Title PEN, California Penal Code

At the time of filing of a petition pursuant to Section 2676 by the person, or pursuant to Section 2675 by the warden, the court shall appoint the public defender or other attorney to represent the person unless the person is financially able to provide his or her own attorney. T…

The court shall conduct the proceedings within 10 judicial days from the filing of the petition described in Section 2675 or 2676, whichever is filed earlier, unless the warden’s attorney or the person’s attorney requests a continuance, which may be for a maximum of 10 additional…

(a) The court shall determine whether the state has proven, by clear and convincing evidence, that the confined person has the capacity for informed consent and has manifested his informed consent. (b) If the court has determined that the person lacks the capacity for informed co…

(a) If it is determined by the attending physician that a confined person should be administered organic therapy, the person shall be advised and informed of his or her rights under this article, and he or she shall be provided a copy of this article. (b) This article shall apply…

(a) Article 1 (commencing with Section 27500) does not apply to any sale, delivery, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for e…

Article 1 (commencing with Section 27500) 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. (…

(a) Article 1 (commencing with Section 27500) 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…

(a) Article 1 (commencing with Section 27500) 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) Withi…

Section 27545 does not apply to the sale, delivery, or transfer of a firearm when made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, if all of the following conditions are met: (a) The sale, delivery, or…

(a) It is the intent of the Legislature in enacting this article to require that persons who obtain firearms have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to re…

(a) A person shall not do either of the following: (1) Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. (2) Sell, deliver, loan, or tr…

(a) A person shall not commit an act of collusion as specified in Section 27550. (b) Any person who alters, counterfeits, or falsifies a handgun safety certificate, or who uses or attempts to use any altered, counterfeited, or falsified handgun safety certificate to purchase a ha…

(a) A certified instructor shall not issue a firearm safety certificate to any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine. (b) A certified instructo…

(a) The department shall develop an instruction manual in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 …

(a) The department shall prescribe a minimum level of skill, knowledge, and competency to be required of all firearm safety certificate instructors. (b) Department Certified Instructor applicants shall have a certification to provide training from one of the following organizatio…

(a) The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. …

(a) The Department of Justice shall prepare a firearm safety certificate study guide in all of the languages described in subdivision (a) of Section 31640 that explains the information covered in the test in Section 31640. (b) The department shall offer copies of the study guide …

(a) An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certific…

(a) The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be paid to the department pursuant to subdivision (c). (b) An applicant to renew a firearm safety certificate shall be required to pass the objective test. The certifi…

(a) The department shall develop firearm safety certificates to be issued by instructors certified by the department to those persons who have complied with this article. (b) A firearm safety certificate shall include, but not be limited to, the following information: (1) A uniqu…

(a) In the case of loss or destruction of a firearm safety certificate, the issuing instructor shall issue a duplicate certificate upon request and proof of identification to the certificate holder. (b) In the case of loss or destruction of a handgun safety certificate, the issui…

The department shall be immune from any liability arising from implementing Sections 31630, 31635, 31640, and subdivision (a) of Section 31655. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

Except for the provisions of former Section 12804, former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as added by Section 10 of Chapter 942 of the Statutes of 2001, became operative on January 1, 2003. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1…

The Office of Emergency Services shall establish an advisory committee which shall develop a course of training for district attorneys in the investigation and prosecution of sexual assault cases, child sexual exploitation cases, child sexual abuse cases, and sexual abuse cases i…

The committee shall consist of 11 members. Five shall be appointed by the Director of Emergency Services, and shall include three district attorneys or assistant or deputy district attorneys, one representative of a city police department or a sheriff or a representative of a she…

(a) The office shall reimburse each county for the costs of salaries and transportation to the extent necessary to permit up to 10 percent of the staff of the district attorney to complete the course of training established pursuant to this chapter. The office shall prescribe the…

(a) If, in the opinion of the Secretary of the Department of Corrections and Rehabilitation, the rehabilitation of any mentally ill, mentally deficient, or insane person confined in a state prison may be expedited by treatment at any one of the state hospitals under the jurisdict…

Upon the receipt of a prisoner, as herein provided, the superintendent of the state hospital shall notify the Director of Corrections of that fact, giving his name, the date, the prison from which he was received, and from whose hands he was received. When in the opinion of the s…

(a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of firearms made to any person who satisfies both of the following requirements: (1) The person is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 …

(a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of a handgun, and commencing January 1, 2014, any firearm, by a dealer in either of the following situations: (1) The dealer is delivering the firearm to another dealer, the firear…

(a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of a firearm to the holder of a special weapons permit issued by the Department of Justice pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900)…

(a) The waiting period described in Section 27540 does not apply to the sale, delivery, loan, or transfer of a firearm if all of the following conditions are satisfied: (1) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulation…

(a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615: (1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) A…

(a) Subdivision (a) of Section 31615 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, …

Subdivision (a) of Section 31615 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 lo…

(a) Subdivision (a) of Section 31615 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,…

(a) Subdivision (a) of Section 31615 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…

(a) Subdivision (a) of Section 31615 does not apply to a sale, delivery, or transfer of firearms if both of the following requirements are satisfied: (1) The sale, delivery, or transfer is to an authorized representative of a city, city and county, county, or state government, or…

Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by an authorized law enforcement representative of a city, county, city and county, or state, or of the federal government, to any public or private nonprofit historical soc…

Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection,…

Subdivision (a) of Section 31615 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and …

Subdivision (a) of Section 31615 shall not apply to the sale, delivery, or transfer of a handgun to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the licensee is receiving the handgun in the course and scope of the licensee’s activities as a person licen…

Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following conditions exist: (a) The person loaning the firearm is at all times within the presence of the person being loaned the firearm. (b) The loan is for a lawful purpose. (c) The loan doe…

Subdivision (a) of Section 31615 does not apply to the delivery of a firearm to a gunsmith for service or repair, or to the return of the firearm to its owner by the gunsmith, or to the delivery of a firearm by a gunsmith to a person licensed pursuant to Chapter 44 (commencing wi…

Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following requirements are satisfied: (a) The sale, delivery, or transfer is made by a person who resides in this state. (b) The sale, delivery, or transfer is made to a p…

Subdivision (a) of Section 31615 does not apply to the loan of a firearm to a person 18 years of age or older for the purposes of shooting at targets if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club…