Title PEN — California Penal Code

Until January 1, 2014, Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to himself or herself.

Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the loan of an unloaded firearm by a dealer who also operates a target facility that holds a business or regulatory license on the premises of the building designated in the li…

Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do 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 …

In this chapter, “licensee” means a person, firm, or corporation that satisfies both of the following: (a) Has a license issued pursuant to subdivision (b) of Section 29050. (b) Is among those recorded in the centralized list specified in Section 29060.

(a) The Department of Justice shall accept applications for, and shall grant licenses permitting, the manufacture of firearms within this state. (b) No license shall be granted by the department unless and until the applicant presents proof that the applicant has all of the follo…

(a) The department shall adopt regulations to administer this chapter and Chapter 1 (commencing with Section 29010). (b) The department shall recover the full costs of administering the program by collecting fees from license applicants. Recoverable costs shall include, but not b…

(a) Except as otherwise provided in subdivisions (a) and (b) of Section 20965, the Department of Justice shall maintain a centralized list of all persons licensed pursuant to subdivision (b) of Section 29050. (b) The centralized list shall be provided annually to each police depa…

(a) Except as provided in subdivision (b), the license of any licensee who violates this chapter may be revoked. (b) The license of any licensee who knowingly or with gross negligence violates this chapter or violates this chapter three times shall be revoked, and that person, fi…

(a) The department shall make information concerning the location and name of a licensee available, upon request, for the following purposes only: (1) Law enforcement. (2) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) …

The Department of Justice shall maintain and make available upon request information concerning all of the following: (a) The number of inspections conducted and the amount of fees collected pursuant to Section 29055. (b) The number of licensees removed from the centralized list …

A licensee shall comply with the prohibitions and requirements described in this article.

The business of a licensee shall be conducted only in the buildings designated in the license.

A licensee shall display the license or a copy thereof, certified by the department, on the premises where it can easily be seen.

(a) Whenever a licensee discovers that a firearm has been stolen or is missing from the licensee’s premises, the licensee shall report the loss or theft within 48 hours of the discovery to all of the following: (1) The Department of Justice, in a manner prescribed by the departme…

(a) A licensee shall require that each employee obtain a certificate of eligibility pursuant to Section 26710, which shall be renewed annually, before being allowed to come into contact with any firearm. (b) A licensee shall prohibit any employee who the licensee knows or reasona…

(a) Each firearm a licensee manufactures in this state shall be identified with a unique serial number stamped onto the firearm utilizing the method of compression stamping. (b) Licensed manufacturers who produce fewer than 500 firearms in a calendar year within this state may se…

(a) A licensee shall record the type, model, caliber, or gauge, and serial number of each firearm manufactured or acquired, and the date of the manufacture or acquisition, within one business day of the manufacture or acquisition. (b) The licensee shall maintain permanently withi…

(a) A licensee shall allow the department to inspect the building designated in the license to ensure compliance with the requirements of this chapter. (b) A licensee shall allow any peace officer, authorized law enforcement employee, or Department of Justice employee designated …

A licensee shall store in a secure facility all firearms manufactured and all barrels for firearms manufactured.

Except as otherwise provided in Section 29142, as used in this chapter, “secure facility” means that the facility satisfies all of the following: (a) The facility is equipped with a burglar alarm with central monitoring. (b) All perimeter entries to areas in which firearms are st…

(a) For purposes of this chapter, any licensed manufacturer who produces fewer than 500 firearms in a calendar year within this state may maintain a “secure facility” by complying with all of the requirements described in Section 29141, or may design a security plan that is appro…

(a) A licensee shall notify the chief of police or other head of the municipal police department in the city or city and county where the building designated in the license is located that the licensee is manufacturing firearms within that city or city and county and the location…

(a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narco…

(a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b,…

(a) (1) Upon conviction of, or adjudication for, any offense that renders a person subject to Section 29800, 29805, 29815, 29820, or 29825, the person shall relinquish all firearms they own, possess, or have under their custody or control in the manner provided in this section wi…

The Department of Justice shall provide local law enforcement agencies and the district attorney access through an electronic portal to information regarding individuals residing in their jurisdiction listed in the Armed Prohibited Persons System who have not provided proof of re…

(a) Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, purchases, receives, or has in possession or under custody or control, any firearm, but who is not subject …

(a) This section applies to a person who satisfies both of the following requirements: (1) The person meets one of the following: (A) The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code. (B) The person w…

(a) A person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Pro…

(a) A person subject to a protective order issued pursuant to subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9 shall relinquish any firearm they possess or control pursuant to this section. (b) Upon the issuance of a protective…

(a) A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in their possession, or of which they are the owner, to…

(a) A violation of Section 29800, 29805, 29815, or 29820 is justifiable where all of the following conditions are met: (1) The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm. (2) The person po…

(a) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by Section 29805 because of a convicti…

(a) Any person who is subject to the prohibition imposed by Section 29805 because of a conviction of an offense prior to that offense being added to Section 29805 may petition the court only once for relief from this prohibition. (b) The petition shall be filed with the court in …

Law enforcement officials who enforce the prohibition specified in Section 29805 against a person who has been granted relief pursuant to Section 29855 or 29860 shall be immune from any liability for false arrest arising from the enforcement of Section 29805 unless the person has…

Subject to available funding, the Attorney General, working with the Judicial Council, the California Alliance Against Domestic Violence, prosecutors, and law enforcement, probation, and parole officers, shall develop a protocol for the implementation of the provisions of Section…

(a) If the Department of Justice determines that a person prohibited from owning, purchasing, receiving, or possessing a firearm by this chapter, Chapter 3 (commencing with Section 29900), or Section 8100 or 8103 of the Welfare and Institutions Code has attempted to acquire a fir…

This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004.

(a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that …

As used in this chapter and in Sections 16780, 17000, 27555, 27560, 27565, 27875, 27920, 27966, and 28000, “assault weapon” means the following designated semiautomatic firearms: (a) All of the following specified rifles: (1) All AK series including, but not limited to, the model…

(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A …

(a) The Attorney General shall prepare a description for identification purposes, including a picture or diagram, of each assault weapon listed in Section 30510, and any firearm declared to be an assault weapon pursuant to former Section 12276.5, as it read in Section 3 of Chapte…

As used in this part, “.50 BMG cartridge” means a cartridge that is designed and intended to be fired from a center fire rifle and that meets all of the following criteria: (a) It has an overall length of 5.54 inches from the base to the tip of the bullet. (b) The bullet diameter…

(a) As used in this part, “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. (b) A “.50 BMG rifle” does not include any antique firearm, nor any curio or relic as defined in Section 478.11 of Title 27 …

(a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, …

(a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding sub…

(a) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment. (b) Notw…

Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this article may receive an additional, consecutive punishment of one year for violating this article, in addition and consecutive to the punishment, including enhancem…

As used in this chapter, the date a firearm is an assault weapon is the earliest of the following: (a) The effective date of an amendment to Section 30510 or to former Section 12276 that adds the designation of the specified firearm. (b) The effective date of the list promulgated…

Sections 30600, 30605, and 30610 do not apply to the sale of an assault weapon or .50 BMG rifle to, or the purchase, importation, or possession of an assault weapon or a .50 BMG rifle by, the Department of Justice, police departments, sheriffs’ offices, marshals’ offices, the Dep…