Title PEN, California Penal Code

Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun if all of the following conditions are satisfied: (a) The open carrying occurs at an auction, raffle, or similar event of a nonprofit public benefit or mutual …

Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to paragraph (3) of subdivision (b) of Section 171c. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)

Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to Section 171d. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)

Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to subparagraph (F) of paragraph (1) subdivision (c) of Section 171.7. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)

Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun on publicly owned land, if the possession and use of a handgun is specifically permitted by the managing agency of the land and the person carrying that handgun is in lawful possession of that ha…

Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)

Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances: (a) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person wh…

Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when done in accordance with the provisions of subdivision (d) of Section 171.5. (Added by Stats. 2012, Ch. 700, Sec. 11. (AB 1527) Effective January 1, 2013.)

Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances: (a) By a person who finds that handgun, if the person is transporting the handgun in order to comply with Article 1 (com…

As used in this article, the following words have the following meanings: (a) “Purchase” means the purchase, loan, or transfer of a firearm. (b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm. (c) “Sale” means the sale, loan, or tr…

The Department of Justice shall prescribe the form of the register and the record of electronic transfer pursuant to Section 28105. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

(a) For all firearms, the register or record of electronic transfer shall include all of the following information: (1) The date and time of sale. (2) The make of firearm. (3) Peace officer exemption status pursuant to the provisions listed in subdivision (c) of Section 16585, an…

Where the register is used, the following shall apply: (a) Dealers shall use ink to complete each document. (b) The dealer or salesperson making a sale shall ensure that all information is provided legibly. The dealer and salespersons shall be informed that incomplete or illegibl…

The dealer or salesperson making a sale shall ensure that all required information has been obtained from the purchaser. The dealer and all salespersons shall be informed that incomplete information will delay sales. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective Jan…

(a) The purchaser’s name, date of birth, and driver’s license or identification number shall be obtained electronically from the magnetic strip on the purchaser’s driver’s license or identification and shall not be supplied by any other means, except as authorized by the departme…

To the extent and insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress, all goods, wares, and merchandise manufactured, produced, or mined wholly or in part by prisoners (except prisoners on parole or probatio…

No person, firm, partnership, association or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares or merchandise manufactured, assembled, produced or mined in whole or in part by prisoners in any penitentiary, prison…

It is hereby specifically provided that any article of prison-made goods, wares or merchandise, as described in the preceding section, may be labeled by the attachment of a label not smaller than four inches long and two inches wide, upon which is printed the words “Convict-made”…

The size and type of such stenciling or label must be consistent with the size and character of the merchandise to which such stenciling or label applies. The size, type and character of such stenciling or label will be subject to the approval of the officials of the State of Cal…

No person, firm, partnership, association or corporation within this state shall sell or offer, trade, consign, keep, expose, or display for sale any goods, wares or merchandise manufactured, assembled, produced, or mined in whole or in part by prisoners in any penitentiary, pris…

No person, firm, partnership, association, or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares or merchandise manufactured, assembled, produced or mined in whole or in part by the prisoners in any penitentiary, p…

Any person, firm, partnership, association or corporation within this State, when advertising in any periodical or publication any goods, wares or merchandise made in whole or in part by prisoners in any penitentiary, prison, reformatory or other establishment in which prison lab…

Any person, firm, partnership, association or corporation violating the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) or more than five hundred dollars ($500) for each offen…

The State Superintendent of Weights and Measures or any deputy or inspector authorized by him, shall have access to any premises or any records held by any person, firm, partnership, association or corporation containing any information pertaining to the prison-made goods, wares …

The enforcement of the provisions of this article shall be under the supervision of the State Superintendent of Weights and Measures. (Added by Stats. 1941, Ch. 106.)

The provisions of this article shall not apply to any goods, wares or merchandise manufactured in any penitentiary or prison of this State. (Added by Stats. 1941, Ch. 106.)

No person or corporation may sell, expose for sale or offer for sale any goods, wares or merchandise manufactured, produced or mined wholly or in part by prisoners (except prisoners on parole or probation) or manufactured, produced or mined wholly or in part in any State prison t…

(a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, includ…

(a) The specimens, samples, and print impressions required by this chapter shall be collected from persons described in subdivision (a) of Section 296 for present and past qualifying offenses of record as follows: (1) Collection from any adult person following arrest for a felony…

(a) Whenever the DNA Laboratory of the Department of Justice notifies the Department of Corrections and Rehabilitation or any law enforcement agency that a biological specimen or sample, or print impression is not usable for any reason, the person who provided the original specim…

(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 117…

(a) The unlawful carrying of any handgun in violation of Section 26350 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not apply to either of the following: (1) Any firearm that was used in the violation of any provision of the Fish and Game Code o…

As used in this article, the following words have the following meanings: (a) “Purchase” means the purchase, loan, or transfer of a firearm. (b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm. (c) “Sale” means the sale, loan, or tr…

(a) Until January 1, 1998, the Department of Justice shall determine the method by which a dealer shall submit firearm purchaser information to the department. The information shall be in one of the following formats: (1) Submission of the register described in Article 2 (commenc…

(a) (1) Where the register is used, the purchaser of any firearm shall be required to present to the dealer clear evidence of the person’s identity and age. (2) The dealer shall require the purchaser to sign the purchaser’s current legal name and affix the purchaser’s residence a…

(a) (1) Where the electronic or telephonic transfer of applicant information is used, the purchaser shall be required to present to the dealer clear evidence of the person’s identity and age. (2) The dealer shall require the purchaser to sign the purchaser’s current legal name to…

(a) (1) Upon submission of firearm purchaser information, the Department of Justice shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, in …

(a) The Department of Justice may require the dealer to charge each firearm purchaser a fee not to exceed one dollar ($1), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department o…

(a) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported …

(a) The Department of Justice may, in addition to the fee described in Sections 28225 and 28230, require a dealer to charge each firearm purchaser a fee in the amount of thirty-one dollars and nineteen cents ($31.19). (b) Moneys received by the department pursuant to this section…

Except as otherwise provided in Section 28233, moneys received by the department pursuant to this article shall be deposited in the Dealers’ Record of Sale Special Account of the General Fund, which is hereby created, to be available, upon appropriation by the Legislature, for ex…

Except as otherwise specified, each fee prescribed in this article shall only be charged once for a single transaction on the same date for taking title or possession of any number of firearms. (Amended by Stats. 2024, Ch. 540, Sec. 14. (AB 3064) Effective January 1, 2025.)

Whenever the Department of Justice acts pursuant to this article as it pertains to firearms other than handguns, the department’s acts or omissions shall be deemed to be discretionary within the meaning of the Government Claims Act pursuant to Division 3.6 (commencing with Sectio…

(a) Any person who does any of the following is guilty of a misdemeanor: (1) Furnishing a fictitious name or address for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (2) Knowingly furnishing any incorrect information for the regis…

Commencing January 1, 2014, if after the conclusion of the waiting period described in Sections 26815 and 27540, the individual named in the application as the purchaser of the firearm takes possession of the firearm set forth in the application to purchase, the dealer shall noti…

(a) Subject to the limitations in paragraph (3) of this subdivision, only the following laboratories are authorized to analyze crime scene samples and other forensic identification samples of known and unknown origin and to upload and compare those profiles against available stat…