text:
Subdivisions (b) and (c) of Section 32310 do not apply to the following:

(a) An individual who honorably retired from being a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or an individual who honorably retired from being a sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. For purposes of this section, “honorably retired” has the same meaning as provided in Section 16690.

(b) A federal, state, or local historical society, museum or institutional society, or museum or institutional collection, that is open to the public, provided that the large-capacity magazine is unloaded, properly housed within secured premises, and secured from unauthorized handling.

(c) A person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition, and possessed it no longer than necessary to deliver or transport it to the nearest law enforcement agency.

(d) A forensic laboratory, or an authorized agent or employee thereof in the course and scope of his or her authorized activities.

(e) The receipt or disposition of a large-capacity magazine by a trustee of a trust, or an executor or administrator of an estate, including an estate that is subject to probate, that includes a large-capacity magazine.

(f) A person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds 10 or fewer rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm.

history: (History: Added by Stats. 2016, Ch. 58, Sec. 4. (SB 1446) Effective January 1, 2017. See same-numbered section added November 8, 2016, by Proposition 63.)

title: 4. FIREARMS


kind: section

code: PEN

text: Section 32310 does not apply to the sale, purchase, or possession of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.

history: (History: Amended November 8, 2016, by initiative Proposition 63, Sec. 6.5.)

title: 4. FIREARMS

chapter: 5. Large-Capacity Magazine

path: 4. FIREARMS > 5. Large-Capacity Magazine > 2. Exceptions Relating Specifically to Large-Capacity Magazines


text:
Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:

(a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.

(b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.

history: (History: Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

title: 4. FIREARMS

article: 2. Exceptions Relating Specifically to Large-Capacity Magazines


text:
Section 32310 does not apply to any of the following:

(a) The lending or giving of any large-capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.

(b) The possession of any large-capacity magazine by a person specified in subdivision (a) for the purposes specified in subdivision (a).

(c) The return to its owner of any large-capacity magazine by a person specified in subdivision (a).

history: (History: Amended November 8, 2016, by initiative Proposition 63, Sec. 6.7.)

title: 4. FIREARMS


text: Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit.

history: (History: Amended by Stats. 2016, Ch. 58, Sec. 8. (SB 1446) Effective January 1, 2017.)

title: 4. FIREARMS


text:
Section 32310 does not apply to any of the following:

(a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state.

(b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business.

(c) The possession of any large-capacity magazines by the employees of an entity specified in subdivision (a) for purposes that pertain to the entity’s armored vehicle business.

(d) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b).

history: (History: Amended November 8, 2016, by initiative Proposition 63, Sec. 6.8.)

title: 4. FIREARMS


text:
Section 32310 does not apply to any of the following:

(a) The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.

(b) The manufacture of a large-capacity magazine for use by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer’s duties.

(c) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.

title: 4. FIREARMS


text: Section 32310 does not apply to the loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.

title: 4. FIREARMS


text:
Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes:

(a) For use solely as a prop for a motion picture, television, or video production.

(b) For export pursuant to federal regulations.

(c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.

history: (History: Amended November 8, 2016, by initiative Proposition 63, Sec. 6.9.)

title: 4. FIREARMS


text: Section 32310 does not apply to the sale, gift, or loan of a large-capacity magazine to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, nor to the possession of, or purchase by, the person, for purposes of participation in the course during his or her period of enrollment. Upon completion of the course the large-capacity magazine shall be removed from the state, sold to a licensed firearms dealer, or surrendered to a law enforcement agency, unless another exemption to Section 32310 applies.

history: (History: Added by Stats. 2017, Ch. 783, Sec. 4. (AB 693) Effective October 14, 2017.)

title: 4. FIREARMS


text:
Nothing in this chapter shall affect or apply to any of the following:

(a) The sale to, purchase by, or possession of machineguns by a police department, a sheriff’s office, a marshal’s office, a district attorney’s office, the California Highway Patrol, the Department of Justice, the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the discharge of their official duties, provided, however, that any sale to these entities be transacted by a person who is permitted pursuant to Section 32650 and licensed pursuant to Article 4 (commencing with Section 32700).

(b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff’s office, marshal’s office, district attorney’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, when on duty and if the use is within the scope of their duties.

title: 4. FIREARMS

chapter: 6. Machineguns

article: 1. General Provisions

path: 4. FIREARMS > 6. Machineguns > 1. General Provisions


text:
(a) Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.

(b) Any person, firm, or corporation who within this state intentionally converts a firearm into a machinegun, or who sells, or offers for sale, or knowingly manufactures a machinegun, except as authorized by this chapter, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 553. (AB 109) Effective April 4, 2011. Amendment operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)

title: 4. FIREARMS

path: 4. FIREARMS > 6. Machineguns > 2. Unlawful Acts Relating to Machineguns


text:
(a) The Department of Justice may issue permits for the possession, manufacture, and transportation or possession, manufacture, or transportation of machineguns, upon a satisfactory showing that good cause exists for the issuance of the permit to the applicant. No permit shall be issued to a person who is under 18 years of age.

(b) A permit for possession issued pursuant to this section may only be issued to an individual, and may not be issued to a partnership, corporation, limited liability company, association, or any other group or entity, regardless of how that entity was created.

history: (History: Amended by Stats. 2013, Ch. 729, Sec. 4. (AB 170) Effective January 1, 2014.)

title: 4. FIREARMS

article: 3. Permits

path: 4. FIREARMS > 6. Machineguns > 3. Permits


text:
(a) An application for a permit under this article shall satisfy all of the following conditions:

(1) It shall be filed in writing.

(2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.

(3) It shall state the applicant’s name.

(4) It shall state the business in which the applicant is engaged.

(5) It shall state the applicant’s business address.

(6) It shall include a full description of the use to which the firearms are to be put.

(b) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.

(c) Each applicant for a permit shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.

(d) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, which shall not exceed the application processing costs of the Department of Justice.

(e) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget.

title: 4. FIREARMS

article: 3. Permits


text: Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the firearms are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit.

title: 4. FIREARMS

article: 3. Permits


text: A permit issued in accordance with this chapter may be revoked by the issuing authority at any time, when it appears that the need for the firearms has ceased or that the holder of the permit has used the firearms for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under the permit.

title: 4. FIREARMS

article: 3. Permits


text:
(a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of machineguns.

(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.

title: 4. FIREARMS

article: 3. Permits


text:
The Department of Justice may grant a license to permit the sale of machineguns at the place specified in the license, subject to all of the following conditions:

(a) The business shall be carried on only in the place designated in the license.

(b) The license or a certified copy of the license must be displayed on the premises in a place where it may easily be read.

(c) No machinegun shall be delivered to any person not authorized to receive the machinegun under the provisions of this chapter.

(d) A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the descriptions and serial numbers of the weapons purchased, the number and date of issue of the purchaser’s permit, if any, and the signature of the purchaser or purchasing agent. This record shall be open to the inspection of any peace officer or other person designated by the Attorney General.

title: 4. FIREARMS

article: 4. Licenses to Sell Machineguns

path: 4. FIREARMS > 6. Machineguns > 4. Licenses to Sell Machineguns


text:
An application for a license under this article shall satisfy all of the following conditions:

(a) It shall be filed in writing.

(b) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.

(c) It shall state the applicant’s name.

(d) It shall state the business in which the applicant is engaged.

(e) It shall state the applicant’s business address.

(f) It shall include a full description of the use to which the firearms are to be put.

title: 4. FIREARMS

article: 4. Licenses to Sell Machineguns


text:
(a) Applications and licenses under this article shall be uniform throughout the state, on forms prescribed by the Department of Justice.

(b) A license under this article shall be effective for not more than one year from the date of issuance.

title: 4. FIREARMS

article: 4. Licenses to Sell Machineguns


text:
(a) Each applicant for a license under this article shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.

(b) A license granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a license renewal fee, which shall not exceed the application processing costs of the Department of Justice.

(c) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget.

title: 4. FIREARMS

article: 4. Licenses to Sell Machineguns


text: Upon breach of any of the conditions stated in Section 32700, a license under this article shall be revoked.

title: 4. FIREARMS

article: 4. Licenses to Sell Machineguns


text:
(a) It shall be a public nuisance to possess any machinegun in violation of this chapter.

(b) The Attorney General, any district attorney, or any city attorney may bring an action before the superior court to enjoin the possession of any machinegun in violation of this chapter.

(c) Any machinegun found to be in violation of this chapter shall be surrendered to the Department of Justice. The department shall destroy the machinegun so as to render it unusable and unrepairable as a machinegun, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the machinegun is necessary to serve the ends of justice.

title: 4. FIREARMS

article: 5. Machinegun Constituting Nuisance

path: 4. FIREARMS > 6. Machineguns > 5. Machinegun Constituting Nuisance


text: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any multiburst trigger activator is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

history: (History: Amended by Stats. 2012, Ch. 43, Sec. 108. (SB 1023) Effective June 27, 2012.)

title: 4. FIREARMS

chapter: 7. Multiburst Trigger Activator

path: 4. FIREARMS > 7. Multiburst Trigger Activator


text: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any multiburst trigger activator is a nuisance and is subject to Section 18010.

title: 4. FIREARMS


text: Except as expressly provided in Sections 33215 to 33225, inclusive, and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, and solely in accordance with those provisions, no person may manufacture, import into this state, keep for sale, offer for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun. Nothing else in any provision listed in Section 16580 shall be construed as authorizing the manufacture, importation into the state, keeping for sale, offering for sale, or giving, lending, or possession of any short-barreled rifle or short-barreled shotgun.

title: 4. FIREARMS

path: 4. FIREARMS > 8. Short-Barreled Rifle or Short-Barreled Shotgun > 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun


text: Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

history: (History: Amended by Stats. 2012, Ch. 43, Sec. 109. (SB 1023) Effective June 27, 2012.)

title: 4. FIREARMS

chapter: 8. Short-Barreled Rifle or Short-Barreled Shotgun

article: 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun


text:
Section 33215 does not apply to either of the following:

(a) The sale to, purchase by, or possession of short-barreled rifles or short-barreled shotguns by a police department, sheriff’s office, marshal’s office, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.

(b) The possession of short-barreled rifles and short-barreled shotguns by peace officer members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections and Rehabilitation, when on duty and the use is authorized by the agency and is within the course and scope of their duties, and the officers have completed a training course in the use of these weapons certified by the Commission on Peace Officer Standards and Training.

title: 4. FIREARMS


text: Section 33215 does not apply to the manufacture, possession, transportation, or sale of a short-barreled rifle or short-barreled shotgun, when authorized by the Department of Justice pursuant to Article 2 (commencing with Section 33300) and not in violation of federal law.

title: 4. FIREARMS


text: Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any short-barreled rifle or short-barreled shotgun is a nuisance and is subject to Section 18010.

title: 4. FIREARMS


text:
(a) Upon a showing that good cause exists for issuance of a permit to the applicant, and if the Department of Justice finds that issuance of the permit does not endanger the public safety, the department may issue a permit for the manufacture, possession, importation, transportation, or sale of short-barreled rifles or short-barreled shotguns. The permit shall be initially valid for a period of one year, and renewable annually thereafter. No permit shall be issued to a person who is under 18 years of age.

(b) Good cause, for the purposes of this section, shall be limited to only the following:

(1) The permit is sought for the manufacture, possession, importation, or use with blank cartridges, of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event.

(2) The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities listed in Section 33220 by persons who are licensed as dealers or manufacturers under the provisions of Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.

history: (History: Amended by Stats. 2012, Ch. 691, Sec. 2. (AB 1559) Effective January 1, 2013.)

title: 4. FIREARMS

path: 4. FIREARMS > 8. Short-Barreled Rifle or Short-Barreled Shotgun > 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun


text:
(a) An application for a permit under this article shall satisfy all of the following conditions:

(1) It shall be filed in writing.

(2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.

(3) It shall state the applicant’s name.

(4) It shall state the business in which the applicant is engaged.

(5) It shall state the applicant’s business address.

(6) It shall include a full description of the use to which the short-barreled rifles or short-barreled shotguns are to be put.

(b) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.

(c) Each applicant for a permit shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.

(d) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, which shall not exceed the application processing costs of the Department of Justice.

(e) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget.

title: 4. FIREARMS

article: 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun


text:
(a) Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the short-barreled rifles or short-barreled shotguns are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit.

(b) Every short-barreled rifle or short-barreled shotgun possessed pursuant to the provisions of this article shall bear a unique identifying number. If a weapon does not bear a unique identifying number, the Department of Justice shall assign a number which shall be placed or stamped on that weapon.

title: 4. FIREARMS


text: A permit issued in accordance with this article may be revoked by the issuing authority at any time, when it appears that the need for the short-barreled rifles or short-barreled shotguns has ceased or that the holder of the permit has used the short-barreled rifles or short-barreled shotguns for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under the permit.

title: 4. FIREARMS


text:
(a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of short-barreled rifles and short-barreled shotguns.

(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.

title: 4. FIREARMS


text: 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 pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 554. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)

title: 4. FIREARMS

chapter: 9. Silencers

path: 4. FIREARMS > 9. Silencers


text:
Section 33410 shall not apply to, or affect, any of the following:

(a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.

(b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.

(c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.

title: 4. FIREARMS


text: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any zip gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

history: (History: Amended by Stats. 2012, Ch. 43, Sec. 110. (SB 1023) Effective June 27, 2012.)

title: 4. FIREARMS

chapter: 10. Zip Guns

path: 4. FIREARMS > 10. Zip Guns


text: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any zip gun is a nuisance and is subject to Section 18010.

title: 4. FIREARMS


text:
(a) (1) A firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.

(2) Commencing July 1, 2027, a firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, and the licensed firearms dealer has conducted an eligibility check to determine if that the person is authorized to purchase a firearm barrel under subdivision (b) in a manner prescribed by the Department of Justice.

(3) No person shall possess with the intent to sell or offer to sell a firearm barrel in violation of this section.

(b) A person is authorized to purchase or otherwise acquire a firearm barrel if they meet the following criteria:

(1) They are at least 18 years of age.

(2) They are not prohibited from possessing, receiving, owning, or purchasing a firearm under state or federal law.

(c) Commencing July 1, 2027, the licensed firearms dealer shall legibly record all of the following on a form to be prescribed by the department pertaining to the sale or transfer of the firearm barrel:

(1) The date of the sale or transfer.

(2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued.

(3) The make, model, and caliber of the firearm that the firearm barrel is designed for or used in.

(4) The purchaser’s or transferee’s full name.

(5) The name of the salesperson who processed the sale or transfer.

(6) The purchaser’s or transferee’s full residential address and telephone number.

(7) The purchaser’s or transferee’s date of birth.

(d) Commencing July 1, 2027, a licensed firearms dealer shall electronically submit to the department the information required by subdivision (c) for all sales and transfers of ownership of a firearm barrel.

(e) The department is authorized to adopt regulations to implement this act.

(f) (1) A first violation of subdivision (a) shall be punishable as a misdemeanor.

(2) A second violation of subdivision (a) shall be punishable as a misdemeanor by up to one year in jail and a fine of one thousand dollars ($1,000).

(3) A third violation of subdivision (a), and any subsequent violation thereafter of subdivision (a), shall be punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed two thousand dollars ($2,000), or by both that fine and imprisonment.

(g) The following are exempt from the process outlined in this section:

(1) Sales or transfers to federal, state, and local law enforcement agencies.

(2) Sales or transfers to a federal firearms licensee.

(3) Sales or transfers to the United States military.

(4) Sales or transfers to a person who, in the same transaction, is separately purchasing a firearm and undergoing a state and federal firearm eligibility check pursuant to Section 28220.

(5) Sales or transfers to a federally licensed collector who is acquiring or being loaned the barrel of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.

(6) Transfers to or from the public administrator, public guardian, public conservator, the executor, personal representative, guardian, conservator, or administrator of an estate. Any transfers or sales from these persons to any third party other than law enforcement or a licensed firearms dealer shall be conducted by a licensed firearms dealer and is subject to the requirements of this section.

(7) A barrel that is attached to or affixed to a firearm.

(8) The sale or other transfer of ownership of a firearm barrel if the sale or other transfer of ownership is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and the entity is acquiring the firearm barrel as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. All such barrels shall be disposed of pursuant to Sections 18000 and 18005.

(h) The department is authorized to adopt regulations to implement the provisions of this section.

(i) The department shall require the licensed firearms dealer to charge each firearm barrel purchaser or transferee a fee of up to 5 dollars ($5) to conduct the eligibility check described in paragraph (2) of subdivision (a), but shall not to exceed the department’s actual processing costs. The fee may be increased each year by an amount not to exceed one dollar ($1) as necessary to reimburse the department for costs to conduct the eligibility check.

history: (History: Added by Stats. 2025, Ch. 591, Sec. 3. (SB 704) Effective January 1, 2026.)

title: 4. FIREARMS

chapter: 11. Firearm Barrel

path: 4. FIREARMS > 11. Firearm Barrel


text:
(a) When a firearm is taken into custody by a law enforcement officer, the officer shall issue the person who possessed the firearm a receipt describing the firearm, and listing any serial number or other identification on the firearm.

(b) The receipt shall indicate where the firearm may be recovered, any applicable time limit for recovery, and the date after which the owner or possessor may recover the firearm pursuant to Chapter 2 (commencing with Section 33850).

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

title: 4. FIREARMS

path: 4. FIREARMS > 1. Procedure for Taking Firearm into Custody


text:
(a) Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:

(1) The applicant’s name, date and place of birth, gender, telephone number, and complete address.

(2) Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicant’s country of citizenship and the applicant’s United States Citizenship and Immigration Services-assigned number or I-94 number.

(3) If the seized property is a firearm, the firearm’s make, model, caliber, barrel length, type, country of origin, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, there shall be a place on the application to note that fact.

(4) For residents of California, the applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicant’s military identification with orders indicating that the individual is stationed in California, or a copy of the applicant’s valid driver’s license from the applicant’s state of residence, or a copy of the applicant’s state identification card from the applicant’s state of residence. Copies of the documents provided by non-California residents shall be notarized.

(5) The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.

(6) The signature of the applicant and the date of signature.

(7) Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.

(b) A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.

(c) A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.

(d) Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.

(e) This section shall become operative on July 1, 2020.

history: (History: Amended (as added by Stats. 2018, Ch. 780, Sec. 10) by Stats. 2021, Ch. 296, Sec. 53. (AB 1096) Effective January 1, 2022.)

title: 4. FIREARMS

path: 4. FIREARMS > 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency


text:
A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:

(a) The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.

(b) If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.

(c) If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.

(d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.

(e) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 864, Sec. 7.6. (AB 2222) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS

chapter: 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency


text:
(a) The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.

(b) The fees collected pursuant to subdivision (a) shall be deposited into the Dealers’ Record of Sale Special Account.

(c) The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications submitted pursuant to this section.

(d) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 14. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.

(b) The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.

(c) If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:

(1) The identity of the applicant.

(2) A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.

(3) If applicable, a description of the firearm by make, model, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted.

(d) The department shall enter a record of the firearm into the Automated Firearms System (AFS), provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS.

(e) If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.

(f) If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.

(g) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 16. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.

(b) If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owner’s identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.

(c) This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.

(d) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 18. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.

(b) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 20. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.

(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.

(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.

(d) The following apply to any charges imposed for administrative costs pursuant to this section:

(1) The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.

(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.

(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.

(4) A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.

(e) Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.

(f) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 22. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorney’s fees to the prevailing party.

(b) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 24. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.

(b) Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.

(c) This section shall become operative on July 1, 2020.

history: (History: Repealed and added by Stats. 2018, Ch. 780, Sec. 26. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

title: 4. FIREARMS


text:
(a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.

(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.

(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedent’s estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law.

history: (History: Amended by Stats. 2024, Ch. 547, Sec. 2. (SB 1019) Effective January 1, 2025.)

title: 4. FIREARMS

path: 4. FIREARMS > 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction


text:
(a) (1) An officer having custody of any firearm that may be useful to the California National Guard, the Coast Guard Auxiliary, or to any military or naval agency of the federal or state government, including, but not limited to, the California State Military Museum and Resource Center, located in Sacramento, and at branch museums located at the California National Guard facilities at Camp Roberts, Camp San Luis Obispo, and Los Alamitos Armed Forces Reserve Center, may, upon the authority of the legislative body of the city, city and county, or county by which the officer is employed and the approval of the Adjutant General, deliver the firearm to the commanding officer of a unit of the California National Guard, the Coast Guard Auxiliary, or any other military agency of the state or federal government, in lieu of destruction as required by any of the provisions listed in Section 16580.

(2) Any state agency, county, municipality, or special purpose district may offer any excess military weapons or equipment, such as historical war equipment like artillery, tanks, or armored vehicles, to the California State Military Museum and Resource Center or any branch museum described in paragraph (1).

(3) The officer delivering a firearm pursuant to this subdivision shall take a receipt for it, which contains a complete description of the firearm, and shall keep the receipt on file in his or her office as a public record.

(b) Any law enforcement agency that has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by any of the provisions listed in Section 16580, may, in lieu of destroying the weapons, retain and use any of them as may be useful in carrying out the official duties of the agency. Alternatively, upon approval of a court, the agency may do either of the following:

(1) Release the weapons to any other law enforcement agency for use in carrying out the official duties of that agency.

(2) Turn over to the criminalistics laboratory of the Department of Justice or the criminalistics laboratory of a police department, sheriff’s office, or district attorney’s office, any weapons that may be useful in carrying out the official duties of the respective agencies.

(c) (1) Any firearm, or part of any firearm, which, rather than being destroyed, is used for official purposes pursuant to this section, shall be destroyed by the agency using the weapon when it is no longer needed by the agency for use in carrying out its official duties.

(2) Firearms or weaponry donated to the California State Military Museum and Resource Center may be disposed of pursuant to Section 179 of the Military and Veterans Code.

(d) (1) Any law enforcement agency that has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by any of the provisions listed in Section 16580, may, in lieu of destroying the firearms, obtain an order from the superior court directing the release of the firearms to the sheriff.

(2) The sheriff shall enter those weapons into the Automated Firearms System (AFS), via the California Law Enforcement Telecommunications System, with a complete description of each weapon, including the make, type, category, caliber, and serial number of the firearms, and the name of the academy receiving the weapon entered into the AFS miscellaneous field.

(3) The sheriff shall then release the firearms to the basic training academy certified by the Commission on Peace Officer Standards and Training, so that the firearms may be used for instructional purposes in the certified courses. All firearms released to an academy shall be under the care, custody, and control of the particular academy.

(4) Any firearm, or part of any firearm, which is not destroyed, and is used for the purposes authorized by this section, shall be returned to the law enforcement agency that had original custody of the firearm when it is no longer needed by the basic training academy, or when the basic training academy is no longer certified by the commission.

(5) When those firearms are returned, the law enforcement agency to which the firearms are returned, shall on the date of the return, enter into the Automated Firearms System (AFS), via the California Law Enforcement Telecommunications System, a complete description of each weapon, including the make, type, category, caliber, and serial number of the firearms, and the name of the entity returning the firearm.

history: (History: Amended by Stats. 2013, Ch. 698, Sec. 1. (SB 759) Effective January 1, 2014.)

title: 4. FIREARMS

chapter: 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction


text: Any law enforcement agency that retains custody of any firearm pursuant to Section 34005, or that destroys a firearm pursuant to Sections 18000 and 18005, shall notify the Department of Justice, and, if applicable, the superior court and any parties to any civil or criminal action related to the firearm, of the retention or destruction. This notification shall consist of a complete description of each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number.

history: (History: Amended by Stats. 2022, Ch. 58, Sec. 37. (AB 200) Effective June 30, 2022.)

title: 4. FIREARMS


text:
The Attorney General shall provide the Legislature on or before April 15 of each year, commencing in 1998, a written report on the specific types of firearms used in the commission of crimes based upon information obtained from state and local crime laboratories. The report shall include all of the following information regarding crimes in which firearms were used:

(a) A description of the relative occurrence of firearms most frequently used in the commission of violent crimes, distinguishing whether the firearms used were handguns, rifles, shotguns, assault weapons, or other related types of weapons.

(b) A description of specific types of firearms that are used in homicides or street gang and drug trafficking crimes.

(c) The frequency with which stolen firearms were used in the commission of the crimes.

(d) The frequency with which fully automatic firearms were used in the commission of the crimes.

(e) Any trends of importance such as those involving specialized ammunition or firearms modifications, such as conversion to a fully automatic weapon, removal of serial number, shortening of barrel, or use of a suppressor.

history: (History: Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

title: 4. FIREARMS

path: 4. FIREARMS > 1. Miscellaneous Reports and Publications


text:
(a) The Department of Justice shall prepare a pamphlet that summarizes California firearms laws as they pertain to persons other than law enforcement officers or members of the armed services.

(b) The pamphlet shall include the following matters:

(1) Lawful possession.

(2) Licensing procedures.

(3) Transportation and use of firearms.

(4) Acquisition of hunting licenses.

(5) The safe handling and use of firearms.

(6) Various methods of safe storage and child proofing of firearms.

(7) The availability of firearms safety programs and devices.

(8) The responsibilities of firearms ownership.

(9) The operation of various types of firearms.

(10) The lawful use of deadly force.

(c) The department shall offer copies of the pamphlet at actual cost to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall have copies of the most current version available for sale to retail purchasers or transferees of firearms. The cost of the pamphlet, if any, may be added to the sale price of the firearm. Other interested parties may purchase copies directly from the Department of General Services.

(d) The pamphlet shall declare that it is merely intended to provide a general summary of laws applicable to firearms and is not designed to provide individual guidance for specific areas. Individuals having specific questions shall be directed to contact their local law enforcement agency or private counsel.

(e) The Department of Justice or any other public entity shall be immune from any liability arising from the drafting, publication, or dissemination of the pamphlet or any reliance upon it. All receipts from the sale of these pamphlets shall be deposited as reimbursements to the support appropriation for the Department of Justice.

title: 4. FIREARMS

chapter: 1. Miscellaneous Reports and Publications


text:
(a) The Department of Justice shall prepare a pamphlet in all of the languages described in subdivision (a) of Section 31640 that explains the reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.

(b) The department may solicit input from any reputable association or organization in the development of the pamphlet.

(c) The department shall design and make available on its internet website the pamphlet described in subdivision (a) in PDF or another imaging format to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, to distribute pursuant to Section 26866.

(d) This section shall become operative on January 1, 2025.

history: (History: Added by Stats. 2023, Ch. 248, Sec. 4.5. (AB 1598) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)

title: 4. FIREARMS


text:
(a) The Attorney General shall conduct a study to evaluate ballistics identification systems to determine the feasibility and potential benefits to law enforcement of utilizing a statewide ballistics identification system capable of maintaining a database of ballistic images and information from test fired and sold firearms. The study shall include an evaluation of ballistics identification systems currently used by state and federal law enforcement agencies and the firearms industry. The Attorney General shall consult with law enforcement agencies, firearms industry representatives, private technology providers, and other appropriate parties in conducting the study.

(b) In evaluating ballistics identification systems to determine the feasibility of utilizing a statewide system as required pursuant to subdivision (a), the Attorney General shall consider, at a minimum, the following:

(1) The development of methods by which firearm manufacturers, importers, and dealers may potentially capture ballistic images from firearms prior to sale in California and forward that information to the Attorney General.

(2) The development of methods by which the Attorney General will receive, store, and make available to law enforcement ballistic images submitted by firearm manufacturers, importers, and dealers prior to sale in California.

(3) The potential financial costs to the Attorney General of implementing and operating a statewide ballistics identification system, including the process for receipt of information from firearm manufacturers, importers, and dealers.

(4) The capability of a ballistics identification system maintaining a database of ballistic images and information from test fired firearms for all firearms sold in California.

(5) The compatibility of a ballistics identification system with ballistics identification systems that are currently used by law enforcement agencies in California.

(6) A method to ensure that state and local law enforcement agencies can forward ballistic identification information to the Attorney General for inclusion in a statewide ballistics identification system.

(7) The feasibility and potential benefits to law enforcement of requiring firearm manufacturers, importers, and dealers to provide the Attorney General with ballistic images from any, or a selected number of, test fired firearms prior to the sale of those firearms in California.

(c) The Attorney General shall submit a report to the Legislature with the results of the study not later than June 1, 2001. In the event the report includes a determination that a ballistics identification system and database is feasible and would benefit law enforcement, the report shall also recommend a strategy for implementation.

title: 4. FIREARMS

chapter: 2. Ballistics Identification System

path: 4. FIREARMS > 2. Ballistics Identification System


text:
(a) Section 34350 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.

(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.

(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

history: (History: Amended by Stats. 2011, Ch. 745, Sec. 76. (AB 809) Effective January 1, 2012.)

title: 4. FIREARMS


text:
Section 34350 does not apply to the loan of a firearm if all of the following conditions are satisfied:

(a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government.

(b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm.

(c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’s duties.

title: 4. FIREARMS


text:
(a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.

(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

history: (History: Amended by Stats. 2011, Ch. 745, Sec. 77. (AB 809) Effective January 1, 2012.)

title: 4. FIREARMS


text:
(a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.

(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

history: (History: Amended by Stats. 2011, Ch. 745, Sec. 78. (AB 809) Effective January 1, 2012.)

title: 4. FIREARMS


text:
(a) The department may revoke any ammunition vendor license or remove any firearms dealer or firearms manufacturer from any centralized list maintained by the department pursuant to Sections 26715, 28450, and 29060, upon notification from the California Department of Tax and Fee Administration that either of the following events has occurred:

(1) After providing notice and the opportunity for a hearing, the California Department of Tax and Fee Administration has revoked the licensee’s certificate of registration, pursuant to Section 36037 of the Revenue and Taxation Code, for violating any of the provisions of Part 16 (commencing with Section 36001) of Division 2 of the Revenue and Taxation Code.

(2) After providing notice and the opportunity for a hearing, the California Department of Tax and Fee Administration has revoked or suspended the licensee’s seller’s permit, pursuant to Section 6070 of the Revenue and Taxation Code, for violating any of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.

(b) The Department of Justice may reinstate an ammunition vendor license that has been revoked pursuant to subdivision (a), or reinstate on any centralized list maintained by the department pursuant to Sections 26715, 28450, and 29060, a firearms dealer or manufacturer that was removed from the centralized list pursuant to subdivision (a) if the California Department of Tax and Fee Administration has reinstated the licensee’s certificate of registration or the seller’s permit, as applicable.

(c) The Department of Justice’s authority under this section to revoke or reinstate an ammunition vendor license, or to remove or reinstate a firearms dealer or firearms manufacturer from a centralized list shall be in addition to the Department of Justice’s authority to revoke or reinstate an ammunition vendor license or to remove or reinstate a firearms dealer or firearms manufacturer from a centralized list under any other statute or authority.

(d) The Department of Justice may prescribe, adopt, and enforce rules and regulations, including emergency regulations as necessary, relating to the administration and enforcement of this section.

history: (History: Added by Stats. 2023, Ch. 231, Sec. 6. (AB 28) Effective January 1, 2024.)

title: 4. FIREARMS

path: 4. FIREARMS > 3. Firearm and Ammunition Excise Tax Certificates of Registration


kind: title

number: OF

title: THE ACT

path: OF. THE ACT


kind: part

title: OF CRIMES AND PUNISHMENTS

path: OF. THE ACT > 1. OF CRIMES AND PUNISHMENTS


path: 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME


title: OF PARTIES TO CRIME

path: 2. OF PARTIES TO CRIME


path: 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE


path: 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE


title: OF CRIMES AGAINST THE LEGISLATIVE POWER

path: 6. OF CRIMES AGAINST THE LEGISLATIVE POWER


title: OF CRIMES AGAINST PUBLIC JUSTICE

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE


kind: chapter

title: Bribery and Corruption

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 1. Bribery and Corruption


title: Rescues

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 2. Rescues


title: Escapes and Aiding Therein

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 3. Escapes and Aiding Therein


path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents


title: Perjury and Subornation of Perjury

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 5. Perjury and Subornation of Perjury


path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses


title: Other Offenses Against Public Justice

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 7. Other Offenses Against Public Justice


title: Conspiracy

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 8. Conspiracy


title: Criminal Profiteering

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 9. Criminal Profiteering


title: Money Laundering

path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 10. Money Laundering


path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 10.5. Fraud and Embezzlement: Victim Restitution


path: 7. OF CRIMES AGAINST PUBLIC JUSTICE > 11. Street Terrorism Enforcement and Prevention Act


title: OF CRIMES AGAINST THE PERSON

path: 8. OF CRIMES AGAINST THE PERSON


title: Homicide

path: 8. OF CRIMES AGAINST THE PERSON > 1. Homicide


title: Mayhem

path: 8. OF CRIMES AGAINST THE PERSON > 2. Mayhem


title: Kidnapping

path: 8. OF CRIMES AGAINST THE PERSON > 3. Kidnapping


title: Hostages

path: 8. OF CRIMES AGAINST THE PERSON > 3.5. Hostages


title: Robbery

path: 8. OF CRIMES AGAINST THE PERSON > 4. Robbery


title: Attempts to Kill

path: 8. OF CRIMES AGAINST THE PERSON > 5. Attempts to Kill


path: 8. OF CRIMES AGAINST THE PERSON > 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder


path: 8. OF CRIMES AGAINST THE PERSON > 8. False Imprisonment and Human Trafficking


title: Assault and Battery

path: 8. OF CRIMES AGAINST THE PERSON > 9. Assault and Battery


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 1. Rape, Abduction, Carnal Abuse of Children, and Seduction


title: Abandonment and Neglect of Children

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 2. Abandonment and Neglect of Children


title: Spousal Abusers

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 2.5. Spousal Abusers


title: Child Abduction

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 4. Child Abduction


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 5. Bigamy, Incest, and the Crime Against Nature


title: Sex Offenders

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 5.5. Sex Offenders


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998


kind: article

title: Purpose and Administration

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 1. Purpose and Administration


title: Offenders Subject to Sample Collection

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 2. Offenders Subject to Sample Collection


title: Data Base Applications

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 3. Data Base Applications


title: Collection and Forwarding of Samples

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 4. Collection and Forwarding of Samples


title: Expungement of Information

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 5. Expungement of Information


title: Limitations on Disclosure

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 6. Limitations on Disclosure


title: Construction and Severability

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 6. DNA and Forensic Identification Data Base and Data Bank Act of  1998 > 7. Construction and Severability


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals


title: Obscene Matter

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 7.5. Obscene Matter


title: Harmful Matter

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 7.6. Harmful Matter


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses


title: Lotteries

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 9. Lotteries


title: Gaming

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 10. Gaming


title: Horse Racing

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 10.5. Horse Racing


title: Pawnbrokers

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 11. Pawnbrokers


title: Other Injuries to Persons

path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 12. Other Injuries to Persons


path: 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS > 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities


path: 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY


title: OF CRIMES AGAINST THE PUBLIC PEACE

path: 11. OF CRIMES AGAINST THE PUBLIC PEACE


title: CRIMINAL THREATS

path: 11.5. CRIMINAL THREATS


title: CIVIL RIGHTS

path: 11.6. CIVIL RIGHTS


title: Definitions

path: 11.6. CIVIL RIGHTS > 1. Definitions


title: Crimes and Penalties

path: 11.6. CIVIL RIGHTS > 2. Crimes and Penalties


title: Law Enforcement Agency Policies

path: 11.6. CIVIL RIGHTS > 2.5. Law Enforcement Agency Policies


title: General Provisions

path: 11.6. CIVIL RIGHTS > 3. General Provisions


path: 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT


path: 12. OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE


title: OF CRIMES AGAINST PROPERTY

path: 13. OF CRIMES AGAINST PROPERTY


title: Arson

path: 13. OF CRIMES AGAINST PROPERTY > 1. Arson


title: Burglary

path: 13. OF CRIMES AGAINST PROPERTY > 2. Burglary


path: 13. OF CRIMES AGAINST PROPERTY > 3. Burglarious and Larcenous Instruments and Deadly Weapons


title: Forgery and Counterfeiting

path: 13. OF CRIMES AGAINST PROPERTY > 4. Forgery and Counterfeiting


title: Larceny

path: 13. OF CRIMES AGAINST PROPERTY > 5. Larceny


title: Embezzlement

path: 13. OF CRIMES AGAINST PROPERTY > 6. Embezzlement


title: Extortion

path: 13. OF CRIMES AGAINST PROPERTY > 7. Extortion


title: False Personation and Cheats

path: 13. OF CRIMES AGAINST PROPERTY > 8. False Personation and Cheats


path: 13. OF CRIMES AGAINST PROPERTY > 10. Crimes Against Insured Property and Insurers


title: Unlawful Interference With Property

path: 13. OF CRIMES AGAINST PROPERTY > 12. Unlawful Interference With Property


path: 13. OF CRIMES AGAINST PROPERTY > 12. Unlawful Interference With Property > 1. Trespassing or Loitering Near Posted Industrial Property


path: 13. OF CRIMES AGAINST PROPERTY > 12. Unlawful Interference With Property > 2. Unlawfully Placing Signs on Public and Private Property


path: 13. OF CRIMES AGAINST PROPERTY > 12. Unlawful Interference With Property > 3. Trespass on Property Belonging to the University of California


title: Crimes Involving Bailments

path: 13. OF CRIMES AGAINST PROPERTY > 12.5. Crimes Involving Bailments


path: 13. OF CRIMES AGAINST PROPERTY > 12.6. Crimes Involving Branded Containers, Cabinets, or Other Dairy Equipment


title: Unlawful Subleasing of Motor Vehicles

path: 13. OF CRIMES AGAINST PROPERTY > 12.7. Unlawful Subleasing of Motor Vehicles


path: 13. OF CRIMES AGAINST PROPERTY > 14. Fraudulent Issue of Documents of Title to Merchandise


path: 13. OF CRIMES AGAINST PROPERTY > 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs


title: MALICIOUS MISCHIEF

path: 14. MALICIOUS MISCHIEF


title: MISCELLANEOUS CRIMES

path: 15. MISCELLANEOUS CRIMES


title: Schools

path: 15. MISCELLANEOUS CRIMES > 1. Schools


title: Access to School Premises

path: 15. MISCELLANEOUS CRIMES > 1.1. Access to School Premises


title: Massage Therapy

path: 15. MISCELLANEOUS CRIMES > 1.3. Massage Therapy


path: 15. MISCELLANEOUS CRIMES > 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications


title: Invasion of Privacy

path: 15. MISCELLANEOUS CRIMES > 1.5. Invasion of Privacy


title: Of Other and Miscellaneous Offenses

path: 15. MISCELLANEOUS CRIMES > 2. Of Other and Miscellaneous Offenses


path: 15. MISCELLANEOUS CRIMES > 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense


title: Immigration Matters

path: 15. MISCELLANEOUS CRIMES > 3. Immigration Matters


path: 15. MISCELLANEOUS CRIMES > 4. Crimes Committed while in Custody in Correctional Facilities


title: GENERAL PROVISIONS

path: 16. GENERAL PROVISIONS


path: 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME


title: OF CRIMINAL PROCEDURE

path: 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME > 2. OF CRIMINAL PROCEDURE


title: OF THE PREVENTION OF PUBLIC OFFENSES

path: 1. OF THE PREVENTION OF PUBLIC OFFENSES


title: Of Lawful Resistance

path: 1. OF THE PREVENTION OF PUBLIC OFFENSES > 1. Of Lawful Resistance


path: 1. OF THE PREVENTION OF PUBLIC OFFENSES > 2. Of the Intervention of the Officers of Justice


title: Security to Keep the Peace

path: 1. OF THE PREVENTION OF PUBLIC OFFENSES > 3. Security to Keep the Peace


title: Suppression of Riots

path: 1. OF THE PREVENTION OF PUBLIC OFFENSES > 5. Suppression of Riots


title: MODE OF PROSECUTION

path: 2. MODE OF PROSECUTION


title: NIGHTCOURT

path: 2.5. NIGHTCOURT


path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE


path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 1. Of the Local Jurisdiction of Public Offenses


title: Time of Commencing Criminal Actions

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 2. Time of Commencing Criminal Actions


title: Complaints Before Magistrates

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 3. Complaints Before Magistrates


title: The Warrant of Arrest

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 4. The Warrant of Arrest


title: Code Enforcement Officers

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 4.2. Code Enforcement Officers


title: Peace Officers

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 4.5. Peace Officers


title: Arrest, by Whom and How Made

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5. Arrest, by Whom and How Made


title: Uniform Act on Fresh Pursuit

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5A. Uniform Act on Fresh Pursuit


title: Interstate Jurisdiction

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5B. Interstate Jurisdiction


path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5B. Interstate Jurisdiction > 1. Colorado River Crime Enforcement Compact


path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5B. Interstate Jurisdiction > 2. California-Nevada Compact for Jurisdiction on Interstate Waters


title: Citations for Misdemeanors

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5C. Citations for Misdemeanors


title: Filing Complaint After Citation

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 5D. Filing Complaint After Citation


title: Retaking After an Escape or Rescue

path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 6. Retaking After an Escape or Rescue


path: 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE > 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer


title: GRAND JURY PROCEEDINGS

path: 4. GRAND JURY PROCEEDINGS


title: General Provisions

path: 4. GRAND JURY PROCEEDINGS > 1. General Provisions


title: Formation of Grand Jury

path: 4. GRAND JURY PROCEEDINGS > 2. Formation of Grand Jury


title: Qualifications of Grand Jurors

path: 4. GRAND JURY PROCEEDINGS > 2. Formation of Grand Jury > 1. Qualifications of Grand Jurors


title: Listing and Selection of Grand Jurors

path: 4. GRAND JURY PROCEEDINGS > 2. Formation of Grand Jury > 2. Listing and Selection of Grand Jurors


title: Jury Commissioners

path: 4. GRAND JURY PROCEEDINGS > 2. Formation of Grand Jury > 3. Jury Commissioners


title: Impaneling of Grand Jury

path: 4. GRAND JURY PROCEEDINGS > 2. Formation of Grand Jury > 4. Impaneling of Grand Jury


title: Powers and Duties of Grand Jury

path: 4. GRAND JURY PROCEEDINGS > 3. Powers and Duties of Grand Jury


title: General Provisions

path: 4. GRAND JURY PROCEEDINGS > 3. Powers and Duties of Grand Jury > 1. General Provisions


path: 4. GRAND JURY PROCEEDINGS > 3. Powers and Duties of Grand Jury > 2. Investigation of County, City, and District Affairs


path: 4. GRAND JURY PROCEEDINGS > 3. Powers and Duties of Grand Jury > 3. Legal and Other Assistants for Grand Juries


title: Conduct of Investigations

path: 4. GRAND JURY PROCEEDINGS > 3. Powers and Duties of Grand Jury > 4. Conduct of Investigations


title: THE PLEADINGS

path: 5. THE PLEADINGS


path: 5. THE PLEADINGS > 1. Finding and Presentment of the Indictment


title: Rules of Pleading

path: 5. THE PLEADINGS > 2. Rules of Pleading


title: PLEADINGS AND PROCEEDINGS BEFORE TRIAL

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL


title: Of the Arraignment of the Defendant

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 1. Of the Arraignment of the Defendant


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2. Setting Aside the Indictment or Information


title: Career Criminals

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.2. Career Criminals


title: Repeat Sexual Offenders

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.3. Repeat Sexual Offenders


title: Child Abusers

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.4. Child Abusers


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.5. Special Proceedings in Narcotics and Drug Abuse Cases


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.55. Deferred Entry of Judgment Pilot Program


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.6. Deferred Entry of Judgment Reentry Program


title: Child Abuse and Neglect Counseling

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.65. Child Abuse and Neglect Counseling


title: Misdemeanor Diversion

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.7. Misdemeanor Diversion


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.8. Diversion of Defendants With Cognitive Developmental Disabilities


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.8A. Diversion of Individuals with Mental Disorders


title: Pretrial Diversion of Traffic Violators

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.81. Pretrial Diversion of Traffic Violators


title: Diversion of Misdemeanor Offenders

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.9. Diversion of Misdemeanor Offenders


title: Bad Check Diversion

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.9A. Bad Check Diversion


title: Parental Diversion

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.9B. Parental Diversion


title: Military Diversion Program

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.9C. Military Diversion Program


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.9D. Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program


title: Primary Caregiver Diversion

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.9E. Primary Caregiver Diversion


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program


title: Diversion Restitution Fee

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.95. Diversion Restitution Fee


title: Court Initiated Misdemeanor Diversion

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 2.96. Court Initiated Misdemeanor Diversion


title: Demurrer and Amendment

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 3. Demurrer and Amendment


title: Plea

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 4. Plea


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 5. Transmission of Certain Indictments and Information


title: Change of Venue

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 6. Change of Venue


title: The Mode of Trial

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 7. The Mode of Trial


path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 8. Formation of the Trial Jury and theCalendar of Issues for Trial


title: Postponement of the Trial

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 9. Postponement of the Trial


title: Discovery

path: 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL > 10. Discovery


path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT


title: Challenging the Jury

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 1. Challenging the Jury


title: The Trial

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 2. The Trial


path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 3. Conduct of the Jury After the Cause Is Submitted to Them


title: The Verdict or Finding

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 4. The Verdict or Finding


title: Trial Court Sentencing

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 4.5. Trial Court Sentencing


title: Initial Sentencing

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 4.5. Trial Court Sentencing > 1. Initial Sentencing


title: Recall and Resentencing

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 4.5. Trial Court Sentencing > 1.5. Recall and Resentencing


path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act


title: Bills of Exception

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 5. Bills of Exception


title: New Trials

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 6. New Trials


title: Arrest of Judgment

path: 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT > 7. Arrest of Judgment


title: OF JUDGMENT AND EXECUTION

path: 8. OF JUDGMENT AND EXECUTION


title: The Judgment

path: 8. OF JUDGMENT AND EXECUTION > 1. The Judgment


title: Electronic Monitoring

path: 8. OF JUDGMENT AND EXECUTION > 1.4. Electronic Monitoring


path: 8. OF JUDGMENT AND EXECUTION > 1.5. Certification of Drug Diversion Programs


title: The Execution

path: 8. OF JUDGMENT AND EXECUTION > 2. The Execution


path: 8. OF JUDGMENT AND EXECUTION > 3. California Community Corrections Performance Incentives


title: APPEALS IN FELONY CASES

path: 9. APPEALS IN FELONY CASES


path: 9. APPEALS IN FELONY CASES > 1. Appeals, When Allowed and How Taken, and the Effect Thereof


title: Judicial Council Rules

path: 9. APPEALS IN FELONY CASES > 1a. Judicial Council Rules


title: Dismissing an Appeal for Irregularity

path: 9. APPEALS IN FELONY CASES > 2. Dismissing an Appeal for Irregularity


title: Argument of the Appeal

path: 9. APPEALS IN FELONY CASES > 3. Argument of the Appeal


title: Judgment Upon Appeal

path: 9. APPEALS IN FELONY CASES > 4. Judgment Upon Appeal


title: MISCELLANEOUS PROCEEDINGS

path: 10. MISCELLANEOUS PROCEEDINGS


title: Bail

path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail


path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 1. In What Cases the Defendant May Be Admitted to Bail


path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 2. Bail Upon Being Held to Answer Before Indictment


path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 3. Bail Upon an Indictment Before Conviction


title: Bail on Appeal

path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 4. Bail on Appeal


title: Deposit Instead of Bail

path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 5. Deposit Instead of Bail


title: Bail Fugitive Recovery Persons Act

path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 5.5. Bail Fugitive Recovery Persons Act


title: Exoneration

path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 6. Exoneration


path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money


path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail


path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 9. Procedure Relating to Release on Own Recognizance


title: Violations

path: 10. MISCELLANEOUS PROCEEDINGS > 1. Bail > 10. Violations


path: 10. MISCELLANEOUS PROCEEDINGS > 1.7. Pretrial Risk Assessment Tool Validation


path: 10. MISCELLANEOUS PROCEEDINGS > 2. Who May Be Witnesses in Criminal Actions


title: Compelling the Attendance of Witnesses

path: 10. MISCELLANEOUS PROCEEDINGS > 3. Compelling the Attendance of Witnesses


path: 10. MISCELLANEOUS PROCEEDINGS > 3a. Attendance of Witnesses Outside the State


title: Examination of Witnesses Conditionally

path: 10. MISCELLANEOUS PROCEEDINGS > 4. Examination of Witnesses Conditionally


title: Examination of Victims of Sexual Crimes

path: 10. MISCELLANEOUS PROCEEDINGS > 4.5. Examination of Victims of Sexual Crimes


title: Examination of Witnesses on Commission

path: 10. MISCELLANEOUS PROCEEDINGS > 5. Examination of Witnesses on Commission


path: 10. MISCELLANEOUS PROCEEDINGS > 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction


path: 10. MISCELLANEOUS PROCEEDINGS > 7. Compromising Certain Public Offenses by Leave of the Court


path: 10. MISCELLANEOUS PROCEEDINGS > 8. Dismissal of the Action for Want of Prosecution or Otherwise


title: Agreement on Detainers

path: 10. MISCELLANEOUS PROCEEDINGS > 8.5. Agreement on Detainers


title: Proceedings Against Corporations

path: 10. MISCELLANEOUS PROCEEDINGS > 9. Proceedings Against Corporations


title: Entitling Affidavits

path: 10. MISCELLANEOUS PROCEEDINGS > 10. Entitling Affidavits


path: 10. MISCELLANEOUS PROCEEDINGS > 11. Errors and Mistakes in Pleadings and Other Proceedings


path: 10. MISCELLANEOUS PROCEEDINGS > 12. Disposal of Property Stolen or Embezzled


path: 10. MISCELLANEOUS PROCEEDINGS > 13. Disposition of Evidence in Criminal Cases


path: 10. MISCELLANEOUS PROCEEDINGS > 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk


path: 10. MISCELLANEOUS PROCEEDINGS > 15. Disqualification of Prosecuting Attorneys


path: 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES


path: 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES > 1. Proceedings in Misdemeanor and Infraction Cases


path: 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES > 2. Appeals In Misdemeanor and Infraction Cases


path: 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES > 3. Transfer of Misdemeanor and Infraction Appeals


path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE


title: Of the Writ of Habeas Corpus

path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 1. Of the Writ of Habeas Corpus


title: Pretrial Review

path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 2. Pretrial Review


title: Of Search Warrants

path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 3. Of Search Warrants


path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 3.5. Disclosure of Medical Records to Law Enforcement Agencies


title: Electronic Communications Privacy Act

path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 3.6. Electronic Communications Privacy Act


path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 4. Proceedings Against Fugitives From Justice


path: 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE > 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature


path: 13. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A COURT


path: 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS


title: OF IMPRISONMENT AND THE DEATH PENALTY

path: 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS > 3. OF IMPRISONMENT AND THE DEATH PENALTY


path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS


title: Establishment of State Prisons

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons


title: California Institution for Men

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 1. California Institution for Men


title: San Quentin Rehabilitation Center

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 2. San Quentin Rehabilitation Center


title: California State Prison at Folsom

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 3. California State Prison at Folsom


title: Correctional Training Facility

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 5. Correctional Training Facility


path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 5.5. California Correctional Institution in Monterey County


title: California Men’s Colony

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 6. California Men’s Colony


path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 1. Establishment of State Prisons > 7. California Correctional Institution at Tehachapi


title: Administration of State Prisons

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 2. Administration of State Prisons


path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 2. Administration of State Prisons > 1. Miscellaneous Powers and Duties of Department and Director of Corrections