Title PEN, California Penal Code

Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met: (a) The firearm being loaned is lawfully owned by the person making the loan pursuant to Section 11106. (b) The firearm being loaned is stored in the receiver’s place of resi…

Section 27545 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 does not exceed three …

Section 27545 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 with Section 921) of …

Section 27545 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 person who resides o…

Section 27545 does not apply to the loan of a firearm other than a handgun at an auction, raffle, or similar event conducted by a nonprofit public benefit or mutual benefit corporation organized pursuant to the Corporations Code if all of the following apply: (a) The firearm at a…

Section 27545 does not apply to the transfer of a firearm if all of the following requirements are satisfied: (a) The firearm is not a handgun. (b) The firearm is donated for an auction, raffle, or similar event described in Section 27900. (c) The firearm is delivered to the nonp…

Section 27545 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 or organization or…

(a) Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met: (1) If the …

(a) Section 27545 does not apply to a person who takes possession of a firearm and subsequently delivers that firearm to a law enforcement agency if all of the following requirements are met: (1) The person found the firearm or took the firearm from a person who was committing a …

(a) Section 27545 does not apply to a person who takes possession of a firearm by operation of law in a representative capacity who subsequently transfers ownership of the firearm to himself or herself in an individual capacity. (b) Until January 1, 2015, in the case of a handgun…

Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following: (a) Sections 18000 and 18005. (b) Division 4 (commencing with Section 18250) of Title 2. (c) Chapter 2 (commencing with Section 33850) of Division 11. (d) Sections…

Section 27545 does not apply to the sale, delivery, or transfer of unloaded firearms to a wholesaler as merchandise in the wholesaler’s business by a manufacturer or importer licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of t…

Section 27545 does not apply to sales, deliveries, or transfers of firearms made pursuant to Section 26556. (Added by Stats. 2019, Ch. 738, Sec. 25. (SB 376) Effective January 1, 2020.)

Section 27545 does not apply to the sale, delivery, or transfer of a firearm regulated pursuant to any of the following statutes, if the sale, delivery, or transfer of that firearm is conducted in accordance with the applicable provisions of the statute: (a) Chapter 1 (commencing…

Section 27545 does not apply to the loan of a firearm to a minor in compliance with the applicable exemptions set forth in Section 27505. (Repealed and added by Stats. 2021, Ch. 250, Sec. 11. (SB 715) Effective January 1, 2022.)

Section 27545 does not apply to the loan of a firearm, other than a handgun, to a licensed hunter for use by that hunter for a period of time not to exceed the duration of the hunting season for which the firearm is to be used. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Ef…

Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied: (a) The loan is infrequent, as defined in Section 16730. (b) The firearm is unloaded. (c) The loan is made by a person who is neither a dealer nor a federal firearms licensee…

(a) Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied: (1) The firearm is unloaded. (2) The loan is made by a person who is not a dealer but is a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) …

Section 27545 does not apply to the sale, delivery, or transfer of firearms between or to manufacturers of ammunition licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant…

If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm: (a) The firearm is not a handgun. (b) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or it…

Section 27545 does not apply to the loan of a firearm if the loan of the firearm is 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, for purposes of particip…

(a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications: (…

(a) A pistol may be submitted for testing described in Section 32010 and added to the roster described in subdivision (a) of Section 32015 without being subject to the requirements of subparagraph (D) or (E) of paragraph (2) of subdivision (a) of Section 31910, or the requirement…

(a) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic or Paralympic target shooting events. Therefore, those pistols that are sanctioned by the Los Angeles Organizing Committee for the Olympic and Paralympic Gam…

Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following: (a) The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 2754…

(a) A person who is exempt from Section 27545 or is otherwise not required by law to report the acquisition or ownership of a firearm may submit that information to the Department of Justice in a manner and format prescribed by the department. (b) The form described in subdivisio…

There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction: 1. Guilty. 2. Not guilty. 3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that…

The Legislature finds and declares all of the following: (a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the pote…

(a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those c…

(a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement verbatim on the record to the defendant: If you are …

(a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a …

(a) The Legislature finds and declares all of the following: (1) The California Supreme Court held in Doe v. Harris (2013) 57 Cal.4th 64 that, as a general rule, plea agreements are deemed to incorporate the reserve power of the state to amend the law or enact additional laws for…

Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and shall be taken down in shorthand by the official reporter if one is present. All pleas of guilty or nolo contendere to misdemeanors or felonies shall be oral …

Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a …

The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to which an answer is required by Section 1025. (Amended by Stats. 1951, Ch. 1674.)

All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in evidence under the plea of not guilty. (Amended by Stats. 1968, Ch. 122.)

If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acqui…

Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory pleading on which the trial was had. (Amended by Stats. 1951, Ch. 1674.)

When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a bar to another prosecution for the offense charged in such accusatory pleading, or for an attempt to commit the same, or for a…

If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered. (Amended by Stats. 1951, Ch. 1674.)

(a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense charged against him or her, he or she shall be asked whether he or she has suffered the prior conviction. If the defendant ente…

(a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in that trial the defendant shall be conclusively presumed to have been sane at th…

A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or other treatment facility only under one or more of the following circumstances: (a) Pursuant to the provisions of Section 1026.2. (…

(a) An application for the release of a person who has been committed to a state hospital or other treatment facility, as provided in Section 1026, upon the ground that sanity has been restored, may be made to the superior court of the county from which the commitment was made, e…

A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.2 as amended by Section 3.5 of Chapter 1488 of the Statutes of 1984, may be placed on outpatient status from the commitment as pr…

(a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from or who escapes while being conveyed to or from the state hospital or facility, is punishable by imprisonment in the county…