(1) Any law enforcement agency;
Page 68
(2) Any agency duly authorized to perform law
enforcement duties;
(3) Any state or local correctional facility;
(4) Any private security company licensed to
do business in the State of California or
employee thereof authorized to cant' a firearm
within the course and scope of his or her
employment with such company;
(5) Any person properly identified as a full -
time paid peace officer, as defined in California
Penal Code Sections 830.1, 830.2, 830.4, or
830.5, and who is authorized to carry and does
carry a firearm within the course and scope of
his or her employment as a peace officer;
(6) Any person properly identified as a retired
peace officer;
(7) Any person described in Section 12302 or
12322 of the California Penal Code;
(8) Any person with a valid license to carry a
concealed weapon issued pursuant to California
Penal Code section 12050;
(9) The purchaser of an antique firearm, as
defined in Paragraph (16) of Subsection (a) of
Section 921 of the United States Code;
(10) The purchaser of a firearm in a collector's
series, provided that such firearm falls within the
definition of a curio or relic contained in Section
178.11 of Title 27 of the Code of Federal
Regulations;
(11) A motion picture, television, or video pro-
duction company, or an entertainment or theatri-
cal company whose production involves the use
of such handgun, provided that the firearm is
borrowed or rented for such purpose, that the
firearm is secured from unauthorized use during
its use for such purpose, and that the firearm is
returned to its' owner within a reasonable period
of time after it is no longer needed for such use;
(12) Any person who is exempt from the
provisions of Subsection (d) of Section 12072 of
the California Penal Code;
(13) Any person or entity conducting a trans-
action described in Subdivision (k) of Section
12078 of the California Penal Code;
(14) Any person licensed as a collector pursu-
ant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and
regulations issued pursuant thereto, and who
has a current certificate of eligibility issued to
him or her by the state Department of Justice
pursuant to Section 12071 of the California
Penal Code;
(15) Any person or entity acquiring a firearm
by bequest or by intestate succession;
(16) A person redeeming a firearm pledged to
a pawnbroker, provided that such person pro-
vides proof that he or she is the person who
pledged the firearm.
(g) Every dealer shall maintain separate rec-
ords as to any sales exempted pursuant to Sub-
section (f) of this section, showing each sale of
an ultracompact firearm, Including as to each
sale the name of the purchaser, type of hand-
gun, date of sale, and documentation of any ex-
emption pursuant to Penal Code Section 12050
or any other exemption set forth in Subsection
(f). Such records shall be maintained on the
premises of the dealer for a period of not less
than two years and shall be subject to inspection
at any time during normal business hours in
accordance with the provisions of Section
103.14 of this code.
(h) Any violation of this section shall cons-
titute a misdemeanor.
55.18. Sale of Large Caliber Firearms Pro-
hibited.
(a) As used in this section, the term "large cal-
iber firearm" shall mean any firearm, as defined
in Section 103.314 of this Code, capable of firing
a centerfrre cartridge of .50 caliber or larger
either by designation or by actual measurement.
The term "large caliber firearm" shall include any
rifle or handgun.
(b) As used in this section, the term "rifle"
shall mean any firearm that is designed or rede-
signed, made or remade, and intended to be
fired from the shoulder and is designed to fire
only a single projectile through a rifled bore for
each single pull of the trigger. The term "rifle"
shall not include any shotgun.
(c) As used in this section, the term "hand -
gun" shall mean any firearm with a barrel less
than 16 inches in length. The term "handgun"
shall include any pistol, revolver, or concealable
firearm as such terms are defined in the Califor-
nia Penal Code.
(d) No person shall sell, give, transfer owner-
ship of, transfer, offer for sale, or display for sale
any large caliber firearm.
(e) The provisions of this section shall not ap-
ply to any sale or transfer of a firearm which is
prohibited under state law, of any destructive
device as defined in Section 12301 of the
California Penal Code, of any assault weapon as
defined in the California Penal Code, or of any
.50 BMG rifle as defined in the California Penal
Code. The provisions of this section shall not
apply to any offer for sale or display in any
periodical, solicitation by mail, or use of the
internet by a seller or offeror located outside the
City of Los Angeles.
(f) The provisions of Subsection (d) of this
section shall not apply where the purchaser or
transferee is any of the following:
(1) A law enforcement agency;
(2) An agency duly authorized to perform law
enforcement duties;
(3) A state or local correctional facility;
(4) A person described in Section 12302 or
12322 of the California Penal Code, when acting
within the course and scope of his or her law
enforcement duties;
(5) A federal law enforcement officer, when
acting in the course and scope of his or her law
enforcement duties;
(6) A person who is properly identified as a
full -time paid peace officer, as defined in Section
830.1, 830.2, 830.4, or 830.5 of the California
Penal Code, and who is authorized to, and does,
carry a firearm during the course of his or her
employment as a peace officer, and is acting
within the course and scope of such
employment;
(7) A firearms dealer who has been issued a
Federal Firearms License, a Certificate of Eligi-
bility by the State of California, and a permit by
the City of Los Angeles to engage in the retail
sale of firearms;
(8) A purchaser of a curio or collector firearm.
A firearm shall be deemed curio or collector only
if it falls within one of these categories:
(A) It was manufactured prior to 1899;
(B) It is classified as a curio or relic pursuant
to 27 Code of Federal Regulations section
178.11, and the purchaser maintains a current
federal firearms collector license; or
(C) It is a muzzle - loading firearm;
(9) A federal, state, or local historical society,
museum, or institutional collection that is open to
the public, provided that the large caliber firearm
is used for display purposes, is secured from un-
authorized use, and is unloaded;
(10) A person acting pursuant to a valid
entertainment firearms permit issued by the
State of California; or
(11) A person who obtains title to a'large cali-
ber firearm by bequest or intestate succession.
(g) Any violation of this section shall consti-
tute a misdemeanor.
[Los Angeles Municipal Code current
through Aug. 10, 2009]
Oakland Municipal and
Planning Codes
Title 5. Business Taxes and Regulations
Chapter 5.26. Firearms Dealers
5.26.010. Title. This chapter shall be known
as the firearms dealer or ammunition seller
permit ordinance.
5.26.030. Definitions. The following words
and phrases, whenever used in this Chapter,
shall be construed as defined in this Section:
"Ammunition" means projectiles, cartridge
cases, primers, bullets, or propellant powder
designed for use in any firearm, and any
component thereof, but shall not include blank
cartridges or ammunition that can be used solely
in an "antique firearm" as that term is defined in
section 921 (a)(16) of Title 18 of the United
States Code.
"Engaged in the business" means the con-
duct of a business by the selling, transferring, or
leasing of any firearm or ammunition; or the
preparation for such conduct of business as
evidenced by the securing of applicable federal
or State licenses; or the holding of one's self out
as engaged in the business of selling,
transferring, or leasing of any firearm or
ammunition, or the selling, transferring, or leas-
ing of firearms or ammunition in quantity, in
series, or in individual transactions, or in any
other manner indicative of trade.
"Firearm" means any device, designed to be
used as a weapon or modified to be used as a
weapon, from which is expelled through a barrel
a projectile by the force of an explosion or other
form of combustion.
"Firearms dealer" means a person engaged
in the business of selling, transferring, or leas-
ing, or advertising for sale, transfer, or lease, or
offering or exposing for sale, transfer, or lease,
any firearm.
"Permit" means a license to sell or transfer
firearms or ammunition under this Chapter.
"Permittee" means a person or entity
licensed to sell or transfer firearms or
ammunition under this Chapter.
"Person" means natural person, association,
partnership, firm, or corporation.
5.26.040. Permit required. It is unlawful for
any person, partnership, cooperative, corpora-
tion, firm, or association to engage in the busi-
ness of operating or managing any business
which sells, transfers, leases, or offers or adver-
tises for sale, transfer, or lease, any firearm or
ammunition without first obtaining a permit from
the Chief of Police of the Oakland Police
Department.
5.26.050. Application - Forms, fees. An ap-
plicant for a permit under this Chapter shall file
with the Chief of Police a sworn application in
writing, on a form to be furnished by the City.
The applicant shall provide all information
requested, including proof of compliance with all
applicable federal, State, and local laws when
required by the Chief of Police, or the application
will not be deemed complete. The application
shall be accompanied by a nonrefundable fee as
Page 69
set forth in the City municipal license /permit fee
schedule. To the extent practicable, the fee
amount shall reflect the cost of enforcing the re-
quirements of this chapter.
5.26.080. Security. In order to discourage the
theft of firearms or ammunition stored on the
premises, any business licensed under this
Chapter must adhere to security regulations
promulgated by the Chief of Police pursuant to
the authority provided by this Chapter. Security
measures shall include but not be limited to:
A. The provision of secure locks, windows
and doors, storage lockers, adequate lighting,
video surveillance and alarm systems installed
and maintained by an alarm company operator
licensed pursuant to the Alarm Company Act,
Business & Professions Code Section 7590 et
seq. with additional requirements as specified by
the Chief of Police;
B. Storing of all firearms and ammunition not
principally used in handguns on the premises
out of the reach of customers in secure, locked
facilities, so that access to firearms and
ammunition not principally used in handguns
shall be controlled by the dealer or employees of
the dealer, to the exclusion of all others.
Ammunition principally used in handguns shall
be stored pursuant to the requirements of Penal
Code section 12061(a)(2).
5.26.110. Permit - Assignment. The assign-
ment or attempt to assign any permit issued pur-
suant to this Chapter is unlawful and any such
assignment or attempt to assign a permit shall
render the permit null and void.
5.26.120. Permit - Conditions. Any permit is-
sued pursuant to this Chapter shall be subject to
all of the following conditions, the breach of any
of which shall be sufficient cause for revocation
of the permit by the Chief of Police. Any permit
issued pursuant to this Chapter shall be subject
to such additional conditions as the Chief of
Police finds are reasonably related to the
purpose of this Chapter.
A. The business shall be carried on only in
the building located at the street address shown
on the license.
B. The permittee shall comply with all federal,
State, and local laws relating to the sale of
firearms or ammunition.
C. The permittee shall post conspicuously
within the licensed premises the following
warning in block letters not less than one inch in
height as per Penal Code Section 12071(b)(11):
IF YOU LEAVE A LOADED FIREARM WHERE
A CHILD OPTAINS AND INPROPERLY USES
IT, YOU MAY BE FINED OR SENT TO
PRISON.
D. Persons Under the Age of 18 Excluded
from Establishments Displaying Firearms. No
person who maintains or operates any place of
business in which firearms are kept, displayed or
offered in any manner, sold, furnished or
transferred shall permit the entry into the
premises of persons under the age of 18 years,
unless all firearms are completely and wholly
kept, displayed or offered within a separate
room or enclosure to which persons under the
age of 18 years are excluded, Each entrance to
such a room or enclosure shall be signposted in
block letters not less than one inch in height to
the effect that firearms are kept, displayed or
offered in such room or enclosure in that
persons under the age of 18 are excluded.
A person who maintains or operates any
place of business that openly displays firearms
without providing for separate enclosures there-
for, must prevent entry into the premises of
persons prohibited by age under State law from
purchasing firearms. The entrance to the
establishment shall be signposted in block
letters not less than one inch in height to the
effect that firearms are kept, displayed or offered
on the premises and that persons under the age
of eighteen are excluded.
The person who maintains or operates any
place of business in which firearms are kept, dis-
played or offered in any manner, sold, furnished
or transferred, and his employees, agents, and
persons acting under his authority, are each and
together separately and jointly responsible for
requiring bona fide evidence of identity of per-
sons to prevent the entry of persons not permit-
ted to purchase a firearm under State law by
reason of age. Bona fide evidence of identity of
the person is a document issued by a federal,
State, county, or municipal government, or
subdivision or agency therefor, including, but not
limited to, a motor vehicle operator's license or
an identification card issued to a member of the
Armed Forces, which contains the name, date of
birth, description, and picture of the person.
E. Persons Under the age of 21 Excluded
from Establishments Displaying Concealable
Firearms. No person who maintains or operates
any place of business in which concealable
firearms are kept, displayed or offered in any
manner, sold, furnished or transferred shall
permit the entry into the premises of persons
under the age of 21 years, unless all
concealable firearms and concealable firearms
accessories are completely and wholly kept,
displayed or offered within a separate room or
enclosure to which persons under the age of 21
years are excluded. Each entrance to such a
room or enclosure shall be signposted in block
letters not less than one inch in height to the
effect that firearms are kept, displayed or offered
in such room or enclosure and that persons
under the age of 21 are excluded.
A person who maintains or operates any
place of business that openly displays conceal-
able firearms without providing for separate en-
closures therefor, must prevent entry into the
premises of persons prohibited by age under
State law from purchasing concealable firearms.
The entrance to the establishment shall be
signposted in block letters not less than one inch
in height to the effect that firearms are kept,
displayed or offered on the premises and that
persons under the age of 21 are excluded.
The person who maintains or operates any
place of business in which concealable firearms
are kept, displayed or offered in any manner,
sold, furnished or transferred, and his employ-
ees, agents, and persons acting under his
authority, are each and together separately and
jointly responsible for requiring bona fide evi-
dence of identity of persons to prevent the entry
of persons not permitted to purchase conceal-
able firearms under State law by reason of age.
Bona fide evidence of identity of the person is a
document issued by a federal, State, county, or
municipal government, or subdivision or agency
therefor, including, but not limited to, a motor
vehicle operator's license or an identification
card issued to a member of the Armed Forces,
which contains the name, date of birth,
description, and picture of the person.
F. Persons Prohibited from Possessing
Firearms and /or Ammunition Excluded from
Establishments Displaying Firearms and /or
Ammunition. Persons prohibited from
possessing or purchasing firearms pursuant to
California Penal Code Section 12021 and
12021.1 or possessing or purchasing
ammunition pursuant to Penal Code Section
12316(b), or otherwise prohibited by federal,
state or local law from possessing or purchasing
firearms, shall not enter into or loiter about any
firearms dealership, defined as a place of
business in which firearms are openly kept,
displayed or offered in any manner, sold,
furnished or transferred pursuant to Penal Code
Section 12070. Each entrance to such an
establishment shall be signposted in block
letters not less than one inch in height to the
effect that persons prohibited from possessing
firearms pursuant to Penal Code Section 12021
are excluded from the premises.
When a firearms dealer displays or offers for
sale firearms within a separate room or enclo-
sure that segregates the firearms, and firearms
related accessories (including but not limited to,
ammunition, ammunition clips, and holsters)
from other general merchandise, each entrance
to such a separate room or enclosure shall be
signposted in block letters not less than one inch
in height to the effect that persons prohibited
from possessing firearms pursuant to Penal
Code Section 12021 are excluded from entering
the separate rooms or enclosures.
Any dealer engaging in the business of sell-
ing, transferring, or leasing, or advertising for
sale, transfer, or lease, or offering or exposing
for sale, transfer, or lease, any firearm and /or
ammunition within the City who knowingly
violates the provisions of Subsection G., or fails
to adhere to the notice provisions of Subsection
5G., shall be subject to the penalty provisions of
this Chapter, including but not limited to
suspension and /or revocation of his or her
permit to sell firearms.
Any person prohibited from possessing fire-
arms pursuant to Penal Code Section 12021
who enters into or loiters about firearms dealer -
ship in Oakland that has been properly posted
pursuant to this Section is guilty of a misde-
meanor.
G. Inventory Reports. Within the first five
business days of April and October of each year,
the permittee shall cause a physical inventory to
be taken that includes a list of each firearm held
by the permittee by make, model, and serial
number, together with a listing of each firearm
the permittee has sold since the last inventory
period. In addition, the inventory shall include a
listing of each firearm lost or stolen that is
required to be reported pursuant to Penal Code
Section 12071(b)(13). Immediately upon
completion of the inventory, the permittee shall
forward a copy of the inventory to the address
specified by the Chief of Police, by such means
as specified by the Chief of Police. With each
copy of the inventory, the permittee shall include
an affidavit signed by an authorized agent or
employee on behalf of the permittee under
penalty of perjury stating that within the first five
business days of that April or October, as the
case may be, the signer personally confirmed
the presence of the firearms reported on the
inventory. The permittee shall maintain a copy
of the inventory on the premises for which the
law enforcement permit was issued for a period
of not less than five years from the date of the
inventory and shall make the copy available for
inspection by federal, State or local enforcement
upon request.
H. Background Investigation and
Verification. Employees, agents or supervisors
of the applicant or permittee may not have
access to or control over workplace firearms or
ammunition until those persons have undergone
a law enforcement investigation and background
verification process as required by the Chief of
Page 70
Police. A new law enforcement investigation
and background verification of such persons
must be conducted each time the permittee
renews his or her permit or applies for a new
permit. The Chief of Police shall deny the
issuance or renewal of a law enforcement
permit, or shall revoke an existing permit, if the
applicant or permittee allows any employee,
agent or supervisor to have access to or control
over workplace firearms or ammunition prior to
the completion of the law enforcement
investigation and background verification of
those persons, or if those persons have not
undergone the law enforcement investigation
and background verification process within the
last 365 days.
5.26.130. Permit - Grounds for revocation.
In addition to any provisions constituting
grounds for denial shall also constitute grounds
for revocation.
5.26.150. Permit - Liability insurance and
Indemnification. No permit shall be issued or
continued pursuant to this Chapter unless there
is in full force and effect a policy of insurance in
such form as the City Attorney deems proper,
executed by an insurance company approved by
the City Attorney whereby the applicant or
permittee is insured against liability for damage
to property and for injury to or death of any
person as a result of the sale, transfer or lease,
or advertising for sale, transfer, or lease, or
offering or exposing for sale, transfer, or lease,
any firearm. The minimum liability limits shall not
be less than $1,000,000.00 for damage to or
destruction of property in any one incident, and
$1,000,000.00 for the death or injury to any one
person; provided, however, that additional
amounts may be required by the City Attorney if
deemed necessary.
Such policy of insurance shall contain an en-
dorsement providing that the policy will not be
canceled until notice in writing has been given to
the City, addressed in care of the Chief of
Police, 455 - 7th Street, Oakland, California,
94607, at least 30 days immediately prior to the
time such cancellation becomes effective.
Further, such policy of insurance shall name the
City, its officers, agents, and employees as addi-
tional insureds. Additionally, applicants and
permittees shall indemnify, defend, and hold
harmless the city, its officers, agents, and
employees, from claims arising from the
negligence of the applicant or permittee.
No permit shall be issued or continued
pursuant to this Chapter unless the applicant
agrees to indemnify, defend and hold harmless
the City its officers, agents and employees from
and against all claims, losses, costs, damages
and liabilities of any kind pursuant to the
operation of the business, including attorneys
fees, arising in any manner out of the negligence
or intentional or willful misconduct of the
applicant, the applicant's officers, employees,
agents and /or supervisors, or if the business is a
corporation, partnership or other entity, the
officers directors or partners.
5.26.160. Permit - Authority to inspect. Any
and all investigating officials of the City shall
have the right to enter the building designated in
the permit from time to time during regular
business hours to make reasonable inspections
to observe and enforce compliance with build-
ing, mechanical, fire, electrical, plumbing, or
health regulations, and provisions of this Chap-
ter. A police investigator may conduct
compliance inspections from time to time during
regular business hours to insure conformance to
all federal, State, and local law, and all
provisions of this Chapter.
5.26.170 Compliance. Any person engaging
in the business of selling, transferring, or
leasing, or advertising for sale, transfer, or
lease, or offering or exposing for sale, transfer,
or lease, any firearm or ammunition on the
effective date of this Chapter shall have a,period
of 60 days after such effective date to comply
with the provisions of this Chapter.
5.26.180. Suspension or Revocation of
Permit.
A. If the dealer violates any federal, State or
local county or City law, the Chief of Police may
immediately suspend the right of the dealer to
sell firearms or ammunition. If the violation
results in a criminal charge filed in court by a
federal, state, or county District Attorney, such
permit to sell firearm or ammunition may be
suspended until the case is adjudicated in a
court of law. If the person is convicted, such
permit must be immediately revoked.
B. Notice of suspension shall be mailed to the
person(s) who made application for the permit
and shall be delivered to the address listed on
the permit.
C. in addition to any other penalty or remedy,
the City Attorney shall report any person or
entity whose law enforcement permit is
suspended or revoked pursuant to this Article to
the Bureau of Firearms of the California
Department of Justice and the Bureau of
Alcohol, Tobacco, Firearms & Explosives within
the U.S. Department of Justice.
Title 9. Public Peace, Morals and Welfare
Chapter 9.20. Ammunition Sales Registration
9.20.010. Title. This chapter shall be known
as the ammunition sales registration ordinance.
9.20.020. Findings and purpose. The intent
of the City Council in enacting the ordinance
codified in this chapter is to implement a require-
ment that ammunition vendors within the City
record and maintain records with respect to
each individual purchase of ammunition for use
by law enforcement in identifying ineligible
purchasers of ammunition and removing
firearms and ammunition from persons ineligible
to possess them.
The City Council further finds that, with the
passage of AB 962 imposing statewide
requirements for recording handgun ammunition
sales, that after February 1, 2011, there will be
no need for a local registry to record the
purchase of ammunition principally used in
handguns.
The City Council further finds that, despite the
passage of AB 962, there will remain the need to
maintain a record of ammunition sales involving
ammunition not principally used in handguns
that is not covered under AB 962.
The City Council further finds that the
requirement for ammunition purchasers to
submit a thumbprint at the time of sale will allow
more effective screening of purchasers who are
not eligible to possess firearms.
9.20.030. Definitions. As used in this
Chapter,
"Ammunition" means projectiles, cartridge
cases, primers, bullets, or propellant powder
designated for use in any firearm, and any
component thereof, but shall not include blank
cartridges or ammunition that can be used solely
in an "antique firearm" as that term is defined in
section 921(a)(16) of Title 18 of the United
States Code.
As used in this Chapter, "ammunition
principally used in handguns" means
ammunition designed or suited for use in
revolvers, pistols or other firearms capable of
being concealed upon the person, as that term
is defined in Penal Code section 12001(a),
"Vendor" means any individual, person, gun
dealer, store, firm or corporation engaged in the
business of selling ammunition within the City.
9.20.040. Record of ammunition sales. The
requirements of this Section shall apply to all
ammunition sales in Oakland up until February
1, 2011. Effective February 1, 2011, the
requirements of this Section, shall not apply to
the sale or transfer of ammunition that is
principally for use in pistols, revolvers, or other
firearms capable of being concealed upon the
person, as that term is defined in Penal Code
section 12001(a).
Every vendor who sells ammunition in the City
shall maintain a record of ammunition sales as
prescribed by this Chapter. The record shall be
maintained on the vendor's premises, on forms
supplied by, or approved by, the Oakland Police
Department (OPD). All ammunition sales must
be conducted with the actual purchaser present
in a face -to -face transaction. An ammunition
purchaser must provide to the vendor and the
vendor shall record the following information:
A. The date of the transaction;
B. The purchaser's name, address and date
of birth;
C. The purchaser's valid driver's license num-
ber or other identification number from a valid
photographic I.D. such as a passport;
D. The brand of ammunition purchased;
E. The type and amount of ammunition pur-
chased; and
F. The purchaser's signature and vendor's
initials.
G. The thumbprint of the purchaser on the
above record.
The information required to be recorded shall
be maintained in chronological order by date of
sale of the ammunition and shall be retained on
the business premises of the vendor for a period
not less than five years following the date of the
recorded sale of the ammunition. In addition,
the required information in Subsections A -G
above, shall be transmitted electronically within
five business days of sale to OPD by means
determined by the Chief of Police.
Federal, State, or local law enforcement
officers may enter a vendor's premises during
regular business hours for the purpose of
examining, inspecting or copying records
required by this Chapter.
This Section shall not apply if the purchaser is
a "peace officer' as that term is defined in Penal
Code Section 830 et seq., or a federal law
enforcement officer or a person licensed as a
dealer or collector in firearms pursuant to
Chapter 44 (commencing with Sec. 921) of Title
18 of the United States Code and regulations
pursuant thereto.
9.20.050. Violation - Penalty. It is unlawful
for any vendor engaged in the retail sale of
ammunition in Oakland to knowingly make a
false entry in, or fail to make appropriate entry,
or fail to properly maintain any such record, or
refuse to immediately provide the ammunition
sales log for inspection to a federal, State or
local law enforcement officer upon request.
Violation of any provision of this Chapter shall
be a misdemeanor, subject to fines and
penalties as provided by law. Additionally, failure
to abide by the requirements of this Chapter
Page 71
shall be grounds for the revocation of a vendor's
permit, pursuant to Chapter 5.26.
Chapter 9.36. Weapons
Article II. Firearms and Weapons Violence
Prevention
9.36.050. Title. This article shall be known as
the firearms and weapons violence prevention
ordinance.
9.36.070. Definitions. The following words
and phrases, wherever used in this article, shall
be construed as defined in this section:
A. "Firearms" means any device, designed to
be used as a weapon or modified to be used as
a weapon, from which is expelled through a bar-
rel a projectile by the force of an explosion or
other form of combustion.
B. "Projectile weapon" means any device or
instrument used as a weapon which launches or
propels a projectile by means other than the
force of an explosion or other form of combus-
tion with sufficient force to cause injury to per-
sons or property. A projectile weapon shall in-
clude, but not be limited to, air gun, air pistol, air
rifle, gas- operated gun, BB gun, pellet gun, flare
gun, dart gun, bow, cross -bow, slingshot, wrist
rocket, blow gun, paint gun, or other similar
device or instrument.
9.36.090. Enforcement. Violations of this arti-
cle shall result in arrest as a misdemeanor. The
District Attorney shall review the circumstances
surrounding the violation and shall charge the
violation either as an infraction or as a
misdemeanor, except that:
A. Violation of this article for a second or
subsequent offense shall be chargeable as a
misdemeanor only, and the penalty for convic-
tion of the same shall be punishable by a fine of
not more than one thousand dollars ($1,000.00)
or by Imprisonment in the county jail for a period
of not more that one year, or by both.
B. Violation of this article occurring within one
thousand five hundred (1,500) feet of a day care
center, school or school yard, whether public or
private, shall be a misdemeanor, and the penalty
for conviction of the same shall be punishable by
a fine of not more than one thousand dollars
($1,000.00) or by imprisonment in the county jail
for a period of not more than one year, or by
both.
C. A person shall be guilty of a separate
offense for each and every firing of a projectile
weapon or discharge of a firearm, and shall be
punished accordingly.
D. Juveniles arrested pursuant to this section
shall be subject to Section 602 of the Welfare
and Institutions Code.
9.36.100. Parental responsibility for min-
ors. Any parent or legal guardian, of a person
over the age of eighteen (18), is also guilty of an
offense punishable in accordance with Section
9.36.090 if he or she knows or reasonably
should know that a minor is likely to gain access
to a firearm or a projectile weapon kept within
any premises or vehicle which is under his or
her custody or control, and a minor obtains and
fires or discharges the firearm or projectile wea-
pon within the city, in violation of Section
9.36.080.
9.36.130. Projectile weapons - Possession
of by minors.
A. It is unlawful for any person under the age
of eighteen (18) to have in his or her possession
within the city limits of Oakland any projectile
weapon, as defined in Section 9.36.070. Vio-
lation of this provision shall be punishable in the
manner provided in Section 9.36.090D.
B. It is unlawful for any parent or legal guard-
ian, or any person over the age of eighteen (18)
years, to sell, give or loan to any minor in the
city under the age of eighteen (18) years, or to
allow such minor to possess, any device or in-
strument capable of launching a projectile, and/
or the projectiles specifically intended to be
launched by said device or instrument, as de-
fined hereinabove. Violation of this provision
shall be punishable in the manner provided in
Section 9.36.090.
C. Any device or instrument capable of
launching a projectile, and /or the projectiles
specifically Intended to be launched by said de-
vice or instrument, which is in possession of a
minor in violation of this article, is declared to be
a nuisance, and shall be surrendered to the Po-
lice Department of the city. The Police Depart-
ment, except upon the certificate of a judge of a
court of record or of the District Attorney of Ala-
meda county that the preservation thereof is
necessary or proper to the ends of justice, shall
destroy any such device- or instrument.
9.36.131 Theft or loss of firearms - Report-
ing of stolen and /or lost firearms required.
A. Any person owning a firearm or in posses-
sion of a firearm is required to report the theft or
loss of such firearm to the Oakland Police De-
partment when:
1, owner resides in Oakland, AND /OR
2. the theft or loss of the firearm occurs in
Oakland.
B. A person subject to the reporting require-
ments in Subsection A is required to report the
theft or loss of a firearm within 48hours of when
he or she knew or reasonably should have
known that the firearm has been stol -en or lost.
C. A person who has experienced the theft or
loss of a firearm between August 1, 1992 and
July 30, 2002 and who otherwise meets the re-
porting requirements in subsection A is required
to report the loss or theft of such firearm to the
Oakland Police Department within sixty (60)
days of the effective date of the Amendment
under which this new section was adopted.
9.36.141 Penalty -Misdemeanor.
A. Failure to report within 48 hours the theft or
loss of a firearm pursuant to this Subsection B.
of Section 9,36.131, when the owner or person
in possession knew or reasonably should have
known of the theft or loss, shall be a mis-
demeanor subjecting the owner to prosecution.
B. Failure to report firearms theft or loss with-
in the timeframe set forth within Subsection C. of
Section 9.36.131 shall be a misdemeanor
subjecting the owner to prosecution.
Article III. Prohibition on the Sale of Saturday
Night Specials, Also Known as Junk Guns
9.36.150. Title. This article shall be known as
the city Saturday night special /junk gun sales
prohibition and maybe so cited,
9.36.160. Purpose and intent. The purpose
of this article is to ensure the health, safety, and
general welfare of city citizens by eliminating the
sale of cheaply made, inadequately designed
and poorly manufactured handguns in the city.
9.36.170. Saturday night special defined.
A. Except as provided in subsection B' of this
section, term "Saturday night special" as used in
this article means any of the following:
1. A pistol, revolver, or firearm capable of be-
ing concealed upon the person, as those terms
are defined in the California Penal Code Section
12001(a), which contains a frame, barrel,
breechblock, cylinder or slide that Is not com-
pletely fabricated of heat treated carbon steel,
forged alloy or other material of equal or higher
tensile strength;
2. A semi - automatic pistol which:
a. It is not originally equipped by the manu-
facturer with a locked- breech action, and
b. Is chambered for cartridges developing
maximum permissible breech pressures above
twenty -four thousand one hundred (24,100)
Copper Units of Pressure as standardized by the
Sporting Arms and Ammunition Manufacturers
Institute,
c. For purpose of subsection (A)(2)(b) of this
section, "semi- automatic pistol" means a fire-
arm, as defined in California Penal Code Section
12001(b), which is designed to be held and fired
with one hand, and which does the following
upon discharge: (i) fires the cartridge in the
chamber, (ii) ejects the fired cartridge case, and
(iii) loads a cartridge from the magazine into the
chamber. "Semi- automatic pistol" shall not in-
clude any assault weapons designated In Cali-
fornia Penal Code Section 12276;
3. A pistol, revolver, or firearm capable of be-
ing concealed upon the person, as those terms
are defined in California Penal Code Section
12001(a), which:
a. Uses an action mechanism which is sub-
stantially identical in design to any action mech-
anism manufactured in or before 1898 that was
originally chambered for rimfire ammunition de-
veloping maximum safe permissible breech
pressures below nineteen thousand (19,000)
Copper Units of Pressure as standardized by the
Sporting Arms and Ammunition Manufacturers
Institute, and
b. Is chambered to fire either centerfire am-
munition or rimfire ammunition developing maxi-
mum permissible breech pressures above nine-
teen thousand (19,000) Copper Units of Pres-
sure as standardized by the Sporting Arms and
Ammunition Manufacturers Institute, and
c. Is not originally equipped by the manufac-
turer with a nondetachabie trigger guard, or
d. If rimfire, is equipped with a barrel of less
than twenty (20) bore diameters in overall length
protruding from the frame,
e. For purposes of this subsection (A)(3),
"action mechanism" means the mechanism of a
firearm by which it is loaded, locked, fired and
unloaded commonly known as the cycle of
operation.
B. Exclusions. The term "Saturday night .
special" does not include any of the following:
1. Any pistol which is an antique or relic fire-
arm or other weapon falling within the specifica-
tions of paragraphs (5), (7) and (8) of subsection
(b) of California Penal Code Section 12020; or
2. Any pistol for which the propelling force is
classified as pneumatic, that is, of, or related to,
compressed air or any other gases not directly
produced by combustion; or
3. Children's pop guns or toys; or
4. An "unconventional pistol" as defined in
California Penal Code Section 1'2020(c)(12); or
5. Any pistol which has been modified to
either: render it permanently inoperable, or per-
manently to make it a device no longer classified
as a Saturday night special.
9.36.180. Roster of Saturday night spe-
cials. On or before January 1, 1997, the Chief of
Police or his or her designee shall compile, pub-
lish, and thereafter maintain a roster of Saturday
night specials. The roster shall list those fire-
arms, by manufacturer and model number,
which the Chief of Police or his or her designee
determines fit the definition of Saturday night
special set forth in Section 9.36.170A.
9.36.190. Notification.
Page 72
A. Upon completion of a list of firearms to be
placed on the roster for the first time, the Police
Chief or his or her designee shall endeavor to
send written notification to:
1. The manufacturer of every firearm on said
list; and
2. Every dealer within the city who is licensed
to sell and transfer firearms pursuant to Section
12071 of the Penal Code of the state of Califor-
nia and Chapter 5.26 of this code.
B. Such notification shall do the following:
1. Identify the model number of the firearm
which has been classified as a Saturday night
special within the meaning of Section 9.36.170A;
and
2. Advise the recipient that the recipient may
apply for reconsideration of the classification of
the firearm as a Saturday night special; and
3. Advise the recipient that the burden of
proving a firearm does not constitute a Saturday
night special within the meaning of Section
9.36.170A shall be on the recipient.
9.36.220. Publication of the roster. The
Chief of Police or his or her designee shall place
on the roster those firearms which have been
determined to constitute a Saturday night
special within the meaning of Section 9.36.170A.
The Chief of Police or his or her designee shall
cause the roster to be published in the following
manner:
A. Notification of the roster's completion shall
be published at least once in the official
newspaper as designated by the city and circu-
lated in the city within fifteen (15) days after its
completion; and
B. A copy of the roster, certified as a true and
correct copy thereof, shall be filed in the office of
the City Clerk of the city; and
C. A copy of the roster, certified as a true and
correct copy thereof, shall be distributed to every
dealer within the city who is.licensed to sell and
transfer firearms pursuant to Section 12071 of
the Penal Code of the state of California and
Chapter 5.26 of the municipal code.
9.36.250. Sale prohibited. After January 1,
1997, no wholesale or retail firearms dealer as li-
censed by the city in Chapter 5.26 of the munici-
pal code shall sell, offer or display for sale, give,
lend or transfer ownership of, any firearm listed
on the roster of Saturday night specials. This
section shall not preclude a wholesale or retail
gun dealer from processing firearm transactions
between unlicensed parties pursuant to Section
12072(d) of the Penal Code of the state of Cali-
fornia.
9.36.260. Exemptions. Nothing in this article
relative to the sale of Saturday night specials
shall prohibit the disposition of any firearm by
sheriffs, constables, marshals, police officers, or
other duly appointed peace officers in the per-
formance of their official duties, nor to persons
who are authorized by the United States Federal
Government for use in the performance of their
official duties; nor shall anything in this article
prohibit the use of any firearm by the above -
mentioned persons in the performance of their
official duties.
9.36.270. Penalty. Any person violating any
of the provisions of this article shall be guilty of a
misdemeanor. Any person convicted of a misde-
meanor under the provisions of this article shall
be punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment
for a period not exceeding six months, or by
both such fine and imprisonment. Each such
person shall be guilty of a separate offense for
each and every day during any portion of which
any violation of any provision of this article is
committed, continued or permitted by such per-
son and shall be punishable accordingly. In ad-
dition, any person found to be in violation of this
Article shall be considered in noncompliance
with the requirements of Chapter 5.26 of this
code, and subject to the suspension and or rev-
ocation of a firearms dealer permit.
Article V. Prohibition on the Sale of Compact
Handguns
9.36.400. Title. This article shall be known as
the City of Oakland Compact Handgun Sales
Limitation Act,
9.36.410. Purpose and intent. The purpose
and intent of this article is to provide for the
health, safety, and general welfare of the citi-
zens of Oakland by prohibiting the sale of com-
pact firearms in Oakland.
9.36.420. Definitions.
A. "Dealer" means a retail firearms dealer
licensed by the city.
B. "Compact handgun" means a pistol, revolv-
er, and any handgun designed to be concealed
Upon the person that has a length of six and
three quarter inches (6.75 ") or less or a height of
four and one -half inches (4.5 ") or less, meas-
ured with the magazine detached.
9.36.430. Prohibition on the sale of com-
pact handguns. As of the effective date of this
article:
A. No firearms dealer in Oakland shall trans-
fer the title of any compact handgun as defined
herein to any person. This section shall not pre-
clude a wholesale or retail gun dealer from pro-
cessing firearms transactions between unli-
censed parties pursuant to Section 12072(d) of
the Penal Code of the state of California.
B. For the purposes of this section, the re-
demption of a compact handgun covered by this
article pledged to a pawnbroker prior to the
effective date of this ordinance shall not be
deemed the sale or transfer of title of that hand-
gun. However, a dealer may not rely on this ex-
emption unless the transaction involved the re-
demption of a handgun pawned to a pawnbroker
by the purchaser.
C. Each dealer shall post a sign in a conspic-
uous place with letters at least one inch high
stating the obligations and restrictions of dealers
under this ordinance, pursuant to direction by
the Oakland Police Department.
D. The provisions of this section shall not
apply to the following:
1. Any law enforcement agency;
2. Any agency duly authorized to perform law
enforcement duties;
3. Any state or local correctional facility;
4. Any private security company licensed to
do business in the state of California;
5. Any person who is properly identified as a
full -time paid peace officer, as defined in Section
830.1, 830.2, 830.4, or 830.5 of the Penal Code
of the state of California, and who is authorized
to carry a firearm during the course and scope of
his or her employment as a peace officer;
6. Any antique firearm, as defined in para-
graph (16) of subsection (a) of Section 921 of
Title 18 of the United States Code;
7. Any motion picture, television, or video pro -
duction company, or entertainment or theatrical
company whose production involves the use of
an ultracompact firearm, and which secures
such from unauthorized use;
8. Any person who is exempt from the pro-
visions of subdivision (d) of Section 12072 of the
Penal Code of the state of California;
9. Any person or entity conducting a trans-
action described in subdivision (k) of Section
12078 of the Penal Code of the state of Cali-
fornia;
10. Any person who is licensed as a collector
pursuant to Chapter 44, (commencing with Sec-
tion 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, and
who has a current certificate of eligibility issued
to him or her by the Department of Justice pur-
suant to Section 12071 of the Penal Code of the
state of California;
11. Any person or entity acquiring a compact
handgun by bequest or intestate succession.
9.36.440. Penalties. Violation of this article by
a firearms dealer shall subject the dealer to civil
penalties as provided for in Chapter 1.8 and
1.12 of the OMC, and in addition shall subject
the dealer to suspension or revocation of the
dealer's firearms dealer permit. Each instance
wherein a compact. handgun is sold, conveyed,
transferred or distributed in violation of this art-
icle shall be deemed a distinct and separate of-
fense.
[Oakland Municipal and Planning Codes
current through Ordinance 12899, passed
November 3, 2008]
Riverside County Code
Title 9. Public Peace, Morals and Welfare
Chapter 9.20. Firearms
Article 1. General Use
9.20.010 Definitions.
For the purpose of this article, the following
words are defined and shall be construed as
having the following meanings:
"Firearm" includes the following: cannon, gun,
pistol, revolver, automatic pistol, rifle, shotgun,
air gun, pellet gun and any other weapon
designed to discharge one or more projectiles
propelled by the expansion of gas.
Loaded Rifle or Shotgun. A rifle or shotgun shall
be deemed to be loaded when there is an
unexpended cartridge or shell in the firing
chamber but not when the only cartridges or
shells are in the magazine.
Article 2. Use and Discharge by Minors
9.20.100. Firearm defined. The word "fire-
arm," as used in this article, includes the follow-
ing: cannon, gun, pistol, revolver, automatic pis-
tol, rifle, shotgun, air gun, pellet gun and any
other weapon designed to discharge one or
more projectiles propelled by the expansion of
gas.
9.20.110 Discharge unlawful - Exceptions.
It is unlawful for any person under the age of
eighteen (18) years to shoot or discharge a fire-
arm in the unincorporated territory of the county
unless such person: (a) holds and has in his or
her possession a permit issued by the county as
hereinafter provided; or (b) is in the company of
a parent, guardian or other adult person having
responsibility for his or her conduct; or (c) holds
and has in his or her possession a current valid
hunting license issued pursuant to law.
[Riverside County Code current through
Ordinance No. 779.11, passed May 12, 2009]
Page 73
Sacramento City Code
Title 5. Business Licenses and Regulations
Chapter 5.64. Firearm and Ammunition Sales
5.64.010. Definitions.
"Applicant," when the applicant is other than
a natural person, includes any officer, director,
employee or agent of the applicant who may be
engaged in the business of selling, leasing or
otherwise transferring any firearm or firearm
ammunition.
"Engaging in the business" means the con-
duct of a business by the selling, leasing or
transferring of any firearm or firearm ammuni-
tion; or the preparation for such conduct of busi-
ness as evidenced by the securing of applicable
federal or state licenses; or the holding of one's
self out as engaged in the business of selling,
leasing or otherwise transferring of any firearm
or firearm ammunition, or the selling, leasing or
transferring of firearms in quantity, in series, or
in individual transactions, or in any other manner
indicative of trade.
"Firearm" means any device, designed to be
used as a weapon or modified to be used as a
weapon, that expels a projectile through a barrel
by the force of an explosion or other form of
combustion.
"Firearm ammunition" means any cartridge
or encasement containing a bullet or projectile,
propellant or explosive charge, and a primer
which is used in the operation of a firearm.
5.64.020. License requirement and penalty
for violation.
A. It is unlawful for any person, firm, corpora-
tion or dealer engaging in the business of sell-
ing, leasing or otherwise transferring any firearm
or firearm ammunition, to sell, lease or otherwise
transfer any firearm or firearm ammunition, with-
out first having obtained a license from the chief
of police. Gunsmiths, crafts makers and firearms
collectors shall not be required to obtain such a
license unless they sell, Lease or transfer fire-
arms. The chief of police shall make available
application forms requiring applicants to provide
the information set forth in Section 5.64.030 of
this chapter, and shall collect a nonrefundable
application fee from each applicant. Upon re-
ceiving the application fee, the chief of police
shall issue a receipt to the applicant showing
that such application fee has been paid. The is-
suance of such a receipt shall not authorize an
applicant to engage in the sale, lease, or other
transfer of firearms or firearm ammunition until
the necessary license has been lawfully issued.
B. The application fee shall be established by
resolution of the city council and shall be the ex-
clusive source of city funds from which recovery
of all costs associated with this chapter may be
obtained, including but not limited to, processing
applications, monitoring licensees, and enforcing
the provisions of this chapter.
C. Any person, firm, corporation or dealer en-
gaging in the business of selling, leasing or
otherwise transferring any firearm or firearm am-
munition to sell, lease, or otherwise transfer any
firearm or firearm ammunition without first hav-
ing obtained a license from the Sacramento po-
lice department or, once having obtained a li-
cense, violates any of the conditions set forth in
Section 5.64.110 of this chapter or continues to
engage in the business after such license is re-
voked or suspended, shall be in violation of this
chapter and guilty of a misdemeanor, punishable
by imprisonment in the county jail not exceeding
six months, or by fine not exceeding one thous-
and dollars ($1,000.00), or by both. The chief of
police shall prescribe a form on which the chief
of police shall inform the California Department
of Justice that such violators do not meet the
state requirements for gun licensees or dealers
pursuant to Penal Code Section 12071(a)(1).
5.64.080. Nonassignability of license. The
assignment of any license issued pursuant to
this chapter is unlawful and any such assign-
ment shall render the license null and void. In
addition, the attempt to transfer or assign any
license issued pursuant to this chapter shall be
further grounds for revocation.
5.64.090. Security. Each business licensed
under this chapter shall meet the requirements
of a "secure facility" pursuant to Section
12071(c)(3) of the California Penal Code.
5.64.100. Application for employee work
permit
A. Each employee who engages in the sale,
lease or other transfer of firearms or firearm am-
munition must obtain either of the following: (1) a
valid employee work permit from the chief of po-
lice; or (2) a valid certificate of eligibility issued
by the California Department of Justice. The
work permit requirement does not apply to em-
ployees at gun shows that are property licensed
under state and federal law.
B. The application for an employee work per-
mit for an employee engaged in the sale, lease
or other transfer of firearms or firearm ammuni-
tion shall be submitted to the chief of police on a
form provided by the chief of police. Prior to sub-
mitting such application, a nonrefundable fee as
established by resolution of the city council shall
be paid to the chief of police to defray, in part,
the cost of investigation and report required by
this section. The chief of police shall issue a re-
ceipt to the employee showing that such permit
application fee has been paid. The issuance of
such a receipt shall not authorize an employee
to engage in the sale, lease or other transfer or
firearms or firearm ammunition until the neces-
sary work permit has been lawfully granted.
C. The application to the chief of police shall
be signed under penalty of perjury and set forth
the following information:
1. The name, age and address of the em-
ployee;
2. The business name and address of the em-
ployer;
3. All convictions of the applicant for any mis-
demeanor or felony;
4. All information relating to licenses or per-
mits relating to firearms or other weapons
sought by the applicant from other jurisdictions,
including, but not limited to the date(s) of appli-
cations) and whether each such application
resulted in issuance of a license or permit;
5. All information relating to suspension(s) or
revocation(s) of licenses or permits relating to
firearms, including but not limited to the date and
circumstances of the suspensions) or revo-
cation(s);
6. Other reasonable conditions deemed ap-
propriate by the chief of police.
D. The chief of police shall take the finger-
prints of the employee and shall confirm the in-
formation submitted.
E. The chief of police shall act upon and
either approve or deny the application for an em-
ployee work permit at the earlier of the following:
(1) within one hundred eighty (180) days of
receipt of the application; or (2) within fifteen
(15) days of receipt of fingerprint verification by
the State Department of Justice.
F. The chief of police shall deny the issuance
of an employee work permit when any of the fol-
lowing conditions specified in Sections
5.64.060(D) through (G) of this chapter exist.
G. Duration and renewal of work permit.
Unless revoked on an earlier date, all employee
work permits issued pursuant to this chapter
shall expire one year after the date of issuance;
provided, however, that such work permits may
be renewed by the chief of police for additional
one -year periods upon the approval of an appli-
cation for renewal by the chief of police and pay-
ment of the renewal fee established by resolu-
tion of the city council. Such renewal application
shall set forth the information listed herein, and
must be received by the chief of police, in com-
pleted form, no later than forty -five (45) days
prior to the expiration of the current employee
work permit.
H. Nonassignability. The assignment of any
employee work permit issued pursuant to this
chapter is unlawful and any such assignment
shall render the license null and void. In addi-
tion, the attempt to transfer or assign any em-
ployee work permit issued pursuant to this chap-
ter shall be further grounds for revocation.
I. Grounds for Revocation of Work Permit. In
addition to any other provisions of this sec -tion,
any circumstances constituting grounds for
denial of an employee work permit shall also
constitute grounds for revocation of an employ-
ee work permit.
5.64.110. License - Conditions. In addition
to all other requirements and conditions stated in
this chapter, each licensee shall be subject to all
of the following conditions, the breach of any of
which shall be sufficient cause of revocation of
the license by the chief of police:
A. The business shall be carried on only in
the building located at the street address shown
on the license, except for gun shows as per-
mitted under state and federal law.
B. The licensee shall comply with Sections
12073, 12074, 12076, 12077 and 12082 of the
California Penal Code, as those sections now
read or may hereafter be amended to read.
C. The licensee shall verify that each employ-
ee engaged in the sale, lease or other transfer of
any firearm or firearm ammunition has obtained
either of the following: (1) a valid employee work
permit from the chief of police; or (2) a valid cer-
tificate of eligibility issued by the California De-
partment of Justice. An employee shall not en-
gage in the foregoing activities if a work permit is
denied or revoked by the chief of police, A licen-
see who permits an employee to work without a
valid work permit or valid certificate of eligibility
shall be in violation of this section.
D. The licensee shall not sell, lease or other-
wise transfer any firearm, except for leases or
transfers for theatrical purposes, without also
selling or otherwise providing with each firearm
a nonreturnable trigger lock. If the use of a
trigger lock on a particular type of firearm is
infeasible, then the licensee shall do the
following: (1) demonstrate such infeasibility to
the satisfaction of the chief of police; and (2)
make available for sale a similar device, which is
approved by the chief of police, that is designed
to prevent the unintentional discharge of the
firearm.
E. The licensee shall not sell, offer to expose
for sale, give, lease or otherwise transfer to any
person, any ammunition feeding device with the
capacity to accept more than ten (10) rounds of
ammunition.
F. The licensee shall not sell, lease or other-
wise transfer any firearm to any person whom
Page 74
the licensee reasonably believes is within any of
the classes prohibited by California Penal Code
Sections 12021 or 12021.1 or California Welfare
and Institutions Code Sections 8100 to 8103, in-
clusive, as those sections now read or may
hereafter be amended to read.
G. The licensee shall comply with all federal,
state, and local laws, and all provisions of this
chapter.
Any license issued pursuant to this title shall
be subject to such additional conditions as the
chief of police finds are reasonably related to the
purpose of this chapter.
5.64.120. Grounds for revocation. In addi-
tion to any other provisions of this chapter, any
circumstances constituting grounds for denial of
a license shall also constitute grounds for revo-
cation of a license.
5.64.150. Authority to inspect. Any and all
investigating officials of the city shall have the
right to enter the building and entire premises
designated in the license from time to time dur-
ing regular business hours to make reasonable
inspections and to observe and enforce compli-
ance with building, mechanical, fire, electrical, or
plumbing regulations to the extent provided by
law. Police department employees, as desig-
nated by the chief of police, may conduct com-
pliance inspections to insure conformance with
all federal, state, and local laws, and all provi-
sions of this chapter.
5.64.160 Compliance by existing dealers.
Any person lawfully engaging in the business
of selling, leasing, or otherwise transferring any
firearm or firearm ammunition on the effective
date of the ordinance codified in this chapter
shall have a period of ninety (90) days after such
effective date to comply with the provisions of
this chapter.
5.64.170. Delivery to revenue manager. Up-
on granting said license, the police department
shall forward said license to the revenue man-
ager, who shall issue said license to the appli-
cant upon payment of the license fee, payable in
advance.
5.64.180. Rules and regulations. The chief
of police is authorized to promulgate such rules
and regulations after noticed hearing as will en-
able the police department to effectuate the pur-
poses of this chapter. Failure to comply with
such rules and regulations, or with any other re-
quirements imposed by this chapter, shall con-
stitute grounds for revocation of licenses issued
hereunder.
Title 9. Public Peace, Morals and Welfare
Chapter 9.32. Weapons and Explosives
Article I. In General
9.32.010.. "Dangerous or deadly weapon"
defined. The term "dangerous or deadly wea-
pon" includes, but is not limited to ... any firearm
other than one carried pursuant to a valid permit,
issued by a duly authorized governmental au-
thority, or any ordinary rifle or shotgun lawfully
carried for purposes of hunting or other lawful
sport.
9.32.090. Prohibiting sale of air guns to
minors.
A. It is unlawful for any person to sell, give or
loan to any person under eighteen (18) years of
age, any BB gun, air gun, pellet gun, or spring
gun, within the city.
B. No person, under the age of eighteen (18)
years, shall have in his or her possession or
control any BB gun, air gun, pellet gun, or spring
gun, within this city, except while in immediate
custody of his or her parents as hereinafter
provided.
C. The chief of police is authorized to estab-
lish training programs for minors, and also to
license the establishment of shooting ranges
and galleries in proper locations.
D. Any person under the age of eighteen (18)
years may, while in custody of and under imme-
diate control of his or her parent or guardian,
use a BB gun, air gun, pellet gun, or spring gun,
to shoot at an inanimate target on range or in a
shooting gallery which has been authorized by
the chief of police.
E. Any person desiring to operate and main-
tain a shooting range for BB guns, air guns,
pellet guns, or spring guns, within the city, shall
first apply to the chief of police for a permit, on
an application form to be furnished by the chief
of police. If, upon investigation, it appears the
range can be maintained at the location speci-
fied in the application, without danger to the
public, then and in that event the chief of police
may issue a permit.
9.32.110. Explosives generally - Storage
for sale in the city. There shall not be kept
within the city more than fifty (50) pounds of
powder, or other explosive substance, by any
one person, and every person keeping such art-
icles shall keep all they have in one metal case,
with metal cover and handles, plainly marked
"POWDER," which shall be kept near the front
door, and shall display conspicuously upon the
front of the building a sign plainly marked "GUN-
POWDER KEPT HERE."
9.32.120. Explosives generally - Applicabil-
ity of two preceding sections. Nothing in the
two preceding sections shall apply to metallic
cartridges or percussion caps.
9.32.150. Public grounds - Discharge of
firearms, sales, shows, etc. No person shall, in
or upon any public grounds, discharge any can-
non or firearm, expose for sale any goods,
wares or merchandise or erect or maintain any
booth, stand or show; except, in accordance
with a permit from the city manager.
9.32.180 Reporting of stolen and/or lost
firearms required.
It is unlawful for any person who owns or
possesses a firearm to knowingly or negligently
fail to report the theft or loss of such firearm to
the Sacramento police department within forty -
eight (48) hours of the time he or she knew or
should have known the firearm has been stolen
or lost, when either the owner or possessor
resides in the city, or the theft or loss of the
firearm occurs in the city. As used in this
section, "firearm" means any device, designed to
be used as a weapon or modified to be used as
a weapon, which expels a projectile through a
barrel by the force of an explosion or other form
of combustion. Any person violating this section
is guilty of a misdemeanor.
[Sacramento City Code current through
Ordinance 2009 -019 and the May 2009 code
supplement] San Diego County Code
Title 2. Licenses, Business Regulations and
Business Taxes
Division 1. Business Regulations
Chapter 12. Firearms Dealers
21.1201. Purpose and Intent. California
Penal Code sections 12070 -12083 regulate the
sale of firearms and provide that the duly
constituted licensing authority of a county shall
accept applications for and may grant licenses
permitting licensees to sell firearms at retail
within its jurisdiction. This chapter appoints the
Sheriff as the licensing authority for retail
firearms sales in the unincorporated area of the
County and implements these sections of the
Penal Code applicable to the County.
21.1202. Definitions., For the purposes of
this chapter the following definitions shall apply:
(a) "Firearm" means any device defined as a
firearm in Penal Code section 12001.
(b) "Firearms dealer" means a person who
meets the requirements of Penal Code section
12071(a)(1) and to whom a license has been
issued pursuant to this chapter.
(c) "Firearms dealer employee" means a
person who works for a firearms dealer as an
agent, employee or representative.
21.1203. License Required. The licensing
authority for firearm dealers in the
unincorporated area of the County is the Sheriff.
It shall be unlawful for any person to sell, lease
or transfer a firearm in the unincorporated area
of the County without a license issued by the
Sheriff pursuant to Penal Code section 12071.
This section shall not apply to a firearms
transaction excluded under Penal Code section
12070. A person requesting a license under this
chapter shall submit an application on a form
provided by the Sheriff. A firearms dealer's
license is governed by sections 21.101 - 21.117
and any additional conditions in this chapter.
21.1204. Minimum Age for Firearms Dealer.
The minimum age to be a firearms dealer is 21.
21.1205. Additional Grounds for Denial of
License. in addition to the grounds for denial of
a license under section 21.108 the Sheriff may
deny a firearms dealer's license if the dealer fails
to meet any requirement under Penal Code
section 12071 or if the Sheriff determines the
applicant:
(a) Is disqualified from owning or possessing
a firearm under federal, State or County laws or
regulations.
(b) Has within five years preceding the date of
the application been convicted of any offense
relating to the manufacture, sale, possession,
use or registration of any firearm or any
"dangerous weapon" or "deadly weapon," as
those terms are defined under federal law, or the
law of any state.
21.1206. Clearance for Firearms Dealer
Employee.
(a) No person shall be employed as an
employee of a firearms dealer without a written
clearance from the Sheriff. An employee of a
firearms dealer is required to renew the written
clearance from the Sheriff annually.
(b) A person seeking to be employed by a
firearms dealer shall submit fingerprints and
complete a form provided by the Sheriff. A
person requesting clearance under this section
shall be subject to investigation under section
21.107. The Sheriff may deny the clearance
based upon any of the grounds in sections
21.108 and 21.1205. The Sheriff shall issue or
deny the clearance in writing within 30 days after
a completed request for clearance has been
submitted. The Sheriff may suspend or revoke a
person's clearance under this section on any of
the grounds for which a license or permit may be
suspended or revoked under section 21.112.
(c) It shall be unlawful for a firearms dealer to
employ any person who does not have a current
clearance from the Sheriff to be a firearms
dealer employee.
21.1207. No Transactions at Unauthorized
Locations. Except as provided in Penal Code
Page 75
section 12071(b)(1)(B) and (C), a firearms
dealer shall only conduct firearms transactions
at the location specified in the license.
21.1208. Transaction Records and
Inspection. A firearms dealer shall maintain all
firearms transaction records required by federal
and State law and have them available for
inspection. During business hours, a firearms
dealer shall allow any Sheriffs Department
employee and any peace officer to inspect
firearms transaction records, firearms, firearm
accessories and all places where transaction
records, firearms and firearm accessories are
stored.
21.1209. — Compliance with Requirement
for Secondhand Goods Dealers. A firearms
dealer licensed under this chapter who acquires
a secondhand or used firearm for resale shall
comply with sections 21.701 - 21.706 and State
law requirements for acquisition and sales of
secondhand goods.
[San Diego County Code current through
July 23, 2009]
San Diego Municipal Code
Chapter 3. Business Regulations, Business
Taxes, Permits and Licenses
Article 3. Police Regulated Business
Regulations
Division 42. Regulation of Firearm Dealers
33.4201. Permit Required.
(a) It is unlawful for any person to engage in
business as a Firearm Dealer without a Firearm
Dealer permit issued by the Chief of Police.
(b) It is unlawful for any person to sell, deliver,
or otherwise transfer any firearm in violation of
state or federal law or without the permit
required by Section 33.4201.
33.4202. Definitions.
For the purpose of this Division, the following
words mean:
"Chief of Police" means the Chief of Police
or the Chiefs designated representative.
"Firearm" means any device designed to be
used as a weapon, from which a projectile is ex-
pelled through a barrel by the force of any explo-
sion or other form of combustion. A "Firearm" in-
cludes any device defined as a firearm in Cali-
fornia Penal Code Section 12002.
"Firearm Dealer" means any person who ob-
tains a Federal Firearms Dealers License for the
business of:
(a) Selling, transferring, or leasing any new or
used Firearms at wholesale or retail; or
(b) advertising for sale, transfer, or lease any
new or used Firearms at wholesale or retail; or
(c) offering or exposing for sale, transfer, or
lease, any new or used Firearms at wholesale or
retail.
"Person" has the same meaning as that in
San Diego Municipal Code section 11.0210.
33.4201 Application for Permit.
(a) The Chief of Police shall prescribe the
application form for a Firearm Dealer permit.
(b) Any person proposing to engage in busi-
ness as a Firearm Dealer within the City of San
Diego shall secure the applicable federal license
and shall have thirty (30) calendar days after re-
ceipt of such federal license to apply for a City
permit in compliance with the provisions of this
Division.
33.4204. Issuance or Denial of Permit.
Except as otherwise provided in this Code, upon
completion of the background investigation of
the applicant, the Chief of Police or designated
representative shall Issue the permit unless:
(a) The applicant has knowingly made false or
misleading statements of a material fact or
omitted, a material fact in the application; or
(b) The operation of the Firearm Dealer
business as proposed in the application for the
permit will violate any applicable building, fire,
health or zoning requirement set forth in this
Code; or
(c) The applicant is under twenty one (21)
years of age; or
(d) The applicant had a similar permit or
license previously revoked or denied for good
cause within one year immediately preceding
the date of the filing of the application, or
(e) The applicant has not been licensed as a
Firearms Dealer as required federal law and the
State of California; or
(f) The applicant, within five (5) years
immediate preceding the date of the filing of the
application has been convicted in a court of
competent jurisdiction of any of the following
offenses:
(1) Any offense involving the use of force or
violence upon the person of another; or
(2) Any offense of theft, embezzlement, or
receiving of stolen property; or
(3) Any felony offense involving the sale,
manufacture, possession or use of any
controlled substance as defined by the California
Health and Safety Code; or
(4) Any offense committed in another state
which, if committed in this state, would have
been punishable as one of the offenses
specified above and immediately preceding; or
(g) The applicant is under indictment for, or
has been convicted of, any violation of any
federal, state, or local law relating to
manufacture, sale, transfer, lease, registration,
use or possession of any firearm or ammunition;
or
(h) The applicant fails to remove the authority
of any officer, agent or employee to act on
behalf of the applicant in the Firearms Dealer
business within five (5) working days after the
applicant receives written notification by certified
mail or personal delivery from the Chief of
Police, that:
(1) any officer, employee, or agent of the
applicant is under indictment for, or has been
convicted of, any violation of federal, state or
local law relating to the manufacture, sale,
transfer, lease, registration, use or possession of
any firearm or ammunition; or
(2) any officer, employee or agent of the
applicant is a person in a prohibited class
described in section 12021 or 12021.1 of the
California Penal Code or section 8100 or 8103
of the Welfare and Institutions Code; or
(i) The applicant is a person in a prohibited
class described in section 12021 or 12021.1 of
the California Penal Code or section 8100 or
8103 of the Welfare and Institutions Code; or
(j) The applicant has failed to provide
evidence of a possessory interest, such as the
interest of an owner, tenant, lessee or
sublessee, in the property where the proposed
business will be conducted; or
(k) The applicant has failed to obtain a zoning
use certificate required by this Code.
33.4206. Right of Inspection. Firearm Deal-
ers shall have their places of business open to
Police Department inspection during all hours of
operations. Firearm Dealers shall maintain all
Firearms records and documents, Firearms and
storage places in a manner and place ac-
cessible for inspection by Police Department
personnel.
33.4207. Permit Not Transferable. A Firearm
Dealer permit may be issued only to a specific
person to conduct business as a dealer at a
specific location and at gun shows in accord-
ance with California Penal Code section 12071.
It is unlawful for any person to transfer a Firearm
Dealer permit to another person or from one
location to another without prior written approval
of the Chief of Police. Any attempted transfer
shall be ineffective.
33.4208. Permit Restricted to One Loca-
tion. The Firearm Dealer business may be car-
ried on only in the location designated in the per-
mit. Only one Firearm Dealer permit may be is-
sued per location.
33.4209. Display of Permit Required. The
Firearm Dealer permit or a copy thereof, certified
by the issuing authority, shall be displayed on
the premises where it can be easily read.
33.4210. Business and Security Regu-
lations.
(a) All Firearm Dealers and officers, em-
ployees or agents of the Firearm Dealers, shall
comply with all provisions of California Penal
Code section 12071, which include business
regulations and the building specifications for
Firearm security.
(b) All sellers of Firearms shall protect such
Firearms from theft during business hours in the
following manner:
(1) All Firearms shall be in locked cabinets, a
secure rack, or a storage area so that access to
firearms is controlled by the dealer or an em-
ployee, to the exclusion of all others.
(2) The Firearm Dealer, agent, or employee
shall be present when a prospective buyer or
seller is handling any Firearm.
33.4212. Provision of Trigger Locks.
(a) It is unlawful for any firearm dealer to sell,
give, lend or transfer ownership of any firearm
without also providing with the firearm a trigger
locking or similar device approved by the Chief
of Police. The trigger locking or similar device
shall be designed to prevent the unintentional
discharge of the firearm. The trigger locking or
similar device shall be attached to the firearm
prior to the completion of the sale, gift, lending
or transfer transaction, and the firearm must
leave the premises of the firearms dealer with
the trigger locking or similar device attached. If a
trigger locking or similar device cannot be at-
tached because the firearm lacks a trigger
guard, a lockable bag or box shall be used in
lieu of a trigger locking or similar device. Nothing
in this section shall prevent the firearms dealer
from recovering the cost of the trigger locking or
similar device by charging a price for the lock,
either separately or as part of the price of the
firearm.
(b) It is unlawful for any firearm dealer sell,
give, lend or transfer ownership of any firearm,
without providing with the firearm printed materi-
al, approved by the Chief of Police, that advises
the user of safe firearm storage practices.
(c) In connection with any sale, gift, loan or
transfer of a firearm, the firearm dealer shall ob-
tain from the person receiving the firearm a sign-
ed acknowledgment that a trigger locking or sim-
ilar device required by section 33.4212(a) of this
Municipal Code, and the printed material re-
quired by section 33.4212(b), has been provided
with the firearm. The acknowledgment shall be
in a form approved by the Chief of Police. The
firearm dealer shall retain signed acknowledg-
Page 76
ments of receipt in the same manner and to the
same extent as required by State law for other
firearm transaction records.
(d) A firearm dealer who has fully complied
with the provisions of this section relating to trig-
ger locking or similar devices shall not be pre-
sumed to have made any representation to the
transferee regarding the safety or appropriate-
ness of the use of the trigger locking or similar
device, nor shall the firearm dealer be liable in
any civil action brought against the firearm deal-
er, to the extent such liability would be based
solely upon the act of furnishing the trigger lock-
ing or similar device to a person in compliance
with this section.
(e) The requirements of section 33.4212 shall
be in force and effect, and shall apply to all fire-
arms dealers now or hereafter licensed, ninety
days after the date on which the Chief of Police
sends written notice to currently - licensed fire-
arms dealers of the approved trigger locking or
similar devices, printed safety material and form
of acknowledgment.
(f) The provisions of this section shall not ap-
ply to temporary lending transaction in which the
firearm does not leave the premises of the fire-
arms dealer.
(g) The requirements in sections 33.4212 (a),
(b), and (c) shall not apply to firearms that are
curios or relics, as defined by federal law, Title
27 Code of Federal Regulations section 178.
(h) The requirements in sections 33.4212(a),
(b) and (c) shall not apply to firearms dealers
when they are involved in private party transfers
conducted pursuant to California Penal Code
section 12082.
Chapter 5. Public Safety, Morals and Welfare
Article 3. Firearms - Dangerous Weapons -
Explosives - Hazardous Trades
53.15.2. Possession of Air Guns, Pointed
Missiles, Etc. by Minors.
(a) Except as provided in this section, it is un-
lawful for any person under the age of eighteen
to have in his or her possession, upon any pub-
lic street or sidewalk or in any public gathering
place within the corporate limits of the City any
air gun, sharp pointed missile, dart or arrow,
described in Municipal Code section 53.15.
(b) This section shall not apply to any minor
engaged in supervised or otherwise lawful activ-
ity involving such weapons, or who is going to or
returning from a place where the minor was en-
gaged in such supervised or otherwise lawful
activity.
53.16. Penalties for Firearms and Other
Weapons Offenses....
(c) Any parent or legal guardian, or person
over the age of eighteen, is also guilty of a mis-
demeanor, if:
(1) he or she possesses on any premises or
within a vehicle under his or her custody or con-
trol, any of the firearms identified in Municipal
Code sections 53.10, and
(2) he or she knows or reasonably should
know that a minor is likely to gain access to such
firearm, and
(3) a minor obtains and fires or discharges
such firearm in violation of sections 53.10.
(d) A violation of Municipal Code sections
53.10, 53.15 or 53.15.1 occurring within 1,500
feet of a private or public day care center, school
or school grounds, is a misdemeanor, and the
penalty for conviction of the same is punishable
by a fine of not more than $1,000, or by
imprisonment in the county jail for not more than
one year, or both. A violation of sections 53.10,
53.15 or 53.15.1 may also be prosecuted in
accordance with Chapter 1 of the Municipal
Code,
53.31. Assault Weapons, Nuisance, Tem-
porary Custody.
(a) The term "assault weapon," as used in this
Section, shall include:
(1) Any semiautomatic action, centerfire rifle
or carbine which accepts a detachable maga-
zine with a capacity of twenty (20) rounds or
more, with a barrel of more than sixteen (16)
inches, including but not limited to the following
firearms or their copies: AR 15 semiautomatic
assault rifles, Uzi semiautomatic assault rifles or
carbines, Ingram Mac -10 semiautomatic assault
carbines, Ingram Mac -11 semiautomatic assault
carbines, Heckler and Koch 93 semiautomatic
assault rifles, Heckler and Koch 91 semiautoma-
tic assault rifles, AK -47 semiautomatic assault
rifles, AKM -47 semiautomatic assault rifles, all
Avtomat Kalashnikov weapons, M1 -A semiauto-
matic assault rifles, M -14 semiautomatic assault
rifles, Thompson semiautomatic carbines and
any other semiautomatic carbines manufactured
by Auto Ordnance;
(2) Any shotgun with a barrel of more than
eighteen (18) inches and a folding stock or
magazine capacity of more than six (6) rounds;
(3) Any weapon which may be readily
restored to an operable assault weapon, as
defined in paragraphs 1 and 2 above; and
(4) Any part, or combination of parts, de-
signed or intended to convert a weapon into an
assault weapon, as defined above in paragraphs
1 and 2, or any combination of parts from which
an assault weapon may be readily assembled, if
those parts are in the possession or under the
control of the same person.
(b) As used in this Section, the term "semi-
automatic" means a weapon which fires a single
projectile for each single pull of the trigger and
which employs a magazine.
(c) The term "assault weapon" does not in-
clude any of the following:
(1) Any of the above generally and specifically
described weapons which is a "machine gun" as
that term is defined by Section 12200 of the
Penal Code of the State of California; any pistol,
revolver or other firearm which is capable of be-
ing concealed upon one's person, as defined
and regulated by the provisions of Sections
12021 and 12025 of the Penal Code of the State
of California;
(2) Any of the following: weapons which do
not use fixed ammunition, weapons which were
manufactured prior to 1898, manually operated
bolt action weapons, lever action weapons, slide
action weapons, single -shot weapons. Multiple -
barrel weapons, revolving cylinder weapons,
semiautomatic weapons which use exclusively
Mannlicher -style clips, semiautomatic weapons
manufactured prior to 1954, rimfire weapons that
employ a tubular magazine;
(3) Any assault weapon which is an antique or
relic firearm or other weapon falling within the
specifications of paragraphs (5) (7) and (8) of
Subsection (b) of Section 12020 of the Penal
Code of the State of California;
(4) Any short- barreled rifle or shotgun as de-
fined in Subsection (c) of Penal Code Section
12020; or
(5) Any assault weapon which has been modi-
fied either to render it permanently inoperable or
to permanently make it a device no longer de-
fined as an assault weapon.
(d) A sheriff, undersheriff, deputy sheriff, mar-
shal, deputy marshal, or police officer, as de-
fined in subdivision (a) of Section 830.1, a mem-
ber of the University of California Police Depart-
ment, as defined in subdivision (d) of Section
830.2, and a member of a California State Uni-
versity Police Department, as defined in subdivi-
sion (e) of Section 830.2, during the perform-
ance of his or her duties within the City of San
Diego may take temporary custody of any
assault weapon in plain sight or discovered pur-
suant to a consensual search as necessary for
the protection of the peace officer or other
persons of the City of San Diego.
(e) The provisions of subsection (d) shall not
apply to assault weapons in the possession of
any person specifically authorized to possess
concealed or loaded firearms within the City
limits of San Diego pursuant to the Dangerous
Weapons' Control Law, California Penal Code
Section 1200 et seq.
(f) Upon taking custody of an assault weapon,
the officer shall give the owner or person who
possessed the assault weapon a receipt. The re-
ceipt shall describe the assault weapon and list
any identification or serial number on the assault
weapon. The receipt shall indicate where the
firearm can be recovered and the date after
which the owner or possessor can recover the
assault weapon. No assault weapon shall be
held less than forty -eight (48) hours. If an as-
sault weapon is not retained for use as evidence
related to criminal charges or is not retained be-
cause it was illegally possessed, the assault
weapon shall be made available to the owner or
person who was in lawful possession forty -eight
(48) hours after the seizure or as soon thereafter
as possible, but no later than seventy -two (72)
hours after the seizure.
(g) Any assault weapon which has been taken
into custody which has been stolen shall be re-
stored to the lawful owner, as soon as its use for
evidence has been served, upon his or her iden-
tification of the firearm and proof of ownership.
(h) Any assault weapon taken into custody
and held by a police, university police, or sher-
iffs department or by a marshal's office, for
longer than twelve (12) months and not recov-
ered by the owner or person who has lawful
possession at the time it was taken into custody,
shall be considered a nuisance and sold or de-
stroyed as provided in subdivision (c) of Section
12028.
[San Diego Municipal Code current as of May
2009]
San Francisco Police Code
Article 9. Miscellaneous Conduct
Regulations
613. Regulating Sale of Firearms. It shall be
unlawful for any person, firm, corporation or
dealer engaging in the business of selling, leas-
ing or otherwise transferring any firearm, fire-
arms ammunition, or firearms ammunition com-
ponent to sell, lease or otherwise transfer any
firearm, firearms ammunition or firearms ammu-
nition component without first having obtained a
license from the San Francisco Police Depart-
ment. The Department shall make available ap-
plication forms requiring applicants to provide
the information set forth in Section 613.2, and
shall collect a nonrefundable application fee
from each applicant.
The Chief of Police shall recommend to the
Board of Supervisors, on or before April 1, 1994,
a fee which shall be sufficient to recover all
Page 77
costs associated with regulating the sale of
firearms under this Article, including but not
limited to, processing applications, monitoring
licensees, and enforcing the provisions of this
Article. The fee shall be set by the Board of
Supervisors.
613.1. Definitions.
(a) "Firearm" shall mean any device, designed
to be used as a weapon or modified to be used
as a weapon, that expels a projectile by the
force of an explosion or other form of combus-
tion.
(b) "Firearm ammunition" shall mean any cart-
ridge or encasement containing a bullet or pro-
jectile, propellant or explosive charge, and a
primer which is used in the operation of a fire-
arm.
(c) "Firearm ammunition component' shall
mean any cartridge or encasement, bullet or
projectile, primer or propellant or explosive
material used in the manufacture of ammunition.
(d) "Firearm capable of being concealed upon
the person" shall mean any such firearm as de-
fined in California Penal Code Section 12001(a).
(e) "Transfer" shall include, but shall not be
limited to, the redemption of a pawned or
pledged firearm by any individual including the
individual who pawned or pledged the firearm.
(f) "Ultracompact firearm" shall mean any pis-
tol, revolver, handgun or other firearm that is
6.75 inches or less in length or 4.5 inches or
less in height, measured with the magazine de-
tached, but shall not include any such firearm
that is an unsafe handgun defined by Section
12126 of the California Penal Code.
613.2. Application Form and Background
Check Requirements.
(a) The application for a license to engage in
the business of selling, leasing or otherwise
transferring any firearm, firearms ammunition, or
firearms ammunition component shall be signed
under penalty of perjury and shall set forth:
(1) The name, age and address of the
applicant, as well as the name, age and address
of all persons who will have access to or control
of workplace firearms, firearm ammunition, or
firearm ammunition components, including but
not limited to, the applicant's employees, agents
and or supervisors, if any;
(2) The address of the location for which the
license is required, together with the business
name of such location, if any;
(3) All convictions of the applicant for any of
the offenses listed in Section 613.3(e);
(4) All information relating to licenses or
permits relating to firearms or other weapons
sought by the applicant from other jurisdictions,
including, but not limited to date of application
and whether each such application resulted in
issuance of a license;
(5) All information relating to revocations of
licenses or permits relating to firearms, including
but not limited to date and circumstances of
revocation;
(6) Applicant's agreement to indemnify,
defend, and hold harmless the City, Its officers,
agents, and employees, from and against any
and all claims, losses, costs, damages and
liabilities of any kind, arising in any manner out
of the applicant's negligence or intentional or
willful misconduct;
(7) Applicant's understanding that the City
shall have the right to enter the building
designated in the license from time to time
during regular business hours to make
reasonable inspections and to investigate and
enforce compliance with building, mechanical,
fire, electrical, plumbing, or health regulations,
provisions of this Article, and all other applicable
federal, state, and local laws.
(b) Each application must be accompanied by
evidence that the applicant has satisfied the
insurance requirements stated in Section 613.13
of this Article.
(c) All persons listed on the application form
as having access to, or control of, workplace
firearms, firearm ammunition, or firearm
ammunition components shall obtain a
certificate of eligibility under Penal Code Section
12071 from the state Department of Justice. A
copy of the certificate of eligibility for each such
person shall be submitted with the application.
(d) The Chief of Police shall conduct a
criminal history background check on the
applicant and on all other persons listed on the
application form as having access to, or control
of, workplace firearms, firearm ammunition, or
firearm ammunition components, including but
not limited to, the applicant's employees, agents
and /or supervisors, if any, and shall determine
whether such persons have been convicted of
any offenses described in subsection (e) of
Section 613.3, or are among the persons
described in subsections (f) or (g) of Section
613.3. Where the Chief of Police determines that
one or more of the applicants, employees,
agents or supervisors have been convicted of an
offense described in subsection (e) of Section
613.3, or are among the persons described in
subsections (f) or (g) of Section 613.3, the
applicant shall have 21 days from the mailing of
written notification from the Chief of Police to
provide evidence in a form acceptable to the
Chief of Police that such persons have been
removed or reassigned so that they no longer
have access to or control of workplace firearms,
firearm ammunition, or firearm ammunition
components. In the event that an applicant fails
to comply with this subsection, the Chief of
Police shall deny the license.
(e) As used in this Section, the term
"applicant" when the applicant is other than a
natural person shall include any officer, director,
employee or agent of the applicant who has
access to, or control of, workplace firearms,
firearm ammunition, or firearm ammunition
components.
613.3. Denial of License. The Chief of Police
shall deny the issuance of a license when any of
the following conditions exist:
(a) The applicant is under the age of 21 years.
(b) The applicant is not licensed as required
by all applicable federal, State and local laws.
(c) The applicant has had a firearms license
previously revoked or denied for good cause
within the immediately preceding two years.
(d) The applicant has made a false or mis-
leading statement of a material fact, or omission
of a material fact, in the application for a license.
If a license is denied on this ground, the appli-
cant shall be prohibited from reapplying for a
license for a period of two years.
(e) The applicant has been convicted of:
(1) Any offense so as to disqualify the appli-
cant from owning or possessing a firearm under
applicable federal, State, and local laws,
including but not limited to the offenses listed in
California Penal Code Section 12021;
(2) Any offense relating to the manufacture,
sale, possession, use, or registration of any fire-
arm or dangerous or deadly weapon;
(3) Any offense involving the use of force or
violence upon the person of another;
(4) Any offense involving theft, fraud, dis-
honesty, or deceit, including but not limited to
any of the offenses listed in Title 7 (Crimes
Against Public Justice) and title 13, Chapters 4
(Forgery and Counterfeiting), 5 (Larceny), 6
(Embezzlement), 7 (Extortion), 8 (False Per-
sonation), 13 and 14 (Fraud) of the California
Penal Code;
(5) Any offense involving the manufacture,
sale, possession or use of any controlled sub-
stance as defined by the California Health and
Safety Code as said definition now reads or may
hereafter be amended to read.
(f) The applicant is within the classes of per-
sons defined In California Welfare and Institu-
tions Code Sections 8100 or 8103.
(g) The applicant is (1) currently, or has been
within the past two years, an unlawful user of
any controlled substance as defined by the Cali -
fornia Health and Safety Code as said definition
now reads or may hereafter be amended to
read; or (2) an excessive user of alcohol, to the
extent that such use would impair his or her
fitness to be a dealer in firearms.
(h) The operation of the business as. pro-
posed would not comply with all applicable fed-
eral, State, and local laws.
(1) The applicant, or an officer, employee, or
agent thereof, proposes to operate in the fol-
lowing locations:
(1) Within any RH, RM, RC, NC or RED zon-
ing district, or within 1,000 feet of the exterior
limits of any such district;
(2) Within 1,000 feet of a public or private day
care center or day care home, or within 1,000
feet of any elementary, junior high or high school
whether public or private;
(3) On or within 1,500 feet of the exterior
limits of any other premises used as a place of
business by a dealer in firearms;
(4) Within 1,000 feet of a community center,
church, neighborhood center, recreational cen-
ter, whether public or private, where regularly
scheduled activities are conducted for people
under 18 years of age.
(j) The applicant, or an officer, employee or
agent thereof does not have, and /or cannot pro-
vide evidence of a possessory interest in the
property at which the proposed business will be
conducted.
(k) Any other ground for denial exists under
any applicable provision of federal, State or local
law.
(1) The applicant fails to comply with the
requirements of subsections (c) or (d) of Section
613.2.
As used in this Section, the term "applicant"
when the applicant is other than a natural per-
son shall include any officer, director, employee
or agent of the applicant who has access to, or
control of, workplace firearms, firearm
ammunition or firearm ammunition components.
613.8. Nonassignabilityof License. The as-
signment or attempt to assign any license issued
pursuant to this Article is unlawful and any such
assignment or attempt to assign a license shall
render the license null and void.
613.9. Security. In order to discourage the
theft of firearms stored on the premises of a fire-
arms dealer, each business licensed under this
Article must adhere to security measures as re-
quired by the Chief of Police. Security measures
shall include but not be limited to:
(a) Provision of secure locks, windows and
doors, adequate lighting, and alarms as speci-
fied by the Chief of Police;
(b) Storage of all firearms on the premises out
of the reach of customers in secure, locked facil-
ities, so that access to firearms shall be con-
trolled by the dealer or employees of the dealer,
to the exclusion of all others.
Page 78
613.10. License -- Conditions. In addition to
all other requirements and conditions stated in
this Article, each license shall be subject to all of
the following conditions, the breach of any of
which shall be sufficient cause for revocation of
the license by the Chief of Police:
(a) The business shall be carried on only in
the building located at the street address shown
on the license, except as otherwise authorized
under Section 12071(b)(1) of the California
Penal Code.
(b) The licensee shall comply with Sections
12073, 12074, 12076, 12077 and 12082 of the
California Penal Code, to the extent that the
provisions remain in effect.
(c) The licensee shall not deliver any pistol or
revolver to a purchaser earlier than 10 days after
the application for the purchase, lease or
transfer, unless otherwise provided by State or
federal law.
(d) The licensee shall not deliver any firearm
to a purchaser, lessee or other transferee unless
the firearm Is unloaded and securely wrapped or
unloaded in a locked container.
(e) The licensee shall not deliver any firearm,
firearm ammunition, or firearm ammunition
component to a purchaser, lessee or other
transferee unless the purchaser, lessee or other
transferee presents clear evidence of his or her
identity and age to the seller. As used in this
Section, "clear evidence of his or her identity
and age" includes, but is not limited to, a motor
vehicle operator's license, a State identification
card, an armed forces identification card, an
employment identification card which contains
the bearer's signature and photograph, or any
similar documentation which provides the seller
reasonable assurance of the identity and age of
the purchaser.
(f) The licensee shall not display in any part of
the premises where it can be readily seen from
outside the premises, any firearm, firearm
ammunition or imitation thereof, or placard
advertising the sale or other transfer thereof,
other than a sign identifying the name of the
business.
(g) The licensee shall not sell, lease or
otherwise transfer to any person any
ammunition that:
(1) Serves no sporting purpose;
(2) Is designed to expand upon impact and
utilize the jacket, shot or materials embedded
within the jacket or shot to project or disperse
barbs or other objects that are intended to
increase the damage to a human body or other
target (including, but not limited to, Winchester
Black Talon, Speer Gold Dot, Federal Hydra -
Shok, Hornady XTP, Eldorado Starfire, Hollow
Point Ammunition and Remington Golden Sabre
ammunition; or
(3) Is designed to fragment upon impact
(including, but not limited to, Black Rhino bullets
and Glaser Safety Slugs).
This subsection does not apply to
conventional hollow -point ammunition with a
solid lead core when the purchase is made for
official law enforcement purposes and the
purchaser is authorized to make such a
purchase by the director of a public law
enforcement agency such as the Chief of the
San Francisco Police Department or the Sheriff
of the City and County of San Francisco.
(h) The licensee shall post within the
licensee's premises a notice stating the
following:
"THE CALIFORNIA PENAL CODE PROHIBITS
THE SALE OF FIREARMS OR FIREARMS
AMMUNITION TO PERSONS UNDER THE
AGE OF 18, AND FURTHER GENERALLY
PROHIBITS THE SALE OF A PISTOL,
REVOLVER, OR FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON TO
ANY PERSON UNDER THE AGE OF 21."
The posted notice shall be in a conspicuous
location, shall be in 36 point type block letters in
black ink on a white background, and shall be
located so that the notice can easily and clearly
be seen by all prospective purchasers of
firearms and firearm ammunition.
(i) The licensee shall not sell, lease or
otherwise transfer any ultracompact firearm
except as authorized by Section 613.10 -2 or any
50 caliber firearm or 50 caliber cartridge except
as authorized by Section 613.10 -1.
G) Any license issued pursuant to this Article
shall be subject to such additional conditions as
the Chief of Police finds are reasonably related
to the purpose of this Article.
(k) The licensee shall comply with the
requirements of Section 613.10 -3 and shall, in
addition, post the appropriate notice or notices,
as specified below, in a conspicuous location at
the entrance of the licensee's premises (or at the
entrance to the separate room or, enclosure
pursuant to Section 613.10- 3(c)). Such notice
shall be in 36 point type block letters in black ink
on a white background.
(1) Licensees that sell, lease or otherwise
transfer firearms, other than firearms capable of
being concealed on the person, shall post a
notice at the entrance to the premises (or at the
entrance to the separate room or enclosure
pursuant to Section 613.10 -3(c)) stating the
following:
"THE SAN FRANCISCO POLICE CODE
REQUIRES THAT FIREARMS DEALERS
PROHIBIT ENTRY BY PERSONS UNDER AGE
18, AND FURTHER PROHIBITS ENTRY BY (1)
PERSONS CONVICTED OF A VIOLENT
OFFENSE WHO ARE PROHIBITED FROM
POSSESSING FIREARMS PURSUANT TO
CALIFORNIA PENAL CODE SECTIONS 12021
OR 12021.1; AND (2) PERSONS WHO ARE
CURRENTLY PROHIBITED FROM
POSSESSING FIREARMS BECAUSE THEY
HAVE BEEN ADJUDICATED AS MENTALLY
DISORDERED, NOT GUILTY BY REASON OF
INSANITY OR INCOMPETENT TO STAND
TRIAL."
(2) Licensees that sell, lease or otherwise
transfer firearms capable of being concealed on
the person shall post a notice at the entrance to
the premises (or at the entrance to the separate
room or enclosure containing such firearms
pursuant to Section 613.10 -3(c)) stating the
following:
"THE SAN FRANCISCO POLICE CODE
REQUIRES THAT FIREARMS DEALERS
PROHIBIT ENTRY BY PERSONS UNDER AGE
21, AND FURTHER PROHIBITS ENTRY BY (1)
PERSONS CONVICTED OF A VIOLENT
OFFENSE WHO ARE PROHIBITED FROM
POSSESSING FIREARMS PURSUANT TO
CALIFORNIA PENAL CODE SECTIONS 12021
OR 12021.1; AND (2) PERSONS WHO ARE
CURRENTLY PROHIBITED FROM
POSSESSING FIREARMS BECAUSE THEY
HAVE BEEN ADJUDICATED AS MENTALLY
DISORDERED, NOT GUILTY BY REASON OF
INSANITY OR INCOMPETENT TO STAND
TRIAL."
(3) Licensees that sell, lease or otherwise
transfer firearms capable of being concealed on
the person, but who keep such firearms in a
separate room or enclosure in accordance with
Section 613.10 -3(c) shall post the notice
required by paragraph (1) at the entrance to the
premises or separate room or enclosure
containing firearms that are not capable of being
concealed on the person, and shall post the
notice required by paragraph (2) at the entrance
to the separate room or enclosure containing
firearms capable of being concealed on the
person.
(1) The licensee shall notify the Chief of Police
of the name, age and address of, and submit a
certificate of eligibility under Penal Code Section
12071 from the State Department of Justice for,
any person not listed on the licensee's
application under Section 613.2(a)(1) who will
be given access to, or control of, workplace
firearms, firearm ammunition, or firearm
ammunition components. The licensee shall
submit the required information and certificate
within 10 days of such person being employed
or otherwise being given access to, or control
over workplace firearms, firearm ammunition, or
firearm ammunition components.
(m) Within the first five business days of April
and October of each year, licensees shall cause
a physical inventory to be taken that includes a
listing of each firearm held by the licensee by
make, model, and serial number, together with a
listing of each firearm the licensee has sold
since the last inventory period. In addition, the
inventory shall include a listing of each firearm
lost or stolen that is required to be reported
pursuant to Penal Code Section 12071(b)(13).
Licensees shall maintain a copy of the inventory
on the premises for which the license was
issued. Immediately upon completion of the
inventory, licensees shall forward a copy of the
inventory to the address specified by the Chief
of Police, by such means as specified by the
Chief of Police. With each copy of the inventory,
licensees shall include an affidavit signed by the
licensee (or, if the licensee is not a natural
person, by an officer, general manager, or other
principal of the licensee) stating under penalty of
perjury that within the first five business days of
that April or October, as the case may be, the
signer personally confirmed the presence of the
firearms reported on the inventory.
613.10 -1. Sale or Transfer of 50 Caliber
Firearms and Cartridges Restricted.
(a) Findings...
(b) Purpose and intent. The purpose and
intent of this Section is to protect the health,
safety, security and general welfare of the
citizens of the City and County of San Francisco
and the City's law enforcement personnel by
reducing the risk of personal injury, death or
property damage caused by 50 caliber firearms.
Specifically with respect to regulating 50 caliber
handguns, it is the purpose and intent of this
Section to protect of the citizens of the City and
County of San Francisco and the City's law
enforcement personnel by reducing the risk of
personal injury, death or property damage
caused by persons using 50 caliber handguns.
It is not the intent of this Section to address the
problem of handgun safety, as addressed, for
example in Sections 12125 through 12133 of the
California Penal Code, or to otherwise regulate
50 caliber handguns based on consumer
product safety considerations for the person
using the handgun.
(c) Definitions.
(1) As used in this section, the term "50
caliber firearm" shall mean any firearm, as
defined in Section 613.1 of this Article, capable
of firing a centerfire 50 caliber cartridge.
(2) As used in this section, the term "50
caliber cartridge" shall mean a firearm
Page 79
ammunition cartridge in 50 caliber, either by
designation or actual measurement, or any
metric equivalent, including but not limited to
a .50 BMG cartridge, that is capable of being
fired from a centerfire rifle or a handgun. The
term "50 caliber cartridge" does not include any
memorabilia or display item that is filled with a
permanent inert substance or that Is otherwise
permanently altered in a manner that prevents
ready modification for use as live ammunition.
(3) As used in this section, the term "rifle"
shall mean any firearm that is designed or
redesigned, made or remade, and intended to
be fired from the shoulder, and which is
designed or redesigned, made or remade to use
the energy in a fixed cartridge to fire only a
single projectile through a rifled bore for each
single pull of the trigger. The term "rifle" shall
not include any shotgun.
(4) As used in this section, the term
"handgun" shall mean any firearm with a barrel
less than 16 inches in length. The term
"handgun" shall include any pistol, revolver, or
concealable firearm as such terms are defined in
the California Penal Code.
(d) Sale or Transfer of 50 Caliber Firearms
and Cartridges Restricted. No person shall sell,
give, transfer, offer for sale or display for sale
any 50 caliber firearm or 50 caliber cartridge
except as authorized by paragraph (e) of this
Section.
(e) Exceptions.
(1) The provisions of Subsection (d) of this
Section shall not apply to:
(A) the sale or other transfer of a 50 caliber
firearm or 50 caliber cartridge which is prohibited
under state law, including, but not limited to, the
sale or transfer of any assault weapon as
defined in the California Penal Code;
(B) the sale or other transfer of a 50 caliber
firearm which is an antique firearm, as defined in
paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code;
(C) the delivery of a 50 caliber firearm to a
licensed gunsmith, as defined in California Penal
Code Section 12001(r), or to a person licensed
pursuant to California Penal Code Section
12071, for purposes of service or repair, or to
the return of the firearm to its owner by the
gunsmith or the licensee following the
completion of service or repairs;
(D) the return of a 50 caliber firearm to its
owner by a person licensed pursuant to this
Article where the firearm was initially delivered
to the licensee for the purpose of a consignment
sale or as collateral for a pawnbroker loan; or
(E) the offer for sale or display in any
periodical, solicitation by mail or use of the
Internet of a 50 caliber firearm or 50 caliber
cartridge by any person or entity where the
seller or offeror is located outside of the City and
County of San Francisco.
(F) the loan of an unloaded 50' caliber firearm
to a person for use solely as a prop in a motion
picture, television, video, theatrical or other
entertainment production or event, provided that
such person is in compliance with Section 12081
of the California Penal Code.
(2) The provisions of Subsection (d) of this
Section shall not apply to the sale or other
transfer of a 50 caliber firearm or 50 caliber
cartridge where the purchaser or transferee is
any of the following:
(A) A law enforcement agency;
(B) An agency duly authorized to perform law
enforcement duties;
(C) A state or local correctional facility;
(D) A federal law enforcement officer,
provided such law enforcement officer is
authorized to acquire a 50 caliber firearm and /or
50 caliber cartridges and does so while acting
within the course and scope of his or her
employment:
(E) A person described in Sections 12302 or
12322(a) of the California Penal Code; provided
such person is authorized to acquire a 50 caliber
firearm and /or 50 caliber cartridges and does so
while acting within the course and scope of his
or her employment;
(F) A person who is properly identified as a
full -time paid peace officer as defined in
Sections 830.1, 830.2, 830.4, or 830.5 of the
California Penal Code, provided such peace
officer is authorized to acquire a 50 caliber
firearm and /or 50 caliber cartridge and does so
while acting within the course and scope of his
or her employment;
(G) A firearms dealer who has been issued a
Federal Firearms License, and who is in
compliance with the requirements of Section
12071 of the California Penal Code,
(H) A person or entity conducting a
transaction described in subdivision (k) of
Section 12078 of the California Penal Code:
(1) A person acquiring a 50 caliber firearm or
50 caliber cartridge by bequest or intestate
succession, or otherwise by operation of law,
provided that such firearms or cartridges are
transferred to a law enforcement agency or to a
person licensed pursuant to California Penal
Code Section 12071 within 12 months from the
date that the person obtains title;
(J) A non - profit entity that is authorized to
destroy firearms, and which has agreed to
destroy the firearm being transferred;
(K) A federal, state, or local historical society,
museum, or institutional collection that is open to
the public; provided that the 50 caliber firearm is
used for display purposes, is unloaded, and is
secured from unauthorized uses.
(f) Penalties.
(1) Violation of this Section shall be
punishable as a misdemeanor. In addition, in
the case of a violation of this section by a
firearms dealer licensed under this Article, each
violation of this Section shall constitute grounds
for suspension or revocation of the licensee's
firearms dealer license.
(2) Each transaction in violation of this
Section shall be deemed a distinct and separate
violation.
(g) Sunset Provision. If the State of
California enacts legislation prohibiting or
restricting the sale or transfer of 50 caliber rifles,
50 caliber handguns, or 50 caliber cartridges
covered by this section, the requirements of this
Section shall be suspended as of the date such
legislation goes into effect with respect to any
requirements of this Section that apply to the
firearms or cartridges prohibited or restricted by
state law. If the State of California subsequently
repeals any such legislation, the suspension
shall expire by operation of law and the
previously suspended provisions shall become
operative.
613.10 -2. Sale of Ultracompact Firearms
Restricted.
(a) Findings....
(b) Purpose and Intent. The purpose and in-
tent of this Section is to protect the health, safe-
ty, and general welfare of the citizens of the City
and County of San Francisco by reducing the
potential for death or injury to citizens and law
enforcement personnel attributable to
ultracompact firearms. It is not the intent of this
Section to address the problem of handgun
safety, as addressed, for example, in Sections
12125 through 12133 of the California Penal
Code, or to otherwise regulate ultracompact
firearms based on consumer product safety
considerations for the person using the firearm.
(c) Safe of Ultracompact Firearms Restrict-
ed. No person licensed pursuant to this Article
shall sell, lease or otherwise transfer any ultra-
compact firearm except as authorized by para-
graph (d) of this Section. Nothing in this section
shall preclude any person licensed pursuant to
this Article from processing firearms transactions
between unlicensed parties pursuant to subdivi-
sion (d) of Section 12072 of the Penal Code of
the State of California.
(d) Exceptions. The requirements of this
Section shall not apply to the sale, lease or other
transfer of an ultracompact firearm in the follow-
ing circumstances:
(1) To any law enforcement agency;
(2) To any agency duly authorized to perform
law enforcement duties;
(3) To any state or local correctional facility;
(4) To a federal law enforcement officer,
provided such law enforcement officer is
authorized to acquire an ultracompact firearm
and does so while acting within the course and
scope of his or her employment;
(5) To a private security company licensed to
do business in the State of California;
(6) To a person described in Sections 12302
or 12322(a) of the California Penal Code,
provided such person is authorized to acquire an
ultracompact firearm and does so while acting
within the course and scope of his or her
employment;
(7) To any person who is properly identified
as a full -time paid peace officer; as defined in
Section 830.1, 830.2, 830.4, or 830.5 of the
California Penal Code, provided such peace
officer is authorized to acquire an ultracomplact
firearm and does so while acting within the
course and scope of his or her employment;
(8) To the sale, lease or other transfer of any
antique firearm, as defined in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the
United States Code.
(9) To the loan of an ultracompact firearm to a
person for use solely as a prop in a motion
picture, television, or video, theatrical or other
entertainment production or event, provided that
such person is in compliance with Section 12081
of the California Penal Code;
(10) To any person or entity conducting a
transaction that is exempt from the provisions of
subdivision (d) of Section 12072 of the California
Penal Code;
(11) To any person or entity conducting a
transaction described in subdivision (k) of
Section 12078 of the Penal Code of the State of
California.
(12) To a firearms dealer who has been
issued a Federal Firearms License, and who is
in compliance with the requirements of Section
12071 of the California Penal Code;
(13) To any person or entity acquiring an
ultracompact firearm by bequest, intestate
succession or otherwise by operation of law;
(14) To a non - profit entity that is authorized to
destroy firearms, and which has agreed to
destroy the firearm being transferred.
(15) To a federal, state, or local historical
society, museum, or institutional collection that
is open to the public, provided that the
ultracompact firearm is used for display
purposes, is unloaded, and is secured from
unauthorized use;
Page 80
(16) To the delivery of an ultracompact
firearm to a licensed gunsmith, as defined in
California Penal Code Section 12001(r), or to a
person licensed pursuant to California Penal
Code Section 12071, for purposes of service or
repair, or to the return of the firearm to its owner
by the gunsmith or by licensee following the
completion of service or repairs;
(17) To the return of an ultracompact firearm
to its owner by a person licensed pursuant to
this Article where the firearm was initially
delivered to the licensee for the purpose of a
consignment sale or as collateral for a
pawnbroker loan.
(e) Penalties.
(1) Violation of this section shall be punish-
able as a misdemeanor. In addition, each viola-
tion of this Section shall constitute grounds for
suspension or revocation of the licensee's fire-
arms dealer license under this Article.
(2) Each transaction in violation of this Sec-
tion shall be deemed a distinct and separate vio-
lation.
613.10 -3. Persons Prohibited From Pur-
chasing Firearms Not Permitted On Licen-
sees' Premises.
(a) No person who is prohibited from posses-
sing or purchasing firearms pursuant to Califor-
nia Penal Code Sections 12021 or 12021.1 or
Subsections (a), (b), (c) or (d) of California Wel-
fare and Institutions Code Sections 8103 shall
enter into any place of business that is licensed
pursuant to this Article to engage in the business
of selling, leasing or otherwise transferring fire-
arms and which displays the notices required by
Section 613.10(r), except in accordance with
paragraph (c) of this Section.
(b)(1) No person licensed pursuant to this Art-
icle to sell, lease or otherwise transfer firearms
shall permit the entry onto the premises that are
the subject of the license by any person who the
licensee knows or has reason to know is prohib-
ited from possessing or purchasing firearms pur-
suant to California Penal Code Sections 12021
or 12021.1, or Subsections (a), (b), (c) or (d), of
California Welfare and Institutions Code Section
8103, except in accordance with paragraph (c)
of this Section.
(2) No person licensed pursuant to this Article
to sell, lease or otherwise transfer firearms shall
permit the entry onto the premises that are the
subject of the license by any person under 18
years of age except in accordance with para-
graph (c) of this section. No person licensed pur-
suant to this Article to sell, lease or otherwise
transfer firearms and who keeps or displays for
sale, lease or other transfer firearms capable of
being concealed on the person shall permit the
entry onto the premises that are the subject of
the license by any person under 21 years of
age, except in accordance with paragraph (c) of
this section.
(3) The licensee and any of his or her agents,
employees or other persons acting under the li-
censee's authority shall be responsible for re-
quiring clear evidence of age and identity of per-
sons to prevent the entry of persons not permit-
ted to purchase a firearm under state law by rea-
son of age. Clear evidence of age and identity
includes, but is not limited to, a motor vehicle
operator's license, a State identification card, an
armed forces identification card, or an employ-
ment identification card which contains the bear-
er's signature, photograph, and age, or any simi-
lar documentation which provides reasonable
assurance of the identity and age of the individ-
ual.
(c) Exceptions.
(1) It shall not be a violation of this section for
any person who is otherwise prohibited pursuant
to subsection (a) from entering or being present
on the premises to enter or be present on the
premises if the firearms and related accessories
(including, but not limited to, ammunition, ammu-
nition clips and holsters) are kept or displayed
within a separate room or enclosure that separ-
ates such firearms and related accessories from
other merchandise, and such persons are ex-
cluded from the separate room or enclosure.
(2) It shall not be a violation of this section for
any person who the licensee is otherwise
required to keep from entering or being present
on the premises pursuant to subsection (b) to
enter or be present on the premises if the fire-
arms and related accessories (including, but not
limited to ammunition, ammunition clips and hol-
sters) are kept or displayed within a separate
room or enclosure that separates such firearms
and related accessories from other merchan-
dise, and such persons are excluded from the
separate room or enclosure. Where a licensee
keeps or displays weapons capable of being
concealed on the person in a separate roam or
enclosure that separates such firearms and re-
lated accessories, including, but not limited to,
ammunition, ammunition clips and holsters) from
other merchandise (including other firearms), it
shall not be a violation of this section for persons
at least 18 years old but less than 21 years old to
enter or be present on the premises if such
persons are excluded from the separate room or
enclosure containing firearms capable of being
concealed on the person.
(d) Penalty for violation.
(1) Any person who is prohibited from posses-
sing or purchasing firearms pursuant to Califor-
nia Penal Code Sections 12021 or 12021.1 or
Subsections (a), (b), (c) or (d) of California
Welfare and Institutions Code Section 8103 and
who knowingly enters into any place of business
that is licensed pursuant to this Article to engage
in the business of selling, leasing or otherwise
transferring firearms in violation of subsection
(a) shall be guilty of a misdemeanor.
(2) Any licensee or other person acting under
the authority of a licensee, including, but not
limited to, employees or agents of a licensee,
who knowingly allows a person to enter the
licensee's premises in violation of this section
shall be guilty of a misdemeanor.
613.11. License - Grounds For Revocation.
In addition to any other provisions of this Article,
any circumstances constituting grounds for
denial of a license shall also constitute grounds
for revocation of a license.
613.13. License - Liability Insurance. No
license shall be issued or reissued pursuant to
this Article unless there is in full force and effect
a policy of insurance in such form as the City At-
torney and the City's Risk Manager deem prop-
er, executed by an insurance company ap-
proved by the City's Risk Manager, whereby the
applicant or licensee is insured against liability
for damage to property and for injury to or death
of any person as a result of the sale, transfer or
lease, or advertising for sale, transfer or lease,
or offering or exposing for sale, transfer or lease,
of any firearm, firearm ammunition or firearm
ammunition component. The minimum liability
limits shall not be less than $1,000,000 for dam-
age to or destruction of property in any one inci-
dent, and $1,000,000 for the death or injury to
any one person; provided, however, that addi-
tional amounts may be required by the City
Attorney or City's Risk Manager if deemed nec-
essary to protect the interests of the City and its
residents.
Such policy of insurance shall contain an
endorsement providing that the policy will not be
canceled until notice in writing has been given to
the City, address in care of the Chief of Police,
850 Bryant Street, San Francisco, California,
94103, at 30 days immediately prior to the time
such cancellation becomes effective. Further,
such policy of insurance shall name the City, its
officers, agents, and employees as additional
insureds.
In addition, applicants and licensees shall
agree in writing that they shall indemnity, de-
fend, and hold harmless the City, its officers,
agents, and employees, from claims arising out
of the negligence or the intentional or willful
misconduct of the applicant or licensee.
613.14. License - Authority to Inspect. Any
and all investigating officials of the City shall
have the right to enter the building designated in
the license from time to time during regular
business hours to make reasonable inspections
and to observe and enforce compliance with
building, mechanical, fire, electrical, plumbing, or
health regulations, and provisions of this Article.
A police investigator may conduct compliance
inspections to insure conformance with all fed-
eral, state, and local laws, and all provisions of
this Article.
613.16. Temporary Suspension of License.
(a) If the Chief of Police has reason to believe
that a licensee has (1) violated any federal, state
or local law relating to the sale, lease, transfer,
use or possession of firearms, firearm ammuni-
tion or firearms ammunition components, or (2)
has committed any of the offenses set forth in
Section 613.3(e), the Chief of Police may imme-
diately suspend for a period not to exceed three
days the right of the licensee to sell, lease or
otherwise transfer firearms, firearm ammunition
or firearm ammunition components.
However, if the licensee is charged by a fed-
eral, state, or local prosecuting attorney with a
violation of any such law the Chief of Police may
suspend such license until the charges are
dismissed or the licensee is found not guilty in a
court of law. If the Chief of Police suspends a
license pursuant to this provision, the licensee
shall be provided an opportunity to present
evidence to the Chief or his or her designee that
the pending charges are without legal merit. The
Chiefs decision regarding whether to suspend a
license pending the outcome of such charges
shall be appealable to the Board of Permit
Appeals, at which proceeding the Chief shall
have the burden of proof to justify his decision.
(b) Notice of suspension shall be mailed to
the person(s) who applied for the license and
shall be delivered to the address listed on the
license.
613.17. Delivery to Tax Collector. Upon
granting said license, the Police Department
shall forward said license to the Tax Collector
who shall issue said license to the applicant
upon payment of the license fee, payable in
advance.
613.18. Rules and Regulations. The Chief of
Police is hereby authorized to promulgate such
rules and regulations after noticed hearing as
will enable the Police Department to effectu -ate
the purposes of this ordinance. Failure to comply
with such rules and regulations, or with any
other requirements imposed by this ordi- nance,
shall constitute grounds for revocation of
licenses issued hereunder.
613.19. Penalties. Any person violating any
provision of this Article shall be guilty of a misde-
Page 81
meanor or an infraction. The complaint charging
such violation shall specify whether the violation
is a misdemeanor or infraction, which decision
shall be that of the District Attorney. If charged
as an infraction, upon conviction, the violator
shall be punished by a fine of not more than
$100 for each provision violated. If charged as a
misdemeanor, upon conviction, the violator shall
be punished by a fine of not less than $500 or
more than $1,000 for each provision violated or
by imprisonment in the County Jail for a period
of not more than six months, or by both such
fine and imprisonment. In any accusatory plead-
ing charging a violation of this Section, if the de-
fendant has been previously convicted of a vio-
lation of this Section, each such previous viola-
tion and conviction shall be charged in the ac-
cusatory pleading. Any person violating any pro-
vision of this Section a second or subsequent
time within a 10 -year period shall be guilty of a
misdemeanor and shall be punished by a fine of
not less than $500 and not more than $1,000 for
each provision violated, or by imprisonment in
the County Jail for a period of not more than six
months, or by both such fine and imprisonment.
614. Exceptions. Sections 613 to 613.20
inclusive, of this Article, shall not apply to
wholesale dealers in their business intercourse
with retail dealers, nor to wholesale or retail
dealers in the regular or ordinary transport of
unloaded firearms as merchandise to other
wholesale or retail dealers by mail, express or
other mode of shipment to points outside the
City and County of San Francisco.
615. Records of Ammunition Sales.
(a) Definitions.
(1) "Firearm ammunition," as used in this Sec-
tion, shall include any ammunition for use in any
pistol or revolver, or semiautomatic rifle or as-
sault weapon, but shall not include ammunition
for shotguns that contains shot that is No. 4 or
smaller.
(2) "Semiautomatic rifle," as used in this Sec-
tion, shall mean any repeating rifle which utilizes
a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the
next round, and which requires a separate pull
of the trigger to fire each cartridge.
(3) "Assault weapon," as used in this Section,
shall mean any of the weapons designated in
California Penal Code Section 12276 or
12276.1,
(4) "Vendor," as used in this Section, shall
mean any person who is engaged in the sale of
firearm ammunition, including any retail firearms
dealer.
(b) No vendor shall sell or otherwise transfer
ownership of any firearm ammunition without at
the time of purchase recording the following in-
formation on a form to be prescribed by the
Chief of Police: (1) the name of the vendor (in-
cluding the name of the specific individual)
transferring ownership to the transferee; (2) the
place where the transfer occurred; (3) the date
and time of the transfer; (4) the name, address
and date of birth of the transferee; (5) the trans-
feree's driver's license number, or other identifi-
cation number, and the state in which it was is-
sued; (6) the brand, type and amount of ammu-
nition transferred; and (7) the transferee's signa-
ture.
(c) The records required by this Section shall
be maintained on the premises of the vendor for
a period of not less than two years from the date
of the recorded transfer. Said records shall be
subject to inspection at any time during normal
business hours.
(d) No person shall knowingly make a false
entry in, or fail to make a required entry in, or fail
to maintain in the required manner records pre -
pared in accordance herewith. No person shall
refuse to permit a police department employee
to examine any record prepared in accordance
with this Section during any inspection con-
ducted pursuant to this Section.
(e) Penalties.
(1) First Conviction. Any person violating
any provision of this Section shall be guilty of an
infraction. Upon conviction of the infraction, the
violator shall be punished by a fine of not less
than $50 nor more than $100.
(2) Subsequent Convictions. In any accusa-
tory pleading charging a violation of this Section,
if the defendant has been previously convicted
of a violation of this Section, each such previous
violation and conviction shall be charged in the
accusatory pleading. Any person violating any
provision of this Section a second time within a
90 -day period shall be guilty of a misdemeanor
and shall be punished by a fine of not less than
$300 and not more than $400 for each provision
violated, or by imprisonment in the County Jail
for a period of not more than six months, or by
both such fine and imprisonment. Any person
violating any provision of this Section, a third
time, and each subsequent time, within a 30 -day
period shall be guilty of a misdemeanor and
shall be punished by a fine of not less than $400
and not more than $500 for each provision
violated, or by imprisonment in the County Jail
for a period of not more than six months, or by
both such fine and imprisonment. ...
616. Reporting the Loss or Theft of
Firearms.
(a) Any person that owns or is otherwise in
possession of a firearm shall report the theft or
loss of such firearm to the San Francisco Police
Department within 48 hours of becoming aware
of the theft or loss whenever (1) the owner
resides in San Francisco, or (2) the theft or loss
of the firearm occurs in San Francisco.
(b) The failure of an owner or person in
possession of a firearm to report the theft or loss
of the firearms within 48 hours of when the
owner or person in possession becomes aware
or should have become aware of the theft or
loss shall be punishable in accordance with
Section 613.19.
617. Prohibition Against Possession or
Sale of Firearms or Ammunition on Property
Controlled by the City and County of San
Francisco.
A. Legislative Findings.
(1) The national and statewide statistical
information available from numerous sources
overwhelmingly demonstrates that the Incidence
of gunshot fatalities and injuries has reached
alarming and thus, unacceptable proportions;
and
(2) Government at all levels has a substantial
interest in protecting the people from those who
acquire guns illegally and use them to commit
crimes resulting in injury or death of their
victims; and
(3) Recent events throughout the City and
County have generated additional fears of
random usage of guns to commit violence on
unsuspecting residents, children and adults
alike; and
(4) The Board of Supervisors finds that crimes
and injuries committed with the use of a firearm
are prevalent in San Francisco, with local
statistics showing an increase in homicides by
use of a gun increasing from 39 gun homicides
out of 63 total homicides in 2001, which is a 63
percent Increase, to 68 gun homicides out of 85
total homicides in 2006, which is an 80 percent
increase. Local statistics also show that San
Francisco Police Department has seized 1,158
guns in 2005, and 1,104 guns in 2006. In 2007,
there have already been 25 gun homicides.
(5) In the City and County of San Francisco,
the number of nonfatal injuries from guns has
steadily increased. While, in 2001, 81 patients
were admitted to SF General Trauma Center for
serious injuries resulting from gun shots, the
number of patients admitted for serious injuries
rose to 228 by 2006. Similarly, the total number
of shootings that resulted in nonfatal injuries
documented by SFPD was 269 in 2005, 303 in
2006, and in 2007 this number has already
reached 105 by May 10; and
(6) Gun crimes in and around schools and on
buses carrying students to and from school have
become increasingly common; and
(7) In 2003 and 2004, 52 percent of the City's
gun violence victims were under the age of 25.
(8) Homicides committed with handguns are
the leading cause of firearms related injuries and
death in California; and
(9) The widespread availability of illegally
obtained firearms has resulted in a significant
rise in the number of shooting incidents across
the County; and
(10) The Board of Supervisors has authority
over the management and control of City and
County property, and it may regulate, by
ordinance, the manner in which the property of
the City and County is accessed and used by
members of the public; and
(11) Prohibiting the possession or sale of
firearms and /or ammunition on City and County
property will promote the public health and
safety by contributing to the reduction in the
presence of firearms and the potential for
gunshot fatalities and injuries in the county. It
will increase the confidence of members of the
public that they are not at risk of injury from
firearms when they seek to use the property and
facilities of the City and County. In particular,
this Board of Supervisors finds that an
enormous number of the general public utilizes
the parks, playgrounds and squares of San
Francisco. This Board finds that prohibiting the
possession or sale of firearms and ammunition
on City and County property will help to ensure
the safety of the general public and specifically
children who are among the most vulnerable in
our society; and
(12) The California Supreme Court has ruled
that State Law does not preempt local laws
banning the possession and sale of firearms and
ammunition on their property. In Nordyke v.
King (2002) 27 CalAth 875, the Supreme Court
upheld an Alameda County ordinance banning
the possession of firearms and ammunition on
county owned property and in Great Western v.
County of Los Angeles (2002) 27 Cal.4th 853,
the Supreme Court upheld a Los Angeles
County Ordinance prohibiting all sales of
firearms and ammunition on county property.
These rulings uphold the legal ability of the
Board of Supervisors to ban the possession and
sale of firearms and ammunition on City and
County property.
B. Legislative Intent. With passage of this
ordinance, the City and County seeks to ensure
that its property and facilities are used in a
manner consistent with promoting the health,
safety and welfare of all of Its residents.
C. Definitions.
(1) City and County Property,
Page 82
(a) As used in this section, the term "City
property" means real property, including any
buildings thereon, owned or leased by the City
and County of San Francisco (hereinafter
"City "), and in the City's possession or in the
possession of a public or private entity under
contract with the City to perform a public
purpose including but not limited to the following
property: recreational and park property
including but not limited to Golden Gate Park,
the San Francisco Zoo, Hilltop Park and San
Francisco's parks and playgrounds, plazas
including but not limited to United Nations Plaza
and Hallidie Plaza, community centers such as
Ella Hill Hutch Community Center, and property
of the Department of Recreations and Parks, the
Port, and the Public Utilities Commission.
The term "City property" does not include any
"local public building" as defined in Penal Code
Section 171 b(c), where the state regulates
possession of firearms pursuant to Penal Code
Section 171 b,
The term "City property" also does not include
the public right -of -way owned by the City and
County of San Francisco including any area
across, along, on, over, upon, and within the
dedicated public alleys, boulevards, courts,
lanes, roads, sidewalks, streets, and ways within
the City or any property owned by the City that is
outside the territorial limits of the City and
County of San Francisco,
(2) Firearms. As used in this section the term
"firearm" is any gun, pistol, revolver, rifle or any
device, designed or modified to be used as a
weapon, from which is expelled through a barrel
a projectile by the force of an explosion or other
form of combustion. "Firearm" does not include
imitation firearms or BB guns and air rifles as
defined in Government Code Section 53071.5.
(3) Ammunition. "Ammunition" is any
ammunition as defined in California Penal Code
Section 12316(b)(2).
C. Possession or Sale of Firearms or
Ammunition on County Property Prohibited.
No person shall:
(1) Bring onto or possess on county property
a firearm, loaded or unloaded, or ammunition for
a firearm.
(2) Sell on county property a firearm, loaded
or unloaded, or ammunition for a firearm.
D. Exceptions, Ban on Possession. Section
C.(1) above shall not apply to the following:
(1) A peace officer, retired peace officer or
person assisting a peace officer when
authorized to carry a concealed weapon under
Penal Code Section 12027(a) or a loaded
firearm under Penal Code Section 12031(b)(1)
and under 18 U.S.C. 9268 or 926C.
(2) Members of the armed forces when on
duty or other organizations when authorized to
carry a concealed weapon under Penal Code
Section 12027(c) or a loaded firearm under
Penal Code Section 12031(b)(4).
(3) Military or civil organizations carrying
unloaded weapons while parading or when
going to and from their organizational meetings
when authorized to carry a concealed weapon
under Penal-Code Section 12027(d).
(4) Guards or messengers of common
carriers, banks and other financial institutions
when authorized to carry a concealed weapon
under Penal Code Section 12027(e) and
armored vehicle guards when authorized to
carry a loaded weapon under Penal Code
Section 12031(b)(7).
(5) Persons who are at a target range.
(6) Honorably retired Federal officers or
agents of Federal law enforcement agencies
when authorized to carry a concealed weapon
under Penal Code Section 12027(i) or a loaded
weapon under Penal Code Section 12031(b)(8).
(7) The public administrator in the distribution
of a private estate or to the sale of firearms by
its auctioneer to fulfill its obligation under State
Law.
(8) Patrol special police officers, animal
control officers or zookeepers, and harbor police
officers, when authorized to carry a loaded
firearm under Penal Code Section 12031(c).
(9) A guard or messenger of a common
carrier, bank or other financial institution; a
guard of a contract carrier operating an armored
vehicle; a licensed private investigator, patrol
operator or alarm company operator; a
uniformed security guard or night watch person
employed by a public agency; a uniformed
security guard or uniformed alarm agent; a
uniformed employee of private patrol operator or
private investigator when any of the above are
authorized to carry a loaded firearm under Penal
Code Section 12031(d).
(10) Any authorized participant in a motion
picture, television or video production or
entertainment event when the participant
lawfully uses a firearm as part of that production
or event.
E. Exception, Ban on Sale. Section C(2)
above shall not apply to the following:
(1) Purchase or sale of a firearm or
ammunition for a firearm by a federal, state or
local law enforcement agency or by any other
Federal, State or local governmental entity.
(2) The public administrator in the distribution
of a private estate or to the sale of firearms by
its auctioneer to fulfill its obligation under state
law.
(3) Sale of ammunition at a target range for
use at the target range.
F. Penalty for Violation. Any person who
violates any of the provisions of this Section
617(c) shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine
not to exceed $1,000.00 or by imprisonment in
the county jail not to exceed six months, or by
both.
G. Severability. If any provision, clause or
word of this Section or the application thereof to
any person or circumstance is held invalid, such
invalidity shall not affect any other provision,
clause, word or application of this Section which
can be given effect without the invalid provision,
clause or word, and to this end the provisions of
this chapter are declared to be severable.
Article 13. Miscellaneous Regulations for
Professions and Trades
840. Carrying Firearms, Etc. - Regulations
Governing. Any person who in the course of
employment or his livelihood carries a firearm or
any other deadly or dangerous weapons as de-
fined by Section 1291 -A, Article 17, Chapter VIII,
Part II of the San Francisco Municipal Code,
concealed or unconcealed, shall register with
the Chief of Police in writing by signed state-
ment, stating the name, occupation, residence
and business address of the registrant, his age,
height, weight, color of eyes and hair, and rea-
son desired to carry such weapon, and shall
submit therewith two sets of fingerprints and one
photograph.
841. Carrying Firearms, etc.- -
Requirements. Any person carrying a firearm or
any other deadly or dangerous weapon as
defined by said Section 1291 -A, Article 17,
Chapter VIII, of the San Francisco Municipal
Code, in the City and County of San Francisco,
m ust:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States;
(3) Be of good moral character;
(4) Be able to manifest a knowledge of
Sections 197, 834, 835, 837 and 847 of the
Penal Code of the State of California.
842. Carrying Firearms, Etc. - Penalty for
Violation. Any person who shall violate any of
the provisions of Section 840 to 842 of this
Article shall be deemed guilty of a misdemeanor
and shall be punished by a fine of not exceeding
$500, or by imprisonment in the County Jail for
not exceeding six months, or by both such fine
and imprisonment.
Article 35. Firearm Strict Liability Act
3501. Definitions.
(a) "Firearm" shall have the same meaning as
in San Francisco Police Code Section 613.1(a).
(b) "Dealer" means any person engaged in
the business of selling firearms at wholesale or
retail and specifically includes pawnbrokers who
take or receive firearms as security for the
payment or repayment of money.
(c) "Importer" means any person engaged in
the business of importing or bringing firearms
into the United States for sale or distribution.
(d) "Manufacturer" means any person in busi-
ness to manufacture or assemble a firearm or
ammunition for sale or distribution.
(e) "Law enforcement agency" means a fed-
eral, state or local law enforcement agency,
state militia or an agency of the United States
government.
(f) "Law enforcement official" means any
officer or agent of an agency defined in para-
graph (e) of this section who is authorized to use
a firearm in the course of his or her work.
(g) "Internal personalized safety feature"
means any internal locking device or other me-
chanical or electrical device integral to the frame
of the firearm that prevents any unauthorized
use of the firearm. Such mechanical or electrical
devices can include but are not limited to
devices that use computer microchips, radio
signals or user fingerprints as a means to
"recognize" an authorized user. A trigger lock or
other external device shall not be considered an
internal personalized safety feature.
3502. Imposition of Strict Liability.
(a) Each manufacturer, importer and /or dealer
of a firearm shall be held strictly liable in tort,
without regard to fault or proof of defect, for all
direct and consequential damages arising from
bodily injury or death where the bodily injury or
death results from the discharge within the juris-
diction of the City and County of San Francisco
of any firearm manufactured, imported, distri-
buted, sold, leased or otherwise transferred by
the manufacturer, importer and /or dealer, except
that no liability shall be imposed pursuant to this
subsection for a discharge that occurs prior to
the effective date of this section.
(b) Exemptions and Limitations.
(1) No action may be commenced pursuant to
this section by any person who is injured or
killed by the discharge of a firearm while such
person is committing or attempting to commit a
crime (whether or not such crime is actually
charged), or while such person is attempting to
evade arrest by a law enforcement official. This
exemption shall be in the nature of an affirmative
defense, and shall be proven by a prepon-
derance of the evidence.
Page 83
(2) No action may be commenced pursuant to
this section by any person injured or killed by the
discharge of a firearm by a law enforcement
official.
(3) This section shall not limit In scope any
cause of action, other than that provided by this
section, available to a person injured by or killed
by a firearm.
(4) Nothing in this section shall prevent a
manufacturer, importer or dealer from seeking
whole or partial indemnity or contribution for any
liability incurred under this section from any third
party wholly or partially responsible for the injury
or death.
(5) No action may be commenced pursuant to
this section by any person for a self- inflicted
injury.
(6) No action may be commenced pursuant to
this section where the firearm was equipped with
an internal personalized safety feature at that
time of its first retail sale.
(7) If any manufacturer, importer or dealer has
purchased and has in effect at the time of the
injury an insurance policy that covers any and all
damages, including but not limited to bodily
injury or death, resulting from the discharge of
the specific firearm involved in the incident, the
liability imposed under this section as to that
manufacturer, importer or dealer shall not ex-
ceed the total amount of coverage available
under said, policy provided that the total cover-
age available under the policy shall not be less
than $100,000 per incident.
(8) No action may be commenced pursuant to
this section where the firearm involved is either
(a) a shotgun without a magazine or having a
fixed magazine of four or less rounds or (b) a
rifle without a magazine or having a fixed maga-
zine of four or less rounds.
Article 45. Firearms and Weapons Violence
Prevention Ordinance
4500. Title. This Article shall be known as the
Firearms and Weapons Violence Prevention
Ordinance.
4501. Definitions. The following words and
phrases, whenever used in this Article, shall be
construed as defined in this Section:
(a) "Firearm" means any device, designed to
be used as a weapon or modified to be used as
a weapon, that expels a projectile by the force of
an explosion or other form of combustion.
(b) "Projectile weapon" means any device or
instrument used as a weapon which launches or
propels a projectile by means other than the
force of an explosion or other form of combus-
tion with sufficient force to cause injury to per-
sons or property. A projectile weapon shall in-
clude, but not be limited to, air gun, air pistol, air
rifle, gas operated gun, BB gun, pellet gun, flare
gun, dart gun, bow, cross -bow, slingshot, wrist
rocket, blow gun, paint gun, or other similar
device or instrument.
4503. Enforcement.
(a) Except as otherwise provided in this Sec-
tion, any person violating any provision of this
Article shall be guilty of a misdemeanor or an in-
fraction. The complaint charging such violation
shall specify whether the violation is a misde-
meanor or infraction, which decision shall be
that of the District Attorney. If charged as an in-
fraction, upon conviction, the violator shall be
punished by a fine of not more than $100 for
each provision violated. If charged as a misde-
meanor, upon conviction, the violator shall be
punished by a fine of not more than $500 for
each provision violated or by imprisonment in
the County Jail for a period of not more than six
months, or by both such fine and imprisonment.
(b) Any person violating any provision of this
Article a second or subsequent time within a 10-
year period shall be guilty of a misdemeanor and
shall be punished by a fine of not more than
$1,000 for each violation, or by imprisonment in
the County Jail for a period of not more than six
months, or by both such fine and imprisonment.
(c) Any person violating any provision of this
Article within 1,500 feet of a day care center,
school or school yard, whether public or private,
shall be guilty of a misdemeanor and shall be
punished by a fine of not more than $1,000 for
each such violation, or by imprisonment in the
County Jail for a period of not more than six
months, or by both such fine and imprisonment.
(d) A person shall be guilty of a separate
offense for each and every discharge of a fire-
arm or firing of a projectile weapon, and shall be
punished accordingly.
(e) Juveniles arrested pursuant to this Section
shall be subject to Section 602 of the Welfare
and Institutions Code.
4504. Parental Responsibility for Minors.
Any parent or legal guardian, or a person over
the age of 18, is also guilty of an offense punish-
able in accordance with Section 4503 if he or
she knows or reasonably should know that a
minor is likely to gain access to a firearm or a
projectile weapon kept within any premises or
vehicle which is under his or her custody or con-
trol, and a minor obtains and fires or discharges
the firearm or projectile weapon within the City
and County of San Francisco, in violation of
Section 4502.
4505. Firearms and Projectile Weapons;
Confiscation and Disposal of. Any firearm or
projectile weapon discharged within the City and
County of San Francisco in violation of the provi-
sions of Section 4502 is hereby declared to be a
nuisance, and shall be surrendered to the Police
Department of the City and County of San Fran-
cisco. The Chief of Police, except upon the cer-
tificate of a judge of a court of record, or of the
District Attorney that the preservation thereof is
necessary or proper to the ends of justice, shall
destroy or cause to be destroyed such firearms
and projectile weapons, provided, however, that
in the event any such firearm or projectile wea-
pon is determined to have been stolen, the
same shall not be destroyed but shall be
returned to the lawful owner as soon as its use
as evidence has been served, upon identifica-
tion of the firearm or projectile weapon and proof
of ownership thereof.
4506. Firearms And Projectile Weapons;
Exceptions.
(b) Use of firearms and projectile weapons
may be permissible when integral to the pursuit
of specific competitive and sporting events, in-
cluding but not limited to events such as target
and skeet shooting, upon issuance of a permit
from the Chief of Police to persons conducting
the event or engaged in the business of provid-
ing the location at which the event Is to take
place. The Chief of Police shall formulate criteria
for the application, issuance, and renewal of
such permits, and may require as a condition of
approval the posting of any bond, or proof of
adequate liability insurance.
4507. Firearms and Projectile Weapons;
Possession of by Minors.
(a) It shall be unlawful for any person under
the age of 18 to have in his or her possession
within the City and County of San Francisco any
firearm or projectile weapon, as defined in Sec-
tion 4501. Violation of this provision shall be
punishable in the manner provided in Section
4503.
(b) It shall be unlawful for any parent or legal
guardian, or any person over the age of 18
years, to sell, give or otherwise transfer to any
minor in the City and County of San Francisco
under the age of 18 years, or to allow such
minor to possess, any firearm or projectile wea-
pon, as defined in Section 4501, Violation of this
provision shall be punishable in the manner
provided in Section 4503.
(c) Any firearm or projectile weapon, which is
in possession of a minor in violation of this
Article, is hereby declared to be a nuisance, and
shall be surrendered to the Police Department of
the City and County of San Francisco and dis-
posed of in accordance with the provisions of
Section 4505 above.
4512. Handguns Located in a Residence
To Be Kept in a Locked Container or
Disabled with a Trigger Lock.
(a) Prohibition. No person shall keep a
handgun within a residence owned or controlled
by that person unless the handgun is stored in a
locked container or disabled with a trigger lock
that has been approved by the California
Department of Justice.
(b) Definitions.
(1) "Residence." As used in this Section,
"residence" is any structure intended or used for
human habitation including but not limited to
houses, condominiums, rooms, in law units,
motels, hotels, SRO's, time- shares, recreational
and other vehicles where human habitation
occurs,
(2) "Locked container." As used in this
Section, "locked container" means a secure
container which is fully enclosed and locked by a
padlock, key lock, combination lock or similar
locking device.
(3) "Handgun." As used in this Section,
"handgun" means any pistol, revolver, or other
firearm that is capable of being concealed upon
the person, designed to be used as a weapon,
capable of expelling a projectile by the force of
any explosion or other form of combustion, and
has a barrel less than 16 inches in length.
(4) "Trigger lock." As used in this Section, a
"trigger lock" means a trigger lock that is listed in
the California Department of Justice's list of
approved firearms safety devices and that is
identified as appropriate for that handgun by
reference to either the manufacturer and model
of the handgun or to the physical characteristics
of the handgun that match those listed on the
roster for use with the device under Penal Code
Section 12088(d).
(c) Exceptions. This Section shall not apply in
the following circumstances:
(1) The handgun is carried on the person of
an individual over the age of 18.
(2) The handgun is under the control of a
person who is a peace officer under Penal Code
Section 830.
(d) Lost or Stolen Handguns. In order to
encourage reports to law enforcement agencies
of lost or stolen handguns pursuant to San
Francisco Police Code Section 616, a person
who files a report with a law enforcement
agency notifying the agency that a handgun has
been lost or stolen shall not be subject to
prosecution for violation of Section 4512(a)
above.
(e) Penalty. Every violation of this Section
shall constitute a misdemeanor and upon
conviction shall be punished by a fine not to
exceed $1,000.00 or by imprisonment in the
county jail not to exceed six months, or by both.
Page 84
(f) Severability. If any provision, clause or
word of this chapter or the application thereof to
any person or circumstance is held invalid, such
invalidity shall not affect any other provision,
clause, word or application of this Section which
can be given effect without the invalid provision,
clause or word, and to this end the provisions of
this Section are declared to be severable.
[San Francisco Police Codecodified through
Ord. 64-09 File No. 090024, approved April
23, 2009]
San Jose Municipal Code
Title 10. Public Peace, Morals and Welfare
Chapter 10.32. Weapons
Part 2. Weapons and Minors
10.32.020. Restrictions on weapons for
persons under the age of eighteen years. No
person shall sell, dispose of or give to any minor
under the age of eighteen years, any pistol, air -
gun or other weapon capable of receiving and
discharging any charge, cartridge or explosive,
without the written request of his parent or
guardian; and no minor under the age of eigh-
teen years shall have in his possession any
such pistol or weapon unless by the written con-
sent of his parent or guardian.
Part 3. Concealable Firearms Dealers
10.32.030. License required. No person
shall engage in the business of selling or trans-
ferring, or shall advertise for sale, or offer or ex-
pose for sale, any pistol, revolver or other fire-
arm capable of being concealed upon a person
without first obtaining and keeping in current ef-
fect the requisite license as provided under this
part. A license shall be required for each loca-
tion where selling or transferring of such fire-
arms takes place.
10.32.040. Application for license. Each
person applying for a license under this part
shall submit an application and a questionnaire
response in support of such application to the
chief of police. Such application shall be accom-
panied by a fee (in the form of a check or cash)
as set forth in the schedule of fees established
by resolution of council, said fee to defray the
cost of processing such application. This fee
shall be in addition to fees for processing non-
criminal fingerprint cards. Each application shall
specify only one location where the sale or
transfer of concealable firearms should take
place. If a licensee changes his or her place or
business, an application for the new location
shall be submitted, accompanied by a fee (in the
form of a check or cash) as set forth in the
schedule of fees established by resolution of
council, said fee to defray the cost of processing
such application. Such application shall be con-
sidered an initial application and not an applica-
tion for renewal.
10.32.050. Approval by chief of police. The
chief of police shall have the authority to ap-
prove or not approve applications under this
part. For the purposes of considering applica-
tions for licenses under this part, the chief of
police shall apply the minimum written standards
hereinbelow set forth in Section 10.32.060. If an
applicant meets all such standards, the chief of
police shall issue a license.
10.32.060. Procedural requirements. Appli-
cant must comply with the following require-
ments:
A. Possess valid and current federal firearms
permit;
B. Pay permit fee to police department;
C. Pay fingerprinting fee to police department;
D. Complete personal history questionnaire
on form provided by the San Jose police depart-
ment;
E. Be fingerprinted at police department;
F. Be photographed at police department;
G. Be interviewed at police department by
officer assigned to concealable firearms unit;
H. Sign authorization for release of pertinent
records.
10.32.065. Business site standards.
A. Business location must be in compliance
with city of San Jose zoning codes and regula-
tions.
B. Business site must be a permanent build-
ing having four solid walls and a roof; con-
structed of wood, metal, cement or like materials
and resting on a foundation of cement, stone,
brick or metal or similar materials commonly
used in the construction of foundations for per-
manent buildings.
C. Building doors and windows must be
alarmed with a system of any manufacture
which will cause an audible alarm to sound on
the exterior of the building or a silent alarm to a
centralized monitored facility signaling unauthor-
ized entry during nonbusiness hours.
D. Business inventory of an explosive or flam-
mable nature must be stored in compliance with
federal, state of California and city of San Jose
fire codes.
E. Inventory of firearms must conform to the
type of federal firearms permit issued to the per -
mittee.
F. Business must conform to Penal Code
Section 12071, state of California, i.e.:
1. The business shall be carried on only in the
building designated in the license.
2. The license or a copy thereof (when is-
sued), certified by the issuing authority, shall be
displayed on the premises where it can easily be
seen.
3. No pistol or revolver shall be delivered:
a. Within fifteen days of the application for the
purchase, and when delivered shall be unloaded
and securely wrapped; nor
b. Unless the purchaser either is personally
known to the seller or shall present clear evi-
dence of his identity.
4. No pistol or revolver, or imitation thereof, or
placard advertising the sale or other transfer
thereof, shall he displayed in any part of the
premises where it can readily be seen from the
outside.
10.32.066 Approval of application - Fitness
standards. Any application submitted under
Section 10.32.060 shall be approved if the
applicant:
A. Fulfills all requirements of Section
10.32.060 of this part; and
B. Is not under indictment for, nor has ever
been convicted of a crime involving fraud,
dishonesty, deceit or violence; and
C. Has not done any unlawful act involving
firearms with the intent to injure seriously
another person; and
D. Has not done any act involving dishonesty,
fraud or deceit with the intent substantially to
benefit him or herself or another, or substantially
to injure another; and
E. Is not a fugitive from justice; and
F. Is not an unlawful user of or addicted to
marijuana or any depressant or stimulant drug,
narcotic drug, or excessive use of alcohol, to the
extent that such use would impair his or her
fitness to deal in concealable firearms; and
G. Has not been adjudicated as a mental
defective, has not been committed to a mental
institution, or does not suffer from any severe
psychological disturbance which would seriously
impair his or her fitness to deal in concealable
firearms; and
H. Has not willfully violated any provisions of
this chapter; and
I. Has not willfully made false statements as
to any material fact in application for this license;
and
J. Has not done any act which if done by a
licensee would be grounds for suspension or
revocation of license; and
K. Meets all business site standards under
Section 10.32.065,
10.32.067. Maintenance and submission of
records. Each licensed dealer shall maintain
records of importation, shipment, receipt, sale or
other disposition of firearms and ammunition,
and shall make such records available at all rea-
sonable times, and shall submit to the licensing
authority such reports and information upon rea-
sonable request. The licensing authority may en-
ter during business hours the premises (include -
ing places of storage) of any firearms or ammu-
nitions dealer for the purpose of inspecting or
examining (1) any records or documents re-
quired to be kept; (2) any firearms or ammu-
nition kept or stored at such premises.
10.32.100. Licenses nonassignable. Except
as otherwise hereinafter provided, no license is-
sued under this part may be sold, transferred or
assigned by the licensee or by operation of law,
to any other person or persons; and any such
sale, transfer or assignment, or attempted sale,
transfer or assignment, be deemed to constitute
a voluntary surrender of such license and such
license shall thereafter be deemed terminated
and void.
10.32.110. Display of license. Every license
issued under this part shall be displayed on the
premises where the concealable firearms are
sold in such a fashion that it can be easily read
by patrons.
10.32.150 Weapons - Possession, sale and
offering for sale prohibited. No person shall
possess, sell, or offer for sale any device which
is designed:
A. To propel any flechette or dart by means of
compressed gas; and
B. To include in its operation the following:
1. Mechanical energy from an external source
is supplied to the device;
2. The device compresses gas; and
3. The compressed gas propels the fiechette
or dart.
Title 20. Zoning
Chapter 20.80. Specific Use Regulations
20.80.720. Prohibited uses: The following
are not permitted as home occupations:
C. Firearm sales and service.
[San Jose Municipal Code current through
2009 S -14 Supplement, including Local
legislation current through 6- 30 -09]
Santa Ana Municipal Code
Page 85
Chapter 10. Crimes and Miscellaneous Law
Enforcement Provisions
Article II. Minors
10 -176. Possession of firearms or ammuni-
tion by a minor.
(a) No minor shall possess any firearm or
ammunition in a public place.
(b) No person shall sell, exchange, give or
loan, or cause or permit to be sold, exchanged,
given or loaned, any firearm or ammunition to
any person under the age of eighteen (18)
years.
(c) For the purpose of this section, the term
"firearm" means any weapon which will or is de-
signed to or may readily be converted to expel a
projectile by the action of an explosive.
(d) For the purpose of this section, the term
ammunition means any unexpended cartridge or
shell, consisting of a case which holds a charge
of powder and a bullet or shot, or any device
containing any explosive designed and intended
for use in any firearm, or any device containing
any explosive.
(e) Nothing in this section shall prohibit the
possession of any firearm by a minor at a bona
fide firing range or in an automobile vehicle
while enroute to or from hunting any game
animal that may be legally hunted under the pro-
visions of the Fish and Game Code, provided
said minor has the written permission of his par-
ent or guardian to have such firearm or is ac-
companied by his parent or guardian while he
has such firearm in his possession.
Article IX. Licensing of Firearms Sales
10 -500. Purpose and scope.
(a) The purposes of this article are as follows:
(1) To implement Article 4 (commencing with
section 12070) of Title 2 of Part 4 of the Penal
Code of the State of California.
(2) To provide procedures for the grant or de-
nial of licenses for the sale, lease, or transfer of
firearms and the suspension or revocation of the
same.
(3) To regulate the sale, lease or transfer of
firearms as necessary and appropriate for the
protection of the public health, safety and
welfare.
(b) This article applies to all sales, leases and
transfers of firearms for which a license is
required by Section 12070 of the Penal Code of
the State of California.
10 -501. Definitions. As used in this article
the following terms shall have the following
meanings:
Chief of police means the chief of police of
the City of Santa Ana and any employee within
the Santa Ana Police Department who is desig-
nated by the chief of police to act as his repre-
sentative in the implementation of this article.
Penal Code means the Penal Code of the
State of California, as it may from time to time
be amended.
License and licensee mean the license re-
quired by Section 12070 of the Penal Code of
the State of California and the person holding
such a license, unless the context shows that a
different type of license is meant.
Other terms used in this article shall have the
same meanings as set forth in the Penal Code.
10 -502. Chief of police as licensing author-
ity. The chief of police is the duly authorized
licensing authority for licenses granted pursuant
to Sections 12070 and 12071 of the Penal Code.
10 -503. Fixed place of business required.
Each licensee must have a fixed place of busi-
ness and possess all permits, licenses, certifi-
cates, variances or other instruments of approv-
al or evidences that any conditions exist for the
sale of firearms as required by any other section
of this Code or by any statute or code provisions
of the state. Except as may otherwise be pro-
vided by the Penal Code, all sales of firearms
may only be made at said fixed location.
10 -504. Branch establishments; multiple
places of business; separate licenses re-
quired. A separate firearm seller's license fee
must be paid and a separate firearm seller's
license obtained for each branch establishment
of the business transacted and carried on within
the city.
10 -505. Overlapping business. If in addition
to the business of selling firearms any person
shall engage in, conduct, manage, or carry on at
the same time and on the same premises any
other business requiring any permit, license, cer-
tificate, variance or other instrument of approval
or evidence that any conditions exist as required
by any other section of this Code or by statute or
code provisions of the state, such person shall
comply with all of the provisions affecting each
business.
10 -506. Licensee responsible for the con-
duct of the business. It shall be the duty of the
licensee to see that no firearms are sold or
offered for sale In violation of this article or the
Penal Code.
10 -507. Retention and maintenance of
sales information and sales records; inspec-
tion.
(a) All firearm and ammunition sales informa-
tion and sales records shall be retained for a
period of three (3) years and shall be maintained
and stored within the licensed location during
normal business hours. All such records shall be
maintained in an orderly manner, consistent with
federal, state and local laws and shall be located
so that all records are immediately and readily
accessible for inspection in a specific space
allocated for record retention.
(b) All sales information and records relating
to sales of firearms and /or ammunition shall be
made available to any police officer or other duly
authorized representative of the chief of police
upon request. Stock in trade shall likewise be
made available for inspection as appropriate to
allow for comparison of such stock wiTh
business reckrds. No licensee shall attempt to
dissuade or imPair said officers' or duly
authorized repre - sentative's inspection.
10 -508. Evidence of doing business as a
seller of firearms. When any person shall by
the use of signs, circulars, cards, telephone
books, newspapers, or trade publications, adver-
tise, holdout, or rdpresent that he or she is a
seller of firearms, or when any peRson holds an
active license, certificate, or permit issued by a
governmental agency indicating that he or she is
a seller of firearms within the city and such per-
son fails to deny in a sworn statement given to
the chief of police that he or she is not a seller of
firearms within the city, after bding requested to
do so by the chief of police, then these facts
shall be considered prima facie evidence that
such person is a seller of firearms within the city.
10 -509. Rules and regulations. The chief of
poll #e shall adopt and enforce, by rules and reg-
ula4ions, security requirements for the
protection from theft of fireaRms and
ammunition sold and maintained by the
licensee. Such rules may re -quire that licensee
provide burglar alarm sys -terns, separate
storage areas for ammunition and other
measures designed to prevent the theft of such
merchandise from the premises of licensee. The
chief of police sh!II also have the power to adopt
other rules and regulations not inconsistent uith
the provisions of this article as may be
necessary or desirable to aid in the enforcement
of the provisions of this article.
10 -511. Application for license.
(a) An application for a license shall be filed
with the chief of police on forms furnished by the
chief of police. Such application shall be accom-
panied by a fee in an amount established by re-
solution of the city council, and shall contain the
following information:...
(b) The application submitted shall be accom-
panied by copies of the following licenses, per-
mits, and certificates:
(1) A valid federal firearms license issued in
the name of applicant.
(2) A valid seller's permit issued by the State
Board of Equalization in the name of applicant
issued for the city.
(3) A valid certificate of eligibility issued by the
California Department of Justice.
(4) A valid city business license issued for the
retail sale of firearms.
(5) A statement of zoning code compliance in
accordance with subsection (c) of this section
10 -519. Use of license by unlicensed per-
son. No person holding a license required by
this article shall permit any other person to use
the license, the licensed premises or the licen-
see's name for the purpose of evading any pro-
vision of this article.
10 -520. Duplicates. A duplicate license may
be issued to replace any license previously is-
sued hereunder which has been lost or de-
stroyed upon the licensee filing a statement of
such fact, and, at the time of filing such state-
ment, paying a duplicate license fee equal to ten
(10) percent of the original fee for the firearm
seller's license.
10 -521. Posting. Every licensee shall keep
the license prominently posted in a conspicuous
and public place upon the premises specified in
the license where such business is carried on.
All other federal, state, and city licenses, certifi-
cates, and permits relative to conducting the
business of firearm sales shall likewise be
posted together with the firearm seller's license.
10 -522. Prohibition of display of sus-
pended or revoked license. No person shall
reproduce, duplicate, copy or alter an original
firearm seller's license for the purpose of circum-
venting the requirement of this section by giving
a false or misleading impression that any dupli-
cation of an original license is valid and that the
appropriate fee therefor has been paid; neither
shall any person exhibit a suspended or revoked
license.
10 -523. Transferability.
(a) Licenses shall not be transferable except
as provided in this section.
(b) When a business for which a license has
been issued is sold or transferred to one (1) of
the transferees listed in this section, the chief of
police may endorse a change of ownership on
such license upon written application by the
transferee. Only the following transferees or suc-
cessors shall be entitled to such transfer of per-
mit.
(1) Duly qualified representatives of licensees
regularly appointed by courts of competent jur-
isdiction, assignees for the benefit of creditors,
and spouses or children of deceased licensees;
(2) The surviving partner or partners of a dis-
solved partnership;
Page 86
(3) A new partnership consisting of the mem-
bers of a predecessor partnership, plus their
spouse or spouses of any such members;
(4) A new corporation organized and con-
trolled by an individual or unincorporated licen-
see for the purpose of acquiring, and which has
acquired the assets of the business previously
owned and operated by such licensee;
(5) Upon dissolution of a closely held corpor-
ation, the stockholders to whom the assets are
distributed.
(c) A transferee or successor entitled to a
transfer of a license must file an application for
such transfer with the chief of police within thirty
(30) days after he assumes [ownership or con-
trol] of the business. The chief of police may re-
quire such evidence of the transfer of ownership
or control as he deems necessary. A fee equal
to twenty (20) percent of the original fee for the
license shall accompany the application.
(d) The chief of police shall transfer the li-
cense to an applicant entitled to such transfer
unless he finds that the transfer will adversely
affect the peace, health, safety, and general we[
fare of the public or that the transferee does not
possess the qualifications required of original
applicants.
10 -524. Change of location. Where no con-
flict exists with the city's zoning regulations, as
evidenced by a new statement of zoning code
compliance pursuant to subsection 10- 511(c), a
change of location may be endorsed on a fire-
arm seller's license by the chief of police upon
written application by a licensee, accompanied
by a change of location fee equal to twenty (20)
percent of the original fee for the firearm seller's
license shall accompany the application.
10 -525. No refund upon termination of bus-
iness. The license fee paid under the terms of
this article is not refundable upon termination of
a business or for any unused portion or term of a
license period.
10 -526. Right of entry. The chief of police or
any police officer shall have the power and
authority to enter the premises of any business
engaging in firearms sales, leases or transfers
for which a license is required during business
hours, free of any charge, and at such other
times as may be reasonable following due pro-
cess of law, and request a display of the re-
quired license together with any other federal,
state, and city licenses, certificates, and permits
relative to conducting the business of firearm
sales. No person having custody or control of
such place of business shall fail to comply with
any such request.
10 -527. Penalty for violation. Every violation
of the provisions of this article shall be deemed
to be a misdemeanor, and upon conviction
thereof shall be punishable as provided for in
section 1 -8 of this Code. Each day any violation
of any said provision of this article shall cons-
titute a separate offense.
[Santa Ana Municipal Code codified through
Ordinance No. 2776, adopted Sept. 2, 20081
Stockton Municipal Code
Title 9 Public Peace And Welfare
Chapter 9.52 Dangerous Or Deadly Weapons
9.52.010 "Dangerous or deadly weapon,"
defined.
"Dangerous or deadly weapon" includes, but
is not limited to: any dirk or dagger, any knife
with a blade three (3) inches or more in length,
and any snap -blade or spring -blade knife
regardless of the length of the blade; any ice
pick or similar sharp stabbing tool; any straight-
edge razor or any razor blade fitted to a handle;
any dangerous or deadly weapon within the
meaning of any law of this State restricting the
use thereof; and any cutting, stabbing, or
bludgeoning weapon or device capable of
inflicting grievous bodily harm; any firearm other
than:
A. Carried pursuant to a valid permit issued
by a duly authorized government authority, or
B. any ordinary rifle or shotgun lawfully
carried for purposes of hunting or other lawful
sport.
Chapter 9.60 License To Sell Firearms
9.60.010 Sale of concealed firearms.
It is unlawful to sell pistols, revolvers, or other
firearms capable of being concealed upon the
person, at retail, within the City, without a
license issued in the manner herein provided for.
9.60.020 License to sell.
The City Manager is hereby authorized to
issue licenses to sell, at retail, within the City,
pistols, revolvers, and other firearms capable of
being concealed upon the person. Such licenses
shall be issued in the form prescribed by the
Attorney General and shall be effective for not
more than one (1) year from date of issue.
9.60.030 License - Chief of Police to
approve.
The said licenses shall be issued only after a
report in writing conceming said prospective
licensee has been made by the Chief of Police
to the City Manager. Said licenses shall not be
issued to any person who:
A. Has been convicted of a felony and has
served a term of imprisonment therefor in a
State or Federal prison;
B. Has been convicted of any violation of the
Dangerous Weapons Control Law of the State;
or
C. Is not of good moral character.
9.60.040 License — Revocation.
Any of the reasons which would prevent the
original issuance of said license shall also make
the revocation of said license mandatory by the
City Manager.
[Current through Ordinance 008 -09 C.S. and
the July 2009 code supplement]
Page 87
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U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
'"N
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Every day, ATF's Industry Operations Investigators
(IOIs) assist FFLs and help them understand and
follow the rules for conducting a firearms business.
Whether it is with the proper procedures for
recordkeeping or the laws for transferring a firearm,
IOIs ensure that FFLs comply with the laws and
regulations.
IOIs inspect your business to ensure compliance
with the Federal law and regulations. It is vital
that you comply with all laws and regulations,
both to maintain your license and protect your
community from violent crime. We encourage you
to contact ATF if you have any questions about your
responsibilities as an FFL.
To learn more about the laws and regulations,
safety and security recommendations, and training
opportunities, we encourage you to read the
following publications found at www.atf.gov:
Federal Firearms Regulations Reference Guide,
ATF Publication 5300.4
Safety and Security Information for Federal
Firearms Licensees, ATF Publication 3317.2
Don't Lie for the Other Guy Publications
Having conducted thousands of inspections over the
years, ATF has compiled a list of the more common
issues encountered by licensees.
Ten Violations Having an Impact on
Public Safety
1. Failure to Obtain a Form 4473— Firearms
T�-ansaction Record When Required.
2. Failure to Obtain a Complete and Correct
Form 4473.
3. Failure to Conduct a Background Check
When Required.
4. Sale or Transfer of a Firearm to Prohibited
Person.
5. Improper Sale to a Non- Resident.
6. Failure to Obtain Appropriate Identification
Documents.
7. Failure to Record Complete and Accurate
Acquisition and Disposition Information.
8. Failure to Report the Sale of Multiple
Handguns.
9. Failure to Report Lost or Stolen Firearms.
10. Providing False Information.
Your License
For the purposes of this publication, a Federal firearms
licensee is referred to as `you,' `a licensee,' and an
`FFL.' You should examine your license carefully to
make sure all of the information is correct. If you find an
error, return the license to the Chief, Federal Firearms
Licensing Center (FFLC), for correction.
You must keep your license posted and readily available
for inspection by any ATF officer. Use a certified copy
of your license (make a copy of the unsigned original and
sign it) to make firearms purchases. Mailed, faxed, or
scanned copies of certified copies are acceptable.
Expiration and Renewal of Your License
Your Federal firearms license is in effect until the
expiration date on the license, unless terminated sooner.
It covers business operations only at the location on the
license or at a qualifying gun show or event in the State
where you are licensed.
ATF will send a renewal application to you about
60 days before the expiration date on your license. If
you have not received your renewal application 30 days
before the license expiration date, please contact the
FFLC toll -free at 1- 866 - 662 -2750. You should also call
if you no longer wish to be licensed.
To renew, you must complete and send the application,
with the required fee attached, to the address specified
on the form before the license expiration date. If you file
your renewal before the license expiration date, you may
continue to operate until you receive your new license.
If the new license does not arrive by your expiration
date, ATF will issue a Letter of Continuing Authority to
Operate (LOA) to establish proof of your licensed status
to other FFLs.
Changing Your Mailing Address or the
Address of Your Premises
If you intend to change the location of your business
premises: Notify the Chief, FFLC, at least 30 days
before moving your business to a new address by
filing ATF Form 5300.38 - Application for an Amended
Federal Firearms License. Your original license must be
submitted for changes to reflect the new address.
You may not operate as an FFL at a new address until
you have received the amended license from ATF.
If your mailing address changes: Because all ATF
correspondence is mailed to the mailing address on your
license, any changes require you to notify the Chief,
FFLC, as soon as possible by sending a letter advising of
the new mailing address to:
244 Needy Road
Martinsburg, wV 25405.
If You Intend to Change Your Business
Structure
Because a license is not transferable, a successor buying,
leasing, or otherwise acquiring the firearms operations of
an FFL must obtain a new license. For example, if a sole
proprietor forms a Limited Liability Corporation (LLC),
the LLC must obtain a new license. The LLC cannot
operate using the sole proprietor's license.
If there is a change of control of a FFL by stock purchase
or otherwise, the licensee must notify ATF in writing
within 30 days of the change. Upon renewal, the
corporation must file a new Application for Firearms
License (ATF F 5310.12, ATF Form 7) and provide
information on all new responsible persons.
FFLs may report new responsible persons by filing a
letter with the Chief, FFLC. The letter must provide all
of the identifying information for the new responsible
person(s) as required on ATF Form 7. The letter must
be accompanied by a current picture of the responsible
person and fingerprints submitted on an FBI Fingerprint
Card (FD -258).
ATF Forms 4473
You must obtain a completed Firearms Transaction
Record (Form 4473) for each and every sale or
other transfer of a firearm to a non - licensee. It is
your responsibility to ensure that each Form 4473 is
completed correctly in accordance with the instructions
on the form. The correct completion of these fonns
enhances traceability of firearms.
Correctly completing ATF Forms 4473 is one of the most
important things you can do to ensure that ATF can trace
crime guns.
This form must be completed when you:
1. sell or trade a firearm;
2. return a consignment firearm;
3. return a pawned firearm;
4. loan or rent a firearm for use off of your licensed
premises; or
5. otherwise transfer a firearm to a non- licensed person.
Note: You must transfer the firearm to the person who
completed the Form 4473 and NOT to a spouse, relative,
or other representative of that person.
Exceptions to the ATF Form 4473 Requirement:
You are not required to obtain a Form 4473 for the
following sales and other transfers:
1. Transfer of a firearm to another FFL (including
collectors when transferring a Curio & Relic
firearm);
2. The return of a repaired firearm to the person from
whom it was received;
3. The sale of a firearm to a law enforcement agency
or to a law enforcement officer for official duties
if the transaction meets the requirements of 27 CFR
§ 478.134, discussed on pages 7 and 8; or
4. Transfer of a replacement firearm of the same
kind and type to the person from whom a firearm was
received.
Transferee's Sections of Form 4473:
It is YOUR responsibility to make sure that the buyer
or other transferee provides ALL information required
in Section A (Items 1 to 17), and Section C (Items 24
and 25), if applicable, of the Form 4473 BEFORE you
transfer the firearm. The buyer must personally complete
Sections A and C.
Licensee's Sections of Form 4473:
You must fully and correctly provide ALL information
required in Section B (Items 18 to 23) and Section D
(Items 26 to 36) of the Form 4473. This information
must be recorded on the Form 4473 and not merely be
contained in attached or other available documents.
If information required on the Form 4473 is also
contained on a State firearms transfer document or other
record, you must still enter the information on the Form
4473, even if that means entering the same information
on two or more forms. However, you may attach
photocopies of additional documentation provided by
legal aliens rather than record the type of documentation
in response to Items 20b and 20c.
Errors and Omissions on the Form 4473:
If, after the firearm has been transferred, you discover
that the Form 4473 is incomplete or was improperly
completed, do not alter the original. Instead, you should
make a photocopy of the inaccurate Form 4473. Only the
buyer or transferee may make changes or corrections to
Sections A and C of the photocopy. You or an authorized
representative must make any changes or corrections to
Sections B and D of the photocopy. Do NOT make the
changes on the original Form 4473. Attach the corrected
photocopy to the original Form 4473 and retain as part of
your records.
ATF suggests that you consider implementing a
secondary review procedure in which another employee
reviews Forms 4473 for errors and omissions prior to
transferring a firearm.
Background Checks
You must conduct a National Instant Criminal
Background Check System (NICS) check or appropriate
State background check for each and every sale or other
transfer of a firearm to a non - licensee. The NICS or State
background check ensures that any person who purchases
a firearm from you may lawfully possess firearms. A
NICS or State background check MUST be conducted
before:
1. The sale or trade of a firearm;
2. The return of a consigned firearm;
3. , The redemption of a pawned firearm;
4. The loan or rental of a firearm for use off of your
licensed premises; or
5. Any other non - exempt transfer of a firearm.
Failure to conduct a background check has a significant
impact on public safety. You could be fined, have your
license suspended or revoked, or be prosecuted.
Note: You may only deliver the firearm to the person
on whom the NICS or State background check was
conducted and NOT a spouse, relative, or other
representative of that person.
Exceptions to the Background Check
Requirement:
You are NOT required to conduct a NICS or State
background check with respect to the following:
1. The sale or transfer of a firearm where the transferee
presents a valid State permit /license from the State
in which your licensed premises is located AND
the State permit or license is recognized by ATF as a
qualifying alternative to the background check
requirement;
2. The transfer of a firearm to another FFL (including
collectors when transferring a Curio & Relic firearm);
3. The return of a repaired firearm to the person from
whom it was received;
4. The sale of a firearm to a law enforcement agency
or a law enforcement officer for official duties if the
transaction meets the specific requirements of
27 CFR § 478.134 (discussed on page 13);
The transfer of a replacement firearm of the same
kind and type to the person from whom a firearm was
received;
The transfer of a firearm that is subject to the
National Firearms Act if the transfer was
pre- approved in writing by ATE
Prohibited Transfers
You MAY NOT sell or transfer a firearm or ammunition
to any person you know or have reasonable cause to
believe is prohibited from possessing or receiving a
firearm. Do not sell or otherwise transfer'a firearm and
do not contact NICS if you have reason to believe that
a person seeking to obtain a firearm is prohibited from
receiving or possessing a firearm.
Note: If a person answers "No" to Item l La or 12 of
Form 4473, or answers "Yes" to one or more questions
in Items 1 Lb through 11.1 of Form 4473, that person has
given you reason to believe he or she is prohibited and
the transaction must be stopped.
You MAY NOT sell or transfer a firearm or ammunition
to any of the following prohibited persons or in the
following circumstances:
1.
2.
Straw Purchaser: A "straw purchaser" is a person
who is not the "actual buyer" of the firearm; that is,
a person who obtains a firearm for another person.
Straw purchases are a primary source of firearms
used in crime. If you suspect that a transaction is
a straw purchase or there are suspicious circum-
stances surrounding the potential sale —such as one
person picking out the firearm, handling the firearm,
and providing the payment for the firearm while
another person completes the Form 4473 —you
should not sell the firearm. Similarly, if one person
attempts to purchase a firearm, NICS denies or
delays the attempted purchase, and another person
with him or her attempts to buy the same firearm,
you must not complete this sale.
Person Under Indictment: A person "under indict-
ment" includes any person who has been charged
by indictment or information in any court with a
crime for which he or she may be sentenced to a
term of imprisonment exceeding 1 year.
3. Person Convicted of a Crime Punishable by
Imprisonment for a Term Exceeding 1 Year:
This prohibited person category includes any
person who has been convicted of a felony or other
crime for which the person could have been sen-
tenced to imprisonment for a term exceeding
1 year —EVEN if the court actually placed the
person on probation or sentenced the person to a
term of imprisonment for 1 year or less.
Fugitive from Justice: A fugitive from justice is a
person who has fled from any State to avoid prose-
cution for a crime (felony or misdemeanor) or to
avoid giving testimony in any criminal proceeding.
5. Unlawful Drug User or Drug Addict: This
prohibited person category includes any person
who unlawfully uses —or is addicted to— marijuana,
depressants, stimulants, narcotic drugs, or other
controlled substances. Alcohol is NOT considered a
controlled substance.
6. Adjudicated Mental Defective or Person
Involuntarily Committed to a Mental Institution:
This prohibited person category includes any person
who has EVER been adjudicated by a court, board,
commission, or other lawful authority to be, as a
result of marked subnormal intelligence or mental
illness, incompetency, condition, or disease, a dan-
ger to himself or herself or to others or to lack the
mental capacity to contract or to manage his /or
her own affairs. This category also includes any
person who has been subject to a finding of insanity
in a criminal case, including a finding that he or she
is incompetent to stand trial. Also included is any
person who has EVER been formally committed to
a mental institution by a court or other lawful autho-
rity. This category does NOT include a person com-
mitted to a mental institution solely for observation
or a person who was voluntarily admitted to a
mental institution.
7. Person Dishonorably Discharged from the
Military: A person is considered dishonorably
discharged only if he or she was separated from the
Armed Forces of the United States as a result of a
dishonorable discharge or a dismissal adjudged by
a general court- martial. This prohibition does NOT
include persons with a bad conduct discharge or any
other less than honorable discharge.
8. Person Subject to a Restraining Order: This
prohibited person category includes any person
who is currently subject to a court order that
restrains the person from harassing, stalking, or
threatening an intimate partner, child of the per-
son, or child of the intimate partner OR engaging in
other conduct that would place the intimate partner
in reasonable fear of bodily injury to the intimate
partner or child. The court order must meet the
specific requirements of 18 U.S.C. § 922(g)(8) to
be prohibiting.
9. Person Convicted of a Misdemeanor Crime of
Domestic Violence: This prohibited person cate-
gory includes any person who has EVER been
convicted in any court of a misdemeanor crime
of domestic violence regardless of the title of the
offense. The offense must meet the definition of
"misdemeanor crime of domestic violence" in
18 U.S.C. § 921(a)(33). Note: Unlike other prohi-
bited person categories, law enforcement officers
purchasing firearms for official use are NOT exempt
from this prohibited person category.
10. Person who has Renounced U.S. Citizenship:
A person has renounced his or her United States
citizenship if he or she takes formal steps to re-
nounce her /his citizenship before a diplomatic or
consular officer or before an officer designated by
the Attorney General during a time of war.
13. Sale of a Handgun or Handgun Ammunition to
a Person Under Age 21: You may not sell or de-
liver a firearm other than a rifle or a shotgun —or
annnunition other than rifle or shotgun ammuni-
tion—to a person who you know or have reasonable
cause to believe is less than 21 years old. A firearni
frame or receiver is not a rifle or shotgun and may
not be sold to a person under 21 years old.
14. Sale in Violation of State Law or Published
Ordinance: You may not sell or deliver a firearm to
any person in any State where the purchase or pos-
session would be in violation of a State law or
published ordinance.
We recommend that you refer to the most recent
edition of ATF's State Lativs and Published
Ordinances – Firearms.
Age Restrictions
As noted above, under Federal law, the minimum age
to purchase firearms and ammunition from an FFL is
18. If the firearm is other than a rifle or a shotgun —or
ammunition for other than a rifle or a shotgun —the
minimum age is 21 [18 U.S.C. 922(b)(1)]. However:
1.
11. Aliens Illegally or Unlawfully in the United
States: This prohibited person category includes
any person who unlawfully entered the United
States or who illegally remains in the United States 2•
after his or her authorized period of stay has expired.
11a. Nonimmigrant Aliens: A nonimmigrant alien is an
alien who is lawfully in the United States on a tem-
porary basis for purposes of travel, business, study,
etc. The term does NOT include a permanent resi-
dent alien (someone who possesses a "green card. ")
A nonimmigrant alien may only purchase or receive
a firearm if he or she: (a) was admitted to the United
States for lawful hunting or sporting purposes or
presents a valid hunting license or permit issued
by a State; (b) qualifies as a foreign diplomat, offi-
cial, or law enforcement officer as defined at
18 U.S.C. § 922(y)(2); or (c) has received a waiver
of the prohibition from the Attorney General.
12. Sale of a Firearm or Ammunition to a Person
Under Age 18: You may not sell or deliver a fire-
arm or ammunition to a person you know or have
reasonable cause to believe is less than 18 years old.
You may sell ammunition that is interchangeable
between rifles and handguns to a buyer who is at least
18 years of age if you are satisfied that he or she
will use the anummition in a rifle.
Regardless of less restrictive State and local age
requirements for firearms and ammunition purchases,
you must adhere to the above Federal mininum age
provisions.
Transfers Between Licensees
Generally, FFLs may transfer firearms to other FFLs,
including interstate transfers, without completing
Form 4473 for these transactions. In these instances, the
following procedures must be followed:
1. Transactions between licensees must be recorded in
the bound book (Acquisition and Disposition or
A &D) records of both licensees.
2. The FFL who is buying the firearm must furnish a
certified copy of their license to the selling FFL prior
to the transfer of any firearm. This certified copy
may be emailed or faxed.
5
State Residency Requirements
Generally, you MAY NOT sell or transfer a firearm to
a non- licensee who resides outside the State in which
your licensed premises is located. A person's State of
residence is the State in which the person resides and the
person is present with the intent of making a home in that
State.
Military members on active duty and legal aliens
have special residency considerations.
A member of the Armed Forces on active duty is a
resident of the State in which his or her permanent duty
station is located. FFLs may accept electronic permanent
change of station (PCS) orders, accompanied by a valid
military identification card, to establish residency for an
active duty military member of the Armed Forces.
A buyer who is not a citizen of the United States must
provide additional documentation (beyond a valid
Government- issued photo identification that contains
the buyer's name, residence address, and date of
birth) to establish that he or she has resided in a State
continuously for at least 90 days immediately prior to the
date of the sale or delivery of the firearm. Examples of
acceptable documentation include, but are not limited to,
utility bills, bank statements, rent receipts, and mortgage
payments. This original documentation must contain the
buyer's name (not the name of someone they are living
with) and home address.
Permitted Sales to Non - Residents of Your State
You may sell a firearm to a person who does not reside
in your State by shipping the firearm to a licensed
dealer in the buyer's State of residence and having the
buyer take possession of the firearm from that licensee.
The licensed dealer in the buyer's State of residence is
responsible for the Form 4473 and NICS background
check. Your A &D records should reflect the transfer to
the out -of- State FFL and not to the end purchaser.
You may make an over -the- counter sale of a rifle or
shotgun to a non - resident if the transaction complies with
all the laws of your State and the laws of the buyer's
State.
We recommend that you refer to the most recent edition
of ATF's State Laws and Published Ordinances—
Firearms, prior to consummating an over- the - counter
sale of a rifle or shotgun to an out -of -State resident.
General Identification Requirements
You MUST verify the identity of each non - licensee
buyer by examining the person's identification
document(s) prior to transferring a firearm. A proper
"identification document" is:
1. A document containing the name, residence address,
date of birth, and photograph of the person;
2. A document that was made or issued by or under
the authority of the U.S. Government, a State or local
government, or a foreign government;
3. A document that is of a type commonly accepted for
the purpose of identification of individuals.
Common examples of acceptable identification
documents are a valid driver's license or a valid State
identification card issued in lieu of a driver's license.
Social security cards are not acceptable because they
do not contain a residence address, date of birth, or
photograph. However, a firearms buyer may be identified
by any combination of documents which together
contain all of the required information (as long as all the
documents are Government issued): name, residence
address, photograph, and date of birth.
Military members and legal aliens may have
special identification document considerations.
No additional valid identification documentation
is required of an active -duty member of the Armed
Forces or a legal alien if he or she possesses a valid
identification document (e.g., driver's license) that
contains his or her name, residence address, date of
birth, and photograph and is issued by the State in
which your business premises is located. If a member
of the Armed Forces or a legal alien does not possess
a valid, State - issued identification document with the
necessary information, you may accept a combination
of valid Government- issued documents to satisfy
the identification document requirement. A member
of the Armed Forces on active duty may satisfy the
identification document requirement by presenting his or
her military identification card along with official orders
showing his or her permanent duty station.
Nonimmigrant Aliens Purchasing and
Renting Firearms from an FFL for
Possession in the United States
Nonimmigrant aliens generally MAY NOT receive or
possess firearms or ammunition in the United States.
However, a nonimmigrant alien lawfully admitted to
the United States may receive or possess firearms or
ammunition if he or she fits within one of the exceptions
to the nonimmigrant alien prohibitions. These exceptions
apply to an alien who has been lawfully admitted into the
United States under a nonimmigrant visa, if that alien is:
1. Admitted to the United States for lawful hunting or
sporting purposes or is in possession of a hunting
license or permit lawfully issued in the United States;
2. An official representative of a foreign government
who is (a) accredited to the U.S. Government or the
Government's mission to an international organiza-
tion having its headquarters in the United States; or
(b) en route to or from another country to which that
alien is accredited if the firearm is being possessed
or received in the representative's official capacity;
3. An official of a foreign government or a distin-
guished foreign visitor who has been so designated
by the Department of State; or
4. A foreign law enforcement officer of a friendly
foreign government entering the United States on
official law enforcement business.
Any individual who has been admitted to the
United States under a nonimmigrant visa may receive
a waiver after submitting a petition to and obtaining
approval from ATF.
In addition to meeting at least one of the exceptions for
nonimmigrant aliens, buyers must also satisfy the legal
residency requirements, as discussed below.
A nonirmmigrant alien must provide the required
Government- issued photo identification document(s) and
documentation establishing residency in your State for
90 days immediately before the sale or transfer of the
firearm. He or she must also provide documentation of
his or her hunting license or permit, Attorney General
waiver, or documentation for any other exception.
Note: You may attach a photocopy of the additional
documents provided rather than record the type of
documentation in Items 20c and 20d of the ATF Forrn
4473.
If a nonimmigrant alien meets these criteria and
residency requirements and a properly completed NICS
check is conducted by the FFL, then the alien is eligible
to purchase a firearm from an FFL.
Sales of Firearms to Law Enforcement
Officers
Section 925(a)(1) of the GCA generally exempts law
enforcement agencies from the transportation, shipment,
receipt, possession, or importation controls of the GCA
when firearms or ammunition are to be used for official
agency business.
In this regard, law enforcement officers purchasing
firearms for official duty need to provide certain
documentation. If a law enforcement officer is issued a
certification letter on official agency letterhead signed
by a person in authority within the agency (other than
the persona purchasing the firearm) stating that the
officer will use the firearm in official duties and that
a records check reveals that the purchasing officer has
not been convicted of a misdemeanor crime of domestic
violence, then the officer may purchase the firearm for
official use. There are no restrictions as to the purchasing
officer's State of residence or agency location. You are
not required to prepare a Form 4473 for the transaction
or to conduct a NICS Check; however, the disposition to
the officer must be entered into your A &D records, and
the certification letter from the officer must be retained
as part of your required records.
ATF considers the following as persons having authority
to certify the eligibility of law enforcement officers:
1. In a city or county police department, the director of
public safety or the chief or commissioner of police.
2. Ina sheriff's office, the sheriff.
3. In a State police or highway patrol department, the
superintendent or the supervisor in charge of the
office to which the State officer or employee is
assigned.
4. In Federal law enforcement offices, the supervisor
in charge of the office to which the Federal officer or
employee is assigned.
Certification letters may be signed by persons other than
those listed above, provided there is a proper delegation
of authority. Because individual circumstances vary,
FFLs with any questions are encouraged to check
with their local ATF field office before accepting
certifications letters from other officials.
Sales to Members of the Armed Forces
A member of the Armed Forces on active duty is a
resident of the State in which his or her permanent
duty station is located. However, if a military member
maintains a home in one State and has a permanent duty
station in a another State to which he or she commutes
each day, the military member has two States of
residence and may purchase a firearm in either State —
and must list both the residence address and permanent
duty station in Item 2 on the Form 4473.
A military member on active duty must present either a
current driver's license or State identification card from
your State, or a copy of the official orders showing the
military member's permanent duty station in your State
along with a military photo identification card, an out -of-
State driver's license, or an out -of -State identification
card.
ATF has determined that you may accept electronic
Permanent Change of Station (PCS) orders. You are
reminded to exercise due diligence to ensure that these
electronic orders reflect a PCS, not a temporary move or
deployment (TDY) and that the dates of the transfer are
identified on the document and are inclusive of the date
of the attempted firearm acquisition. You are required to
verify the identity of the transferee by examining a valid
identification document.
Acquisition and Disposition (A &D) Record
You MUST at all times maintain on your licensed
premises A &D records that document the acquisition and
disposition of firearms. The A &D record must include
information about the acquisition and disposition of
ALL firearms for sale or trade, consignment firearms,
pawned firearms, repair firearms (if sent for repairs or
kept overnight), replacement firearms, firearms loaned
or rented for use off your licensed premises, and all other
acquisitions and dispositions of firearms. All firearms
that you acquire must be documented in your A &D
record.
Note: You may maintain a computerized A &D record
if the record meets the criteria outlined in ATF Ruling
2008 -2.
Required Acquisition Information
For each firearm you acquire, you must completely and
accurately record all of the following information in your
A &D record:
1. The date of receipt of the firearm;
2. The name and address of the non - licensee or the
name and FFL license number of the licensee from
whom you received the firearm;
3. The name of the manufacturer and importer (if any)
of the firearm;
4. The model of the firearm;
5. The serial number of the firearm;
6. The type of firearm (pistol, revolver, rifle, shotgun,
receiver, frame, etc); and
7. The caliber or gauge of the firearm.
Required Disposition Information
For each firearm you sell or otherwise dispose of, you
must completely and accurately record the following
information in your bound book:
1. The date of sale or other disposition of the firearm;
2. The name and address of the non - licensee or the
name and FFL license number of the licensee to
whom the firearm was transferred.
Alternatively, if you file your Forms 4473 in numerical
order, you may record your internal Form 4473 number
in the A &D record in lieu of recording the name and
address of the non - licensee to whom you sold or
transferred the firearm.
Time Requirements for Recording
Acquisition Information
The required acquisition information must be recorded
in your A &D record no later than the close of the next
business day following the date of acquisition. However,
if you maintain a commercial record of the acquisition,
and the commercial record meets the requirements of
27 CFR §478.125(g), you may delay the recording of the
acquisition information in your bound book for 7 days
following the date of acquisition. Note: If the acquisition
information is not entered in the A &D record prior to the
sale or other disposition of the firearm, you must enter
the acquisition information at the time of the sale or
disposition.
Time Requirements for Recording
Disposition Information
The required disposition information must be recorded
in your A &D record no later than 7 days following the
date of the sale or other disposition. When the disposition
is made to a non - licensee, you must retain the Form
4473 separate from your other Forms 4473 —and keep
it readily available for inspection —until the disposition
information is entered in the A &D record.
Licensed Firearms Manufacturers
If you hold a Type 07 FFL, you are required to keep your
acquisition and disposition records in accordance with
the regulatory requirements of 27 CFR 478.123(a), (b)
and (d).
Time Requirements for Recording Acquisition
and Disposition Information in Manufacturer
Records
The required acquisition information for each firearm
manufactured or otherwise acquired and the date of such
manufacture or acquisition shall be recorded not later
than the seventh day following such manufacture or other
acquisition. Firearms for which acquisition information
must be recorded include both completed weapons that
will or may readily be converted to expel a projectile
by the action of an explosive and frames or receivers
that may be sold, shipped, or otherwise disposed of
separately. The sale or other disposition shall be recorded
not later than the seventh day following the transaction.
Note: Acquisition records of manufacturers and
importers must be retained as a permanent record.
Licensed Firearms Importers
If you hold a Type 08 FFL, you are required to keep your
acquisition and disposition records in accordance with
the regulatory requirements of 27 CFR 478.122(a), (b)
and (d).
Time Requirements for Recording Acquisition
and Disposition Information in Importer Records
The required acquisition information for each fireann
imported or otherwise acquired and the date of such
importation or acquisition shall be recorded within
15 days of the date of importation or other acquisition.
The date of importation is the date the firearm was
brought into the United States. The sale or other
disposition shall be recorded not later than the seventh
day following the transaction.
Note: Acquisition records of manufacturers and
importers must be retained as permanent records.
Alternate Methods or Procedures
(Variances)
In certain circumstances, you may apply to ATF for
a variance in the event that you wish to operate your
firearms business in a manner that differs from the
requirements of the regulations. The regulations that
allow ATF to grant a variance can be found in 27 CFR
478.22 and 27 CFR 478.125(h).
ATF may only authorize an alternate method or
procedure when it is substantially equivalent to the
procedure specified in the law and the alternate method
does not hinder the effective administration and
enforcement of the law and regulations or increase costs
to the Government. Your request should be sent to:
Chief, Firearms Industry Programs Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
99 New York Avenue, NE.
Room 6N/672
Washington, DC 20226
Reporting Multiple Sales
You MUST report to ATF on Form 3310.4 (Report
of Multiple Sale or Other Disposition of Pistols and
Revolvers) any sale or transfer of two or more pistols,
revolvers, or any combination of pistols and revolvers
totaling two or more to an unlicensed individual that
takes place at one time or during any 5 consecutive
business days. The report must be made no later than
the close of business on the day that the multiple sale or
other disposition occurs.
Mail the original or fax a copy of the completed Form
3310.4 to ATF as directed on the Form 3310.4. You
must also forward a completed copy of the Form 3310.4
to the official designated by the State or local authorities
to receive the form. In the absence of such a designation,
forward a completed copy of the Form 3310.4 to the
department of State police or State law enforcement
agency that has jurisdiction over the place where the
transaction(s) occurred.
The ATF mailing address and fax number are:
ATF, National Tracing Center
P.O. Box 0279
Kearneysville, West Virginia 25430 -0279
1- 877 -283 -0288 (fax)
Retain a copy of the completed Form 3310.4, attached to
the back of the ATF Form 4473 for the transfer, as part
of your records.
No Form 3310.4 is necessary for the return of multiple
handguns to the same person from whom they were
received —such as the return of multiple consignment,
pawned, or repaired handguns.
Accountability for Firearms
Violations related to firearns missing from inventory are
among the most commonly cited GCA violations, and
have a direct impact on public safety. These violations
occur when FFLs have "open entries" in their A &D Implementing these best practices in your daily business
records but are unable to physically locate the firearms in operations will better enable you to account for your
inventory.
To reduce or eliminate violations resultant from
unaccounted for firearms, please consider the following
best practices to ensure accountability of your firearms
inventory:
Consider setting aside in a centralized location all
completed Forms 4473 in a centralized location for
each day's sales. At the close of the business day,
document in the disposition record the disposition of
each firearm recorded on the Forms 4473.
Consider setting aside in a centralized location each
day's firearms taken into your business. We suggest
that you document in the acquisition record the
acquisition of each firearm at the end of each
business day.
Some FFLs periodically conduct full inventory
reconciliations. A full inventory reconciliation will
enable you to balance each firearm in physical
inventory with an open entry in your A &D record
and identify any discrepancies between your records
and physical inventory:
a. Consider taking a full count of all firearms in the
business inventory and taking a count of all open
entries in your A &D record;
b. Ensure that all sales receipts (FFL transactions,
repairs) and Forms 4473 have been entered as
dispositions in the A &D record;
c. Be alert for discrepancies —if there are more
"open entries" than firearms in inventory, then
there are firearms missing from inventory. If there
are more firearms in inventory than there are
"open entries," then there are likely firearms that
have not been recorded as acquisitions;
d. You can ensure the accuracy of your documenta-
tion by using the A &D record information (in
particular, the make, model, caliber, serial number)
to compare each "open entry" to the appropriate
firearm in the business inventory;
e. You can also ensure that all firearms are recorded
in the A &D record by verifying each firearm to an
entry in the acquisition record where an open entry
(disposition) exists.
tL
business assets, identify security issues, and provide
quick reporting of firearms that have been lost or stolen
from your business.
Lost or Stolen Firearms
You MUST report to ATF each missing, lost, or stolen
firearm within 48 hours of discovery of the loss or
theft by calling 1- 800 - 930 -9275 and by completing and
forwarding an original Form 3310.11 (Federal Firearms
Licensee TheftlLoss Report) to ATF as directed on the
Form 3310.11.
A loss of a firearm occurs when you cannot determine
the disposition of a firearm and cannot locate it. These
lost firearms are different from stolen firearms because
there is no indication that they were stolen. You must
also report the theft or loss to the appropriate local
law enforcement agency. The "open entries" in your
A &D record of lost or stolen firearms must be closed
out by documenting in the disposition section that the
firearm was lost or stolen and the ATF issued incident
number. Retain a copy of the Form 3310.11 as part of
your records. See ATF Publication 3317.2, Safety and
Security Information for Federal Firearms Licensees, for
additional information.
Providing False Information
You must not provide information on required records
(including Forms 4473, bound books, Forms 3310.4,
Forms 33 10.11, license renewal applications) that you
know is false or that you have reason to believe is false.
You must not transfer a firearm to a buyer or
transferee —or any other person —who provides
information on a Form 4473 or other required record that
you know is false or have reason to believe is false. You
must terminate the transaction.
Licensed Collectors
Licensed collectors may buy curio or relic firearms
from any source and dispose of curio or relic firearms
to another licensee anywhere. As a licensed collector,
you may dispose of and receive curio or relic firearms to
non- licensed residents of your State.
You must maintain A &D records. Your collector's
license entitles you to conduct transactions in curios and
relics only. A licensed collector has the same status as a
non - licensee in any transaction involving firearms other
than curios and relics. ATF Form 4473 is not required for
curio and relic transactions.
A curio or relic license does not entitle the holder to
engage in the business of dealing in firearms, including
dealing in curio or relic firearms.
Sale of Business or Going Out of Business
You must give written notice to the Chief, FFLC, within
30 days after you sell or discontinue your firearms or
ammunition business. If you sell or discontinue your
firearms or ammunition business and are succeeded by
a new licensee, your firearms dealer records should be
marked to show this fact and must be delivered to the
successor. If you do not have a successor, you must
deliver all of your firearms records within 30 days of
going completely out of the firearms business to:
ATF National Tracing Center
Out -of- Business Records Center
244 Needy Road
Martinsburg, WV 25405
or any ATF office that serves the area where the business
was located. These records provide vital assistance to
law enforcement in tracing firearms used in crimes,
Conclusion
As a Federal firearms dealer, it is your responsibility to
make sure that you comply with all applicable firearms
laws and regulations. The following resources may assist
you:
• Federal Firearms Regulations Reference Guide;
• ATF Website at www.atf.gov;
• FFL Newsletters;
• Instructions on ATF Forms 4473, 3310.4, and 3310.11;
• State Attorney General for questions concerning State
firearms laws and regulations.
If you are unable to determine the appropriate course of
conduct, call your local ATF office for guidance.
OF
For questions concerning unlawful activities, contact the ATF Criminal Enforcement Field Divisions below:
Atlanta Field Division
2600 Century Parkway, Suite 300
Atlanta, GA 30345 -3104
(404) 417 -2600
Baltimore Field Division
G.H. Fallon Building
31 Hopkins Plaza, 511 Floor
Baltimore, MD 21201 -2825
(443) 965 -2000
Boston Field Division
Federal Building
10 Causeway Street, Room 791
Boston, MA 02222 -01047
(617) 557 -1200
Charlotte Field Division
6701 Carmel Road, Suite 200
Charlotte, NC 28226
(704) 716 -1800
Chicago Field Division
525 West Van Buren Street, Suite 600
Chicago, IL 60607
(312) 846 -7200
Columbus Field Division
230 West Street, Suite 400
Columbus, OH 43215
(614) 827 -8400
Dallas Field Division
1114 Commerce Street, Suite 303
Dallas, TX 75242
(469) 227 -4300
Denver Field Division
1961 Stout Street, Room 674
Denver, CO 80294
(303) 844 -7450
Detroit Field Division
1155 Brewery Park Blvd, Suite 300
Detroit, MI 48207 -2602
(313) 202 -3400
To Obtain Assistance Regarding
Your License
ATF Firearms Licensing Center
244 Needy Road
Martinsburg, WV 25405
1- 866 - 662 -2750
12
Houston Field Division
15355 Vantage Pkwy West, Suite 200
Houston, TX 77032 -1965
(281) 372 -2900
Kansas City Field Division
2600 Grand Avenue, Suite 200
Kansas City, MO 64108
(816) 559 -0700
Los Angeles Field Division
550 North Brand Avenue, 8t1 Floor
Glendale, CA 921203
(818) 265 -2500
Louisville Field Division
600 Dr. Martin Luther King, Jr. Place
Suite 322
Louisville, KY 40202
(502) 753 -3400
Miami Field Division
11410 N.W. 20t1 Street, Suite 201
Miami, FL 33172
(305) 597 -4800
Nashville Field Division
5300 Maryland Way, Suite 200
Brentwood, TN 37027
(615) 565 -1400
New Orleans Field Division
One Galleria Boulevard, Suite 1700
Metairie, LA 70001
(504) 841 -7000
New York Field Division
2413711 Street, 311 Floor
Brooklyn, NY 11232
(718) 650 -4000
Newark Field Division
1 Garret Mountain Plaza, Suite 500
Woodland Park, NJ 07424
(973) 413 -1179
To Receive ATF Forms and
Publications
ATF Distribution Center
1519 Cabin Branch Drive
Landover, MD 20785 -3816
(301) 583 -4696
Philadelphia Field Division
601 Walnut Street, Suite 100E
Philadelphia, PA 19106
(215) 446 -7800
Phoenix Field Division
201 East Washington Street, Suite 940
Phoenix, AZ 85004
(602) 776 -5400
San Francisco Field Division
5601 Arnold Road, Suite 400
Dublin, CA 94568 -7724
(925) 479 -7500
Seattle Field Division
915 2nd Avenue, Room 790
Seattle, WA 98174
(206) 389 -5800
St. Paul Field Division
30 East Seventh Street, Room 1900
St. Paul, MN 55101
(651) 726 -0200
Tampa Field Division
400 North Tampa Street, Room 2100
Tampa, FL 33602
(813) 202 -7300
Washington Field Division
1401 H Street, NW, Suite 900
Washington, DC 20226
(202) 648 -8010
To Ship Out -of- Business Records
ATF National Tracing Center
244 Needy Road
Martinsburg, WV 25405
(304) 260 -1500 or 1- 800 - 788 -7133
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U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
ATF Distribution Center
1519 Cabin Branch Drive
Landover, Maryland 20785
Official Business
Penalty for Private Use, $300
ATF Publication 5300.15
Revised August 2010
CALIFORNIA FIREARMS LAWS
TABLE OF CONTENTS
ADDENDUM - SUMMARY OF NEW LAWS ...........................1
DEFINITIONS......... ......... ............................... 4
Firearms............................. ..............................4
Handguns............................ ..............................4
Exceptions........................... ..............................4
1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
short - barreled shotgun .................. ..............................5
short- barreled rifle ..................... ..............................5
camouflaging firearm container ......... ...............................
5
canegun ............................. ..............................5
walletgun ....... ............................... ...................5
undetectable firearm .................................................
6
flechettedart ........................ ..............................6
zipgun .............................. ..............................6
unconventional pistol ..................... ...........................6
multiburst trigger activator ............... ..............................6
bullet containing or carrying an explosive agent ...........................
6
dirkor dagger ......................... ..............................6
nunchaku.......................... . ..............................6
metal knuckle ......................... ..............................6
hard plastic knuckles ................... ..............................6
ballistic knife ......................... ..............................7
shuriken............................. ..............................7
belt buckle knife ..................... ...............................
7
lipstick case knife ......... .......... ...............................
7
canesword ........................... ..............................7
shobi- zue ............................ ..............................7
leaded cane .......................... ..............................7
airgauge knife ............ ............................... .........7
writing pen knife ...................... ..............................7
metal military practice hand grenade or metal replica hand grenade ..............7
large capacity magazine . ............................... .............
7
Exceptions.......................... ..............................7
Machineguns........................ ..............................8
AssaultWeapons ..................... ..............................8
Exceptions........................... .............................15
California Firearms Laws 2007
Armor- Piercing Bullets ............... ............................... 17
Larger Caliber Weapons and Tracer Ammunition .......................... 17
Firearm Silencers ...................... .............................18
Sniperscopes ......................... .............................18
Boobytraps........................... .............................18
Flamethrowers ......................... .............................18
2. PERSONS INELIGIBLE TO POSSESS FIREARMS AND AMMUNITION
Persons Convicted of Felonies or Other Specified Crimes .................... 19
Persons Convicted of Misdemeanor Violations of Specified Offenses .......... 20
Persons Prohibited From Possession, Purchase of Firearms As a Condition of
Probation................................ .............................22
Persons Subject to a Protective Order .... ............................... 22
Persons Subject to a Temporary Restraining Order ......................... 22
Persons Subject to Juvenile Court Law ... ............................... 24
Mental Patients ....................... .............................25
Justifiable Possession of a Firearm by Certain Prohibited Classes .............. 26
Personal Firearms Eligibility Check ...... ............................... 26
3. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY 27
Use of a Firearm or Other Deadly Force in Defense of Life and Body .......... 27
Self - Defense Against Assault .......... ............................... 27
Protecting One's Home ............... ............................... 27
Defense of Property .................. ............................... 28
Limitations on the Use of Force in Self - Defense ........................... 28
4. POSSESSION AND TRANSPORTATION OF CONCEALED WEAPONS
Carrying a Concealed Handgun Without a License on One's Person or
Concealed in a Vehicle ................... ............................... 28
Licenses to Carry Concealed Weapons ... ............................... 30
5. LOADED FIREARMS
Loaded Firearms in a Public Place ...... ............................... 31
Exceptions........................... .............................31
Firearms in the Home or Business ....... ............................... 32
Carrying Unregistered Loaded Handguns ................................ 32
6. FIREARMS AND PICKETING ACTIVITY
General Exceptions Are Not Applicable .. ............................... 33
7. FLAREGUN S ......................................................................... .............................33
California Firearms Laws 2007 H
8. SALES, LOANS, AND OTHER TRANSFERS OF FIREARMS
handgun Purchases Limited to One Per 30 -Days ........................... 33
Exceptions........................... .............................34
Handgun Safety, Functionality, and Testing Requirements ................... 34
Exceptions........................... .............................34
Sales, Loans, or Transfers of Firearms .... ............................... 37
Exceptions........................... .............................37
Handgun Safety Certificate ............ ............................... 38
Exceptions........................... .............................38
California Residency Requirement ............................................ ............................... 39
Sales, Loans, and Transfers of Firearms by Personal Handgun Importers ........ 39
Sales or Transfers of Firearms to Mental Patients .......................... 40
Sales or Transfers of Firearms or Related Devices to Minors ................. 40
Sales, Manufacture, Possession, or Transportation of Machineguns ............ 41
Use of United States Postal Service, Private Parcel Delivery, or Common Carrier . 41
9. FORFEITURES OF FIREARMS
Forfeiture for Violation of the Penal Code . ............................... 42
Forfeiture for Violation of the Fish and Game Code ........................ 42
10. OTHER PROHIBITED ACTS
Obliteration or Alteration of Firearm Identification ......................... 42
Firearms on School Grounds ........... ............................... 43
Exceptions........................... .............................43
Drawing/Exhibiting Loaded Firearm on Juvenile Activities Grounds ........... 44
Discharge of Firearms at Inhabited/Occupied Dwellings, Buildings, Vehicles,
Aircraft................................. ............................... 44
Discharge of Firearms at Unoccupied/Uninhabited Aircraft, Unoccupied Motor
Vehicles, Buildings, Dwellings .................................................. .............................44
Discharge of a Firearm From a Motor Vehicle ............................. 44
Threatening Acts with Firearms on Public Streets or Highways ............... 45
Threatening Acts with Imitation Firearms . ............................... 45
Threatening Acts With a Laser Scope ..... ............................... 45
Forfeiture of Vehicles Used in Offenses Involving the Discharge or
Brandishing of a Firearm ............................................................. .............................45
Sell or Distribute Imitation Firearms ..... ............................... 45
Advertising of Prohibited Weapons ...... ............................... 46
11. FIREARM SAFETY INSTRUCTION
Certificate of Completion for Hunting Licenses ............................ 46
Handgun Training for Security Guards, Etc . ............................... 47
California Firearms Laws 2007 iii
Firearm Safety and Training Courses Provided by Gun/Shooting Clubs or
Associations.................................................................................. .............................48
Handgun Safety Certificate Requirement .. ............................... 48
Safe Handling Demonstration ..................................................... .............................48
Safe Handling and Storage of Fireanns ........ .......................... 48
12. FIREARM SAFETY DEVICE REQUIREMENT ........ ............................... 49
ADDENDUM - SUMMARY OF NEW LAWS
Effective January 1, 2007, the California Firearms Laws booklet is revised to include
California Firearms Laws 2007 iv
amendments to existing code sections of the California Penal Code and Welfare and
Institutions Code and to add new sections as a result of legislative action occurring
during 2006. This addendum only provides a brief summary of these changes. For
more detailed information, please refer to the complete text of the bills available via
the Internet at: http: / /Nvww.leginfo.ca.gov/ or you may contact the Legislative Bill
Room at (916) 445 -2323 to obtain copies of these bills (order by statute year and
chapter number). Additional information regarding firearms laws, including the full
text of the Dangerous Weapons Control Law, is available on the Internet at the
Department of Justice (DOJ) Bureau of Firearms website at
http: / /www. ag. ca. gov /firearms.
AB 2111 (Slats. 2006, ch. 71) (Haynes)
• Allows the delivefy of a handgun by a dealer to a purchaser despite the fact, during the pendency
of the DROS, the handgun is removed f °om the roster of not unsafe handguns due to nonpayment
(PC § 12131).
• Provides that if the handgun, prior to the completion of the transfer, is removed f °om the roster
because of a failure during retesting, the handgun cannot legally be delivered to the purchaser (PC
§ 12131).
AB 2521 (Slats. 2006, ch. 784) (Jones)
• Establishes the Centralized List of Exempted Federal Firearms Licensees (Ms)
(PC § 120 72) as of January 1, 2008.
• As of July 1, 2008, requires both in -state and out of state FFLs to obtain approval (a unique
verification number) f °om the California Department of Justice (DOJ) prior to shipping firearms
to any California FFL (PC § 12072).A subsequent DOJInformation. Bulletin will be forwarded
regarding this new law.
SB 1239 (Slats. 2006, ch. 52) (Hollingsworth)
• Authorizes firearms dealers to provide a copy of a DROS in a private party transaction to the
seller, as well as the purchaser, of the firearm (PC § 12076).
• Requires the redaction of personal information about the firearm seller from the copy of the
document provided to the purchaser, and information regarding the purchaser f om the copy of the
document provided to the seller (PC § 12076).
SB 1538 (Slats. 2006, ch. 668) (Scott)
California Firearms Laws 2007
Provides that any person who is prohibited from obtaining a firearm. who knowingly furnishes a
factitious name or address, knowingly furnishes any incorrect information, or knowingly omits any
information required on the Dealer's Record of Sale (DROS) is guilty of a crime punishable by
imprisonment in a county jail not exceeding one year, or imprisonment in state prison for 8, 12 or
18 months (PC § 12076).
AB 2129 (Stats. 2006, ch. 474) (Spitzer)
o Requires a person subject to a temporary restraining order to surrender his or her firearm(s)
within 24 hours of being served with the order or injunction without regard to whether the person
appeared in court at the time the order was issued (Civil Code § 527.9).
® Requires a person subject to a temporary restraining order to present a receipt to the court
acknowledging the surrender of his or her firearms within 48 hours after receipt of the temporary
restraining order or injunction (Civil Code § 527.9).
AB 2521 (Stats. 2006, ch. 784) (Jones)
o Establishes the Centralized List of Exempted Federal Firearms Licensees (FFLs)
(PC § 12072) as of January 1, 2008.
As of July 1, 2008, requires both in -state and out of state Ms to obtain approval (e.g., a unique
verification number) fi ^om the California Department of Justice (CDOJ) prior to shipping firearms
to any California FFL (PC § 12072).
AB 2728 (Stats. 2006, ch. 793) (Klehs)
® Repeals DOJ's authority under Penal Code §12276.1 to identify Colt AR -15 and AK -47 type
"series " assault weapons by name, or to seek a judicial declaration that a firearm is identical to
an assault weapon listed in Penal Code section. 12276.
o Authorizes the Attorney General, any district attorney, or any city attorney to bring an action in
superior court, in lieu of criminal prosecution, to enjoin the possession of the assault weapon or .50
BMG rifle, seek destruction of the weapon as a public nuisance, and to obtain civil fines (PC §
12282(b)).
Requires the destruction of any assault weapon or any .50 BMG rifle declared by a court to be
a public nuisance, or uponn a conviction for "any misdemeanor or felony involving the illegal
possession or use of an assault weapon. " (PC § § 12282(c); 12282(d)).
® Authorizes law enforcement to obtain a court order to preserve an assault weapon or. 50 BMG
re for law enforcement purposes "in the interests of justice. "
(PC § 12282(c).
SB 532 (Stats. 2006, ch. 180) (Torlakson)
® Expands the scope of the offense of discharging a firearm in a grossly negligent manner that could
result in injury or death to a person to include a BB device, and makes the offense involving a BB
device punishable by imprisonment in a county jail, not exceeding one year (PC § 246.3).
California Firearms Laws 2007 2
SB 585 (Stats. 2006, ch. 467) (Kehoe)
• Requires that persons subject to a protective court order which includes the
relinquishment of firearms to immediately surrender his or her firearm in a safe manner, upon the
request of any law enforcement officer, or within 24 hours when no request for relinquishment is
made by a law enforcement officer (FC § 6389)).
• Requires that persons who are subject to a protective order file a receipt with the court
acknowledging the surrender of his or her firearms within 48 hours after being served with the order
and provides that the failure to timely file a receipt constitutes a violation of the protective order
(FC § 6389).
SB 1538 (Stats. 2006, ch. 668) (Scott)
• Provides that any person who is prohibited fi^om obtaining a firearm who knowingly furnishes a
fictitious name or address or knowingly furnishes any incorrect information or knowingly omits any
information required on the Dealer's Record of Sale (DROS) be punished by imprisonment in a
county jail not exceeding one year or imprisonment in state prison for 8, 12 or 18 months (PC §
12076).
California Firearms Laws 2007 3
INTRODUCTION
This pamphlet contains a general summary of California laws that govern common possession
and use of firearms by persons other than law enforcement officers, firearms dealers, or members
of the armed forces. It is not designed to provide individual guidance for specific situations, nor does
it attempt to summarize federal law. The legality of any specific act of possession or use will
ultimately be determined by applicable federal and state statutory and case law. For more
information on specific state statutes, please refer to the full text of the California Penal Code
sections referenced herein, available via the Internet at: http: / /www.leginfo.ca.gov /. Persons having
specific questions are encouraged to seek legal advice from an attorney, or consult their local law
enforcement agency or law library. The California Department of Justice and all other public entities
are immune from any liability arising from the drafting, publication, or dissemination of this
pamphlet, or any reliance upon it. (Penal Code § 12080.)
DEFINITIONS
Firearms
The term firearm includes rifles, shotguns, revolvers, pistols, or any other device designed to be
used as a weapon from which a projectile is expelled by the force of any explosion or other form of
combustion. The term firearm includes the frame or receiver of any such weapon. (Penal Code §
12001.)
For the purposes of sections 12025 and 12031, the term firearm also includes any rocket, rocket
propelled projectile launcher, or similar device containing any explosive or incendiary material
whether or not the device is designed for emergency or distress signaling purposes. (Penal Code §
12001.)
Handguns
A handgun is any pistol, revolver, or other firearm capable of being concealed upon the person that
has a barrel length of less than 16 inches. The term also applies to any device that has a barrel
length of 16 inches or more which is designed to be interchanged with a barrel less than 16 inches.
(Penal Code § 12001(a).)
Exceptions
The term firearn7 does not apply to a federally defined "antique" firearm for the purpose of dealer
licensing requirements, sales or loans between private parties, or requirements to obtain a Handgun
Safety Certificate pursuant to Penal Code sections 12070, 12071, subdivisions (b) (c) or (d) of
12072, or 12073. The term firearm. does not apply to federally defined "curio' or "relic" long guns
over 50 years old for the purpose of transfers between private parties. (Penal Code §§ 12001(e),
12078(t)(2).)
California .Firearms Laws 2007
1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
It is unlawful for any person to own, possess, lend, manufacture, import, sell, or offer to sell any
short - barreled shotgun or short - barreled rifle, any firearm that is not immediately
recognizable as a firearm, any camouflaging firearm container, any cane or wallet gun, any
undetectable firearm, any ammunition that contains or consists of a flechette dart, any bullet
that contains or carries an explosive agent, any zip gun, any unconventional pistol, any multi -
burst trigger activator, any nunchaku, any metal knuckles, any belt buckle knife, any leaded
cane, any lipstick case knife, any cane sword, any shobi -zue, any air gauge knife, any ballistic
knife,
any shuriken, any writing pen knife, and any metal military practice hand grenade or metal
replica hand grenade. It is unlawful for any person to carry a concealed dirk or dagger. (Penal
Code §§ 12001.5, 12020(a)(1).)
It is unlawful for any person to commercially manufacture or cause to be commercially
manufactured, or knowingly import into the state for commercial sale, keep for commercial sale, or
offer or expose for commercial sale, any hard plastic knuckles. (Penal Code § 12020. 1.)
It is unlawful for any person to manufacture, cause to be manufactured, import into the state, keep
for sale, or offer or expose for sale, or give or lend, any large- capacity magazine. (Penal Code §
12020(a)(2).)
A short - barreled shotgun means a firearm designed or redesigned to fire a fixed shotgun shell that
has a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches; any
weapon made from a shotgun which meets the barrel length or overall length criteria; any device
which may be restored to fire a fixed shotgun shell and which meets the barrel length or overall
length criteria; or any part or combination of parts designed and intended to convert a device into
a short- barreled shotgun or which would permit an individual to readily assemble a short- barreled
shotgun. (Penal Code § 12020(c)(1).)
A short - barreled rifle means a rifle having a barrel length of less than 16 inches or an overall length
of less than 26 inches; any weapon made from a rifle which meets the barrel length or overall length
criteria; any device which may be restored to fire a fixed cartridge and which meets the barrel length
or overall length criteria; or any part or combination of parts designed and intended to convert a
device into a short- barreled rifle or which would permit an individual to readily assemble a short-
barreled rifle. (Penal Code § 12020(c)(2).)
A camouflaging firearm container means a container designed to enclose a firearm, making
it unrecognizable, and is capable of being fired by external controls while enclosed in the
container. The term excludes camouflage gear used in hunting. (Penal Code § 12020(c)(9).)
A cane gun means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar
device designed to be, or capable of being used as an aid in walking, if such firearm may
be fired while mounted or enclosed therein. (Penal Code § 12020(c)(5).)
A wallet gun means any firearm mounted or enclosed in a case resembling a wallet, designed
to be, or capable of being carried in a pocket or purse, if such firearm may be fired while mounted
or enclosed in such case. (Penal Code § 12020(c)(4).)
California Firearms Laws 2007 5
An undetectable firearm means any weapon (after grips, stocks and magazines are removed)
which is less detectable than the security test devices which are used to calibrate and set walk -
through metal detectors; or a weapon which has a major component made of barium sulfate or other
compounds which do not generate an image accurately depicting the component on the x -ray
machines commonly used at airports. (Penal Code § 12020(c)(22).)
A flechette dart means a dart one inch in length that is capable of being fired from a firearm
and has tail fins that take up approximately five- sixteenths of an inch of the body.
(Penal Code § 12020(c)(6).)
A zip gun means a weapon or device made or altered to expel a projectile by the force of an
explosion or other form of combustion which was not imported by a person licensed pursuant to
federal law, not designed as a firearm by a manufacturer licensed pursuant to federal law and on
which no federal tax was paid nor exemption from federal tax granted. (Penal Code § 12020(c)(10).)
An unconventional pistol means a firearm that does not have a rifled bore and has a
barrel or barrels less than 18 inches in length and an overall length of less than 26
inches. (Penal Code § 12020(c)(12).)
A multiburst trigger activator means a device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by
activating the device, or a manual or power - driven trigger activating device constructed so that when
attached to a semiautomatic firearm it increases the rate of fire of that firearm. (Penal Code §
12020(c)(23).)
The term bullet containing or carrying an explosive agent does not include tracer
ammunition manufactured for use in shotguns. (Penal Code § 12020(b)(6).)
A dirk or dagger means a knife or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury. A non - locking
folding knife, a folding knife not prohibited by section 653k, or a pocketknife, is considered a dirk
or dagger only if the blade of the knife is exposed and locked into position. (Penal Code §
12020(c)(24).)
A nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain. (Penal Code§ 12020(c)(3).)
A metal knuckle means a device or instrument made wholly or partially of metal to be worn in or
on the hand while striking a blow to increase the force of the impact. (Penal Code § 12020(c)(7).)
The term hard plastic knuckles means any device or instrument made wholly or partially of plastic
that is not a metal knuckle as defined in paragraph (7) of subdivision (c) of Section 12020, that is
worn for purposes of offense or defense in or on the hand, and that either protects the wearer's hand
while striking a blow or increases the force of impact from the blow or injury to the individual
receiving the blow. The plastic contained in the device may help support the hand or fist, provide
a shield to proiect it, or consist of projections or studs that would contact the individual receiving
a blow. (Penal Code § 12020. 1.)
California Firearms Laws 2007
A ballistic knife means a device that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. (Penal Code § 12020(c)(8).)
A shuriken means an instrument without handles consisting of metal having three or more
radiating points with one or more sharp edges, used as a weapon for throwing.
(Penal Code § 12020(c)(11).)
A belt buckle knife means a knife which is an integral part of a belt buckle and has a blade of
at least 2 -1/2 inches in length. (Penal Code § 12020(c)(13).)
A lipstick case knife means a knife enclosed within and made an integral part of a lipstick
case. (Penal Code § 12020(c)(14).)
A cane sword means a cane, stick, staff, rod, pole, or similar device having a concealed blade that
may be used as a sword. (Penal Code § 12020(c)(15).)
A shobi -zue means a staff, crutch, rod, or pole concealing a knife or blade which may be exposed
by a flip of the wrist or mechanical action. (Penal Code § 12020(c)(16).)
A leaded cane means a staff, crutch, stock, rod, pole or similar device unnaturally weighted
with lead. (Penal Code § 12020(c)(17).)
An air gauge knife means a device that appears to be an air gauge, but has a concealed pointed
metallic shaft designed to be a stabbing instrument when exposed by mechanical action or gravity,
and locks into place when extended. (Penal Code § 12020(c)(18).)
A writing pen knife means a device that appears to be a writing pen, but has a concealed pointed
metallic shaft designed to be a stabbing instrument when exposed by mechanical action or gravity,
and locks into place when extended. (Penal Code § 12020(c)(19).)
A metal military practice hand grenade or metal replica hand grenade means a device that is readily
usable as a grenade or may be easily modified for ready use as a grenade, and does not include any
plastic toy hand grenade or any metal military practice hand grenade that is a relic, curio,
memorabilia, or display item that has been filled with a permanent inert substance or has otherwise
been permanently altered in a manner that prevents ready modification for use as a grenade.
(Penal Code §§ 12020(a), 12020(b)(15).)
A large capacity magazine means any ammunition feeding device with the capacity to accept more
than 10 rounds; but shall not be construed to include a feeding device that has been permanently
altered so that it cannot accommodate more than 10 rounds, a tubular magazine that is contained in
a lever- action firearm, or a .22 caliber tube ammunition feeding device. (Penal Code §
12020(c)(25).)
Exceptions
The general prohibition in this section does not apply to any instrument, ammunition, weapon,
or device other than a short- barreled rifle or short- barreled shotgun that is found and possessed by
a person who is not prohibited by law from possessing firearms or ammunition and who possessed
the instrument, ammunition, weapon, or device no longer than was necessary to transport it to a law
California Firearms Laws 2007 7
enforcement agency for disposition according to law.
In the case of a firearm, prior notice must be given to the law enforcement agency prior to
transporting it to that agency for disposition, and the firearm must be transported unloaded and in
a locked container, as defined by Penal Code section 12026.2(d). (Penal Code §§ 12020(b)(15) and
(16).)
The general prohibition in this section does not include antique firearms. An antique
firearn? is defined as any firearm that was manufactured in or before 1898 and is not designed
or redesigned to use rimfire or conventional center fire ignition with fixed ammunition. This
includes any matchlock, flintlock, percussion cap, or similar type of ignition system or replica
thereof, regardless of the date of manufacture. Firearms manufactured in or before 1898 that use
fixed ammunition which is no longer manufactured in the United States and is not readily available
in the ordinary channels of commercial trade are also considered antiques. (Penal Code §
12020(b)(5).)
This general prohibition also does not include any firearm or ammunition that is a curio or relic as
defined in section 478.11 of Title 27 of the Code of Federal Regulations and is in the possession of
a person permitted to possess such items pursuant to Chapter 44 (commencing with section 921) of
Title 18 of the United States Code and the regulations issued pursuant thereto. (Penal Code §
12020(b)(7).)
Machineguns
It is unlawful for any person to sell, offer for sale, possess, or knowingly transport any machinegun.
(Penal Code § 12220.)
The term machinegun means any weapon that shoots or is designed to shoot more than one shot
automatically (without manual reloading) by a single function of the trigger. The term also includes
any frame or receiver of a machinegun and any part or combination of parts designed and intended
for use in converting an otherwise legal weapon into a machinegun. The term also includes any
weapon deemed by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as readily
convertible to a machinegun under Chapter 53 (commencing with section 5 80 1) of Title 26 of the
United States Code. (Penal Code § 12200.)
These prohibitions do not apply to (a) persons having a permit or license issued by the California
Department of Justice to possess, transport, or sell machineguns (Penal Code §§ 12230, 12231,
12233, 12250); or (b) federal or state military or naval forces or law enforcement officers acting
within the scope of their duties. (Penal Code § 12201.)
Assault Weapons and .50 BMG Rifles
It is a felony for any person to manufacture, distribute, transport, import into California, or keep or
offer for sale, or give or lend, an assault weapon or .50 BMG rifle. (Penal Code § 12280.)
Any person who lawfully possesses an assault weapon or .50 BMG rifle must have registered it as
such with the Department of Justice. (Penal Code § 12285.)
California ,Firearms Laws 2007
The term assault weapon means the following designated semiautomatic firearms
as defined by Penal Code section 12276:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR -70.
(4) CETME Sporter.
(5) Colt AR -15 series.
(6) Daewoo K -1, K -2, Max 1, Max 2, AR 100, and AR110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK -91, HK -93, HK -94, and HK- PSG -1.
(10) The following MAC types:
(A) RPB Industries Inc, sM10 and sMl 1.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE -57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SARA 8.
(14) Sterling MK -6.
(15) Steyer AUG.
(16) Valmet M62S, M71 S; and M78S.
(17) Armalite AR -180.
(18) Bushmaster Assault Rifle.
(19) Calico M -900.
(20) J &R ENG M -68.
(2 1) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP -9 and MP -45.
(3) The following MAC types:
(A) RPB Industries Inc, sM10 and sM11.
(B) SWD Incorporated M -11.
(C) Advance Armament Inc, M -11.
(D) Military Armament Corp. Ingram —11.
(4) Intratec TEC -9.
(5) Sites Spectre.
(6) Sterling MK -7.
(7) Calico M -950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
California Firearms Laws 2007 9
(2) Striker 12.
(3) The Streetsweeper type S/S Inc, SS /12.
(d) Any firearm declared by the court pursuant to section 12276.5 to be an assault weapon
that is specified as an assault weapon in a list promulgated pursuant to
section 12276.5.
(e) The term "series" includes all other models that are only variations, with minor
differences, of those models listed in subdivision (a), regardless of the manufacturer.
(f) This section is declaratory of existing law, as amended, and a clarification of the law and
the Legislature's intent which bans the weapons enumerated in this section, the weapons
included in the list promulgated by the Attorney General pursuant to section 12276.5,
and any other models which are only variations of those weapons with minor differences,
regardless of the manufacturer. The Legislature has defined assault weapons as the types, series,
and models listed in this section because it was the most effective way to identify and restrict a
specific class of semiautomatic weapons.
The term "assault iveapon" also means any firearm that falls under one of the following definitions
pursuant to Penal Code section 12276.1:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable
magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to
accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and
any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip,
or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that
allows the bearer to fire the weapon without burning his or her hand, except a slide
that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the
pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more
than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon,
thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
California Firearms Laws 2007 10
(8) Any shotgun with a revolving cylinder.
The following definitions shall apply relative to defining assault weapons:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of
accommodating more than 10 rounds, but shall not be construed to include a feeding
device that has been pennanently altered so that it cannot accommodate more than 10
rounds.
(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.
The term "assault weapon" does not include any of the following:
(1) Any antique firearm.
(2) The following pistols sanctioned by the International Olympic Committee and by
USA Shooting, the national governing body for international shooting competition
in the United States, and that are used for Olympic target shooting purposes.
(Penal Code § 12276.1.):
MANUFACTURER ACTURER
MODEL CALIBER
BENELLI
MP90
.22LR
BENELLI
MP90
.32 S &W LONG
BENELLI
MP95
.22LR
BENELLI
MP95
.32 S &W LONG
HAMMERLI
280
.22LR
HAMMERLI
280
.32 S &W LONG
HAMMERLI
SP20
.22LR
HAMMERLI
SP20
.32 S &W LONG
PARDINI
GPO
.22 SHORT
PARDINI
GP- SCHUMANN
.22 SHORT
PARDINI
HP
.32 S &W LONG
PARDINI
MP
.32 S &W LONG
PARDINI
SP
.22LR
PARDINI
SPE
.22LR
WALTHER
GSP
.22LR
WALTHER
GSP
.32 S &W LONG
WALTHER
OSP
.22 SHORT
WALTHER
OSP -2000
.22 SHORT
(3) Any model of competitive pistol that would otherwise fall within the definition of "assault
weapon" but has otherwise been expressly identified as exempt by the Department of Justice.
The exempt competitive pistols may be based on recommendations by USA Shooting or may be
based on the recommendation or rules of any other organization that the Department of Justice
deems relevant. The current list of exempt pistols is available on the Bureau of Firearms website
at http: / /wAw.ag.ca.gov /firearms /forms /pdf /op.pdf.. (Penal Code § 12276. 1.)
The term "assault weapon" also means any firearm specified by the Department of Justice as an
AK or AR -15 series weapon pursuant to Penal Code section 12276(e) and the California Supreme
Court decision in Kasler v. Lockyer. As a result of this Penal Code section and court decision, all
AK and AR -15 series rifles are assault weapons regardless of their characteristics. The Department
of Justice maintains a roster of firearm makes and models which the Attorney General has identified
California Firearms Laws 2007 11
as AK and AR -15 series weapons. The most current list is available on the DOJ website at
http: / /caag.state.ca.us /firearms /awguide. At the time of this printing, this list includes
the following:
California Firearms .Laws 2007 12
AK Series Weapons
* AK 47
* 56
* ARM
* 56 S
MISR (all)
81 S (all)
American Arms
MISTR (all)
* 84 S
AK -C 47
Made in China
86 (all)
AK -F 39
* 56
* 86 S
AK -F 47
* 56S
AK -47 (all)
AK -Y 39
* 84S
Hunter Rifle
* 86S
MAK 90
Arsenal
* AK
NHM 90, 90 -2, 91 Sport
SLG (all)
* AK47
RPK Rifle
SLR (all)
* AKM
Ohio Ordnance Works (o.o.w.)
* AKS
AK -74
B -West
MARS
ROMAK 991
AK -47 (all)
Pistol
Poly Technologies
Mitchell Arms, Inc.
* AK47
AK -47 (all)
* AKS
Hesse Arms
AK47 Cal .308 (all)
Valmet
Model 47 (all)
M -76
76S
Wieger STG 940 Rifle
M -90
Hunter Rifle
RPK
WUM
Inter Ordnance - Monroe, NC
WUM (alt)
AK -47 (all)
M -97
RPK
Kalashnikov USA
Hunter Rifle / Saiga
MAADI CO Norinco
California Firearms Laws 2007 13
AR -1S Series Weapons
Ordnance, Inc.
Eagle Arms
AR -15
American Spirit
EA -15 A2 H -BAR
Palmetto
ASA Model
EA -15 El
SGA (all)
Armalite
M15 (all)
Professional Ordnance, Inc.
AR 10 (all)
Frankford Arsenal
Carbon 15 Pistol
Golden Eagle
AR -15 (all)
Carbon 15 Rifle
M15 (all)
Hesse Arms
PWA
Bushmaster
HAR ISA2 (all)
All Models
XM15 (all)
Knights
Rock River Arms, Inc.
Colt
RAS (all)
Car A2
* AR -15 (all)
SR -15 (all)
Car A4 Flattop
Law Enforcement (6920)
SR -25 (all)
LE Tactical Carbine
Match Target (all)
Les Baer
NM A2 - DCM Legal
Sporter (all)
Ultimate AR (all)
Standard A -2
Dalphon
Olympic Arms
Standard A -4 Flattop
B.F.D.
AR -15
Wilson Combat
DPMS
Car -97
AR -15
Panther (all)
PCR (all)
* Required to be registered on
or before March 31, 1992
California Firearms Laws 2007 14
As AK and AR -15 series weapons are identified, they will be added to the roster. Please note that
the list provided in this publication is not comprehensive and may have been updated since this
printing. Individuals have an obligation to inquire if they believe their firearm is an AK or AR -15
series assault weapon.
The term ".50 BMG rifle " means any center fire rifle that can fire a.50 BMG cartridge and that is
not already an assault weapon or machinegun. This definition excludes federally defined curios,
relics, and firearms manufactured prior to January 1, 1899. A ". 50 BMG cartridge " is defined as a
cartridge that is designed and intended to be fired from a centerfire rifle and that meets all of the
following criteria:
(1) It has an overall length of 5.54 inches from the base to the tip of the bullet.
(2) The bullet diameter for the cartridge is from .510 to, and including, .511 inch.
(3) The case base diameter for the cartridge is from .800 inch to, and including, .804
inch.
(4) The cartridge case length is 3.91 inches. (PC § 12278.)
Exceptions
• Penal Code section 12280(e) provides an exception for the sale to, purchase by, or
possession of assault weapons or .50 BMG rifles by specified law enforcement agencies
and military or naval forces for use in the discharge of their official duties. The law permits
possession and use of these weapons by sworn members of these agencies when on duty and
the use is within the scope of their duties.
• Penal Code section 12280(f) provides an exception for the delivery, transfer, or sale to, or
possession of an assault weapon or .50 BMG rifle by peace officer members of specified agencies
with the express authorization of their employing agencies. For this exception to apply, if the
firearm is an assault weapon, the peace officer must register the firearm as an assault weapon
with the Department of Justice within 90 days of the date of acquisition. If the firearm is a .50
BMG rifle and the officer took possession of the rifle after January 1, 2005, the officer shall
register the firearm as a.50 caliber BMG rifle not later than one year after possession or receipt.
• Penal Code section 12280(k) provides limited exceptions for registered assault weapons
and .50 BMG rifles while on a target range or while attending an exhibition, display,
or firearms educational project which is sponsored by law enforcement or a nationally
or state recognized entity that promotes firearm proficiency or education.
Penal Code section 12280(m) provides an exception for out -of -state residents who bring
assault weapons or .50 BMG rifles into the state if attending an organized match or competition
conducted on a target range, club, etc., for the purpose of shooting targets.
• Penal Code section 12285(c)(6) provides an exception for registered assault weapons or
.50 BMG rifles while on publicly owned land if the possession and use of an assault weapon is
specifically permitted by the managing agency of the land.
California Firearms Laws 2007 15
Possession, Transport, Sale, and Manufacture of Assault Weapons and .50 BMG
Rifles
A person may not possess or transport an assault weapon or .50 BMG rifle, as defined, unless the
weapon has been registered as an assault weapon or .50 BMG rifle with the Department of Justice,
or the person has obtained a permit for that weapon from the Department. (Penal Code § § 12276,
12280, 12285, 12286.)
A lawfully possessed assault weapon or .50 BMG rifle may be transported for any lawful purpose
if it is unloaded and either securely locked in the trunk of a vehicle or in a locked container carried
inside the vehicle other than the utility or glove compartment. (Penal Code §§ 12280(m),
12285(c)(7), 12026.1.)
A person in lawful possession of an assault weapon or .50 BMG rifle may sell it only to a properly
licensed firearms dealer who has been issued an assault weapon or .50 BMG rifle permit by the
Department of Justice or may elect to relinquish the weapon to a police or sheriffs department.
(Penal Code §§ 12285, 12288.)
The Department of Justice may issue permits for the manufacture of assault weapons or .50 BMG
rifles to federally licensed manufacturers of firearms for sale to law enforcement agencies, persons
having permits to acquire assault weapons or .50 BMG rifles, persons out of state who have federal
firearm dealer licenses entitling them to sell these weapons to federal law enforcement and military
agencies, and law enforcement or military agencies in other states and, for sale to foreign
governments and agencies approved by the U.S. State Department. (Penal Code § 12287.)
For the purpose of filing criminal charges against a defendant involving assault weapons or. 50
BMG rifles, distinct and separate offenses may be filed for each assault weapon or. 50 BMG rifle,
except in the case of a first violation involving not more than two firearms. (Penal Code § 12280.)
As of January 1, 2007, the legislature has repealed DOD's authority under Penal Code § 12276.1
to identify Colt AR -15 and AK -47 type "series" assault weapons by name, or to seek a judicial
declaration that a firearm. is identical to an assault weapon listed in Penal Code section 12276
The legislature has authorized the Attorney General, or any district attorney, or any city attorney
to bring an action in superior court, in lieu of'criminal prosecution, to enjoin the possession of the
assault weapon. or .50 BMG re, seek destruction of the weapon as a public nuisance, and to obtain
civil fines (Penal Code § 12282(b)).
As of January 1, 2007, California state lcn4, requires the destruction of any assault weapon. or .50
BMG r °fle declared by a court to be a public nuisance, or upon a conviction for "any misdemeanor
or felony involving the illegal possession or use of an assault weapon. " (Penal Code § 122882(c);
12282(d)).
As of January 1, 2007, the legislature has authorized law enforcement to obtain a court order to
preserve an assault weapon or .5 .0 BMG r fle for law enforcement purposes "in the interests of
justice" (Penal Code § 12282(c)).
California Firearms saws 2007 16
Armor- Piercing Bullets
It is unlawful for any person to manufacture, sell, or knowingly possess or transport handgun
ammunition designed primarily to penetrate metal or armor. (Penal Code §§ 12320, 12321.)
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. (Penal Code § 12323(a).)
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. (Penal Code § 12323(b).)
Body vest or shield means any bullet - resistant material intended to provide ballistic and trauma
protection for the wearer or holder. (Penal Code § 12323(c).)
Exceptions
The prohibition against possessing, manufacturing, etc., armor piercing ammunition does
not apply to the following (Penal Code § 12322):
• Specified members of the military while on duty and engaged within the scope of
their duties.
• Any police agency or forensic laboratory.
• Persons who hold valid permits issued pursuant to Penal Code section 12305.
• 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, 1202 1. 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.
Larger Caliber Weapons and Tracer Ammunition
It is unlawful to possess any of the following:
• Any projectile containing any explosive, incendiary material, or any other chemical
substance including, but not limited to, that commonly known as tracer or incendiary
ammunition, except tracer ammunition manufactured for use in shotguns.
• Any bomb, grenade, explosive missile, or similar device or any launching device
therefor.
• Any weapon of greater than .60- caliber that fires fixed ammunition, or any
ammunition therefor, other than a shotgun or shotgun ammunition.
• Any rocket, rocket- propelled projectile, or similar device of a diameter greater than
0.60 inch, or any launching device therefor, and any projectile or similar device
containing any explosive or incendiary material or any other chemical substance,
other than the propellant for such device, except for devices designed primarily for
emergency or distress signaling purposes. (Penal Code §§ 12301, 12303.)
California Firearms Laws 2007 17
These prohibitions do not apply to specified members of the military, peace officers listed in Penal
Code sections 830.1 or 830.2, any peace officer in the Department of Justice authorized by the
Attorney General, or firefighters while on duty and acting within the scope and course of their
employment, or to persons having a permit issued by the California Department of Justice. (Penal
Code §§ 12302, 12305.)
Firearm Silencers
A silencer is defined as a device designed, used, or intended for use in silencing, diminishing
or muffling the report of a firearm including any combination of parts designed or redesigned and
intended for use in fabricating or assembling a silencer, or any part intended only for use in
assembling or fabricating a silencer. (Penal Code § 12500.)
It is a felony for any person, firm, or corporation within this state to possess any silencer for
firearms. This prohibition does not apply to any peace officer listed in
Penal Code section 830.1, or to military or naval forces of this state or of the United States in the
official discharge of their duties, nor does it apply to the manufacture, possession, transportation or
sale to agencies listed in Penal Code section 830.1, or to military or naval forces of this state or of
the United States by dealers registered under Chapter 53, commencing with section 5801 of Title
26 of the United States Code. (Penal Code §§ 12520, 12501.)
Sniperscopes
A sniper°scope is defined as a device made or adapted for use on a firearm that enables the operator
to detect objects during nighttime through the use of a projected infrared light source and an
electronic telescope. (Penal Code § 468.)
Any person who buys, sells, receives, disposes of, conceals, or possesses a sniperscope is guilty of
a misdemeanor. This prohibition does not apply to authorized use or possession of sniperscopes by
members of the armed forces or peace officers, and does not prohibit use or possession solely for
scientific research or educational purposes. (Penal Code § 468.)
Boobytraps
Boobytraps are concealed or camouflaged devices designed to cause great bodily injury when
triggered by an unsuspecting person. They include guns, ammunition, or explosives attached to trip
wires, sharpened stakes, and lines or wires with hooks attached. It is unlawful to possess such
devices with the intent to use them as boobytraps and anyone who assembles, maintains, places, or
causes such devices to be placed is guilty of a felony. (Penal Code § 12355.)
Flamethrowing Devices
A flamethroiving device means any non- stationaiy and transportable device designed or intended
to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet.
Possession of a flamethrower is either a misdemeanor or a felony, depending on the circumstances
under which it is possessed. (Health and Safety Code § 1276 1)
California Firearms Laws 2007 18
2. PERSONS INELIGIBLE TO POSSESS FIREARMS AND AMMUNITION
Persons Convicted of Felonies or Other Specified Crimes
Any person who (a) has been convicted of a felony under the laws of the United States, the State of
California, or any other state, govermnent, or country, or (b) is addicted to any narcotic drug may
not own or have in his or her possession, custody, or control any firearm. (Penal Code § 12021(a).)
It is unlawful for any person who is prohibited from possessing firearms, to possess ammunition.
(Penal Code § 12316(b).)
Afelony conviction refers to a conviction of an offense that can only result in felony punishment
under California law, or any sentence to a federal correctional facility for more than 30 days, or a
fine of more than $1,000, or both. (Penal Code § 12021(f).)
Any person convicted of any of the following crimes specified in Penal Code sections 12001.6 and
12021.1, whether as a felony or misdemeanor, may not lawfully possess or have under his or her
custody or control any firearm:
• Murder or voluntary manslaughter.
• Mayhem.
• Rape.
• Sodomy or oral copulation by force, violence, duress, menace, or threat of great
bodily harm.
• Lewd acts on a child under the age of 14.
• Any felony punishable by death or imprisonment in the state prison for life.
• Any other felony in which the defendant inflicts great bodily injury on any person,
other than an accomplice, that has been charged and proven, or any felony in which
the defendant uses a firearm which has been charged and proven.
• Attempted murder.
• Assault with intent to commit rape or robbery.
• Assault with a deadly weapon or instrument on a peace officer.
• Assault by a life prisoner on a non - inmate.
• Assault with a deadly weapon by an inmate.
• Arson.
• Exploding a destructive device or any explosive with intent to injure or murder.
Exploding a destructive device or any explosive causing great bodily injury.
• Robbery.
• Kidnapping.
• Taking of a hostage by a state prison inmate.
• Attempting to commit a felony punishable by death or imprisonment in the state
prison for life.
• Any felony in which the defendant personally used a dangerous or deadly weapon.
• Escape from a state prison by use of force or violence.
• Assault with a deadly weapon or force likely to produce great bodily injury.
• Any attempt to commit any of the above crimes other than an assault.
• Assault upon a person with a firearm.
California Firearms Laws 2007 19
• Shooting at an inhabited dwelling house or occupied building.
DOTE: This offense is committed even though no person was actually inside the
specified structure at the time of the shooting.
• Drawing, exhibiting, or unlawfully using any handgun or firearm in a rude, angry, or threatening
manner in the presence of a peace officer regardless of whether the
firearm is loaded.
• Carjacking.
• Two or more convictions for drawing or exhibiting any firearm in a rude, angry, or
threatening manner in the presence of another regardless of whether the firearm is loaded.
Persons Convicted of Misdemeanor Violations of Specified Offenses
Any person convicted of a misdemeanor violation for one or more of the following offenses is
prohibited from owning, possessing or having under his or her custody or control any firearm within
10 years of the conviction (Penal Code § 12021(c)(1)):
• Threatening public officers and employees and school officials. (Penal Code § 71.)
• Threatening certain public officials, appointees, judges, staff or their immediate
families. (Penal Code § 76.)
• Possession of a deadly weapon with intent to commit an assault (Penal
Code § 12024.)
• Possession of a deadly weapon with the intent to intimidate a witness. (Penal Code
§ 13 6.5.)
• Unauthorized possession/transportation of a machinegun. (Penal Code § 12220.)
• Threatening witnesses, victims, or informants. (Penal Code § 140.)
• Obstructing or delaying an officer or emergency medical technician and removing or attempting
to remove a firearm from these individuals. (Penal Code § 148(d).)
• Unauthorized possession of a weapon in a courtroom, courthouse or court building,
or at a public meeting. (Penal Code § 171b.)
• Bringing into or possessing a loaded firearm within the state capitol, legislative
offices, etc. (Penal Code § 171c.)
• Taking into or possessing loaded firearms within the Governor's Mansion or
residence or other constitutional office, etc. (Penal Code § 171d.)
• Supplying firearms to any street gang member for use in street gang activity. (Penal
Code § 186.28.)
• Assault. (Penal Code §§ 240, 241.)
• Battery. (Penal Code §§ 242, 243.)
• Assault with a stun gun or taser weapon. (Penal Code § 244.5.)
• Assault with a deadly weapon or force likely to cause great bodily injury. (Penal
Code § 245.)
• Assault with a deadly weapon or instrument, by any means likely to produce great
bodily injury, or with a stun gun or taser, on a school employee engaged in the
performance of duties. (Penal Code § 245.5.)
• Discharging a firearm in a grossly negligent manner. (Penal Code § 246.3.)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or
dwelling house. (Penal Code § 247.)
• Drawing or exhibiting any deadly weapon, including a frearn, in a rude or
threatening manner. (Penal Code § 417.)
California Firearms Laws 2007 20
• Drawing or exhibiting a firearm or other deadly weapon with the intentional
infliction of serious bodily injury. (Penal Code § 417.6.)
• Bringing into or possessing firearms upon or within public or private schools,
playgrounds and youth centers. (Penal Code § 626.9.)
• Willful infliction of corporal injury of a spouse or cohabitant. (Penal Code § 273.5.)
• Willful violation of a court order to prevent domestic violence. (Penal Code
§ 273.6.)
• Stalking. (Penal Code § 646.9.)
• Carrying a loaded firearm with the intent to commit a felony. (Penal Code § 12023.)
• Driver or owner of any vehicle who knowingly pen-nits another person to discharge a firearm
from the vehicle or any person who willfully and maliciously discharges a firearm from a motor
vehicle. (Penal Code §§ 12034(b) and (d).)
• Criminal possession of a firearm. (Penal Code § 12040.)
• Selling a concealable firearm to a minor. (Penal Code § 12072(b).)
• Possessing handgun ammunition designed to penetrate metal or armor. (Penal Code § 12320.)
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace
officer uniform while picketing, carrying a concealed loaded weapon, or wearing a peace officer
uniform. (Penal Code § 12590.)
• Possession of a firearm by a person ineligible to possess firearms because of his or
her mental history. (Welfare and Institutions Code § 8100).
• Providing a firearm or deadly weapon to a person who is prohibited from possessing firearms
because of his or her mental history. (Welfare and Institutions Code § 8101).
• Possession of a firearm by a person ineligible to possess firearms because of specific mental
prohibitions. (Welfare and Institutions Code § 8103).
• Bringing or sending firearms or other contraband into a juvenile detention facility.
(Welfare and Institutions Code § 871.5)
• Bringing or sending firearms or other contraband into youth authority institutions.
(Welfare and Institutions Code § 100 1.5.)
• Violating Penal Code section 12072 involving sales and transfers of firearms,
including:
- selling or furnishing a firearm to any person whom the individual has reason to
believe is within a prohibited class;
- selling or furnishing a handgun to a minor;
- selling or furnishing a firearm to any person whom the seller knows, or has cause
to believe, is not intended to be the actual purchaser or transferee;
- acquiring a firearm for the purpose of providing it to a prohibited individual;
- selling or transferring a firearm without having the transaction processed through a licensed
dealer or law enforcement agency;
- committing any act of collusion relating to a Handgun Safety Certificate.
• Intimidating a witness or victim. (Penal Code § 136. 1.)
• Threatening to cause death or great bodily injury to another person. (Penal
Code § 422)
Persons Prohibited From Possession, Purchase of Firearms As a Condition of
Probation
California Firearms Laws 2007 21
Any person convicted of any crime for which the express condition of probation prohibits or
restricts the possession of firearms may not lawfully own, possess, control, receive or purchase a
firearm for the duration of the probation. (Penal Code § 12021(d).)
Persons Subject to a Protective Order
Persons who are subject to a protective order issued by a court pursuant to section 6218 of the
Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of the Penal Code, or
by a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, may
not own, possess, purchase, or receive a firearm for the duration of the order. (Penal Code §
12021(g).) This includes any of the following restraining orders, whether issued ex parte, after
notice and hearing, or in a judgment:
• A court- issued order enjoining a party from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning, destroying personal
property, contacting, either directly or indirectly, by mail or otherwise, coming within
a specified distance of, or disturbing the peace of the other party. (Family Code § 6320.)
• A court- issued order to exclude a party from the family dwelling, the dwelling of the other parry,
the common dwelling of both parties, or the dwelling of the person who has care, custody, and
control of a child to be protected from domestic violence. (Family Code § 6321.)
• A court- issued order enjoining a party from other specified behaviors as determined
by that court. (Family Code § 6322.)
• A count- issued order enjoining a party from abusing, intimidating, molesting, attacking,
striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning,
destroying personal property, contacting, or coining within a specified distance of, and
elder or dependent adult. (Welfare and Institutions Code § 15657.03.)
The court, upon issuance of a protective order shall additionally require the respondent to sell any
firearms in that person's control to a licensed firearms dealer or relinquish theirs for the duration of
the protective order. (Family Code § 6389(c).)
As of January 1, 2007, any person subject to a protective order which includes the relinquishment
of firearms must immediately surrender his or her fireann(s) in a safe manner, upon the request of
any law enforcement officer, or within 24 hours when no request for relinquishment is made by a
law enforcement officer (FC § 6389).
Any person subject to a protective order must file a receipt with the court acknowledging the
surrender of his or her firearms within 48 hours after being served with the order. Failure to file a
receipt with the court in a timely manner constitutes a violation of the protective order (FC § 63 89).
Persons Subject to a Temporary Restraining Order
Persons who are subject to a temporary restraining order issued pursuant to section 527.6 or 527.8
of the Civil Code for harassing behavior may not own, possess, purchase or receive a firearm for the
duration of the order. (Penal Code § 12021(g).)
As of January 1, 2007, any person subject to a tenporary restraining order is
required to surrender his or her fr.rearni(s) within. 24 hours of being served with the order or
injunction, without regard to whether the person appeared in court at the tinr.e the order was
California Firearms Laws 2007 22
issued (Civil Code § 527.9).
Any person subject to a temporary restraining order must present a receipt to the court
acknowledging the surrender of his or her firearms within 48 hours after receipt of the temporary
restraining order or injunction (Civil Code § 527.9).
California Firearms Laws 2007 23
Persons Subject to Juvenile Court Law
Any person subject to juvenile court law and adjudged a ward of the juvenile court within the
meaning of Section 602 of the Welfare and Institutions Code for any of the following offenses, shall
not own, possess, or have under his or her custody or control any firearm until reaching 30 years of
age (Penal Code § 12021(e)):
• Murder.
• Arson that causes great bodily injury or arson of an inhabited structure or property.
(Penal Code § § 451(a) and (b).)
• Robbery while armed with a dangerous or deadly weapon.
• Rape with force or violence or threat of great bodily harm.
• Sodomy by force, violence, duress, menace, or threat of great bodily harm.
• Lewd or lascivious act on a child under the age of 14. (Penal Code § 288(b).)
• Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
• Sexual assault with a foreign object. (Penal Code § 289.)
• Kidnapping for ransom.
• Kidnapping for purpose of robbery, rape, spousal rape, etc. (Penal Code
§ 209(b)(1).)
• Kidnapping with bodily harm.
• Assault with intent to murder or attempted murder.
• Assault with a firearm or destructive device.
• Assault by any means of force likely to produce great bodily injury.
• Discharge of a firearm into an inhabited or occupied building.
• Specified crimes against persons 60 years of age or older, blind persons, paraplegics, or
quadriplegics as described in Penal Code section 1203.09.
• Use of a firearm in the commission or attempted commission of a felony; discharge
of a firearm at an occupied motor vehicle causing great bodily injury or death; use of a firearin
to commit the controlled substances violations described in Penal Code
sections 12022.5 or 12022.53.
• Any felony offense in which the minor personally used a weapon described in Penal
Code section 12020(a).
• Felony intimidation of a witness and victim as described in Penal Code section 136.1 or
influencing the testimony or information given to a law enforcement official as described in Penal
Code section 137.
• Manufacturing, compounding, or selling one -half ounce or more of any salt or
solution of a controlled substance specified in Health and Safety Code section
11055(e).
• Possessing for sale, or selling a substance containing 28.5 grams or more of cocaine
as specified in Penal Code section 1203.073.
• Any of the specified violent felonies listed in Penal Code section 667.5(c) committed for the
benefit, direction, or association with any criminal street gang as described in Penal Code section
186.22(b).
• Intentionally inflicting great bodily injury OD an employee of a juvenile facility
during an escape by the use of force or violence in violation of Welfare and
Institutions Code section 871(b).
• Torture as described in Penal Code sections 206 and 206.1.
• Aggravated. mayhem as described in Penal Code section 205.
California Firearms Laws 2007 24
• Carjacking as described in Penal Code section 215 while armed with a dangerous or deadly
weapon.
• Kidnapping as punishable in Penal Code section 209.5.
• Willfully and maliciously discharging a firearm from a motor vehicle at another
person other than an occupant of a motor vehicle.
• Exploding, igniting, or attempting to explode or ignite any destructive device or
explosive with intent to commit murder.
• Any of the offenses listed in Penal Code section 12021(c)(1).
• Carrying a concealed handgun. (Penal Code § 12025).
• Carrying a loaded handgun. (Penal Code § 12031).
• Allowing another to transport a loaded handgun in a vehicle. (Penal Code § 12034).
Mental Patients, Mentally Disordered Sex Offenders, Persons Adjudicated a Danger to Others,
Persons Incompetent to Stand Trial, Gravely Disabled Conservatees, and Persons Taken Into
Custody as a Danger to Self or Others Because of a Mental Disorder
No person who is receiving inpatient treatment because he or she is a danger to self or others may
have in his or her possession or under his or her custody, or control, nor may he or she purchase or
receive, or attempt to purchase or receive, any firearm. This applies even though the person has
consented to the treatment. (Welfare and Institutions Code § 8100.)
No person who communicates to a licensed psychotherapist a serious threat of physical violence
against a victim may purchase, possess, control, or have custody of any firearms for a period of six
months after the threat is reported to a local law enforcement agency.
Attempts to purchase, possess, or control firearms are also prohibited. Persons prohibited under this
section may petition a court for restoration of firearms privileges. (Welfare and Institutions Code
§ 8100(b).)
No person adjudicated by a court of any state to be (a) a danger to others as a result of mental
disorder or mental illness, or (b) a mentally disordered sex offender shall have in his or her
possession, custody, or control any firearm. (Welfare and Institutions Code § 8103(a).)
No person found not guilty by reason of insanity of specified crimes in any state may have in his or
her possession, custody, or control any firearm. (Welfare and Institutions Code § 8103(b).)
No person found by a court to be mentally incompetent to stand trial on a criminal charge shall have
in his or her possession, custody, or control any firearm. (Welfare and Institutions Code § 8103(d).)
No person placed under conservatorship by a court, because the person is gravely disabled, shall
have in his or her possession, custody, or control any firearm, where prohibited by the court.
(Welfare and Institutions Code § 8103(e).)
No person taken into custody, assessed, and admitted to a designated facility pursuant to Welfare
and Institutions Code section 5150 because that person is a danger to himself, herself, or others shall
own, possess, control, receive, or purchase any firearm for a period of five years after the person is
released from the facility. (Welfare and Institutions Code § 8103(f.)
California Firearms Laws 2007 25
Under California law, no person who has been certified for intensive treatment pursuant to Welfare
and Institutions Code sections 5250, 5260 or 5270.15 may own, possess, control, receive, or
purchase any firearm for a period of five years after the person is released from the facility.
However, such a person is considered to have been adjudicated as a mental defective under federal
law and therefore may not possess firearms even beyond the five years provided under California
law. (Welfare and Institutions Code § 8103(g)), 18 USC 922(g)(4).)
NOTE: Any person who knowingly supplies, sells, gives, or otherwise allows such an individual
to possess or control any firearm or deadly weapon is guilty of a felony or an alternate
felony /misdemeanor, respectively. (Welfare and Institutions Code § 8101.)
Justifiable Possession of a Firearm by Certain Prohibited Classes
Any person found to have committed an offense enumerated in Penal Code section 12021,
subdivisions (a) through (e), is prohibited from owning, possessing, or having under his or her
custody or control, any firearm. A violation of subdivision (a), (b), (c), (d), or (e) is justifiable where
all of the following conditions are met:
• The person found the firearm or took the firearm from the person who was committing
the crime against him or her.
• The person possessed the firearm no longer than was necessary to deliver or transport
the firearm to a law enforcement agency for that agency's disposition according to law.
• If the firearm was transported to a law enforcement agency, it was transported in
accordance with paragraph (18) of subdivision (a) of section 12026.2.
• If the firearm is being transported to a law enforcement agency, the person transporting
the firearm has given prior notice to the law enforcement agency that he or she is transporting
the firearm to the law enforcement agency for disposition according to law.
Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall determine
whether the defendant was acting within the provisions of the exemption created by this subdivision.
The defendant has the burden of proving by a preponderance of the evidence that he or she comes
within the provisions of the exemption created by this subdivision. (Penal Code § 12021(h))
Personal Firearms Eligibility Check
Any person may request directly from the Department of Justice a determination as to whether he
or she is eligible to possess firearms. The application form and instructions to request a personal
firearms eligibility check is on the DOJ Bureau of Firearms website at
http: / /v;, ",vN,.ag.ca.gov /fireai-ms /forms /. The cost for such an eligibility check is $20. (PC § 12077.5.)
NOTE: As of January 1, 2007, any person ivho is prohibited from. obtaining a firearn? who
knowingly furnishes a fictitious na»?.e or address, knowingly furnishes any incorrect information,
or knowingly omits any information required on the Dealer's Record of Sale (DROS) is guilty of a
crime punishable by imprisonment in a county jail not exceeding one year, or imprisonment in state
prison for 8, 12, or 18 months (Penal Code § 12076).
3. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPER. jL
California Firearms Laws 2007 26
The question of whether use of a firearm is justified for self- defense cannot be reduced to a simple
list of factors. This section is based on the instructions generally given to the jury in a criminal case
where self - defense is claimed and illustrates the general rules regarding use of firearms in self -
defense.
Use of a Firearm or Other Deadly Force in Defense of Life and Body
The killing of one person by another may be justifiable when necessary to resist the attempt
to commit a forcible and life- threatening crime, provided that a reasonable person in the same or
similar situation would believe that (a) the person killed intended to commit a forcible and life -
threatening crime; (b) there was imminent danger of such crime being accomplished; and (c) the
person acted under the belief that such force was necessary to save himself or herself or another
from death or a forcible and life - threatening crime. Murder, mayhem, rape, and robbery are
examples of forcible and life- threatening crimes.
Self - Defense Against Assault
It is lawful for a person being assaulted to defend himself or herself from attack if he or she has
reasonable grounds for believing, and does in fact believe, that he or she will suffer bodily injury.
In doing so, he or she may use such force, up to deadly force, as a reasonable person in the same or
similar circumstances would believe necessary to prevent great bodily injury or death. An assault
with fists does not justify use of a deadly weapon in self - defense unless the person being assaulted
believes, and a reasonable person in the same or similar circumstances would also believe, that the
assault is likely to inflict great bodily injury.
It is lawful for a person who has grounds for believing, and does in fact believe, that great bodily
injury is about to be inflicted upon another to protect the victim from attack. In so doing, the person
may use such force as reasonably necessary to prevent the injury. Deadly force is only considered
reasonable to prevent great bodily injury or death.
NOTE: The use of excessive force to counter an assault may result in civil or criminal penalties.
Protecting One's Home
A person may defend his or her home against anyone who attempts to enter in a violent manner
intending violence to any person in the home. The amount of force that may be used in resisting such
entry is limited' to that which would appear necessary to a reasonable person in the same or similar
circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might
safely be made. One may resist force with force, increasing it in proportion to the intruder's
persistence and violence, if the circumstances apparent to the occupant would cause a reasonable
person in the same or similar situation to fear for his or her safety.
The occupant may use a firearm when resisting the intruder's attempt to commit a forcible and life -
threatening crime against anyone in the home provided that a reasonable person in the same or
similar situation would believe that (a) the intruder intends to commit a forcible and life - threatening
crime; (b) there is imminent danger of such crime being accomplished; and (c) the occupant acts
under the belief that use of a firearm is necessary to save himself or herself or another from death
or great bodily injury. Murder, mayhem, rape, and robbery are examples of forcible and life-
California Firearms Laws 2007 27
threatening crimes.
Any person using force intended or likely to cause death or great bodily injury within his or her
residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily
injury to self, family, or a member of the household when that force is used against another person,
not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or had reason to believe that an
unlawful and forcible entry had occurred. Great bodily injury means a significant or substantial
physical injury. (Penal Code § 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally
liable for an unlawful assault or homicide.
Defense of Property
The lawful occupant of real property has the right to request a trespasser to leave the premises.
If the trespasser does not do so within a reasonable time, the occupant may use force to eject the
trespasser.
The amount of force that may be used to eject a trespasser is limited to that which a
reasonable person would believe to be necessary under the same or similar circumstances.
Limitations on the Use of Force in Self - Defense
The right of self - defense ceases when there is no further danger from an assailant. Thus, where a
person attacked under circumstances initially justifying self - defense renders the attacker incapable
of inflicting further injuries, the law of self - defense ceases and no further force may be used.
The right of self - defense is not initially available to a person who assaults another. However, if
such person attempts to stop further combat and clearly informs the adversary of his or her desire
for peace but the opponent nevertheless continues the fight, the right of self - defense returns and is
the same as the right of any other person being assaulted.
4. POSSESSION ANN) TRANSPORTATION OF CONCEALED WEAPONS
Carrying a Concealed handgun Without a License on One's Person or Concealed in a Vehicle
Pursuant to Penal Code section 12025, a person is guilty of carrying a concealed firearm when he
or she does any of the following:
Carries concealed within any vehicle which is under his or her control, any pistol,
revolver, or other firearm capable of being concealed upon the person.
Carries concealed upon his or her person any pistol, revolver, or other firearm
capable of being concealed upon the person.
Causes to be carried concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being concealed upon the person.
MOTE: A firearm carried openly in a belt holster is not considered "concealed" as it
California Firearms Laws 2007 28
applies to the above prohibition. (Penal Code § 12025(f).)
Section 12025 does not apply to or affect any of the following:
Any citizen of the United States or legal resident over the age of 18 years who resides or is
temporarily within this state, and who is not prohibited from owning or possessing firearms
pursuant to Penal Code sections 12021 or 12021.1 or section 8100 or 8101 of the Welfare and
Institutions Code, may carry, either openly or concealed, anywhere within his or her place of
business, or on private properly owned or lawfully possessed by him or her any pistol, revolver,
or other firearm capable of being concealed upon the person. A permit or license to purchase,
own, possess, keep, or carry is not required under these circumstances. (Penal Code § 12026.)
The transportation or carrying of any pistol, revolver, or other firearm capable of being
concealed upon the person by any citizen of the United States over the age of 18 years
who resides or is temporarily within this state, and is not within the excepted classes
prescribed by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code sections
8100 or 8103, provided that the following applies:
the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container
in the vehicle other than the utility or glove compartment, and;
when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the
firearm must be contained in a locked container while being physically carried. (Penal Code §
12026.1.)
Penal Code Section 12025 does not apply to or affect the lawful transportation or possession of a
firearm under specific circumstances, including, but not limited to, the following:
• The transportation of a firearm by a person who finds the firearm in order to comply
with Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the
Civil Code as it pertains to that firearm and if that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law enforcement agency that he or
she is transporting the firearm to the law enforcement agency. (Penal Code § 12026.2(a)(17).)
• The transportation of a firearm by a person who finds the firearm, and is transporting it to a law
enforcement agency for disposition according to law, if he or she gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the law enforcement agency for
disposition according to law. Firearms must be transported unloaded and in a locked container
and the course of travel shall include only those deviations between authorized locations, as
necessary. (Penal Code §§ 12026.2(a)(17), (18) and (b).)
• The carrying of a pistol, revolver, or other firearm capable of being concealed upon the
person by a person who is authorized to carry that weapon in a concealed
manner pursuant to Article 3 (commencing with section 12050) of the Penal Code.
• Members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private, while
the members are using concealable firearms upon the target ranges.
• Authorized peace officers, retired peace officers, and retired federal officers or agents,
as defined in Penal Code sections 83 0.1, 83 0.2, 83 0.5, 12027(a) and 12031(b).
• Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.
• The possession or transportation of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person as merchandise by a person who is
licensed in the business of manufacturing, repairing, or dealing in firearms.
California Firearms Laws 2007 29
The carrying of unloaded pistols, revolvers, or other firearms capable of being concealed
upon the person by duly authorized military or civil organizations while parading, or the
members thereof when going to and from the places of meeting of their respective
organizations.
Guards or messengers of common carriers, banks, and other financial institutions
while actually employed in and about the shipment, transportation, or delivery of
any money, treasure, bullion, bonds, or other thing of value within this state.
Transportation of unloaded firearms by a person operating a licensed common carrier
or an authorized agent or employee thereof when transported in conformance with applicable
federal law.
Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not carry or
transport a loaded firearm. The firearm should be unloaded and placed in the trunk of the vehicle,
or if the vehicle has no trunk, placed in a fully enclosed secure locked container other than the utility
or glove compartment of a motor vehicle (Penal Code §§ 12026.1, 12027.)
Licenses to Carry Concealed Weapons
A license to carry a pistol, revolver, or other firearm capable of being concealed upon the person
may be granted to qualified residents of a county by the sheriff or to qualified residents of a city by
the chief or other head of the municipal police department of that city. Such licenses are issued only
after a finding that the applicant is of good moral character, that good cause exists for such a license,
and the applicant is not prohibited from possessing firearms. Unless otherwise restricted, such a
license is valid throughout the state. Such a license may be valid for any amount of time not to
exceed two years from the date of issuance, unless issued to a judge or magistrate (valid for up to
three years) or specified custodial employees or reserve peace officers (valid for up to four years).
(Penal Code § 12050.)
A license to carry a pistol, revolver, or other firearm capable of being concealed upon the person
may be granted by the sheriff of a county to an applicant who spends a substantial amount of time
employed within that county. Such a license is valid only in the county issued and is valid for any
period of time not to exceed 90 days from the date of issuance. (Penal Code § 12050.)
Where the population of the county is less than 200,000 persons, the licensing authority may issue
a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person,
loaded and exposed. (Penal Code § 12050.)
If a California licensee has a need to travel armed in another state, he or she should contact
authorities in the other state prior to leaving to determine if the license will be honored.
5. LOADED ITMEARMS
California Firearms Laws 2007 30
Loaded Firearms in a Public Place
It is unlawful to carry a loaded firearm on one's person or in a vehicle while in any public place, on
any public street, or in any place where it is unlawful to discharge a firearm.(Penal Code §
12031(a)(1).)
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to,
the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to
the firearm. A muzzle - loading firearm is deemed loaded when it is capped or primed and has a
powder charge and ball or shot in the barrel or cylinder. (Penal Code § 12031(g).)
For the purposes of Penal Code section 12023 (commission or attempted commission of a felony
while armed with a loaded firearm), a firearm is deemed loaded when both the firearm and the
unexpended ammunition capable of being discharged from the firearm are in the immediate
possession of the same person.
It is unlawful for the driver of any motor vehicle, or the owner of any motor vehicle
irrespective of whether the owner is occupying the vehicle, to knowingly permit any person
to carry a loaded firearm in the vehicle in violation of Penal Code section 12031, or Fish and Game
Code section 2006. (Penal Code § 12034.) Also, see "Other Prohibited Acts," page 49.
In order to determine whether a firearm is loaded, peace officers are authorized to examine any
firearm carried by anyone on his or her person or in a vehicle while in any public place, on any
public street, or in any prohibited area of an unincorporated territory. Refusal to allow a peace
officer to inspect a firearm pursuant to these provisions is, in itself, grounds for arrest. (Penal Code
§ 12031(e).)
Exceptions
The prohibition against possessing loaded firearms in a public place does not apply to:
• Any person hunting in an area where firearm possession and hunting is otherwise
lawful. (Penal Code § 12031(i).)
• Any person who carries a loaded firearm while engaged in the act of making or attempting
to make a lawful arrest, provided such possession is otherwise lawful.
(Penal Code § 12031(k).)
• Any person carrying a loaded firearm, if otherwise lawful, when he or she reasonably believes
his or her person or property is in immediate, grave danger and that the carrying of the loaded
firearm is necessary for preservation of the person or property during the time interval
following notification of the local law enforcement agency when reasonably possible,
and prior to the arrival of its assistance. (Penal Code § 12031)0)(1).)
• Any of the following persons, provided they meet all criteria for such exemption,
such as possession of special occupational licenses or completion of the required
firearms training provided for in Penal Code sections 12031(b), (c), and (d):
- Active or honorably retired peace officers.
- Members of the military forces of this state or the United States engaged in the
performance of their duties.
- Target shooters at target ranges and shooting club members while hunting on the
club premises, provided possession and use of the firearm is otherwise lawful.
California Firearms Laws 2007 31
- Holders of licenses to carry concealed handguns.
- Armored vehicle guards.
- Animal control officers or zookeepers.
- Guards or messengers of common carriers, banks, and other financial institutions.
- Guards of contract carriers operating armored vehicles.
- Private investigators, private patrol operators, and alarrn company operators.
- Uniformed security guards or night watchpersons employed by any public agency.
- Uniformed security guards and uniformed alarm agents of an alarm company
operator.
- Uniformed employees of private patrol operators.
NOTE: Peace officers and honorably retired peace officers having properly endorsed
identification certificates may carry a concealed weapon at any time. Otherwise, these exemptions
apply only when the firearm is carried within the scope of the exempted conduct, such as hunting
or target shooting, or within the course and scope of assigned duties, such as an armored vehicle
guard transporting money for his employer. A person who carries a loaded firearm outside the limits
of the applicable exemption is in violation of the law, notwithstanding his or her possession of an
occupational license or firearms training certificate. (Penal Code § 12031(b).)
Firearms in the Home or Business
Any person over the age of 18 who is not prohibited from possessing firearms, and if otherwise
lawful, may keep and carry a firearm or have a firearm "loaded at his or her place of residence,
temporary residence, campsite, or on private property owned or lawfully possessed by the person.
(Penal Code §§ 12026, 12031(h) and (1).) Any person engaged in any lawful business (including
nonprofit organizations) or any officer, employee, or agent authorized for lawful purposes connected
with the business may possess a loaded firearm within the place of business if that person is
over 18 years of age and not otherwise prohibited from possessing firearms. (Penal Code §§ 12026,
12031(h).)
NOTE: A person's place of business, residence, temporary residence, campsite, or private property
may be located in areas where possession of handguns or other firearms, whether loaded or
unloaded, is otherwise prohibited. Such areas include, but are not limited to, state, federal, or private
game reserves or refuges, federal and state parks, and other public lands. Questions regarding the
applicability of such laws should be directed to your sheriff or chief of police, federal or state fish
and game officers, or federal or state park rangers.
Carrying Unregistered Loaded Handguns
Any person who commits the crime of carrying a concealed handgun and ammunition for that
handgun on his /her person or in his /her vehicle may be subject to a felony enhancement if the
handgun is not on file (registered) in the Department of Justice's Automated Firearms System.
(Penal Code § 12025.)
Any person who commits the crime of carrying a loaded (not necessarily concealed)
handgun on his /her person in a prohibited place may be guilty of a felony if the handgun is not on
file (registered) in the Department of Justice's Automated Firearms System. (Penal Code § 12031.)
California Firearms Laws 2007 32
NOTE: Handgun dealer record of sale transactions occurring before 1980 generally are not
registered in the Department's Automated Firearms System. However, these records are on file with
the Department of Justice. Upon individual request, the Attorney General shall place records of pre -
1980 transfers of handguns into the Automated Firearms System. (Penal Code § 11106.)
6. FIREARMS AND PICKETING ACTIVITY
It is unlawful for any person to carry a loaded firearm upon his or her person or within any vehicle
under his or her control or direction while engaged in picketing activity. (Penal Code § 12590(a)(2).)
Picketing activity means any informational activities conducted in a public place relating to a
concerted refusal to work.
General Exceptions Are Not Applicable
The exceptions regarding loaded firearms provided for peace officers, bank guards, armored
vehicle guards, licensed hunters or fishermen, private investigators, and other persons in Section 5.
Loaded Firearms of this publication, do not apply if such individuals are engaged in picketing
activities as described above. (Penal Code § 12590(c).)
7.FLAREGUNS
A flaregun is any loaded or unloaded rocket, rocket propelled projectile launcher, or similar device
designed primarily for emergency or distress - signaling purposes. (Penal Code § 12031.1.) Because
a flaregun is not designed to be used as a weapon, generally it is not considered a firearm as defined
in Penal Code sections 12001(a) and (b). However, the following prohibitions also apply to
flareguns:
• prohibitions against carrying concealed firearms (Penal Code § 12025.); and
• prohibitions against carrying loaded firearms in public. (Penal Code § 12031.)
NOTE: Pursuant to Penal Code section 12031.1, a person may lawfully store a loaded or unloaded
flaregun aboard a vessel or aircraft. A person may also possess a loaded or unloaded flaregun while
in or traveling to and from a permitted hunting area, if the individual is carrying a valid California
hunting permit or license.
8. SALES, LOANS, AND OTHER TRANSFERS OF FIREARMS
Handgun Purchases Limited to One Per 30 -Days
It is unlawful for a person to apply to purchase more than one handgun within any 30 -day period.
(Penal Code § 12072(a).)
Exceptions
The one - handgun - per -30 -day limit does not apply to:
California Firearms Laws 2007 33
• Any law enforcement agency or agency duly authorized to perform law
enforcement duties.
• Any state or local correctional facility.
• Any private security company licensed to do business in California.
• Any person who is properly identified as a full -time paid peace officer who carries a firearm
during the course and scope of his or her employment as a peace officer.
• Any motion picture, television, or video production company or entertainment or
theatrical company whose production by its nature involves the use of firearms.
• Any person who may, pursuant to Penal Code section 12078, claim an exemption
from the waiting period set forth in Penal Code section 12072.
• Any transaction between private parties conducted through a licensed firearms
dealer.
• Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto and who has a current certificate of eligibility issued by the
Department of Justice.
• The exchange of a handgun where the dealer purchased that handgun from the
person seeking the exchange within the 30 -day period immediately preceding the
date of exchange or replacement.
• The replacement of a handgun that has been reported to law enforcement as lost or
stolen prior to the time of application to purchase.
• The return of any pistol, revolver, or other firearm capable of being concealed upon
the person to its owner.
Handgun Safety, Functionality, and Testing Requirements
No handgun may be manufactured or sold to the public in California unless it is of a make and
model that has passed required safety and functionality tests and is approved for publication in the
Department of Justice's official list of handguns certified as safe for sale in California. Any person
who manufactures, imports into the state for sale, sells, gives, or lends an unsafe handgun is guilty
of a misdemeanor. (Penal Code § 12125.)
The current list of handguns certified as safe for sale in California is available on the
Bureau of Firearms website at http: / /www.ag.ca.gov /firearms /eertlist.htm.
Exceptions
The prohibition against manufacturing, importing, selling, or giving an unsafe handgun does not
apply to the following:
The manufacture in this state, or importation into this state, of any prototype handgun
when the manufacture or importation is for the sole purpose of allowing an independent
laboratory certified by the Department of Justice to conduct an independent test to determine
whether that handgun qualifies to be added to the roster of handguns that may be sold in this
state. (Penal Code § 12125.)
The importation or lending of a handgun by employees or authorized agents of an
independent testing laboratory for purposes of determining whether the weapon meets
Department of Justice criteria to be added to the roster of handguns that may be sold in
this state. (Penal Code § 12125.)
California Firearms Laws 2007 34
• Firearms listed as curios or relics, as defined in Section 178.11 of Title 27 of the Code of
Federal Regulations. (Penal Code § 12125.)
The requirements for handguns to pass safety and functionality tests and to be listed in the
Department of Justice's official list of handguns certified as safe for sale in California do not apply
to transactions involving the following:
• Private party transfers of handguns occurring through a firearms dealer. (Penal Code § 12132(a).)
• Firearm transfers that, subject to any specified exemption, are not required to be conducted
by firearms dealers. (Penal Code § 12132(b).)
• Sales, loans, or transfers of firearms listed as curios or relics, as defined in Section
178.11 of Title 27 of the Code of Federal Regulations. (Penal Code §§ 12132(c)
and (g).)
• The delivery of a handgun to a licensed firearms dealer for the purposes of servicing or
repairing that firearm and the subsequent return of the handgun by the licensed firearms
dealer to its owner. (Penal Code § 12132(d) and (e).)
• The return of a handgun by a licensed firearms dealer to its owner where that firearm
was initially delivered to that firearms dealer for the purpose of a consignment sale or
as collateral for a pawnbroker loan. (Penal Code § 12132(f).)
• Single - action revolvers with at least a five- cartridge capacity, a barrel length of not less than three
inches, and either:
(a) were originally manufactured prior to 1900 and are curios or relics, as defined in Section 178.11
of Title 27 of the Code of Federal Regulations; or
(b) have an overall length measured parallel to the barrel of at least seven and one -half
inches when the handle, frame or receiver, and barrel are assembled. (Penal Code § 12133.)
• Single -shot pistols with a barrel length of not less than six inches and that have an
overall length of at least 10 1/z inches when the handle, frame or receiver, and barrel
are assembled. (Penal Code § 12133.)
NOTE. The exemption for single -shot pistols from handgun safety testing only applies to the sales
of complete firearms that meet the barrel length /overall length criteria outlined above. The sale
offrames or stripped receivers by themselves is not affected by the exemption. Therefore, dealers
may not sell any single -shot pistols that do not meet the aforementioned criteria. Additionally,
firearms dealers should be cautious regarding the sale of "after market" barrel conversion kits
available for some of the more popular single -shot pistols. The sale of an interchangeable barrel
of less than 16 inches to a purchaser of such a firearm could expose the firearms dealer to criminal
liability for aiding and abetting the manufacture of a short - barrel rifle.
• The following pistols sanctioned by the International Olympic Committee and by
USA Shooting, the national governing body for international shooting competition
in the United States, and that are used for Olympic target shooting purposes (Penal
Code § 12133.):
MANUFACTURER MODEL
ANSCHUTZ FP
BENELLI MP90
BENELLI MP90
CALIBER
.22LR
.22LR
.32 S &W LONG
California Firearms Laws 2007 35
BENELLI
BENELLI
DRULOV
GREEN
HAMMERLI
I ANIMERLI
HA_MNIERLI
HAMMERLI
IIA IMERLI
HAMMERLI
HA.M3v1ERLI
HAMMERLI
HAM ERLI
I AMMERLI
MORINI
MORINI
MORINI
MORINI
PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
SAKO
STEYR
VOSTOK
VOSTOK
VOSTOK
WALTHER
WALTHER
WALTHER
WALTHER
WALTHER
MP95
W95
FP
ELECTROARM
100
101
102
162
280
280
FP10
MP33
SP20
SP20
CM102E
22M
32M
CM80
GP
GPO
GP- SCHUMANN
HP
K22
MP
PGP75
SP
SPE
FINMASTER
FP
IZH NO. 1
MU5 5
TOZ35
FP
GSP
GSP
OSP
OSP -2000
.22LR
.32 S &W LONG
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.32 S &W LONG
.22LR
.22LR
.22LR
.32 S &W LONG
.22LR
.22LR
.32 S &W LONG
.22LR
.22 SHORT
.22 SHORT
.22 SHORT
.32 S &W LONG
.22LR
.32 S &W LONG
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.32 S &W LONG
.22 SHORT
.22 SHORT
® (3) Any model of competitive pistol that has been expressly identified by the Department of
Justice as exempt from the testing requirement. The Department of Justice exemption
may be based on recommendations by USA Shooting or may be based on the recommendation
or rules of any other organization that the Department of Justice deems relevant. The current
list of exempt pistols is available on the Bureau of Firearms website at
http: / /AN,ww.ag-.ca.gov /firearms /fonns /pdf /op.pdf. (Penal Code § 12133.)
® The sale, loan, or transfer of a semiautomatic pistol that is to be used solely as a prop for a motion
picture, television, or video production by an authorized participant therein or by an authorized
employee or agent of the entity producing that production or event. (Penal Code § 12132.)
California Firearms Laws 2007 36
As of danuafy 1, 2007, a dealer may deliver a handgun to the purchaser despite the fact that, during
the pendency of the DROS, the handgun is removed fi-om the Roster of Handguns Certified for Sale
in California, due to nonpayment of renewal fees by the manufacturer (Penal Code § 12131).
However, if a handgun, prior to the completion of a sale or transfer, is removed fi -om the roster
because of a failure during retesting, the handgun cannot legally be delivered to the purchaser
(Penal Code § 12131).
Sales, Loans, or Transfers of Firearms
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section
12071, to sell, loan, or otherwise transfer a firearm to a non - licensed person unless the sale, loan,
or transfer is completed through a licensed firearms dealer. (Penal Code §§ 12071, 12072, 12082.)
Exceptions
1) The dealer licensing and reporting requirements do not apply to the sale, lease, or
transfer of any firearm in the following instances (Penal Code § 12078(u)):
• Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
NOTE: Concealable firearms obtained by any of the preceding means must be reported to the
Department of Justice on forms provided by the Department of Justice. (Penal Code § 12078(i)(1).)
- a levying officer as defined in sections 481.140, 511.060, or 680.260 of the
Code of Civil Procedure;
- firearms received by the family of a police officer or deputy sheriff from a local agency pursuant
to section 50081 of the Government Code;
- the transfer of a firearm by a law enforcement agency to the person who found the firearm
where the delivery is to the finder pursuant to Article 1
(commencing with section 2080) of Chapter 4 of Division 3 of the Civil Code;
Firearms obtained through intestate succession or by bequest, sales or transfers
between "immediate family" members. Immediate family means parent and child,
and grandparent and grandchild. (NOTE: Individuals who receive a concealable
firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun
in this manner must be reported within 30 days to the Department of Justice on forms
provided by the Department of Justice.)
(Penal Code §§ 12078(i)(1)(B); 12078(c)(2)(A).)
NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or
fewer sales per year of any number of handguns or irregular and occasional sales of other firearms
is allowed. However, such sales /transfers must be completed through a dealer licensed pursuant to
Penal Code section 12071.
California Firearms Laws 2007 37
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm in the
following instances:
• Infrequent loans of firearms between persons who are personally known to each other for any
lawful purpose, if the loan does not exceed 30 days in duration. (Penal Code § 12078(d).)
• Loans of a firearm for the purpose of shooting at targets on the premises of a target facility
if the firearm is kept within the premises of the target facility at all times.
(Penal Code § 12078(h).)
• Loans of an unloaded firearm or a firearm loaded with blanks for use solely as a
prop for motion picture, television or other entertainment event. (Penal Code § 12078(s).)
• Loans of a long gun to a licensed hunter for period of time not to exceed the
hunting season for which the firearm is being used. (Penal Code § 12078(q).)
• Loans to minors by a parent, legal guardian, or grandparent:
- Long guns may be loaned for an indefinite period.
- Handguns may be loaned for the purpose of engaging in a lawful activity, and the loan does not
exceed the period of time necessary to participate in the
activity.
Loans to minors by other than a parent or legal guardian:
= Long guns may be loaned with the express permission of a parent or legal guardian if the
loan does not exceed 30 days.
- Handguns may be loaned with the express permission of a parent or legal guardian for not more
than 10 days. (Penal Code § 12078(p).)
NOTE: A processing fee is assessed on all firearm reporting to the Department of Justice, such as
voluntary registrations and transfers through operation of law. (Penal Code § 12076(e)(1).)
Handgun Safety Certificate
No handgun may be delivered by a firearms dealer unless the purchaser or transferee
presents to the dealer a Handgun Safety Certificate. Additionally, no firearms dealer may deliver a
handgun without first requiring the recipient to correctly and properly perform a safe handling
demonstration with that handgun for a Department of Justice certified instructor.
(Penal Code § 12071(b)(8).)
Exceptions
A Handgun Safety Certificate shall not be required for handgun transfers to the following:
• Any active or honorably retired peace off cer, as defined in Chapter 4.5
(commencing with section 83 0) of Title 3 of Part 2 of the Penal Code.
• Any active or honorably retired federal officer or law enforcement agent.
• Any reserve peace officer, as defined in Penal Code section 832.6.
• Any person who has successfully completed the course of training specified in Penal Code
section 832.
• A firearms dealer licensed pursuant to Penal Code section 12071, who is acting in
the course and scope of his or her activities as a person licensed pursuant to Penal Code
section 12071.
• A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic,
California Firearms Laivs 2007 38
as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued to him or her by the Department of Justice pursuant
to Penal Code section 12071.
• A person to whom a handgun is being returned, where the person receiving the firearm is the
owner of the firearm.
• A family member of a peace officer or deputy sheriff from a local agency who receives a
firearm pursuant to Government Code section 50081.
• Any individual who has a valid concealed weapons permit issued pursuant to Penal
Code section 12050.
• 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.
• Any person who is authorized to carry loaded firearms pursuant to subdivision (c) or (d) of Penal
Code section 12031.
• Persons who are the holder of a special weapons permit issued by the Department of Justice
pursuant to Penal Code sections 12095, 12230, 12250, or 12305.
• Persons who obtain a handgun through operation of law in a representative capacity
pursuant to Penal Code section 12078(i).
California Residency Requirement
No firearms dealer may deliver a handgun unless the intended recipient presents satisfactory
documentation indicating that he or she is a California resident. Satisfactory documentation includes
a utility bill from within the last three months, a residential lease, a property deed, military
permanent duty station orders indicating assignment within this state, or other evidence of residency
as permitted by the Department of Justice. Acceptable documentation does not include passports,
account statements from financial institutions, or pay stubs. (Penal Code § 12071(b)(8).)
Sales, Loans, and Transfers of Firearms by Personal Handgun Importers
Any person who meets the definition of a personal handgun importer who moves into
California with the intention of establishing residency in this state, must report his or her ownership
of any handgun acquired outside California to the Department of Justice within 60 days.
A personal handgun importer means an individual who meets specific criteria, which
includes, but is not limited to, any person age 18 or older, who is not a licensed firearms dealer or
manufacturer, and who owns and intends to possess within this state on or after January 1, 1998, any
pistol, revolver, or other firearm capable of being concealed upon the person that is not an assault
weapon or machinegun, as defined by law. (Penal Code § 12001(n).)
Personal handgun importers shall report handgun ownership by choosing one of the
following options:
Forward by prepaid mail or deliver in person to the Department of Justice, a report
prescribed by the department. Forms are available from the Department of Justice,
firearms dealers, law enforcement agencies, and the Department of Motor Vehicles;
• Sell or transfer the firearm in accordance with the provisions of Penal Code section
California Firearms Laws 2007 39
12072(d);
Sell or transfer the firearm to a dealer licensed pursuant to Penal Code Section
12071;
Sell or transfer the firearm to a sheriff or police department. (If this option is chosen,
individuals should notify the agency in advance that they intend to transport the handgun to that
agency, and it should be transported unloaded and in a locked container). (Penal Code
§§ 12026.2 (a)(18), 12072(f)(2)(A).)
Sales or Transfers of Firearms to Mental Patients
It is unlawful for any person to knowingly sell, loan, supply, give, or allow possession or control
of any firearm or other deadly weapon to a person who is deemed to be a danger to self or others and
is a mental patient in a facility or on leave of absence from the facility; communicates a serious
threat of physical violence against another to a licensed psychotherapist; adjudicated a danger to
others or a mentally disordered sex offender; found not guilty by reason of insanity of any crime;
found incompetent to stand trial; placed under conservatorship by a court as gravely disabled
wherein possession of a firearm would present a danger to self or others, or who has been taken
into custody and placed in a county mental health facility for treatment and evaluation because
he or she is a danger to self or others as a result of a mental disorder. (Welfare and Institutions Code
§§ 8100, 8101, 8103.)
Sales or Transfers of Firearms or belated Devices to Minors
It is unlawful for a firearms dealer to sell a handgun to any person under the age of 21 or any other
firearm to a person under the age of 18. (Penal Code § 12072(b).)
NOTE: Violation of this prohibition where the violation involves the delivery of any
firearm to a person who the dealer knows, or should know, is a minor, is punishable as a felony.
No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor. (Penal
Code § 12072(a)(3).)
NOTE: See 'Exceptions" on page 44 for loans of firearms to minors.
It is unlawful for any person to sell ammunition or reloaded ammunition to a person under 18 years
of age. (Penal Code § 12316(a)(1)(A).)
It is unlawful for any person to sell any ammunition or reloaded ammunition designed and intended
for use in a handgun to a person under 21 years of age. Where ammunition or reloaded ammunition
may be used in both a rifle and a handgun it may be sold to a person who is at least 18 years of age,
but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired
for use in a rifle and not a handgun. (Penal Code § 12316(a)(1)(B).)
It is unlawful for any person to sell or furnish a BB device to any minor without permission of
the minor's parent or legal guardian. (Penal Code §§ 12551, 12552.)
California Firearms Laws 2007 40
It is unlawful for a minor to possess a handgun unless one of the following circumstances exists:
• the minor is accompanied by his or her parent or legal guardian and the minor is actively
engaged in a lawful recreational sporting, ranching, or hunting activity, or a motion picture,
television, or other entertainment event;
• the minor is accompanied by a responsible adult and has prior written consent of his or her parent
or legal guardian and is involved in one of the activities cited above; and
• the minor is at least 16 years of age, has prior written consent of his or her parent or legal
guardian, and the minor is involved in one of the activities cited above.
It is unlawful for a minor to possess live ammunition unless one of the following
circumstances exists:
• the minor has the written consent of his or her parent or legal guardian to possess live
ammunition;
• the minor is accompanied by his or her parent or legal guardian;
• the minor is actively engaged in, or is going to or from, a lawful recreational sport,
including, but not limited to, competitive shooting, or agricultural, ranching, or hunting
activity, the nature of which involves the use of a firearm. (Penal Code § 12101.)
Sales, Manufacture, Possession, or Transportation of Machineguns
It is unlawful for persons to sell, manufacture, possess, or transport machineguns unless they possess
a license or permit issued by the Department of Justice, (Penal Code § § 12220, 12230.)
Use of United States Postal Service, Private Parcel Delivery, or Common Carrier
Long guns may be mailed through the U.S. Postal Service, as well as most private parcel delivery
services or common carriers. Handguns may not be sent through the U.S. Postal Service. A common
or contract carrier must be used for shipment of handguns. Federal and state laws generally prohibit
the carrying upon the person of any firearm or ammunition aboard any commercial passenger
airplane. Similar restrictions may apply to other common carriers such as trains, ships, and buses.
Persons who need to carry or transport firearms or ammunition on a common carrier should always
consult the carrier in advance.
As of January 1, 2008, both in -state and out of state Federal Firearms License (FFL) holders will
be required to obtain approval (e.g., a unique verification number) fi°om the California Department
of Justice prior to shipping firearms to any California FFL (Penal Code §§ 12072).
NOTE. As of January 1,2008, the Department of Justice will establish and maintain a Centralized
List of Exempted Firearms Licenses (Penal Code §§ 12072).
As of Ianuary 1, 2007, firearms dealers will be authorized to provide a copy of a Dealer's Record
of Sale (DROS) in a private party transaction to the seller as well as the purchaser of the firearm
(Penal Code §§ 12076).
The California Department of Justice will require the redaction by firearms dealers of personal
information about the seller of a firearm from the copy of the document provided to the purchaser,
California Firearms Laws 2007 41
as well as h7for ration regarding the purchaser from the copy of the document provided to the seller-.
9. FORFEITURES OF FIREARMS
Forfeiture for Violation of the Penal Code
Penal Code section 12028 requires forfeiture of (a) any weapon illegally carried upon the person or
within any vehicle and (b) any firearm illegally owned, possessed, or used in the commission or
attempted commission of any felony or specified misdemeanor. Penal Code section 12029 requires
forfeiture of any short- barreled shotgun, short- barreled rifle, cane gun, wallet gun, plastic firearm,
firearm not immediately recognizable as a firearm, zip gun or unconventional pistol as specified in
Penal Code section 12020. Penal Code section 12251 requires forfeiture of any machinegun
possessed in violation of the permit and/or license provisions of Penal Code sections 12230 through
12250.
Forfeiture for Violation of the Fish and Game Code
Fish and Game Code section 12157 permits the court to order forfeiture of any device illegally
used to take birds, maminals, fish, reptiles, or amphibians. Depending upon the facts of the case, this
forfeiture may include firearms.
10. OTHER PROHIBITED ACTS
Obliteration or Alteration of Firearm Identification
It is a felony to obliterate or alter the name of the maker, model, serial number, or other mark of
identification, including any distinguishing mark lawfully assigned to a firearm by the owner or by
the Department of Justice. (Penal Code § 12090.)
Possession of any pistol or revolver having its identification obliterated or altered is presumptive
evidence that the possessor performed the obliteration or alteration. (Penal Code § 12091.)
It is unlawful for a person to buy, sell, or possess a firearm knowing its identification has been
obliterated or altered. Exceptions include, but are not limited to, the possession and disposition of
a firearm pursuant to Penal Code section 12094(a) by a person who is not prohibited by law from
possessing firearms or ammunition and possessed the firearm no longer than was necessary to
deliver it to a law enforcement agency for disposition according to law. Prior notice must be given
to law enforcement before transporting it to that agency for disposition and firearms must be
transported unloaded and in a locked container, as defined by Penal Code section 12026.2(d). (Penal
Code § 12094.)
Firearms on School Grounds
It is unlawful for any person to possess or bring a firearm upon the grounds of, into, or within a
distance of 1,000 feet from the grounds of a school providing instruction in kindergarten or grades
1 to 12, inclusive, or a campus of the University of California, California State University, or
California community colleges. (Penal Code § 626.9.)
California Firearms ,Laws 2007 42
Exceptions
• A person who has the written permission of the school district superintendent, designee,
or equivalent school authority.
• Within a place of residence or place of business or on private property, if the place
of residence, place of business, or private property is not part of the school grounds
and the possession of the firearm is otherwise lawful.
• If the firearm is an unloaded handgun in a locked container or within the locked
trunk of a motor vehicle, or the otherwise lawful transportation of an unloaded long
gun.
• The possession or transportation of firearms by a person who is engaged in the
business of manufacturing, importing, wholesaling, repairing, or dealing in firearms
and who is licensed to engage in that business or the authorized representative or
authorized agent of that person while engaged in the lawful course of business.
• Guards or messengers of common carriers, banks, and other financial institutions
while actually employed in and about the shipment, transportation, or delivery of
money, treasure, etc.
• Transportation of unloaded firearms by a person operating a licensed common
carrier or an authorized agent or employee thereof when transported in conformance
with applicable federal law.
• The carrying of unloaded handguns by duly authorized military or civil organizations
while parading or the members thereof when going to and from the places of meeting of
their respective organizations.
• Any peace officer pursuant to Penal Code section 830 who is carrying out official
duties.
• Any person summoned by such peace officer to assist in making an arrest or preserving
the peace while actually so engaged.
• Members of federal or state military forces while engaged in performance of duty.
• Any person authorized to carry a concealed firearm pursuant to Penal Code section
12050.
• An armored vehicle guard while engaged in performance of duty pursuant to Business
and Professions Code section 7521.
• A security guard authorized to carry a loaded firearm pursuant to Penal Code section 12030.
• An existing shooting range at a public or private school or university or college
campus.
• An honorably retired peace officer authorized to carry a concealed or loaded firearm.
Drawing/Exhibiting Loaded Firearm on Juvenile Activities Grounds
It is unlawful for any person to draw or exhibit any loaded or unloaded firearm in a rude, angry, or
threatening manner or use any loaded or unloaded firearm in any fight or quarrel upon the grounds
of any day care center, playground, or public or private youth center, or facility where programs are
being conducted for persons under 18 years of age. (Penal Code §§ 417 (b), 626.95.)
Discharge of Firearms at Inhabited /Occupied Dwellings, Buildings, Vehicles, Aircraft
California Firearms Laws 2007 43
It is unlawful for any person to maliciously and willfully discharge a firearm at an inhabited
dwelling house, occupied building, occupied motor vehicle, occupied aircraft, iffliabited housecar,
or inhabited camper. (Penal Code § 246.) Persons convicted of a felony or an attempt to commit a
felony which involved the discharge of a firearm at an occupied motor vehicle causing great bodily
injury or the death of another are subject to a sentence of five years in prison in addition and
consecutive to the sentence prescribed for the felony. (Penal Code § 12022.5.)
Discharge of Firearms at Unoccupied/Uninhabited Aircraft, Unoccupied Motor
Vehicles, Buildings, Dwellings
It is a felony for anyone to willfully and maliciously discharge a firearm at an unoccupied aircraft.
It is a public offense punishable by a jail or prison sentence of up to one year for any person to
discharge a firearm at an unoccupied motor vehicle, uninhabited building or dwelling except for an
abandoned vehicle, an unoccupied vehicle, or an uninhabited building or dwelling with permission
of the owner and otherwise lawful. (Penal Code § 247.)
Discharge of a Firearm From a Motor Vehicle
Any person who causes the death of another person by means of discharging a firearm from a motor
vehicle, intentionally at another person outside the vehicle with the intent to inflict death, is guilty
of murder of the first degree, punishable by death, confinement in the state prison for life without
possibility of parole, or confinement in the state prison for 25 years to life. (Penal Code §§ 189,
190.)
Any person who causes the death of a person who is not an occupant of a motor vehicle is guilty of
murder of the second degree, punishable by confinement in state prison for 20 years to life if the
killing was perpetrated as a result of discharging a firearm from a motor vehicle with the intent to
inflict great bodily injury. (Penal Code § 190(d).)
Persons with proven intent who inflict great bodily injury, as defined in Penal Code section 12022.7,
or cause the death of a person who is not an occupant of a motor vehicle as a result of discharging
a firearm from a motor vehicle in the commission of a felony or attempted felony shall be punished
by a term of five years in addition, and consecutive to, the punishment prescribed for the felony.
(Penal Code § 12022.55.)
A driver or owner of a motor vehicle who allows any person to discharge a firearm from the vehicle
may be punished by up to three years imprisonment in state prison and any person who willfully and
maliciously discharges a firearm from a motor vehicle at a person who is not an occupant of a motor
vehicle is guilty of a felony punishable by up to seven years in state prison. (Penal Code § 12034.)
Any person who maliciously and willfully discharges a firearm at an occupied motor vehicle
from another motor vehicle and the victim suffers paralysis as defined, or paraparesis as defined,
of a major body part, including, but not limited to, the entire hand or foot, shall be punished by an
additional term of four years. (Penal Code § 12022.9.)
Threatening Acts with Firearms on Public Streets or Highways
It is a felony for a person to draw or exhibit a firearm that is loaded or unloaded in a
California Firearms Laws 2007 44
threatening manner against an occupant of a motor vehicle which is on a public street or highway
in such a way that would cause a reasonable person apprehension or fear of bodily harin. (Penal
Code § 417.3.)
Threatening Acts with Imitation Firearms
It is a misdemeanor for a person to draw or exhibit an imitation firearm in a threatening manner
against another in a way which would cause a reasonable person apprehension or fear of bodily
harm. An 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 conclude that the replica is a firearm. (Penal Code §§ 417.4, 12550.)
As of January 1,2007, the scope of the offense of discharging a firearm in a grossly negligent
manner that could result in injury or death to a person shall be expanded to include a BB device,
making the offense involving a BB device punishable by imprisonment in a county jail, not exceeding
one year (Penal Code § 246.3).
Threatening Acts With a Laser Scope
A laser scope is a portable battery- powered device capable of being attached to a firearm and
projecting a laser light on objects at a distance. It is a misdemeanor to knowingly draw or exhibit
a laser scope that projects a colored target on a person in a threatening manner, except in self -
defense. (Penal Code § 417.25.)
Forfeiture of Vehicles Used in Offenses Involving the Discharge or
Brandishing of a Firearm
Courts are required to order the forfeiture and sale of motor vehicles used in the commission
of first or second degree murder, manslaughter, attempted murder, assault with a deadly weapon
or the unlawful discharge or brandishing of a firearm from, or at an occupied vehicle where a victim
is killed, attacked or assaulted from, or in a motor vehicle by the use of a firearm on public
streets and highways. (Penal Code § 246. 1.)
Sell or Distribute Imitation Firearms
Any person who, for commercial purposes, sells, manufactures, distributes, purchases, ships or
transports, by mail order or any other manner, or receives, an imitation firearm (realistic replica of
an existing firearm) may be liable for fines of up to $10,000 for each violation. (Penal Code §
12555.)
Advertising of Prohibited Weapons
It is unlawful for any person to advertise the sale of any firearm or other weapon whose possession
is prohibited by Penal Code sections 12020, 12220, 12280, 12303, 12320, 12321, 12355, or 12520.
(Penal Code § 12020.5.)
Anyone having a question on the possession, purchase, or carrying of a firearm or the legality
of any shooting act should consult their local law enforcement agency or law library, or seek
California .Firearms Laws 2007 45
advice from a lawyer.
11. FIREARM SAFETY INSTRUCTION
Certificate of Completion for Hunting Licenses
Fish and Game Code section 3050 and the California Code of Regulations, Title 14,
section 710, provide that no hunting license shall be issued unless the applicant presents:
• evidence that he or she has held a hunting license issued by this state in a prior year;
or
• evidence that he or she holds a current hunting license issued by another state or
province; or
• a certificate of completion of a course in hunter safety, principles of conservation,
and sportsmanship, as provided in this article, with a hunter safety instruction
validation stamp affixed thereto; or
• a certificate of successful completion of a hunter safety course in another state or
province; or
• evidence of completion of a course in hunter safety, principles of conservation, and
sportsmanship, which the commission may, by regulation, require.
The Department of Fish and Game designates hunter safety instructors qualified to give hunter
safety instruction and issue the certificate required above. Persons desiring to take a course in hunter
safety training for licensing may write or call the nearest Department of Fish and Game office for
a list of instructors in their area:
Department of Fish and Game (Region 1)
601 Locust Street
Redding, California 96001
(530) 225 -2300
Department of Fish and Game (Region 2)
1701 Nimbus Road, Suite A
Rancho Cordova, California 95670
(916) 358 -2900
Department of Fish and Game (Region 3)
P. O. Box 47
Yountville, California 94599
(707) 944 -5500
Department of Fish and. Game (Region 4)
1234 East Shaw Avenue
Fresno, California 93710
(559) 243 -4005 X 151
Department of Fish and Game (Region 5)
4949 Viewridge Avenue
San Diego, California 92123
California Firearms Laws 2 00 7 46
(619) 467 -4200
Department of Fish and Game (Region 6)
4775 Bird Farm Road
Chino Hills, California 91709
(909) 597 -9823
Handgun Training for Security Guards, Etc.
Private patrol operators, security guards, alarm company operators, responding alarm agents,
and private investigators must complete a firearms training course before carrying a firearm on duty.
(Business and Professions Code §§ 7542, 7545, and 7596.)
The course was developed by the Department of Consumer Affairs, Bureau of Security and
Investigative Services, and is offered by bureau- certified instructors to bureau licensees. Training
is approximately 14 hours and includes the following:
• The moral and legal aspects of firearms usage.
• Firearms nomenclature and maintenance.
• Weapon handling and shooting fundamentals.
• Emergency procedures.
• Prequalification range training, including the firing of practice rounds.
• Qualification with firearm.
• Examination.
Course instructors must be approved by the California Department of Consumer Affairs, Bureau of
Security and Investigative Services. Fees for the instruction are negotiated between the instructor
and student. Person interested in taking such a course may contact the bureau for a list of certified
schools in their area:
Department of Consumer Affairs
Bureau of Security and Investigative Services
400 R Street, Suite 3080
Sacramento, California 95814 -6873
(916) 445 -7724
NOTE: Completion of this training does not authorize a person to carry a firearm unless he or she
possesses a valid firearm permit issued by the bureau and is on duty and properly licensed as a
private patrol operator, security guard, alarm company operator, responding alarm agent, or private
investigator. The firearms permit allows the bearer to carry an exposed firearm while on duty.
Firearm Safety and Training Courses Provided by Gun /Shooting Clubs or
Associations
Some firearm clubs or associations regularly provide firearin safety training courses for the general
public as well as for their members. Such clubs are listed in the yellow pages of the telephone
directory. Iii addition, managers of public or private shooting ranges may give interested persons
California Firearm Laws 2007 47
information on how to contact clubs or associations using then ranges for training courses. Ranges
are also listed in the yellow pages of the telephone directory.
Handgun Safety Certificate Requirement
Effective January 1, 2003, any person who wishes to receive a handgun through a sale or transfer
must have a valid Handgun Safety Certificate (HSC) or a qualifying exemption. Any person who
wishes to obtain an HSC must pass a written test that includes, but is not limited to, laws applicable
to carrying and handling firearms, particularly handguns; responsibilities of ownership of firearms,
particularly handguns; the law related to the private sale /transfer of firearms; the law as it relates to
the permissible use of lethal force; safe firearm storage; and issues & prevention strategies
associated with bringing firearms into the home. (Penal Code § 12071(b)(8).)
A DOJ Certified Instructor may charge each HSC applicant a fee of up to $25 to cover the costs of
providing the test and issuing the certificate. (Penal Code § 12805.)
Any person who is interested in becoming a DOJ Certified Instructor may obtain further information
and an application form by writing to:
Department of Justice
Division of Law Enforcement
Bureau of Firearms
DOJ Certified Instructors
P.O. Box 981118
West Sacramento, California
95798-1118
Safe Handling Demonstration
Any person who takes delivery of a handgun from a firearms dealer must first successfully
demonstrate to a DOJ Certified Instructor that he or she is able to handle that handgun safely and
that he or she can properly operate all of the safety features. Any person who has an exemption to
the HSC requirement is also exempt from this requirement. (Penal Code §12071(b)(8)(D).)
Safe Handling and Storage of )firearms
Under the Children's Firearm Accident Prevention Act of 1991, any person who keeps a loaded
firearm where a child obtains and improperly uses it, may be fined or sent to prison. (Penal Code
§§ 12035, 12036, 12071.)
To prevent unnecessary injury or death caused by improper storage of firearms in the home where
children (under age 18) are likely to be present, and to help prevent the possibility of criminal
prosecution, all firearms should be unloaded, locked with a trigger locking device that renders the
firearm inoperable, and stored in a locked container. Ammunition should be stored in a location
separate from the firearm. Other means of safe storage include trigger locking devices, or locking
firearm safes or cabinets. For information on obtaining firearm safety devices or how they operate,
contact a firearms dealer, firearms club or association which promotes firearm safety training
courses, the manufacturer of such devices, or visit the Department of Justice Bureau of Firear•rras
website at http: / /www.ag.ca.gov /firearms /certlist.htin.
California Firearms Laws 2007 48
It is the responsibility of every firearm owner to be knowledgeable regarding the operation of
firearms in his or her possession. When handling firearms, the following precautions should be
taken:
• Always keep the firearm pointed in a safe direction - never at yourself or others.
Generally, it is safest to point the firearm upward or downward.
• Never place your finger on the trigger until you are ready to shoot. Instead, rest your
trigger finger around the grip of the gun.
• Always keep the firearm unloaded until ready to use. If you are not sure if the firearm is
loaded, and you do not know how to open the gun's action, leave it alone
and get help from someone who knows how to operate the firearm.
• Never use alcohol or drugs before or while shooting.
Information regarding the operation of a specific firearm is generally available from the gun
manufacturer. If information regarding a specific firearm cannot be obtained from the manufacturer,
local firearm dealers or private gun organizations that promote firearm safety and training may be
of assistance.
NOTE: These basic safety tips have been provided as a public service and are not
intended to cover all aspects of firearm use and storage, nor are they intended to take the place of
any firearms training course.
A handbook containing basic firearms safety information is available from the Department of Justice
to licensed firearm dealers, who shall have it available to the general public.
12. FIREARM SAFETY DEVICE REQUIREMENT
Each firearm sold, transferred, or manufactured in California must be accompanied with a firearm
safety device approved by the Department of Justice and identified as appropriate for that firearm.
The Department of Justice is required to compile and publish a listing of all of the safety devices that
have been determined to meet the department's standards. A list of these devices is available on the
Department of Justice Bureau of firearms website at http: / /www.ag.ca.gov /firearms /fsdcertlist.htni.
(Penal Code § 12088.1.)
The term "long -gun safe" is distinct from "gun safe" and "fireanns safety device." A
"long -gun safe" means a locking container designed to fully contain and secure a rifle or a shotgun.
A "long -gun safe" must have a locking system consisting of either a mechanical combination lock
or an electronic combination lock that has at least 1,000 possible unique combinations consisting
of a minimum of three numbers, letters, or symbols per combination, and that is not listed on the
Department of Justice Roster of Firearm Safety Devices. (PC § 12087.6).
No person shall keep for commercial sale, commercially sell, or distribute as part of an organized
firearm safety program, any firearms safety device (other than a long -gun safe) that is not listed on
the Department of Justice roster of approved firearms safety devices. Any sale of a long gun safe
must be accompanied by a specified warning label. (Penal Code § 12088.1.)
The Department of Justice Roster of Firearm Safety Devices may be accessed on the Department
California Firearms Laws 2007 49
of Justice website at http: / /www.ag.ca.gov /firearms /fsdcertlist.htm.
Firearm sales and transfers are exempt from the requirement to provide a firearm safety device if
either of the following is true:
The purchaser demonstrates proof that he or she owns a gun safe that meets the standards set
forth in Department of Justice regulations adopted under Penal Code section 12088.2 by
signing an affidavit to that effect.
The purchaser presents an approved safety device for the firearm being purchased and provides
to the firearms dealer an original receipt showing the purchase took place no more than
30 days prior to picking up the firearm.
The purchaser presents a receipt for a Department of Justice- approved lock box and signs
an affidavit (provided by the firearms dealer) that describes the make and model of the
lock box and that the lock box will accommodate the firearm being purchased.
Firearm safety device requirements in general do not apply to the commerce of "antique firearms"
as defined in subsection (a) of Section 921 of Title 18 of the United States Code nor do they apply
to the commerce of any firearm untended to be used by a salaried, full -time peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code for purposes
of law enforcement. (Penal Code § 12088.8.)
California Firearms Laws 2007 50
THIS PAGE
INTENTIONALLY
LEFT BLANK
Kamala D. Harris, Attorney General
TO: California Mental Health Facility Directors
The purpose of this bulletin is to inform California mental health facilities of a change in
reporting requirements effective July 1, 2012, pursuant to Welfare and Institutions Code (WIC)
sections 8103, subdivisions (0(2)(B), (g)(2)(B) and 8105, subdivision (b). Existing law requires
mental health facilities to immediately report specified information to the Department of Justice
(DOJ) regarding persons admitted to a mental health facility on the basis of their being a danger
to themselves or others, or who are certified for intensive treatment. On January 1, 2011,
Assembly Bill 302 (Beall) became law and amended WIC section 8103 by adding subdivisions
(f)(2)(B) and (g)(2)(B) which require facilities to submit the above - mentioned reports to the DOJ
exclusively by electronic means commencing July 1, 2012. To facilitate compliance, the DOJ,
Bureau of Firearms (BOF) has developed a new Internet -based Mental Health Reporting System
(MHRS). The new MHRS was made available for facilities to begin submitting user account
requests and electronic reports effective June 11, 2012.
Since July 2009, the current online reporting system enabled facilities to submit reports via the
Internet using a personal computer and a standard web browser. The new MHRS continues this
ability while providing authorized facilities a inore robust system with increased functionality
and security. Facilities will now be able to preview, print and save copies of their submitted
reports clectronically at the time of online submission and are strongly encouraged to save copies
of reports to accommodate future printing needs. BOF is not responsible for providing copies of
reports submitted by facilities.
MHRS USER ACCOUNT INFORMATION
Obtaining an MHRS User Account
The MHRS is a new secure system that requires each authorized facility employee to have a
unique email address, user name and password. Employee user names and passwords will be
associated to the facility authorizing the employee's access. The MHRS user account process
simplifies user password maintenance and facilitates the process of changing and /or requesting a
new password. Users of the existing online prohibition reporting system will be required to
request a new user account to access the new MHRS.
Inforination Bulletin 12-BOF-02
Now Mental Health Fireams Prohibition Reporting System
Page 2
MFIRS User Account, Setup Process
The initial account set -up process is as Mlows:
e Completion. and submission. of the attached M.H.RS Facility User .Account Request.forni.
(BOF 08-950 (Rev. 04/2012)). 1'his fillable.form can also be obtained from the MHRS
log -oil page. Once completed Lind signed, facilities must submit the. user account request.
form. to BOF'by mail, fax, or email. as listed in the BOF contact information section below.
• Authorized facility employees must then access the MHRS log-on page at
https://mhrs.dqLc—a- _g-o—v and request an MURS user account.
• Once. approved, BOF will forward a confirmation. Qmait including the new account user
name to the employee's email account as provided on form BOF 09-950.
• A separate email. will be generated an&fbi-warded with, a temporary password (which the
user must change) to the employee's email account provided on, form BOF 08-950,
Available Training,
Coi-pptchensive training regarding the use of the new MHRS is available to all facilities, free, of
char. act
ge, If you, wish. to request and/or schedule training, please cont the BOF's Training
Information and,Compliance Section,at (91.6) 227-7527,
Fillable BOF Forms Available Online
In an. effort to make, available all documents associated with. firearm probibitio-p-reportitig, the
following, forins will be available as fillable forms and can be downloaded from the MHRS Main
Menu page: (1) Patient Notification of irearm Prohibition and Right to Hearing (BOF 4009B)
and (2) Request for Hearing for Relieffrom Firearm Prohibition (BOF 4009C),
BOF Contact 1tiformatiQ:q
We are available at your convenience to assist you in trans.itioning, to the new reporting process.
For system - related issues,. please use the "Report an Issue" tab located on the MFIRS navigation
bar. For issues related to,prohibition reporting; please.feel free to contact the Bureau of Firearms
using the inf6rination below.
o MHRS General Telephone Line - (9116) 227-7550
MHRS Facsimile. - (916) 227-1021
.1
MHRS Email — inlir s-suDpoA@doj.ca.gov
MJ4RS Mailing ess - P.0, Box 168048, S a cranient9 ,CA. 5
816 --i)48
LESTDLEY,
For K-AMALA D. HARRIS
Attorney General
Kamala D. Harris, Attorney General
TO All California Criminal Justice and Law Enforcement Agencies, Centralized List of Firearms Dealers,
Manufacturers, and Exempted Federal Firearms Licensees
This bulletin provides a brief summary of new and amended California fit.earinslwcapons laws
effective January 1, 2012, unless otherwise noted, You may contact the California State Capitol
Legislative Bill Room at (916) 445-2323 to obtain copies of the bills (order by statute year and
chapter number), or access the full text of the bills via the Internet at htt Wwwwjlegjnfo:ca. ovl,
AB 144 (Mats, 2011,,l eh. ,725), - Prohibits.ppen Cara of Unloaded Handguns in Public
Generally prohibits people from openly carrying an unloaded' handgun or having an
exposed unloaded handgun in a motor vehicle in specified public areas. (Pen. Code,
26350.)
Prohibits any driver or owner of a motor vehicle from allowing a person to bring an open
and exposed unloaded handgun into a motor vehicle in specified public areas. (Pen. Code,
:§ 17511)
Provides exemption allowing authorized security guards and honorably retired peace
officers to possess a firearm in ascbool zone, (Bus. and Prof. Code, § 6202,)
AB 809 (Stats. 2011, ch. 745) -_Regwires Collection and Retention of Dealer's Record of
Sale (DROS),for Lon Gun Transactions
Beginning January 1, 2014, requires DROS information regarding the, sale or transfer of
long guns (rifles and shotguns) to be collected, reported and retained in the same manner
as handgunDROS information. (Pen. Code, §§ 11 106, 26905.)
AB 1424 fftqtst 2 - Prohibits State AMnejesfrom, Issuing Professional and
Qlj, ch�455)
PEcupational,kicebses to the State's Top 500 Tax Delinguents
Requires the Department of Justice (DO!) to suspend, revoke and refuse to issue .a
license, certificate, registration, or permit to engage in a profession or occupation if the
applicant/holder is on either list of the 500 largest tax delinquencies provided by the State
Board of Equalization and the Franchise Tax Board. (Bus. & Prof, Code, § 494,5.)
hiformatim Bulleffii 12-BOF-01
New aod Amended Fireat-ins/Mleapow Laws
Page, 2
Requires the DOJ to collect the social security number or federal taxpayor identification
number of each applicant to assist in identityinglax delinquents as specified. (Bus' &
Prof, Code, § 494.5;)
Requires revision of all affected DOS application forms (e.g, Centralized List of Firearms
Dealers,, Dangerous. Weapon License/Permit) to include an advisory statement that the
State Board of Equ:alizatioh and the Franchise Tax Board are authorized to share taxpayer
information with the,DOJ and that failure, to.iliq0t their tax
obligation will result in license denial, or:sUspension, (Bus.. & Prof. Code, § 494,5,
S 610 (Stats. 20111 ch. 741) - New CCW Applicant Notification Recluirenients:
Requires lkmising, auth.odiIj.e.,.,.; to provide applicants for a license to carry a concealed
weapon (QC%V) I'Vith written notification of their determination of fw1jethe'r. tho.applicant
I met'll . le, good cause requiremiel i(,and ptovid.o that the applicant shall not be i�eqllirc d
to pay -for any training coursos prior to the -good causedetermijiation being -trade. (keen.
Code, § 26262')
0 Pi-ov.ides that. t.ipo.ii denial ofaC.CWlioeiis.e.,tliel,,N,itteniiotiecofdefiiaI shall indicate tile
,requirement that seas: not met. resulting in the denial, (Pen, Code, § 26205)
Clarifies that the application foe for a new I'licellse includes the costs pfi:equired notiovs
and provides that-no,applioant can be, required to obtain liability insurance as a, condition
of the licensc. (Pen, Code, §. 2619:0,)-
SB 819 (StAts. 2011, cli.,743) - Authorizes Use of DROS Funds fbr;Ecnfqm6nwyt Activi,fic
Related to Illegal Firearms Rassossiwt
Authorizes the DOS to use DROS fees, to fund Its fireanns- related regulatory and
ealforconwitactivities concerning file possession, sale, purchase, loan and, transfer of
.fivear,1118. (Pon, Code, §.2 24225.)
1)
SBIOBO(Stiits,201,0,cli.711) acid SB1115(8t,,)�is,2010,tli.1,78) Reiiiiiiiil)ei-sPeii,,ilCo(le -
Beginning 1,-2012, Penal Code regarding and other. deadl,
t, .3
WbElpOnS ate te0fgalliZedheiiumbbred Without substantive.0bange.,
If you have any questions regarding this Itiforinatioll Bulle(in, please-col tticl the Department of
Justice, Bureau of Firearms at (916)227 -7527,
For KAMALA D. HARRIS
Attorney General
DLL 126 (Rev I D/,07)
Chapter 12.8
Department of Justice Regulations for Assault Weapons and Large Capacity Magazines
Article 1. General
978.10 Title and Scope
This chapter shall be known as the "Department of Justice Regulations for Assault Weapons
and Large Capacity Magazines," may be cited as such and are referred to herein as "these
regulations." The provisions of these regulations shall apply to assault weapons as defined in
Penal Code section 12276.1 and as specified pursuant to Penal Code section 12276.5, and
large capacity magazines as defined in Penal Code section 12020 (c)(25). These regulations
do not apply to assault weapons as defined in Penal Code section 12276.
NOTE: Authority cited: Sections 12079, 12276.5(i) and 12285, Penal Code. Reference: Sections 12020, 12079,
12276.1, 12276.5 and 12285, Penal Code.
Article 2. Definitions of Terms Used to Identify Assault Weapons
978.20 Definitions
The following definitions apply to terms used in the identification of assault weapons pursuant
to Penal Code section 12276.1:
(a) "detachable magazine" means any ammunition feeding device that can be
removed readily from the firearm with neither disassembly of the firearm action
nor use of a tool being required. A bullet or ammunition cartridge is
considered a tool. Ammunition feeding device includes any belted or linked
ammunition, but does not include clips, en bloc clips, or stripper clips that load
cartridges into the magazine.
(b) "flash suppressor" means any device designed, intended, or that functions to
perceptibly reduce or redirect muzzle flash from the shooter's field of vision.
(c) "forward pistol grip" means a grip that allows for a pistol style grasp forward
of the trigger.
(d) "pistol grip that protrudes conspicuously beneath the action of the weapon"
means a grip that allows for a pistol style grasp in which the web of the trigger
hand (between the thumb and index finger) can be placed below the top of the
exposed portion of the trigger while firing.
(e) "thumbhole stock" means a stock with a hole that allows the thumb of the
trigger hand to penetrate into or through the stock while firing.
NOTE: Authority cited: Section 12276.5(i), Penal Code. Reference: Sections 12276.1, 12280, and 12285, Penal
Code.
Page 1 of 6
Article 3. Assault Weapon Registration
978.30 Requirements for Assault Weapon Registrations Pursuant to Penal Code Section 12285
(a) Registration applicants must be in compliance with the Roberti -Roos Assault Weapons
Control Act of 1989 commencing with Penal Code section 12275, relative to the lawful
acquisition and ownership of any assault weapon subject to registration,
(b) Assault weapon registrations shall be filed on a Department of Justice (DOJ) Assault
Weapon Registration Application (FD 023). For purposes of compliance with the
assault weapon registration period pursuant to Penal Code Section 12285 (a), an
assault weapon registration application and required fee must be submitted to the
Department with a postmark date no later than the end of the applicable registration
period. If submitted on time with the required fee, the Department will process the
registration application even if the application must be returned to an applicant for
completion or correction after the close of the registration period. The applicant must
resubmit the application within 15 days from the date on the notification letter from
DOJ. The following information is required on the DOJ Assault Weapon Registration
Application (FD 023):
(1) Registrant information: registrant's name; date of birth; sex; height; weight;
eye color; hair color; residence address (physical); mailing address; telephone
number; California Driver License (CDL) number or Identification number
issued by the California Department of Motor Vehicles (DMV); signature;
date; right thumb print; and
(2) Assault weapon information: serial number; make; model; type; caliber; day (if
known), month (if known), and year of acquisition; name and address of person
or firearms dealership from whom assault weapon was acquired (optional);
(c) Joint registrations will be permitted for assault weapons owned by family members
residing in the same household.
NOTE Authority cited: Sections 12276.5(i), Penal Code. Reference: Sections 12285(a) and (e), Penal Code.
978.31 Fees
Assault weapon registration applications shall be accompanied by a fee of $20 per person for
any number of assault weapons registered at one time.
NOTE: Authority cited: Section 12276.5(i), Penal Code. Reference: Section 12285(a), Penal Code.
978.32 Processing Times
(a) The time standards for processing assault weapon registration applications are as
follows:
Page 2 of 6
(1) Within 30 days after the date of receipt of an application, the Department shall
either inform the applicant, in writing, that the application is complete and
accepted for processing, or return the application as deficient and specify what
information is required.
(2) Within 75 days after the date of receipt of a completed application, the
Department shall complete the processing of the application.
(b) If the Department fails to meet its time standards for processing an assault weapon
registration application, the applicant, within 30 days from the date of the notice of the
final decision granting or denying the registration, may apply in writing for a full
reimbursement of any and all registration fees. The Department shall respond within
10 days of receipt of a request for reimbursement. If the reimbursement request is
denied, the applicant may appeal the denial, in writing, directly to the Attorney General.
The appeal must be filed within 30 days of the date the applicant was notified of the
reimbursement denial and shall set forth a concise statement of facts and chronology of
events regarding the application. Following any investigation of the matter which the
Attorney General deems appropriate, and within 30 days from the date of receipt of the
appeal, a decision shall be issued. The appeal shall be decided in the applicant's favor
if the Department exceeds the maximum time period for the processing of the
application and the Department has failed to establish good cause for exceeding this
time period. Information regarding this appeal process shall be included with all
assault weapon registration application forms.
NOTE: Authority cited: Sections 15376 and 15378, Government Code. Reference: Sections 15376 and 15378,
Government Code.
978.33 Voluntary Cancellations
(a) The Department will accept voluntary cancellations for assault weapons that are no
longer possessed by the registrant. Cancellations will also be accepted for assault
weapons, defined and registered pursuant to Penal Code section 12276. 1, that have
been modified or reconfigured to no longer meet the assault weapon definition.
Cancellation requests must be signed, dated, and provide the following information:
(1) Registrant's full name, telephone number, and current address; make, model,
and serial number of the assault weapon; and the DOJ assault weapon
registration number (as indicated on the registration confirmation letter
provided to the registrant at the time of registration). If the DOJ assault
weapon registration number is unknown, the request must be notarized.
(b) After confirmation of the information provided on the cancellation request, the
Department will permanently delete the registration for the specified assault weapon(s).
If there are no remaining assault weapons registered to the individual, all personal
information regarding the registrant will also be deleted from the assault weapon data
base. The Department will mail confirmation of the cancellation to the address
provided on the request.
NOTE: Authority cited: Section 12276.5(i), Penal Code, Reference: Section 12285, Penal Code.
Page 3 of 6
Article 4. Large Capacity Magazine Permits
978.40 Requirements for Large Capacity Magazine Permits Pursuant to Penal Code Section
12079
(a) This article applies to Penal Code section 12079 permits for the out of state importation
and exportation of large capacity magazines as defined in Penal Code section 12020
(c)(25). Importation and exportation includes the transportation of magazines as
necessary to complete a transfer to or from an out of state source.
(b) No permit shall be issued to any person who fails to establish "good cause" for
issuance of the permit and that the permit would not endanger public safety. "Good
cause" shall be established by the following:
(1) A statement from the applicant that a large capacity magazine marketplace
exists for their dealership; and
(2) Compliance with The Dangerous Weapons' Control Law commencing with
Penal Code section 12000 relative to large capacity magazines and record
keeping requirements specified in section 978.43 of these regulations.
(c) Large capacity magazine permit applications shall be filed on a Department of Justice
form (FD 050) which requires the following information: California Firearms
Dealership (CFD) number; dealership name; dealership mailing address; statement of
good cause; signature of dealership licensees; and date.
NOTE: Authority cited`. Sections 12079, Penal Code. Reference: Sections 12020 and 12079, Penal Code.
978.41 Processing Times
(a) The time standards for processing large capacity magazine permit applications are as
follows:
(1) Within 30 days after the date of receipt of an application, the Department shall
either inform the applicant, in writing, that the application is complete and
accepted for processing, or return the application as deficient and specify what
information is required.
(2) Within 30 days after the date of receipt of a completed application, the
Department shall complete the processing of the application.
(b) If the Department fails to meet its time standards for processing a large capacity
magazine pen-nit application, the applicant, within 30 days from the date of the notice
of the final decision granting or denying the application, may apply in writing for a full
reimbursement of any and all application fees. The Department shall respond within
10 days of receipt of a request for reimbursement. If the reimbursement request is
Page 4 of 6
denied, the applicant may appeal the denial, in writing, directly to the Attorney General.
The appeal must be filed within 30 days of the date the applicant was notified of the
reimbursement denial and shall set forth a concise statement of facts and chronology of
events regarding the application. Following any investigation of the matter which the
Attorney General deems appropriate, and within 30 days from the date of receipt of the
appeal, a decision shall be issued. The appeal shall be decided in the applicant's favor
if the Department exceeds the maximum time period for the processing of the
application and the Department has failed to establish good cause for exceeding this
time period. Information regarding this appeal process shall be included with all large
capacity magazine permit application forms.
NOTE: Authority cited: Sections 15376 and 15378, Government Code. Reference: Sections 15376 and 15378,
Government Code.
978.42 Term Length of Large Capacity Magazine Permits
(a) The tern of a large capacity magazine permit shall be from January 1 through
December 31. It is the responsibility of the permittee to submit a completed renewal
application prior to December 31 of each year in order to maintain uninterrupted status
as a large capacity magazine permittee. Renewal applications shall be submitted on
the form (FD 050) prescribed in section 978.40 (b) of these regulations.
(b) If at any time a permittee is not among the licensed firearms dealers on the Department
of Justice Centralized List of Firearms Dealers, the large capacity magazine permit is
no longer valid and shall be canceled.
NOTE: Authority cited: Section 12079, Penal Code. Reference: Sections 12020 and 12079, Penal Code.
978.43 Large Capacity Magazine Permit Record Keeping
Permittees shall maintain acquisition and disposition transaction records of the importation and
exportation of large capacity magazines. Records shall include transaction date, transaction
volume; and the name, address, and Federal Fireanns License number (if any) of the out of
state transferee or transferor. Records must be maintained at the dealership for three years and
be made available to representatives of the Department of Justice or any other law enforcement
agency upon request.
NOTE: Authority cited: Section 12079, Penal Code. Reference: Section 12079, Penal Code.
978.44 Large Capacity Magazine Permit Revocations
(a) Large capacity magazine permits shall be subject to revocation for failure to comply
with record keeping requirements specified in section 978.43 of these regulations or for
Page 5 of 6
failure to comply with The Dangerous Weapons' Control Law commencing with Penal
Code section 12000 relative to large capacity magazines.
(b) All procedures and hearings related to the revocation of a large capacity magazine
permit shall be conducted in accordance with Chapter 5 (commencing with section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
NOTE: Authority cited: Section 12079, Penal Code. Reference: Section 12079, Penal Code.
Page 6 of 6
STATE OF CALIFORNIA DEPARTMENT OF JUSTI
BOF 050 (Rev. 01/2012) PAGE 2
CALIFORNIA DEPARTMENT OF JUSTICE
.0 FUU_7 1 - F�IH(yP ORM1%EH..
Ti
{
NOTICE �D�Q�FPAftF.1E���'J
The manufacture, importation, sale, or transfer of any large- capacity magazine, except to specifically designated parties and
under specified conditions (including law enforcement use, loans for service /repair, et al.) is prohibited by law. A large -
capacity magazine is defined as any ammunition feeding device with the capacity to accept more than 10 rounds but shall not
include any .22 caliber tube ammunition feeding device, or a magazine that has been permanently altered so that it cannot
accommodate more than ten rounds.
A permit is not required for the lawful sale of large- capacity magazines within the state to persons authorized to obtain them
under Penal Code sections 32400 through 32450, such as law enforcement agencies, peace officers, other licensed firearms
dealers, armored car companies, museums, and theatrical companies. Record keeping requirements include the
maintenance of records of sales for all transactions, including a copy of the photo identification of the peace officer or
licensed firearms dealer, a copy of the official invoice of the law enforcement agency, or an authorization letter on the
letterhead of the company to which the sale is being made. The records must be maintained at the dealership location for
three years and, upon request, be made available to law enforcement.
A permit is required for the import or export of large- capacity magazines. Large- Capacity Magazine Permits will be issued,
upon request, to licensed firearms dealers on the DOJ Centralized List of Firearms Dealers whose businesses have a bona
fide marketplace for the import or export of large - capacity magazines. Pursuant to Penal Code section 32315, you must have
a permit issued by the DOJ to engage in the import or export of large- capacity magazines. Large - capacity magazine
permittees will be required to maintain acquisition and disposition records for all large- capacity magazines they purchase,
import or export. The records must be maintained at the dealership location for three years and upon request, be made
available to law enforcement.
Whenever dealerships have multiple licensees, all licensees must sign this application form. There is no additional fee for the
permit. However, maintenance of active status on the DOJ Centralized List of Firearms Dealers is required. The permit is
valid for the calendar year term, provided the permittee abides by the conditions and limitations of the permit, and must be
renewed annually with the Centralized List of Firearms Dealers Renewal Transmittal.
If you have any questions, please contact the Firearms Licensing and Permits Section at (916) 227 -2153.
Mail completed application, along with the required good cause statement to:
Department of Justice
Firearms Licensing and Permits Section - Centralized List
P.O. Box 160367
Sacramento, CA 95816 -0367
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" U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Office of Enforcement Programs and Services
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1 TO PAGE I FOR
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Safety and Security Information for Federal Firearms Licensees
ATF Publication 3317.2 (Revised February 20 10)
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Firearms and Explosives • Office of Enforcement Programs and Services
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F11110i IN I Ji I a "� i. ♦ •s r�i
❑ CONTACT POLICE
Local Police Telephone Number:
Swift notification may be the key in identifying and capturing thieves and in
preserving evidence. Making this notification is also a requirement for all Federal
firearms licensees.
❑ CONTACT LOCAL ATF OFFICE
LocalATF Office Telephone Number:
The local ATF office will work with the local law enforcement authorities
investigating the theft. They can also assist in the preparation of the Theft/Loss
Report for submission to the ATF Stolen Firearms Manager.
❑ ENSURE SAFETY AND PRESERVE EVIDENCE
If there is any possibility that criminals may be present, do not enter a crime scene
until law enforcement authorities indicate that it is safe. Do not disturb the crime
scene until law enforcement authorities have completed evidence gathering. Un-
less you are asked to assist, avoid the temptation to assess damage /losses until
they are finished.
❑ PREPARE ATF THEFT/LOSS REPORT
An ATF Form 3310.11, Federal Firearms Licensee Firearms Inventory Theft and
Missing Inventory (Loss) port (see page A4 ), must be prepared when a theft
of firearms from a licensee's inventory occurs. This includes firearms stolen from
gun shows and in transit to and from those shows. Submit the original to the
Stolen Firearms Program Manager and keep a copy for your records.
The Stolen Firearms Program Manager must be notified within 48 hours of the
theft, and should be notified as soon as possible. This can be done by calling toll -
free (888) 930 -9275. The Program Manager will issue an incident number that is
to be placed in the disposition section (along with the police report number) of the
Acquisition/Disposition Records for every firearm that is stolen.
❑ NOTIFY ATF OF ANY FIREARM RECOVERIES
It is not uncommon to find that a firearm initially thought to have been part
of a group that was stolen, was in fact sold lawfully or is still in inventory. It
is extremely important that these be reported to the Stolen Firearms Program
Manager. Stolen firearms are placed into the National Crime Information Center
(NCIC) system so that law enforcement all over the country will know if a firearm
they recover from someone is stolen. If a firearm is inaccurately reported as
stolen, a law enforcement officer may arrest someone, or seize a firearm from
someone based on the belief that the firearm he /she possesses is stolen, when in
fact that firearm may have been lawfully purchased.
Al
Safety and Security Information for Federal Firearms Licensees
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❑ PREPARE ATF TIIEFULOSS REPORT
An ATF Form 33 10.11, Federal Firearms Licensee Firearms Inventory Theft
and Missing Inventor. (Loss) Report (see page A4), must be prepared when it is
discovered that firearms are missing from inventory. Submit the original to the
Stolen Firearms Program Manager and keep a copy for your records.
The Stolen Firearms Program Manager must be notified within 48 hours of the
discovery, and should be notified as soon as possible. This can be done by calling
toll- free (888).9,30-9275. The Stolen Firearms Program Manager will issue an
incident number that is to be placed in the disposition section.
If not already done, a "floor to ceiling" inventory is highly recommended both
to locate missing firearms and to prevent inventory losses in the future. Poor
inventory procedures invite problems such as employee and customer thefts.
=12-11111
Local Police Telephone Number:
Making this notification is a requirement for all federal firearms licensees.
However, it should be made clear to the authorities that there is no evidence of
a crime and that the disposition of these firearms is unknown /unrecorded. No
local police report number is required to be placed in the disposition records
because many departments will not issue a police report if no crime has occurred.
However, if the department does issue an incident or report number, this should
be placed in the disposition section along with the ATF issued incident number for
each firearm that is missing.
Firearms reported missing from inventory are not placed into the National Crime
Information Center (NCIC) system by ATF because there is no evidence that they
were taken in a crime (e.g. burglary, larceny or robbery). If these firearms were
to be reported as stolen, a law enforcement officer might arrest someone, or seize
a firearm from someone based on the belief that the firearm he /she possesses was
stolen, when in fact that firearm may have been lawfully purchased.
❑ NOTIFY ATF OF ANY FIREARM RECOVERIES
It is not uncommon to find a firearm that initially could not be accounted for or
located. It is extremely important that these discoveries be reported to the Stolen
Firearms Program Manager so that the list of firearms reported missing from
inventory can be corrected.
A2
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Firearms and Explosives - Office of Enforcement Programs and Services
VOLUNTARY PROCEDURES TO FOLLOW WHEN FIREARMS
maintains a program to investigate these thefts /losses and
to attempt to locate theses firearms.
❑ CONTACT THE CARRIER
ATF recommends that any shipment of firearms be done under a carrier's tracking num-
ber. Many carriers have web sites that allow you research your shipment and to verify if
your shipment is overdue. Often the carrier may not be aware that some or all of a ship-
ment is missing until they are contacted by the shipper, consignee or a law enforcement
agency.
o CONTACT ATF STOLEN FIREARMS PROGRAM
LocaIATF Office Telephone Number:
The local ATF office will work with the local law enforcement authorities investigating
the theft. They can also assist in the preparation of the Theft/Loss Report for submission
to the ATF Stolen Firearms Manager.
❑ PREPARE ATF THEFT/LOSS REPORT
The ATF Form 3310.6, Interstate Firearms Shipment Theft/Loss Report form (see page
A5) was prepared to facilitate this voluntary reporting. The Stolen Firearms Program
Manager can be contacted for assistance with interstate theft/loss reporting,. This can be
done by calling toll -free (888) 930 -9275.
❑ NOTIFY ATF OF ANY FIREARM RECOVERIES
It is not uncommon to find that a firearm initially thought to have been part of a group
that was stolen or missing, has arrived or been located. It is extremely important that
these be reported to the Stolen Firearms Program Manager. Stolen firearms are placed
into the National Crime Information Center (NCIC) system so that law enforcement all
over the country will know if a firearm they recover from someone is stolen. If a firearm
is inaccurately reported as stolen, a law enforcement officer may arrest someone, or seize
a firearm from someone based on the belief that the firearm he /she possesses is stolen,
when in fact that firearm may have been lawfully purchased.
❑ ENSURE ACCURACY OFACQUISITION AND DISPOSITION RECORDS
Ensure that Acquisitions and Disposition records accurately reflect the disposition of any
firearm not received by the person to whom shipped.
A3
OMB No. 1140 -0039 (05/31/2006)
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives Federal Firearms Licensee Firearms
Inventory Theft /Loss Report
All entries must be in ink. Please read notices and instructions on reverse carefully before completing this form.
Section A - Federal Firearms Licensee Information
Federal Firearms License Number Federal Firearms Licensee Telephone Number (Include area code)
Trade /Corporate Name and Address of Federal Firearms Licensee (Address should include the number, street address, city, State and zip
code)
Name, Address and Telephone Number of Person Making Report (Address should include the number, street address, city, State and zip
code. Include area code in the telephone number.)
Section B - Theft /Loss Information
Date of Theft /Date Loss
Discovered
Date
Time
Description of Incident
Burglary 1:1 Robbery
Larceny 11 Missing Inventory
Police Notification
ATF Issued Incident Number
ATF Notification
Name and Address of Local Authority to Whom Reported (For burglary, larceny or robbery, include the police report number and officer/
detective name).
Name and Telephone Number of the ATF Representative Notified (If this report is the result of an ATF compliance inspection, provide the
name and telephone number of the ATF Inspector.)
Brief Description of Incident (e.g., How firearms were stolen, etc.):
Section C - Description of Firearms
Certification
1 hereby certify that the information contained in this report is true and correct. I also understand that failure to report the theft or
loss of a firearm from my inventory or collection within 48 hours of the discovery of the theft /loss is a violation of 18 U.S.C. § 923(g)(6)
punishable as a felony.
Signature of Licensee I Date
ATF Farm 3310.11
Revised May 2003
Important Notice
Section 923 (g), Title 18 U.S.C., requires each Federal Firearms Licensee (FFL) to report the theft/loss of a firearm from the licensee's inven-
tory or from the collection of a licensed collector, within 48 hours of discovery to the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) by calling 1- 888 - 930 -9275 and to local law enforcement authorities.
FFLs who report a firearm as missing and later discover its whereabouts should advise ATF that the firearms have been located. Licensees
reporting theft /loss of firearms registered under the National Firearms Act must provide written notification to the National Firearms Act Branch,
pursuant to 27 C.F.R. § 179.141.
This form should not be used by common carriers for reporting the theft /loss of firearms. Thefts /losses from interstate shipments must continue
to be reported on ATF Form 3310.6, Interstate Firearms Shipment Report of Theft /Loss.
Instructions To Federal Firearms Licensees
1. FFLs must report the theft /loss of firearms to the ATF Stolen Firearms Program Manager within 48 hours of discovery
(toll free 888- 930 - 9275).
2. This form is to be used to provide written notification of firearms thefts /losses in addition to reporting firearms thefts /losses by telephone
to the ATF Stolen Firearms Program Manager. Document in Section B the date that you reported the information by telephone. If the call
is after normal business hours, you will be directed to call the ATF Hotline where a representative will contact the ATF Field Office in your
area. During normal business hours, or on the following business day, the Stolen Firearms Program Manager will provide you with an ATF
Incident Number to record in this report. You will then be directed to forward a copy of this report to the address set forth in item 5 below.
3. A separate form is required for each theft/loss report. This form must be prepared in Ink, signed, and dated. Please use ATF Form
3310.11A, Federal Firearms Licensee Theft /Loss Report Continuation Sheet, when the number of lost /stolen firearms exceeds the space
allowed in Section C.
4. The description of the lost or stolen firearms provided in Section B of this form should be identical to the information contained in the
Record of Acquisition and Disposition required by 27 CFR Part 178 Subpart H.
5. Upon completion, the original must be forwarded to the following address:
Bureau of Alcohol, Tobacco, Firearms and Explosives
National Tracing Center
Attn: Firearms Interstate Theft Program Manager
244 Needy Road
Martinsburg, WV 25405
6. Copy 1 should be removed and retained as part of the licensee's permanent records.
7. FFLs must reflect the theft /loss as a disposition entry in the Record of Acquisition and Disposition required by 27 CFR Part 178, Subpart H.
The disposition entry should indicate whether the incident is a theft or loss, the ATF Issued Incident Number, and the Incident Number
provided by the local law enforcement agency.
8. Should any of the firearms be located, they should be re- entered into the Record of Acquisition and Disposition as an acquisition entry.
9. Additional forms may be obtained through the ATF Distribution Center, P.O. Box 5950, Springfield, Virginia, 22150 -5950, (703) 455 -7801.
Paperwork Reduction Act Notice
The information required on this form is in accordance with the Paperwork Reduction Act of 1995. The purpose of this information is to provide
notification to ATF of the theft or loss of firearms from the Inventory of a Federal firearms licensee and from the collection of a licensed
collector, The information is subject to inspection by ATF offices. The information on this form is required by 18 U.S.C. 923(8)(6).
The estimate average burden associated with this collection is 24 minutes per respondent or recordkeeper, depending on individual circum-
stances, Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to Reports
Management Officer, Document Services Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, DC 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently
valid OMB control number.
ATF Form 3310.11
Revised May 2003
t7.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
OMB No. 1 t40 -0004 (04/30/2007)
Interstate Firearms Shipment
Theft /Loss Report
Name and Title of Person Making Report (Please print AND sign name)
Telephone Number I Date
Firearm(s) Description (Use reverse side if additional space is needed)
Shipment Description
❑ Individual Parcel ❑ Shrink Wrapped Pallet
❑ Pallet 11 Other (Describe):
Brief Summary of Incident:
MAIL THIS FORM TO: ATF, STOLEN FIREARMS PROGRAM MANAGER
244 NEEDY RD.
MARTINSBURG, WV 25405
FOR MORE INFORMATION YOU MAY CALL TOLL FREE 888- 930 -9275
ATF Form 3310.6
Revised April 2004
Name
Address
Telephone Number
Shipper /Transferor
Consignee /Transferee
Carrier
Shipment Tracking Number
Shipper /Carrier Claim Number
Date Shipped
Name of Reporting Company
Federal Firearms License Number (If applicable)
Name and Title of Person Making Report (Please print AND sign name)
Telephone Number I Date
Firearm(s) Description (Use reverse side if additional space is needed)
Shipment Description
❑ Individual Parcel ❑ Shrink Wrapped Pallet
❑ Pallet 11 Other (Describe):
Brief Summary of Incident:
MAIL THIS FORM TO: ATF, STOLEN FIREARMS PROGRAM MANAGER
244 NEEDY RD.
MARTINSBURG, WV 25405
FOR MORE INFORMATION YOU MAY CALL TOLL FREE 888- 930 -9275
ATF Form 3310.6
Revised April 2004
Paperwork Reduction Act Notice
This request is in accordance with the Paperwork Reduction Act of 1995. The information collection documents reports of theft or loss of firearms
experienced by common carriers in interstate shipment, ATF uses the information to investigate and perfect criminal cases. The information
requested is voluntary.
The estimated average burden associated with this collection of information is 20 minutes per respondent or recordkeeper, depending on individual
circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be addressed to
Reports Management Officer, Document Services Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, DC 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid
OMB control number.
ATF Form 3310.6
Revised April 2004
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U.S. Department of Justice —
Bureau of Alcohol, Tobacco, Firearms and Explosives
Office vfEnforcenseru Piogranzs and Services
For Theft /Loss Reporting Procedures,
See Back Cover
Workwi�ng for a
Safer and More
Secure America
t h� ro uq'www- h
E
I�nnovation and
Part�nershijja
to Prevent
FiNrearms Th*efts.
Safety and Security Information for Federal Firearms Licensees
Safety and Security Information
for Federal Firearms
Table of Content,
IMPORTANT: if a cries has occurred or if inventoty cannot be located,
turn this booklet over and follow the directions on the back.
ATF OFFICE/IIOTLINE TELEPHONE NUMBERS ................................. .............................ii
ATFOFFICE ADDRESSES ........................................................................... .............................ii
ATF STOLEN FIREARMS PROGRAM ....................................................... ..............................1
History..................................................................................................... ..............................1
Statutory and Regulatory Provisions ...................................................... ..............................I
The Three Program Areas ...................................................................... ..............................2
THEFT: Firearms Stolen from Inventory ........................................ ..............................2
LOSS: Firearms Missing from Inventory ........................................ ..............................3
INTERSTATE THEFT /LOSS: Firearms Lost or Stolen from Interstate Shipments .......... 3
LicenseeResponsibility........._. ................................................................ ..............................4
Trends.................................................................................................... ..............................4
Definitions................................................................................................ ..............................6
Federal Stolen Firearms Laws .................................................................. ..............................7
SAFETY AND SECURITY: Steps for Reducing Your Vulnerability
to Theft /Loss and Personal Injury ................ ..............................8
StructuralSecurity ................................................................................... ..............................8
InventorySecurity ...................................................................................... .............................10
EmployeeScreening .............................................................................. ..............................1
l
Safe Business Practices .......................................................................... .............................12
CustomerSafety .................................................................................... .............................14
DisasterPreparedness ............................................................................ .............................15
YourLocal ATF Office ........................................................................... .............................15
PROPERLY IDENTIFYING AND RECORDING FIREARMS ................ .............................16
Firearms Inventory Diagram ...................................................._............. .............................17
BasicFirearms Safety ............................................................................ .............................19
Non- Licensed Firearms Sales ................................:.............................. .............................20
Personal Firearms Record ...................................................................... .............................21
FFLTheft Warning ................................................................................. .............................23
GUIDE TO RECORDING SUSPICIOUS PERSON DESCRIPTION ...... .............................25
HOW TO REPORT A THEFT/ LOSS .............. ............................... ...........................Back Cover
Burglary, Larceny or Robbery ............................................................. .............................Al
MissingInventory ................................................................................ .............................A2
Interstatement Shipment Theft ............................................................ .............................A3
ATF F 33 10.11, Federal Firearms Licensee Theft /Loss Report .......... .............................A4
ATF F 3310.6, Interstate Firearms Shipment Theft /Loss Report ........ .............................A6
i
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Fireanns and Explosives • Office ofEnforcemenl Programs and Services
STOLEN FIREARMS HOTLINE .......................... ...........................TOLL FREE 888 -930 -9275
STOLEN FIREARMS PROGRAM FAX ........... . ................. ... ................... ........... 304 - 260 -3676
ATF 24 -HOUR HOTLINE........ ....................................................... TOLL FREE 800 - 800 -3855
LOCALATF OFFICE TELEPHONE NUMBER
ATF WEB SITE (FOR UPDATES AND TO DOWNLOAD FORMS):
www.atf.gov
ATF DISTRIBUTION CENTER (FOR FORMS AND PUBLICATIONS ) ...................301 - 583 -4696
ATF DISTRIBUTION CENTER
1519 CABIN BRANCH DRIVE
LANDOVER, MD 20785
STOLEN FIREARMS PROGRAM MAILING ADDRESS:
ATF STOLEN FIREARMS PROGRAM MANAGER
244 NEEDY ROAD
MARTINSBURG, WEST VIRGINIA 25405
ATF HEADQUARTERS MAILING ADDRESS:
BUREAU OF ALCOHOL, TOBACCO, FIREARMS and EXPLOSIVES
99 NEW YORK AVENUE, NE
WASHINGTON, DC 20226
IMPORTANT TELEPHONE NUMBERS:
CONTACT TELEPHONE FAX
Safety and Security Information for Federal Firearms Licensees
The Bureau of Alcohol, Tobacco, Firearms and Explosives' Stolen Firearms Program was formally
established on September 13, 1994, with the passage of the Violent Crime Control and Law Enforcement
Act of 1994. For more than 20 years before this Act, ATF had been accepting voluntary reports of
firearms lost /stolen from. interstate shipments. This law created a statutory requirement for Federal
firearms licensees (FFLs) to report the theft /loss of firearms from their inventories or collections.
Pursuant to the 1994 legislation, federally- licensed firearms dealers are required to report the theft /loss
of a firearm(s) from inventory or collection within 48 hours of the discovery of the theft or loss. In
order to manage this new reporting, to support law enforcement efforts to recover these firearms, and to
develop strategies to prevent future thefts /losses, the Stolen Firearms Program was created. ATF staff,
utilizing innovative databases, manage thousands of reports of theft /loss containing the records of more
than 200,000 firearms reported lost /stolen since 1994.
Although the 1994 law did not address firearms lost /stolen from interstate shipments, ATF continues to
maintain a program for the voluntary reporting of these thefts /losses. Under the ATF Stolen Firearms
Program, a new database was also created specifically to manage the information from these incidents.
In the years following the Act, ATF has used the information generated by the program to identify,
apprehend, and convict hundreds of firearms thieves. Thousands of stolen firearms have been
taken from the hands of criminals and returned to their lawful owners. In addition, the program has
highlighted the vital role that dealer security and sound inventory practices play in protecting licensed
dealers and in keeping firearms out of the hands of criminals. Licensed firearms dealers are the first line
in maintaining the security and lawful transfer of firearms.
The ATF Stolen Firearms Program is one of the means that licensees and law enforcement agencies use
to protect our communities. ATF has developed individual programs to focus on three distinct problem
areas: the criminal taking of firearms from Federal firearms licensees (theft); firearms in the inventories
of Federal firearms licensees whose disposition cannot be determined (loss); and, firearms lost /stolen
from interstate shipments. The operations of each of these programs; and the unique issues they address,
are explained in detail in this document.
The statutory requirement for reporting theft or loss of a. firearm from inventory or collection can be
found in 18 U.S.C. 923(g)(6) and states: `Bach licensee shall report the theft or loss of a firearm from
the licensee's inventory or collection, within 48 hours after the theft or loss is discovered, to the Attorney
General and to the appropriate local authorities."
The procedures for reporting are set forth in ATF Regulations, Part 478 - Commerce in Firearms and
Ammunition, 478.39a, Reporting Theft or Loss of Firearms. An expansive source of information
on Federal firearms laws and regulations is the Federal Firearms Regulations Reference Guide, ATF
Publication No. 5300.4, which can be obtained from your local ATF office or by calling the ATF
Distribution Center at 301 -583 -4696. This publication and many ATF forms are also available on ATF's
web site www.atf.gov.
U.S. Department of Justice • Bureau of Alcohol, Tobacco; Firearms and Explosives • Office of Enforcement Programs and Services
The ATF Stolen Firearms Program is limited to firearms as defined by 18 U.S.C. 921(a)(3). Although
property other than firearms (i.e., pellet and BB guns, black powder rifles, etc.) may be lost or stolen
from an FFL, the reporting requirements apply only to firearms as defined in the above -cited law.
The Violent Crime Control and Law Enforcement Act of 1994 did not provide specific definitions for
the terms "theft" and "loss" as applied to firearms in the inventories and collections of Federal firearms
licensees. In order to administer the law and regulations, ATF recognizes a clear distinction between
firearms taken in a crime and firearms whose dispositions are unknown due to administrative /record
keeping errors. The actions taken by ATF and by other law enforcement agencies are also distinctly
different when there is evidence or lack of evidence of a crime.
For this reason, ATF has recognized the Act's distinction between theft and loss as the distinction
between the presence or absence of criminal taking of firearms. In the following paragraphs, the
meanings of "theft" and "loss" under the Stolen Firearms Program are clearly set forth in two distinct
program areas.
The third program area has no enabling regulation. The interstate theft program addresses the many
difficulties faced when firearms that are being shipped fail to arrive at their intended destination.
Because the circumstances of their disappearance are so often unknown, it is not immediately clear
whether they were stolen or misplaced. For this reason, this program area addresses both theft and loss
under a uniform procedure, which is described in detail in the ensuing paragraphs.
THEFT (FROM ,A LICENSEE): Firearms Stolen from Inventory
Under the program, a "theft" of firearms occurs when one or more firearms are stolen from the inventory
of a Federal firearms licensee (FFL). The term "stolen firearm" is used to refer to a firearm, or firearms,
taken in a theft from a licensee. Under ATF's program, theft is divided into three distinct categories:
burglary, larceny, and robbery.
The legal definitions of these three categories of crime can vary from State to State. They do have a
common tie in that they all generally refer to the criminal taking of another's property. For program
purposes, ATF recognizes each State's respective legal definitions for these terms. Reporting licensees
should follow the State or local law enforcement authority's guidance in selecting which term applies.
The theft of firearms is a critical event and must be reported to the local enforcement authorities.
Although the law allows the FFL 48 hours to make the report, ATF recommends that FFLs contact ATF
and local law enforcement immediately upon the discovery that a crime has occurred. Expeditious
reporting can make the difference in law enforcement's ability to catch the criminals and recover the
firearms.
When submitting a report of stolen firearms to ATF, both the local police department that was notified
and the resulting police report number must be identified on the ATF report. Remember that it is
important to ensure individual safety and to preserve the crime scene for investigators.
(For reporting procedures turn to page A 1)
2
Safety and Security Information for Federal Firearms Licensees
0 111111111111111111111111 111111111111111111111111111111111
A "loss" of a firearm occurs when a licensee cannot determine the disposition of a firearm and cannot
locate it. The licensee's records will generally reflect an acquisition but no disposition. These
"lost" firearms are distinctly different from stolen firearms because, although they are "missing from
inventory," there is no indication that they were stolen. The Stolen Firearms Program includes the
statutory requirement that licensees must report any firearms missing from inventory to ATF.
Licensees must make the notification of firearms missing from inventory to ATF and to local law
enforcement within 48 hours of becoming reasonably certain that the firearms are missing. In many
instances, the licensee may be able to determine the disposition of firearms by conducting a thorough
inventory. If a complete inventory has been conducted, the FFL will be directed to conduct an
exhaustive review of all acquisition and disposition records, shipping records, and if applicable, all ATF
Forms 4473.
When all means available are exhausted, the licensee will be directed to submit a loss report to the
Stolen Firearms Program Manager.
(For reporting procedures turn to page A2
INTERSTATE THEFT /LOSS: Firearms Lost or Stolen from Interstate Shipments
An interstate "theft /loss" occurs when a firearm that was shipped through a common carrier, including
shipping and moving companies and the U.S. Postal Service, is lost or stolen while in transit. The
reporting of these incidents is not required by regulation but is strongly recommended as a best business
practice. ATF accepts voluntary reporting of the theft or loss of firearms from interstate shipments
completed by a licensee or non- licensee. ATF provides ATF Form 3310.6, Interstate Firearms Shipment
Theft /Loss Report, to assist in reporting. Under the program, ATF receives reports on hundreds of
firearms "lost" or "stolen" from interstate shipments each year.
Licensees are reminded that when shipments of firearms are received, it is a best practice to review the
shipment to ensure that it contains all of the expected firearms documented. It is also a best practice, upon
receipt of firearms, that their acquisition be recorded immediately. The acquisition of firearm(s) must
be recorded not later than the close of the next business day following the date of acquisition. Limited
exceptions to this requirement can be found at 27 CFR, Part 478.125 Record of receipt and disposition.
ATF provides this program to protect the public and to assist law enforcement in locating and recovering
stolen firearms and in prosecuting thieves. Since its inception in 1975, the program has proven to be
effective and successful in helping to solve numerous crimes and recover thousands of firearms. ATF's
Interstate Theft Program fills a gap in law enforcement jurisdiction that is created by the interstate nature
of these shipments.
That gap is created because the movements of these shipments make the point of theft /loss difficult
to determine. State and local law enforcement agencies often lack the jurisdiction or authority to
investigate these interstate movements, particularly when the point of loss has not been determined.
Most commercial carriers have established procedures under which they conduct a search for missing
items, including firearms. These internal searches are often extensive, and in many instances the
firearms are located and delivered to their intended destinations. When a firearm cannot be located, it is
considered stolen.
3
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Firearms and Explosives • Office offnfa-cenientPiogranis and Services
A smaller number of firearms fall into the "interstate loss" classification. If a cargo ship carrying
firearms sinks or a truck carrying firearms is destroyed, the firearms are considered "lost." Although
there is no indication of theft, an accident has occurred and as a result the firearms cannot be located.
Interstate Theft/Loss Reports may be filed by the shipper, by the carrier, and/or by the intended recipient
(consignee). It is not uncommon for an individual theft or loss to be reported by more than one party.
Reporting is not limited to licensed dealers. There are several scenarios under which non - licensed
persons may lawfully ship firearms in interstate commerce. A report may be filed by any person who
lawfully ships a firearm and experiences a theft or loss. For example, this would include the theft/loss of
a firearm during a change in residence wherein the firearm was being carried by a moving company.
The most active participants in the program are the carriers themselves. Commercial carriers do not
require a Federal firearms license to ship firearms, and many carriers actively participate in the program.
This close working relationship between ATF and the carriers has resulted in the recoveries of thousands
of firearms over the years.
Licensees who ship firearms are encouraged to amend their disposition record upon learning of a non -
receipt of a firearm by the receiving entity or consignee. (For reporting procedures turn to page A3)
LICENSEE RESPONSIBILITY
Lost or Stolen Firearms Pose a Threat to Public Safety
Report Theft/Loss within 48 Hours
Federal firearms licensees who discover the theft or loss of a firearm or firearms are required by law to
report the incident to the local law enforcement authority and to ATF within 48 hours. The distinction
between theft and loss is explained in depth in the preceding chapters, and the procedures to report a
theft or loss can be found by following the directions on the back of this brochure.
Protect Inventory
ATF recommends that Federal firearms licensees take every precaution available to protect their
firearms from theft or loss. This includes conducting periodic and thorough, physical inventories, then
reconciling the count to the book inventory. At a minimum, an annual inventory or its equivalent is
highly recommended. Physical security including alarm systems and safe business practices are also
highly recommended and in some cases may be required by State or local law. The following chapter
contains many tips and ideas that the licensee can utilize to enhance the safety of their inventory.
Report Firearms Violations
Federal firearms licensees may not knowingly transport, ship, or receive firearms with serial numbers
that have been altered, removed, or obliterated. Licensees also may not knowingly receive or sell stolen
firearms. Firearms taken on pawn or for resale that are determined to be stolen must also be surrendered
to the appropriate law enforcement authority. In all circumstances, licensees should. immediately report
violations to the appropriate law enforcement agency.
Thefts of firearms from federally licensed firearms manufacturers, importers, dealers, and collectors
continue to be a significant concern for law enforcement and for the general public. The ATF Stolen
Firearms Program is at the center of efforts by licensees to protect their inventories and by law
enforcement to capture and prosecute firearms thieves. These initiatives are greatly assisted when
ii
Safety and Security Information for Federal Firearms Licensees
licensees maintain accurate inventories and records and fulfill their legal responsibility to provide timely
and accurate notifications regarding any thefts or losses of firearms.
At the center of any effort to protect firearms fi•om theft is the process of accurate and reliable
inventories. When a firearm theft occurs, the records maintained by the owner are pivotal to the
recovery of those firearms and the prosecution of the thieves. Failure to conduct periodic inventories
and maintain accurate records leads to confusion regarding the true dispositions of firearms and can
result in false arrests and/or seizures of firearms mistakenly reported stolen. Law enforcement is greatly
assisted when Federal firearms licensees maintain accurate records of firearms inventories.
However, an accurate determination of the full extent of all firearm thefts and Iosses in America is not
possible. One of the leading factors is that there is no requirement that non - licensees report stolen
firearms. A second is that among those non - licensees that want to report firearms thefts and losses,
there is frequently an inability to accurately identify the firearms. Because of factors like these, there is
no law enforcement database or statistical collection protocol that was designed to track, or which can
accurately track, the numbers and types of firearms stolen outside of the regulated firearms industry.
Without accurate identification of these firearms, law enforcement officials face considerable obstacles
in investigating these firearms thefts. In contrast, firearms that are under the control of federally
licensed firearms importers, manufacturers, dealers, and collectors must be carefully inventoried and
identified. In 1968, Congress established specific marking requirements for firearms, so that they could
be identified and distinguished by law enforcement (see Properly Identifying Firearms, page 15).
Specifically, firearms manufactured after 1968 must be identified by make, model, caliber, serial
number, and other features that generally allow each individual firearm to be definitively identified and
uniquely distinguished from all other firearms (more information on required markings is available in
ATF Publication 5300.4, Federal Firearms Regulations Guide). Because the firearms industry utilizes
and records these required markings, if they experience a theft or loss, it can be accurately reported to
law enforcement and the firearms readily identified when recovered. Firearms taken in residential and
industrial burglaries, stolen from shipments, and otherwise taken illegally or simply lost, frequently go
unreported or cannot be fully documented because the firearms' individual descriptions were not fully
documented by their owners.
ATF has reintroduced ATF Publication 33 12.8, Personal Firearms Record (see page 21), to assist
firearms owners and law enforcement in correctly documenting and identifying lost or stolen firearms.
These pamphlets are available at no cost from the ATF Distribution Center (301 - 583 - 4696). Whenever
a firearm is sold to a non - licensee, we recommend that the FFL provide the buyer with a copy of
this publication. If a copy of the publication is not available, we recommend that the purchaser be
encouraged to keep a record in some form, including a full description of the firearm, separate from the
firearm's storage location.
ATF also works closely with the interstate carriers who ship and transport firearms, including the
U.S. Postal Service, to ensure that lost or stolen firearms can be identified and reported. A number of
these carriers have developed sophisticated protocols to ensure the safety of firearms shipments and to
accurately report any thefts or losses.
Although only Federal firearms licensees are required to report firearms thefts, the information being
received makes it clear that thefts are not declining. This trend underscores the need for licensees and
non- licensees to continue efforts to properly record firearm inventory and identification information,and5
to safeguard firearms from theft or loss.
U.S. Department of Justice • Bureau of Alcohol, Tobacco; Firearms and Explosives -Office ofEnforceneent Progranis and Services
DEFINITIONS USED IN THIS PUBLICATION
NOTE: Although the following terms may have many definitions, their
meanings within the Stolen Firearms Program are provided here.
Appropriate local authorities. These authorities are either the local police department, sheriff's office
or the State police agency having primary law enforcement responsibility for the licensee's business
premises.
Collection. Curio and relic firearms acquired by and in the inventory of a federally licensed collector
of firearms. For more information on curio and relic firearms, see ATF Publication 5300.11, Firearms
Curios and Relics List and ATF Regulation 27 CFR 478.93.
Common or contract carrier. The term "common or contract carrier" refers to any individual or
organization engaged in the business of transporting passengers or goods.
Consignee. The term "consignee" means the business or individual to whom the firearm(s) was
shipped, even if the firearm(s) is lost or stolen and never delivered to such business or individual.
Federal Firearms Licensee. A Federal firearms licensee (FFL) is any person, partnership, or business
entity holding a valid license issued under the authority of 18 U.S.C. 923, which allows them to "engage
in the business" of dealing (manufacturing, importing, selling retail or wholesale, repairing, or pawn
brokering) firearms. It also refers to collectors licensed under 18 U.S.C. 923. By law, all FFLs must
keep records of their firearms transactions. (See 18 U.S.C. 921(a)(21) for a definition of "engaged in the
business. ")
Firearm. As defined under Federal law, 18 U.S.C. 921(a)(3), the term "firearm" refers to (A) any
weapon (including a starter gun) which will or is designed to or may readily be converted to expel a
projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm
muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique
firearm.
Licensee. The term "licensee" refers to a Federal firearms licensee, also abbreviated "FFL."
Loss. The term "loss" refers to fireanns whose disposition is unknown but for which there is no
evidence of theft.
Shipper. The tern "shipper" refers to the business or individual who delivers the firearm(s) to the
common or contract carrier.
Stolen firearm. A firearm that has been taken from its lawful owner by the act of burglary, larceny, or
robbery.
Theft. The term "theft" refers to a specific criminal act or event in which a firearm, or firearms, are
stolen.
6
Safety and Security Information for Federal Firearms Licensees
Individual States, and localities, often have laws and ordinances that apply to the theft of firearms,
possession of stolen firearms, and the sale of stolen firearms. Be sure to familiarize yourself and your
employees with those laws that apply to your business.
Federal law also addresses stolen firearms and prescribes penalties for violations of those laws. The
following briefly sets forth some of the laws that apply specifically to federally licensed firearms dealers:
Unlawful to transport or ship stolen firearms. "It shall be unlawful for any person to transport or
ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having
reasonable cause to believe that the firearm or ammunition was stolen." 18 U.S.C. 922(i).
Unlawful to possess, store, sell or pawn stolen firearm. "It shall be unlawful for any person to
receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or
pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as,
which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign
commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the
firearm or ammunition was stolen." 18 U.S.C. 9220).
Unlawful to steal a firearm from a federally licensed firearms dealer. "It shall be unlawful for
a person to steal or unlawfully take or carry away from the person or premises of a person who is
licensed to engage in the business of importing, manufacturing or dealing in firearms, any firearm in the
licensee's business inventory that has been shipped or transported in interstate or foreign commerce."
18 U.S.C. 922(u).
Fines and imprisonment up to 10 years for stealing a firearm. "A person who steals any firearm
which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be
imprisoned for not more than 10 years, fined under this title, or both." 18 U.S.C. 924(1).
Fines and imprisonment for stealing a firearm from a licensed dealer. "A person who steals any
firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be
fined under this title, imprisoned not more than 10 years, or both." 18 U.S.C. 924(m).
Contact your local ATF Field Office for more information on these and other laws and regulations that
apply to the theft of firearms.
7
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Fireanns and Fxplosives • Office of Enforcement Programs and Services
�� :21MM
Each year ATF receives thousands of reports of theft /loss from federally licensed firearms dealers.
These reports document more than 25,000 firearms that are stolen or whose disposition is unknown to
these businesses. It is clear that criminals target businesses that sell firearms. Experience has shown
that in many instances, the thieves spend a considerable amount of time evaluating these businesses to
determine and capitalize on their vulnerabilities.
Although it may be impossible to balance an impenetrable security system with the requirements of
a business that receives and transfers property openly to the public, there are many steps that can be
taken to diminish risk. The following text sets forth six areas available to the licensed firearm dealer for
guidance and assistance in avoiding theft /loss and preventing personal injury. Some of these ideas can
be implemented at no cost while others may involve considerable investment. If circumstances warrant
it, obtaining sufficient security may cause you to consider moving to a more secure building or location.
Read through the following text, think about how each point may apply to your business, and determine
which steps are right for you.
STRUCTURAL SECURITY
o Structural security is a combination of the physical characteristics of your business facility and
its location. A thorough evaluation of your structural security should be done on a regular basis.
Look at the physical structure of your building and consider the position your business occupies
within the context of adjoining businesses. Can the roof of your establishment withstand
an attempted break in? Does poor or absent structural security make your establishment an
attractive target, and consequently, the most likely victim of criminals or criminal opportunity?
o Evaluate your business location. Have property crimes been recurring or increasing in your
area? Is your business in a rural area in which a crime is unlikely to be witnessed and in which
police response time may be slow? Have you already been a victim of theft/loss? If so, your
business location may require you to increase your security measures by following some of the
ideas below:
o Evaluate your door and window locks. Can any door or window be opened from the outside
without keys? Do any former or non - employees have access to keys? Are keys stored or kept
near the container or door for which they are used? Have any of your business keys been lost or
stolen? If so, it is time to replace, re -key, improve locks, and improve procedures for storing and
tracking keys.
o Evaluate your windows and doorjambs. Can any of these be opened or broken through from
the outside with minimal force? Is it time to reinforce or replace windows and/or doors? It
may be important to invest in burglar bars or roll -down security gates on windows, doors, and
vents. Barriers such as concrete filled posts or large cement planters may deter thieves who
would consider using a vehicle to smash into the building to gain access. Consider replacing any
exterior hollow core doors with solid metal or sheet metal faced solid wood doors. Also consider
N.
Safety and Security Information for Federal Firearms Licensees
steel doorframes, long throw dead bolts, and welding or preening any hinge pins to prevent their
easy removal.
o Evaluate other unsecured openings. Does your premises have air conditioning units in open
windows or a hole in an exterior wall? These units are easily removed, and many theft entries
are made in this way. Are chimneys and other vents blocked or narrowed sufficiently to prevent
entry?
o Evaluate the walls and ceilings. In many instances of theft, criminals have ignored doors and
windows and cut through adjoining walls or the ceiling to gain access. In some cases, the wall
next to the doorway was simply pushed through. Poorly protected adjoining businesses also
provide an easy entry point for criminals who choose to go through unreinforced walls. This
form of entry may have a second unintended negative effect in that it may avoid triggering
the alarm system. A common precaution is the installation of floor to ceiling steel mesh in the
gun vault and in exterior walls. If circumstances warrant it, consider moving to a more secure
building.
• Evaluate exterior lighting and surrounding structures, shrubs, and trees. Is your business
and the surrounding area well lit at night? Are there areas in which criminals can conceal
themselves to monitor your business and by which they could enter /leave the building unseen or
under the cover of darkness? Are there structures or objects such as trash cans or dumpsters next
to the building that may provide cover or easy access to the roof or windows?
• Evaluate the front windows and entrance. Can employees see persons approaching the
store or vehicles parked outside? Can passersby see into the store or are persons inside the
store concealed from public view so that a robbery would be undetected while it was being
committed?
• Obtain an alarm system. There is no logical justification for a firearms business to be
unalarmed. Most alarm companies will evaluate your needs and make recommendations at no
cost. A simple system is far less expensive than the cost of replacing inventory. Many States
require an alarm system on specific types of businesses, particularly firearms dealers. Are you in
compliance with State and local law on your alarm system and other security requirements?
• Evaluate your existing alarm system. Is it sufficient for the nature and size of your business?
Are all points of entry protected? Do you have, or need, a panic button? Tamper alarm?
Cellular backup (cellular backup is considered an industry standard to protect during power
failures and /or if power /phone lines are cut)? Have you tested the system on a regular basis?
Who is on the call list and are the phone numbers correct and current? Have you met with the
local authorities to agree on protocols when the alarm is tripped? Have you had a series of
apparent false alarms? If so, is the problem in the system, or is your response procedure being
studied by a savvy criminal?
• Protect your alarm codes. Have you limited the number of people who know the codes?
Are your codes unrelated to family names, numbers, and other easily recognizable names and
number sequences? Do you change the codes on a regular basis and whenever there is employee
turnover? Have you written the codes where they are easily accessible to thieves or unauthorized
employees?
E
U.S. Department of Justice • Bureau of Alcohol, Tobacco; firearms and Explosives • Office of Enforcement Programs and Services
o Evaluate the need for or condition of your video camera system. Having video cameras can
have a significant deterrent effect on crime. They can also be instrumental in solving thefts. Do
your cameras face in a direction that will capture people's faces and features? Are you recording
at all times? If your recorder is a VCR, do you have fresh videotapes, or have they been used
hundreds of times? VCR tapes lose their integrity with repeated recording. It may be time to
switch to a digital recorder whose picture quality is far superior and will not degrade over time.
In some instances, insurance savings may offset updating obsolete or inferior equipment. Is your
recording system in plain view or protected from view, tamper and /or theft?
o Evaluate the installation of a remotely activated electronic security entrance. Would there
be value in screening customers to prevent access to suspicious persons? Businesses in or near
high crime areas and those who have already been a victim of a crime may want to give this
some serious consideration.
o Evaluate the business -hours store layout. Are unsecured firearms displayed within reach of
customers? Does your business have blind spots in which customers can access inventory? Are
display cases kept locked unless an employee is displaying a firearm or other item from that
case? Are there times /situations wherein all employees have their backs to customers? Do any
business activities require that employees enter the rear of the store /storage locations, leaving
customers unattended?
o Evaluate after -hours business layout. Have firearms and ammunition been secured? If
thieves break into the store, are firearms readily accessible or are secondary measures in place
(i.e. firearms secured by locking cable, etc.)? The best business practice is to remove all
firearms from display cases and racks and place them in a gun vault at night. As an alternative,
some businesses utilize reinforced display cases with shatterproof glass.
o Evaluate the level of security provided by an answering machine. Avoid using the answering
machine to announce weekends and other times when you will be out of town. When the
message says you are closed so that you can attend a show, the underlying message is that your
business is unprotected.
INVENTORY SECURITY
Inventory security is the way in which business merchandise and equipment is accounted for from the
date it is received (acquired) by the business to the date of its disposition (sale, trade, etc.). At the core
of inventory security is the practice of complete and consistent documentation. For firearms inventory,
accurately completed ATF Form 4473 forms and an up -to -date and accurately completed Acquisition
and Disposition Record are required by law. The following additional steps are recommended practices
to help protect inventory:
o Conduct periodic physical inventories and reconcile to book inventory. Complete physical
inventory counts and reconciliation to book inventory enable an FFL to know which firearms
have been transferred legally and which firearms may have been lost /stolen. This includes
ensuring that all firearms in inventory are recorded in the Acquisition and Disposition book and
that for all open entries in the book, there is a firearm. The frequency of inventories may be
dictated by the nature of the business, but at a minimum, an annual "floor to ceiling" inventory
is recommended. Without reliable records, it is impossible to determine if firearms have been
transferred or are still in inventory. If this cannot be established and a crime occurs, the licensee
10 will not be able to provide ATF and /or the local law enforcement authorities with an accurate list
Safety and Security Information for Federal Firearms Licensees
of stolen firearms. An inaccurate report could result in the arrest of an honest citizen or freedom
from prosecution for a criminal. Without reliable records, you may not even become aware that
a crime has occurred.
o Accurately record your physical inventory in your records. Remove firearms from
containers /boxes when recording acquisition. An accurate inventory must include physical
comparison of firearms with the acquisition description. Many times firearms are shipped that
do not match firearms listed in shipping manifests. The markings on firearms boxes can bear
markings that are different than those which appear on the firearms. Do not rely on packaging
or labeling to record firearms acquisition.
• Require two -party inventories. Never allow one person to have singular oversight of any part
of your business, including sales transactions, handling monies and particularly the inventory
process. Many internal thefts stem from situations in which a single person was in control of
the physical firearms inventory and /or records. In addition to incorporating a second party in a
regular review of the acquisition and disposition records, physical inventories should always be
conducted by at least two persons.
• Protect your inventory records. Thefts of firearms often include the theft of records. Some
criminals are aware that the records may be the only way to determine which firearms were
stolen. Secure records after hours in a location separate from the firearms inventory.
• Deep timely acquisition and disposition records. Federal regulations generally require that
acquisitions be recorded by the close of the next business day, and that dispositions be recorded
within 7 days. However, it would be safer to record them at the time the firearms transaction
occurs. If you are a victim of theft, having current records is essential.
• Examine each shipment of firearms that you receive. Federal law requires that common and
contract carriers who deliver firearms in interstate commerce obtain written acknowledgement
of receipt from the actual recipient. Before you sign, examine the shipment. Determine, at a
minimum, that the number of firearms indicated on the carrier's documents is the number you
received. A best practice would be to open each package to verify that the shipment matches the
order exactly.
• Keep display cases locked at all times. This is a standard practice in the jewel y trade, another
industry that is prone to shoplifting and internal theft.
EMPLOYEE SCREENING
The same care that is given to the safe handling and storage of firearms should be given to the selection
of the people whom the licensee authorizes to do that work. Reluctance to embarrass or offend strangers
or acquaintances must be set aside to ensure the security of the business. It is neither lawful nor in
the licensee's interest to knowingly allow a prohibited person to possess firearms or engage in firearms
sales. The importance of conscientiousness and trustworthiness is underscored by the high level of
responsibility placed upon persons who are in a position to transfer firearms.
o Institute an employee screening process. ATF recommends conducting background checks on
all employees and applicants (even relatives). Many private companies are available to perform
these checks on a fee basis. Background checks should be repeated after an established period
of time has elapsed. Applicants /employees should also provide references. These references 11
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Firearms and Explosives • Office ofEnforcenient Programs and Services
should be contacted, interviewed, and asked to provide the names of other potential references,
not listed by the applicant /employee.
o Require proof of identity. Require that each applicant /employee produce a government- issued
identification card — a driver's license, for example — and a social security card.
o Discuss questions with the local police or ATF. If it appears that an applicant or employee
may not be eligible to possess or transfer firearms, the local police or local ATF office should be
contacted for guidance. (For assistance in locating the nearest ATF office, visit the Web site at
http://www.atf.gov/field)
SAFE BUSINESS PRACTICES
Safe business practices are the least expensive and perhaps the most immediately beneficial steps
that the licensee can take to limit the risks of becoming a victim of crime. As with all of the
recommendations in this pamphlet, the following methods and ideas have proven to be effective for
many licensees. A structured training program is also recommended to implement and encourage safe
business practices and procedures among employees.
o Familiarize yourself with State and local ordinances. Many jurisdictions have established
security requirements for businesses, some specifically for businesses that sell firearms. Many
jurisdictions require by law that a working alarm system be installed in your business.
o Show only one firearm at a time to a customer. If the customer requests to handle another
firearm, secure the first firearm before displaying another. If the firearms are kept in a locking
display case or other security device, ensure that only one firearm is unlocked or unsecured at a
time.
o Disable display firearms. Use trigger locks or plastic ties to ensure that the firearms cannot be
loaded or fired while being examined. In some situations, the best practice may be the removal
of the firing pin. Another best practice to consider is placing display firearms in a safe at night, a
protocol followed by most jewelry stores.
o Do not leave a customer who is handling a firearm unattended. If an employee leaves
a customer who is handling a firearm, control of that firearm has been relinquished to the
customer. To prevent this, instruct your staff to return a firearm to its storage location before
leaving the customer unattended.
o Keep ammunition stored separately from the firearms and out of the reach of customers.
This practice can help eliminate shoplifting of ammunition and help ensure that firearms remain
unloaded while on display.
o Do not meet with customers after hours or off site. This is particularly important if the
customer asks that some firearms be brought to the meeting. Advise your local ATF office of any
such requests and provide them with the identity of the requestor.
o Wipe down all countertops and doors each night. A clean surface makes it easier to capture
and preserve fingerprints. Those fingerprints could be the difference between an unsolved crime
and capturing the criminals.
12
Safety and Security Information for Federal Firearms Licensees
o Do not keep large sums of cash on hand. Keeping large sums of cash during business hours or
at night creates an opportunity for your business to experience a substantial financial loss. Limit
the amount of cash on hand by making regular deposits. You may want to consider recording the
serial numbers on paper money left in the cash register at night. Store this record away from the
cash so that if the money is taken, it can be more easily tracked.
o Do not leave counter and safe keys in the cash register at night. Many burglaries have been
made worse by ready access to keys left in the cash register. The cash register is logically one of
the first targets in a burglary.
o Ship firearms in a way that requires signatures or recording of transfers. In many cases, the
most inexpensive means of shipping provide little accountability. Using a shipping method that
includes some form of tracking is strongly encouraged. Ask the carrier if and how each point of
transfer will be documented. Detailed documentation makes it easier to track a lost or damaged
shipment. When shipping a firearm, using a method that is most reliable is suggested.
o Provide safety and security training for your employees. Ensure that they know what to do
if a crime is committed or discovered. Prepare a specific procedure for them to follow. Post
important telephone numbers and keep procedures where they can be readily utilized (this
booklet, if opened from back to front, contains a recornmended series of steps in the event of
a theft or loss). Explain the importance of protecting keys, combinations, codes, alarm system
features, and any other security plans or procedures you have. Advise your employees not to
reveal this information to non - employees, including family members.
o Familiarize your employees with firearms laws. Sales personnel must be shown, understand,
and be able to explain the firearms laws that apply to them and to your customers. Ensure that
they understand how to make a lawful transfer and what transactions to avoid. For assistance
with this type of training, you can request a "Don't Lie for the Other Guy" package from your
local ATF office and visit the Internet learning theatre on the ATF Web site www.atf.gov . You
can also contact your local ATF field office to inquire about FFL seminars (http: / /Nvw�v.atf.gov/
field).
o Record the description of suspicious persons and their vehicles. If an individual, or
individuals, raise your suspicions or specifically ask you to assist them in subverting the law,
record their identification, their physical description and the vehicle description and license
plate, if you can safely do this (a suspicious person guide can be found on page 25). Criminals
frequently visit the stores they intend to victimize before the crime in an effort to assess their
target. Many crimes have been solved through physical and vehicle descriptions recorded by
employees and witnesses who grew suspicious of a person or a customer's actions, questions, or
activity.
o Post the Theft Warning Notice in a conspicuous location. This publication contains, on page
23, a theft warning notice that can be removed and placed in a window or other conspicuous
location. A lunchroom or other area frequented by business staff should also be considered as a
beneficial location for this warning.
o Request the assistance of the local law enforcement authorities. Contact your local police
department and request a visit for safety and security advice. Ask if there have been any thefts in
the area or patterns of theft to which you may be vulnerable. Develop a relationship with the Iaw
13
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Firearms and Explosives • Office of Enforcement Programs and Services
enforcement officers who work in the area that includes your business. Offer your parking lot to them
at night. Obtain the best telephone numbers to use in emergency and non- emergency situations.
o Strictly control firearms at gun shows. Prepare an inventory of all firearms removed from
the store for display or sale at a gun show and store the list separately. ATF recommends that
you not take your acquisition/disposition record to the gun show if you will be returning to
your premises in time to record your transactions as required by law. Thoroughly record all
transfers and make those entries as soon as you return from the show (see 27 CFR 478.125(e) for
guidance).
o Do Not advertise that your business is unprotected. Avoid leaving a sign in the window or
a message on your answering machine announcing that you will be closed or are out of town.
This only puts every friend and stranger who reads or hears it on notice that your store may be
unattended for several days.
CUSTOMER SAFETY
Purchasers of firearms inherit the significant responsibility of protecting themselves and the public from
theft or loss of their firearms. Federal firearms licensees have an opportunity to provide information and
products that can help purchasers with this responsibility. Please review the following suggestions:
o Insist on complete firearms safety. By demonstrating safe firearms handling, including clearing
and unloading procedures, customers have the opportunity to learn and repeat these firearms
safety procedures after they leave your store. This is the highest form of customer service.
Include a copy of the Disposition of Firearms flier shown on page 20 to assist purchasers in
complying with Federal laws relating to firearms ownership and transfer.
o Recommend safe storage methods. Federal law requires that firearms safety or locking devices
be available for purchase and provided to anyone purchasing a firearm. We recommend that
you advertise these to your customers for storing their firearms. Advise customers to take their
firearms directly home rather than leave the firearms in their vehicle while taking care of other
errands. Remind your customers that firearms should always be unloaded when being stored.
o Personal Firearms Record. Provide customers with a free copy ofATF Publication 3312.8,
Personal Firearms Record. This pamphlet was developed to provide firearms owners an easy
and complete way to maintain a record of their firearms. In the event of theft or loss, the
firearm(s) can be fully identified for law enforcement and for insurance purposes. (A sample of
this pamphlet can be found on page 21.)
iv,
Safety and Security Information for Federal Firearms Licensees
DISASTER PREPAREDNESS
Every business should have a disaster plan. Federal firearms licensees have a double interest in having a
plan in place because they need to safeguard their business to facilitate a quick recovery, and they need
to protect the public from the risk of theft /loss of firearms and ammunition in the event of a disaster.
The following suggestions can form a guide for developing a plan to follow in the event of impending
disaster:
• Create and maintain a current set of records (and consider a second set maintained at a second,
secure location) that includes: insurance policies; supplier and contact list; computer records
backup; and a second set of business records.
• Create a list of employee phone numbers and establish a plan under which, in the event of a
disaster, they have a phone number to call to report that they are OK.
• Secure your inventory. Utilize safes and cable locks that can retain and protect inventory.
• Perform a full inventory and take Acquisition and Disposition records to a safe location until the
threat has passed.
• Make your disaster plan "multi - hazard" by taking into account each possibility: fire; tornado;
hurricane; flooding; looting; etc.
• ATF can approve variances to move business operations (including NFA firearms) in special
circumstances, which can include impending natural disasters.
• For more information on disaster preparedness, request a copy of ATF Publication 3317.7,
Disaster Preparedness for Federal Firearms Licensees from the ATF Distribution Center by
calling 301 -583 -4696.
YOUR LOCAL ATF OFFICE
The local ATF office can be an invaluable resource for information and assistance in the safe and
compliant operation of your business. This office should be your first point of contact with questions
regarding anything associated with your Federal firearms license. The local office can also assist you in
the preparation of the theft /loss reports that must be submitted to the Stolen Firearms Program Manager.
(For assistance in locating the nearest ATF office, visit the Web site at
http://www,atf.gov/field).
15
U.S. Department of Justice • Bureau of Alcohol, Tobacco, F ireanns and Explosives • Office ofEnforcenrent Programs and Services
In order to conduct business, the FFL relies on the accurate description of firearms and the timely
recording of acquisition and disposition. Without this, law enforcement agencies are forced to rely
on inaccurate information when they endeavor to investigate firearms thefts. Inaccurate and missing
records also impact the ability to determine ownership of recovered firearms and their return to the
lawful owners.
In 1968, Congress established unique marking requirements for all firearms imported into or
manufactured within the United States (see 27 CFR 478.92(a)(1) and 27 CFR 478.102). Unfortunately,
marking requirements that existed before 1968 did not apply to all firearms and, in particular, allowed
for duplication of serial numbers. Many thousands of firearms manufactured and imported prior to
1968 bear no serial numbers, product codes, patent numbers, or other markings that appear to be serial
numbers. Some of these pre -1968 firearms bear virtually no markings at all. Licensees who receive
these firearms should note in each descriptive column in the acquisition record the physical marking that
appear on the firearms. If no serial number was placed on the firearm, it should be specifically noted that
"Firearm has no serial number." Remember, however, it is illegal to remove a firearm's serial number,
and a licensee should report such a firearm to the nearest ATF office.
Under the 1968 law, manufacturers and importers may not duplicate serial numbers. Both must utilize
or place a serial number that they have not used before, and may not issue again, on the firearm's frame
or receiver. The serial numbers themselves are generated by the licensee, and many are so unique that
their appearance can readily identify the manufacturer or importer.
To accurately identify a firearm, FFLs receiving firearms must record the Serial Number in their A &D
book. Be careful to use the number on the frame or receiver. Parts of the firearm, such as the slide or
barrel, may be marked with a part or model number, different fi•om the serial number.
The following additional information must be marked on the frame, receiver, or barrel of post -1968
firearms, and must be recorded in the A &D book: model (if such designation has been made); caliber
or gauge; name of the manufacturer (or recognized abbreviation); and importer (if applicable).
Although not required to be recorded in the A &D record, for domestically produced firearms, the
city and State (or recognized abbreviation) of the manufacturer's place of business, and for imported
firearms, the country of manufacture and the city and State (or recognized abbreviation) of the
importer's place of business must also be marked on the frame, receiver, or barrel.
This description of the marking requirements is brief and concise and may not guide you in the
identification of each firearm you examine. Refer to the diagram on the following page for more
guidance and contact your local ATF office for further assistance.
16
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Safety and Security Information for Federal Firearms Licensees
1. Treat every firearm as if it were loaded.
2. Always keep the muzzle of the firearm pointed in a safe direction.
3. Always keep your finger off the trigger and outside the trigger guard unless you intend to fire the
weapon.
4. Wear appropriate ear and eye protection when discharging the firearm.
If you have children in your residence, use child safety locks or other commercially available
locking mechanisms on your firearms and /or keep your firearms locked in a secure location
accessible to adults only. Keep your ammunition locked in a secure location away from the
firearms.
6. Become familiar with, and obey, all Federal, State, and local laws regarding the purchase,
possession, carrying, use, storage, and disposition/sale of firearms.
j
1. Always keep the muzzle pointed in a safe direction AND always keep your finger off the trigger
and outside the trigger guard while cleaning or unloading a firearm. (Consider obtaining a
commercially made firearm clearing barrel for safe clearing /unloading purposes.)
2. Remove the magazine or other source of ammunition.
3. Open the breech and visually as well as physically inspect the chamber to ensure the firearm is
completely unloaded.. Repeat this step twice to be sure the firearm is completely unloaded.
19
U.S. Department of Justice • Bureau of Alcohol, Tobacco, Firearms and Explosives -Office of Enforcement Programs and Services
r, ;
If you do not have a Federal firearms license and you later decide to sell, trade, transfer, or otherwise
dispose of the firearm(s) you have purchased, keep in mind the following basic guidelines contained
within the Gun Control Act (GCA) of 1968 that may apply to such dispositions:
1. The GCA prohibits persons from engaging in the business of dealing in firearms without a
license issued byATF (18 U.S.C. 92 1 (a)(1 1)(A)). A sentence of up to 5 years imprisonment
and/or a fine of up to $250,000 may be imposed on anyone found guilty of dealing in firearms
without a license. The GCA defines the term "dealer" in firearms as "a person who devotes
time, attention and labor to dealing in firearms as a regular course of trade or business with the
principle objective of livelihood and profit through the repetitive purchase and resale of firearms"
(18 U.S.C. 921 (a)(2 1)(C)). The term "dealer" in firearms does not include a person who
makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal
collection or for a hobby, or who sells all or part of a personal collection of firearms. In general,
the following applies to an unlicensed person:
❑ You may occasionally acquire or dispose of firearms to, and from, residents of your State
as long as this activity does not fall under the definition of "dealer" in firearms and as
long as the intended receiver of the firearm may legally possess the firearm.
❑ You may dispose of firearms to a licensed firearms dealer in any State.
❑ You may not acquire from or dispose of firearms to residents of any State other than your
own.
❑ You may not engage in the business of dealing in firearms without being licensed.
2. In addition, the GCA prohibits any person from:
❑ Selling or disposing a firearm to any person the transferee knows or has reasonable cause
to believe is under indictment for, or has been convicted of, a crime punishable by a term
of imprisonment exceeding one year; is a fugitive from justice; is an unlawful user of
or is addicted to any controlled substance; has been adjudicated as a mental defective or
committed to any mental institution; is an alien unlawfully or illegally in the U.S. or is a
nonimmigrant alien and no exception under 18 U.S.C. 922(y) applies; has a dishonorable
discharge from the Armed Forces; has renounced their U.S. citizenship; is subject to a
qualifying, court order for restraint; or has been convicted of a misdemeanor crime of
domestic violence (18 U.S.C. 922(d)).
❑ Transferring a firearm to any person who intends to use the firearm in a crime of violence
or serious drug trafficking offense (18 U.S.C. 924(h)).
❑ Transferring handguns or handgun ammunition to juveniles (persons under 18 years of
age) except for purposes of employment, military, hunting, or a safety course provided
the juvenile has a parent or guardian's prior written consent (18 U.S.C. 922(x)).
3. General Advice for non- licensed seller /purchaser: While it is not required by law, it is highly
recommended that the purchaser provide some form of identification and that this information,
along with the date, place of sale, and full firearms description be recorded. The purchaser
20 should keep this information in a location separate from the firearm(s).
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RECORDING GUIDE TO ,> w
DESCRIPTION
SEX RACE AGE HEIGHT WEIGHT WEAPON TYPE
HAIR I � A *?-," � I HAT (color, type)
JEWELRY I 1 1 lM P_A / I SHOES
AUTO LICENSE, MAKE, COLOR I DIRECTION OF TRAVEL
ADDITIONAL INFORMATION
*Be sure to describe appearance as well as location.
Make additional copies of this page and keep them in areas that are readily available to employees. 25
U.S. Department of Justice • Bureau of Alcohol, Tobacco; Firearms and Explosives • Office ofLnforceinentPrograms and Services
26
THIS PAGE
INTENTIONALLY
LEFT BLANK
•'411ir1:/ � 1: -. f!w'P'• 'n• :4•:!:4� 1)K ry. +,M/ !!.' 'YN .4.f • \..N 1. :d /5 i W •f %1 !I •'rNa ••(ygiY�l �. N!1•!:l i. .!•rl�+.IIW •YJr1 A r:(1'Y:f!dR!%xY \1!ii/ f:4b('/•il• +•f !iY' #.'.�:Rfl.•,1!'1. •:{�Sti'. 11 'V!6f! N •vlt '
From: steppenwoIf @hushmaiI.com
Sent: Thursday, February 14, 2013 3:20 AM
To: BSpector
Subject: Don't ban sale of guns in Los Gatos...
Follow Up Flag: Follow up
Flag Status: Completed
I find it appalling that the town council has decided to enact an emergency ordinance to ban future sale of guns in Los
Gatos. I think this sort of legislation goes against the Second Amendment and the Us Constitution. I think law abiding
gun owners and lawfully purchased guns are not the problem in a community, but the illegal firearms are. So why is your
ordinance aiming to victimize lawful gun shops like Templar Sports who have not done anything wrong?
I want you to not vote on this emergency ordinance and stop this Unconstitutional behavior form the council.
-Mr Steven Wolf-
ATTACHMENT 3
From: Kevin Keesler <ktkeesl @verizon.net>
Sent: Thursday, February 14, 2013 6;39 PM
To: Town Manager
Subject: gun and ammo ban
You do not have the right to deny anyone their second amendment right, especially a business who has fulfilled all the
legal requirements from the state and federal government, You should be spending your time trying to stop the
criminals that are causing all the problems, and not punish law- abiding citizens. You should be ashamed of yourself.
How would you like it if we banned your first amendment right? The second amendment is just as important as the first
amendment. The founding fathers of this country new the need for the second amendment. Self defense and
protection from tyranny. We are witnessing tyranny right now in the White House and also here in the California
legislature with Diane Feinstein. So, please think about what I wrote and stop punishing law abiding citizens and
businesses thank you, Kevin Keesler Concerned Citizen
From: Pamela Atwood <patwood @winterbourne.com>
Sent: Saturday, February 16, 2013 7:38 AM
To: BSpector; Steve Leonardis; Town Manager; Diane McNutt; Joe Pirzynski; Marcia Jensen
Cc: Stan Atwood
Subject: temporary emergency moratorium
Dear Maclaine Mayor and Members of the Los Gatos Town Council,
I was sitting in the audience Monday evening during the Council meeting. Many things surprised
me that evening but I will list just a few.
First, that the council could be swayed, or that the council could exhibit such a biased attitude in
agreement with the emotional anti -gun people. I expect our Town Council to be objective and not
to react every time we get a vocal minority voicing their dissatisfaction with our Constitutional
rights. The Federal Law's and the California State laws are very rigid and specific about who owns,
who sells, who manufactures guns in California. Templar Sports had already gone through all the
hoops that were needed before applying for a License in the Town of Los Gatos. Having completed
all that was necessary, it was licensed to begin business in Los Gatos. Templar abided by all
existing laws, which are far more demanding and detailed than this Council appears to understand.
Why have staff spend valuable time in researching something that is already so well controlled by
the rigorous state laws? This is a waste of their time and our money. I would respectfully urge you
to reconsider banning future gun sales in our town. My family, my husband, my grown son and his
wife and children all live and work in Los Gatos, and we believe very strongly in our Second
Amendment Rights. Law - abiding citizens should not be penalized for the criminal activities of
others. Secondly, our local police, whom I have great respect for, have a better understanding of
gun shops than anyone on this Council. The Town of Los Gatos would benefit greatly from the
revenue generated by Templar's sales. Why push the Los Gatos Citizens to Sports Warehouse on
Camden, or Kerley's on Steven's Creek, or Big 5 Sports. All of these stores sell guns. None of them
call themselves gun shops but all are law abiding shops that bring good revenue to their cities.
Lastly I would like to suggest that what makes Los Gatos special and unique is that it is totally self
contained. We have all that anyone in town could want or need in a Town. Los Gatos has a large
variety of clothing and shoe shops, to luggage, travel, real estate firms, restaurants of all varieties,
bridal shops, designer shops, coffee shops, gyms and other workout facilities, dance studios, unique
gift shops, furniture shops and now finally a sport /gun shop. I like to shop in Los Gatos, I like to
support our local merchants and I like having a Sports /Gun shop like Templar Sports.
1
Thar( you for considering my correspondence,
Pamela Atwood
16125 Greenwood Lane
Monte Sereno, CA 95030
psanwinterbourne . com
From: Marc R.Jacobs <marc @delaportal.com>
Sent: Saturday, February 16, 2013 6;53 PM
To: BSpector
Subject: Templar Sports
I find it appalling that you are taking such extreme measures to control something that the American public does not
want controlled. What we have here is a few politicians trying to take a public stand on issues they are uninformed
about but feel will get them votes during the next election.
Many politicians have the theory that only the military and police should have guns... why? First off one of these men is
a policeman. Additionally, I have many years of military experience, plus graduated from the San Bernardino Sheriff's
department academy. So, why should I not be allowed to buy a gun anywhere I want and especially from someone as
knowledge about the handling and laws regarding guns. And who would be better qualified to sell guns than a police
officer that is well trained and knows the laws regarding guns and their use. I wonder consider this a service to our
community. And yet you feel the need to exert a Los Gatos flavor of gun control without any due process.
I heard a saying recently that gun control is like trying to reduce drunk driving by making it tougher for sober people to
own cars. But, you don't hear ploticians trying to outlaw cars, and drunk drivers kill far more people in America than
guns.
And on the subject of what kills more... less people are killed by assault rifles, in fact any weapon, than are killed with
hammers, crowbars, and rolling pins. And again we hear nothing from our politicians. Why? It's not sensational enough...
it goes get people all wired up and you think it will get you votes.
Gun sales have done nothing but soar since politicians have started discussing controlling them. There are currently far
more guns in the hands of law abiding citizens than the US military has. Obviously, the public wants guns and it is not a
privilege to own them, it's a right. Trying to control the sale of them is ridiculous. When we want them, we WILL have
them.
There have been far more lives saved due to the use of guns in the hands of civilians every year than are killed by
criminals. And more importantly, more violent crimes are prevented yearly by gun owning citizens than by law
enforcement officers.
personally have no stake in this store or it's owner's at all. But, if "we the people" allow you take the right to buy guns
today, what will you try tomorrow?
As with most honest people, we have little faith in politicians, don't make us resent you even more before the next
election.
Marc R. Jacobs
Los Gatos resident
From: Vinsongasquet @aol.com
Sent: Sunday, February 17, 2013 1:12 PM
To: Town Manager
Subject: (no subject)
BETTER LATE THAN NEVER
Failure to support the 2nd amendment of the Bill of Rights in this great Nation of ours shows only cowardice and "nazism"
style of public control, that should not be allowed in our Country (PERIOD),
WHAT PART OF,"" SHALL NOT BE INFRINGED "' DO SHIN PEOPLE NOT UNDERSTAND,
Reiterate history of Country's that have given up, or lost these god given rights of self defense and preservation, there
violence rate and home invasions increased dramatically but, but the reports from the press blindly overlooked, misprinted
and misrepresented facts of the criminals success in attacking un armed homes and civilians of law abiding
sheepples, OF ALL COUNTRYS, OUR GREAT NATION STILL HAS THE NEED OF CITIZENS WITH THE FREEDOMS
THAT WE ALL READY HAVE! OTHERWIZE HOW ARE WE GOING TO PROTECT IT FROM ANTI - AMERICANS.
DO NOT BE A PART OF THE NUTERING THAT HAS FOULED OUR COUNRTYS HERITAGE
ALL AMERICAN WE STAND TOGETHER!!M ABLE TO FIGHTM!! OR WE FALL TO THE ANTI - CHRIST BEING
DIVIDED AND SHEEPLED AS SLAVES, THATS WHAT "UNHESHE" WANTS.
I HAVE FRIENDS THAT LIVE IN YOUR PROXIMITY AND BY WRITING THIS LETTER I AM SHOWING SUPPORT IN
THERE FAVOR FOR A SAFE AMERICA, A ARMED AMERICA. AS DO THEY, and the should be allowed a fully
equipped sporting goods store!!!!!
BOTTOM LINE,
WHAT COUNTRY DOES THIS COUNTY COUNCIL PRESIDE IN.
A TRUE AMERICAN PATRIOT SUPPORTS ALL BUSINESS A
PLACE TO SELL THERE GOODS.
SINCERELY, A TRUE AMERICAN AND A PATRIOT
From: McLLeFonT <mellefont @yahoo.com>
Sent: Tuesday, February 19, 2013 9:22 PM
To: mellefontt @gmail.com
Subject: Templar Sports!
Please do NOT restrict firearm dealers in my home town of Los Gatos. Templar Sports is a lawful
business that has every right to have their doors open in Los Gatos, California.
Tiffany Tamboury
From: wm. smale <rio_osobill @yahoo.com>
Sent: Wednesday, February 20, 2013 1:48 PM
To: Town Manager
Subject: Templar
Sir, As a Marine Vietnam veteran, who carried a M -14 in support of his country and also to defend my nations
freedoms, it;s Constitution and the Bill of Rights, and to protect the 2ns Amendment, I find it appallling that as
a city representative of this community you want to take away the 2nd amendment right of every law abiding
gun owner in the community. If you are intimidated by criminals taking over your community perhaps you
should put more effort into crime prevention. Your atttitude and actions are the prime reason why we have the
2nd Amendment, to protect us from tyranny, such as you are trying to evolve.
Bill Smale
From: Dave Millet <dmillet @olander.com>
Sent: Wednesday, February 20, 2013 4;44 PM
To: BSpector; Steve Leonardis; Town Manager; Diane McNutt; Joe Pirzynski; Marcia Jensen
Subject: Templar Sports, LG firearms retailers
Good afternoon,
I am writing a quick note to pledge my support of Templar Sports, a local firearms & sporting goods retailer. This
business has apparently complied with all local and State regulation in order to open here, as well as addressing the
reasonable and valid safety concerns of their immediate neighbors. We need to encourage fresh retail business to
sustain the services that these same self- righteous townspeople require.
As a 35 year resident of this Town I see no justifiable reason for the fear mongering that is taking place. In fact, without it
this business may have failed due to a lack of aggressive marketing and advertising. But I actually appreciate the
awareness that this anti -gun, anti - business campaign has brought to light. It may significantly increase the tax revenue
that this business can contribute to our Town budget. Hopefully their pending success will encourage you to be more
vocal in your potential future support of their enterprise.
Aside from the legal (and Constitutionality) challenges that would surely follow, there is simply no basis for the uproar
this business has generated. I would not support any recommendation or policy that makes a law- abiding business more
difficult to open and operate in this Town than the State of California currently requires.
Thank you,
Mr & Mrs Dave Millet (and friends)
Los Gatos, CA 95032
From: jennifer krach <jennkrachl @yahoo.com>
Sent: Tuesday, February 26, 2013 1;15 PM
To: Council
Subject: laws concerning gun sales
My name is Jennifer Kra,ch; I've been a resident of Los Gatos for 25 years, and have sent my three children through
our fine schools.
I attended both meetings regarding Templar Sports, but didn't stay till the bitter end for the first one, and as my
name was called for comment after I left, I didn't get a chance to speak. I did hear a lot, though, and at this point to
be succinct I'll just say that Mr. Zanardi and Ms. Farwell expressed my sentiments better than I could have.
If everyone would just step back and look at reality, we'd see that our children are much more likely to die of the
cumulative effects of the Doritos in their lunch boxes or driving in a car than will ever even be threatened by a gun.
The one issue I didn't hear raised was the financial liability the town will open itself up to if it indeed tries to restrict
legal gun sales. As you well know, twice San Francisco passed ordinances banning gun sales, and twice they were
overturned through legal challenges.
The second time, in 2008, resulted in a direct payment to the NRA and other challengers of $380,000, and the
estimate of indirect costs to the city in time and resources is estimated at another $400,000.
With such precedent, it would be irresponsible of the Los Gatos town government to pursue any actions that would
lead us down the same path. Likewise, it is irresponsible of the residents of Los Gatos to encourage it.
Sincerely,
Jennifer Krach
From: William J Kaschub [mailto:wjkaschub @comcast.net]
Sent: Tuesday, February 26, 2013 8:00 PM
To: Town Manager
Subject: Templar
This letter is submitted in response to the Town Council's (TC's) request to have Town Staff pursue the idea of having
Templar sign a voluntary operating agreement. Templar's attorney has said he and the store's owners are more than
willing to sit down and talk about an Operating Agreement (OA). The items below are submitted for those discussions.
OA 1- Federal Firearms License (FFL)
There are eleven (11) types of FFL's pertaining to the manufacture of firearms and
anununition or the interstate and intrastate sale of firearms. Templar applied for and
received a Type 7 license which specifies that it may not manufacture or deal in
destructive devices, ani nunition for destructive devices, or anununition or armor piercing ammunition.
Templar should agree not to "up- license" into the higher categories, Types 8 -11. Types 8
and 11 would allow it to become importers. Types 9 and 10 would allow it to become a
dealer and manufacturer specifically prohibited under its Type 7 license.
The residents in some -200 houses, condominiums, and apartments in the development
across the street from Templar should not have to fear the dangers inherent in destructive devices and explosives.
The TC should insist that Templar not "up- license ".
OA 2- Additional Prohibitions
Templar should also agree to the following not specifically listed above:
-not sell certain semiautomatic rifles, handguns, and shotguns that can
accept a detachable magazine and have 1- military characteristic
-not sell semiautomatic rifles and hand guns with a fixed magazine that
can accept more than 10 rounds
-move from a 2- characteristic test to a 1- characteristic test
- eliminate easy -to- remove bayonet mounts and flash suppressors
from the characteristics test
-not sell firearms with "thumbhole stocks" and "bullet buttons" to address
attempts to "work around" prior bans
-not sell large- capacity ammunition feeding devices capable of accepting
more than 10 rounds
These bans and eliminations would ensure that Templar remains only a dealer of sport and hunting guns and related
products.
OA 3- Monitoring Compliance
An examination of ordinances in six cities /towns in California and the Model Law of the
Legal Community Against Violence shows that responsibility for compliance of gun
shops /dealers is placed with the Chiefs of Police /Sheriffs. "Compliance" is rum-ling the
gun outlets in accordance with federal, state, and local laws.
Los Gatos is unique because Todd Fleming is an owner on Templar and an active
member of the LGPD reporting when on duty to the Chief of Police. In the eyes of many
residents of Los Gatos "serving two masters" wilt sometimes involve conflicts of interest,
real or perceived.
More importantly, there will be an actual conflict of interest if the Chief of Police is
the person charged with making certain Templar is operating according to the applicable
laws. To avoid these real or perceived conflicts, there must be a separate regimen to
ensure Templar is playing by the rules in all of its business activities. This is particularly
important when it provides sales and service to the LGPD and other law enforcement
sheriff and police departments.
Templar should be required to retain a firm with Certified Public Accountants (CPA's).
CPA's would review business methods and establish a computerized system that would
track all sales; reconcile inventories; determine taxes due, etc. More particularly, there
would be emphasis on sales to other law enforcement departments to make certain those
sales and billings are to those law enforcement customers and not to regular non - enforcement customers. Final results of
periodic reports would be sent to the town's financial officer.
Los Gatos residents and the Town Council did not create the conflict of interest problems
that surround Templar, and they should not have to wonder what's being done in Templar's day- to -day business.
Respectfully submitted,
William J. Kaschub
320 Massol Ave.
Los Gatos, CA 95030
From: Terry Ramirez <tramirez5l @hotmail.com>
Sent: Tuesday, February 26, 2013 10:04 PM
To: Council
Subject: Support Letter
Attachments: Suport letter for Templar.doc
Please see the attached letter in support of Templar Sports to be addressed at your Town Council meeting on March 4th.
Thank You
wpr 'n]
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461 Las Viboras Rd
Hollister, Ca 95023
(831) 635 -9147
February 26, 2013
Dear Council Members;
I am writing on behalf of the Faultline Shootist Society, a Cowboy Action Shooting Club.
Our members want you to know that we, as law abiding citizens, completely support
Templar Sports as a new business in Los Gatos. We believe it would be wrong to put any
restrictions on the business should they decide to expand or relocate within the town
limits. We are aware the business is owned by people who live in Los Gatos, have
children in schools in Los Gatos, and work in Los Gatos. In these tough economic times
we believe assisting a business succeed and thrive and thereby provide employment and
tax revenue for the city would be a high priority for any public official. The owners of
Templar Sports have gone above and beyond in regards to their commitment to safety
and security in their community. We sincerely hope you will understand our position and
will share this view which we believe to be the position of the majority of town residents
that reside in Los Gatos.
Thank you for your valuable time,
Joe L. Ramirez, President
Faultline Shootist Society
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February .15, .1013
Ms, Maggie Creighton
Post Office Box 1030
Los Gatos, California 95031
Dear Maggie,
RECEIVED
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Thank you for your letter regarding Templar Sports in Los Gatos and for sharing your
concerns with me about the opening of a firearms dealer in the community.
As you may know, I've vigorously supported measures to reduce gun violence in our country
for over three decades. 1 voted for the original Assault Weapons Ban that was in place from
1994 to 2oo4, and fought unsuccessfully to renew it, I'm now a cosponsor of Senator
Feinstein's bill to reinstate a strengthened version of this legis[ation, I'm also a cosponsor of
the Large CapacityAmmunition Feeding Device Act and the Stop Online Ammunition
Sales Act, which would ban the large ammunition magazines frequent[y used in mass
shootings, and prohibit online sales of ammunition, respectively,
The unspeakable tragedy in Newtown/ Connecticut, has made it painfully clear that our
country is long overdue for meaningful action to reduce gun violence, and I will continue to do
everything I can to make this a reality. As for the issue at hand locally, I believe the City
Council should allow a full public discussion of this matter, and I'm pleased that Mayor
S pector called a Counci I meeting to do j ust that.
Again, thank you for contacting me. I will continue to follow this issue closely as it moves
forward, and I'm hopeful that it will be resolved in a fait, transparent manner.
Most to f uI[Yi
hoo
Member