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84 KiB
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2001 lines
84 KiB
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CALIFORNIA FIREARMS LAWS 1991
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Department Of Justice
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Daniel E. Lundgren
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Attorney General
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PREFACE TO THE ELECTRONIC EDITION
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This electronic edition has been produced by SoftServ
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Publishing Services, Inc., by OCR-scanning in the text from the
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printed document made available by the Department of Justice,
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State of California. While we have proofread our edition in an
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attempt to keep out errata, we make no guarantees for the
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accuracy of this electronic edition, or its fidelity to the
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original. For those requiring such accuracy, a printed copy may
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be obtained from:
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The Office of the Attorney General
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Accounting Office
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P.O. Box 944255, 5th floor
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Sacramento, California 94244-2550.
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In this edition, italics and underlining are represented by
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a backslash ("\") surrounding the highlighted material; boldface
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is represented by double-backslashes ("\\"). Characters or
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symbols not in the AScii character set have been eliminated.
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The page numbers of the original have been preserved in this
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edition, and page breaks are represented by a row of asterisks.
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SoftServ Publishing Services, Inc.
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P.O. Box 94
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Long Beach, CA 90801-0094
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Voice: (213) 827-7259 M-F, 10AM - 6PM
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Fax: (213) 827-7259, 24 hrs. (Manual fax: Touchtone 23 after pickup)
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SoftServ Paperless Bookstore BBS: (213) 827-3160, 24 hrs.
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************************************************************
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This pamphlet provides a general reference to provisions of
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California law governing possession and use of firearms. These
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guidelines, together with simple common sense and adequate
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training in firearm use, can help reduce needless deaths and
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injuries and prevent unintended violations of the law.
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DANIEL E. LUNGREN
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Attorney General
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CALIFORNIA FIREARMS LAWS 1991
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TABLE OF CONTENTS
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SECTION PAGE
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INTRODUCTION 1
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DEFINITIONS
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Firearms 1
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Handguns 1
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1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
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Short-Barreled Shotguns and Rifles, Camouflaging Firearm
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Containers, Cane and Wallet Guns, Plastic Firearms,
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Flechette Darts, Zip Guns, Unconventional Pistols,
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Multiburst Trigger Activators, Explosive Bullets 1
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Exceptions 3
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Machine Guns 3
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Assault Weapons 3
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Armor-Piercing Bullets 5
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Larger Caliber Weapons and Tracer Ammunition 5
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Firearm Silencers 5
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Sniperscopes 6
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Boobytraps 6
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2. PERSONS ELIGIBLE TO POSSESS HANDGUNS AND FIREARMS
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Handguns and Firearms in the Home or Business 6
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Licenses to Carry Concealed Weapons 6
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3. PERSONS INELIGIBLE TO POSSESS FIREARMS
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Persons Convicted of Felonies or Other Specified Crimes 7
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Persons Convicted of Misdemeanor Violations of Specified
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Offenses 8
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Persons Prohibited from Possession, Purchase of Firearms as
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a Condition of Probation 9
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Persons Subject to Juvenile Court Law 9
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Mental Patients, Mentally Disordered Sex Offenders, Persons
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Adjudicated a Danger to Others, Persons Incompetent to
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Stand Trial, Gravely Disabled Conservatees and Persons
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Taken into Custody as a Danger to Self or Others Because
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of a Mental Disorder 10
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Persons Subject to a Restraining Order 10
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Minors 10
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4. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
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Use of a Firearm or Other Deadly Force in Defense of Life
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and Body 11
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Self-Defense Against Assault 11
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Protecting One's Home 11
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Defense of Property 12
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Limitations on the Use of Force in Self-Defense 12
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5. CARRYING A CONCEALED WEAPON
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Carrying a Concealed Handgun on One's Person or in a Vehicle
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Without a License 12
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Exceptions 13
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Carrying a Loaded Firearm in a Public Place 14
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Exceptions 14
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6. FIREARMS AND PICKETING ACTIVITY
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General Exceptions Are Not Applicable 15
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7. FLAREGUNS
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Lawful Possession of a Flaregun 16
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Unlawful Possession of a Flaregun 16
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8. SELLING AND TRANSPORTING FIREARMS AND AMMUNITION
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Sale or Transfer of Firearms 16
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Sale or Transfer of Firearms to Mental Patients 17
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Sale or Transfer of Firearms or Related Devices to Minors 17
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Sale, Manufacture, Possession or Transport of Machine Guns 17
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Possession, Transport, Sale and Manufacture of Assault
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Weapons 17
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Use of United States Postal Service, Private Parcel Delivery
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or Common Carrier 18
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9. FORFEITURES OF FIREARMS
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Forfeiture for Violation of the Penal Code 18
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Forfeiture for Violation of the Fish and Game Code 18
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10. OTHER PROHIBITED ACTS
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Obliteration or Alteration of Firearm Identification 18
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Firearms on School Grounds 18
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Exceptions 18
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Discharge of Firearms at Inhabited/Occupied Dwellings,
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Buildings, Vehicles, Aircraft 19
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Discharge of Firearms at Unoccupied/Uninhabited Aircraft,
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Unoccupied Motor Vehicles, Buildings, Dwellings 19
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Discharge of a Firearm from a Motor Vehicle 19
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Threatening Acts with Firearms on Public Streets or Highways 19
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Threatening Acts with Replica Firearms 20
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Forfeiture of Vehicles Used in Offenses Involving the
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Discharge or Brandishing of a Firearms 20
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Sell or Distribute Imitation Firearms 20
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Advertising of Prohibited Weapons 20
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11. FIREARM SAFETY INSTRUCTION
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Certificate of Completion for Hunting Licenses 20
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Handgun Safety Training 21
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Firearms Safety and Training Courses Provided by Firearm
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Clubs or Associations 22
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12. APPENDIX 1, SUMMARY OF MAJOR FIREARMS BILLS EFFECTIVE
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JANUARY 1, 1991 23
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CALIFORNIA FIREARMS LAWS 1991
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CALIFORNIA FIREARMS LAWS
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INTRODUCTION
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This pamphlet contains a general summary of California laws
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that govern common possession and use of firearms. It is not
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designed to provide individual guidance for specific situations,
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nor does it attempt to summarize federal law. The legality of any
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specific act of possession or use will ultimately be determined
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by applicable federal and state statutory and case law. Persons
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having specific questions are encouraged to seek direct legal
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advice from a lawyer or to consult their local law enforcement
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agency or law library.
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The California Department of Justice and all other public
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entities are immune from any liability arising from the drafting,
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publication, or dissemination of this pamphlet, or any reliance
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upon it. (Penal Code, 12080.)
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DEFINITIONS
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\\Firearms\\
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The term \firearm\ includes rifles, shotguns, revolvers,
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pistols or any other device designed to be used as a weapon from
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which a projectile is expelled by the force of any explosion or
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other form of combustion. The term \firearm\ excludes unloaded
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antique firearms and curios and relics as defined in federal law
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from licensing requirements and the age, waiting period and sales
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between private party provisions of Sections 12070,12071, and
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12072 (b) (c) and (d) of the Penal Code respectively. (Penal
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Code, 12001.) The term \firearm\ also includes, only for the
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purposes of dealer licensing and reports of sales, BB and pellet
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guns and spot marker guns used in war games. (Penal Code,
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12001.1.)
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\\Handguns\\
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For purposes of this pamphlet, a \handgun\ is any pistol,
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revolver, or other firearm that has a barrel length of less than
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16 inches and that can be concealed upon the person. (Penal Code,
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12001.)
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BB, pellet, and spot marker guns are not considered conceal-
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able for any purpose. (Penal Code, 12001.1.)
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1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES
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\\Short-Barreled Shotguns and Rifles, Camouflaging Firearm Con-
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tainers, Cane and Wallet Guns, Plastic Firearms, Flechette Darts,
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Zip Guns, Unconventional Pistols, Multiburst Trigger Activators,
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Explosive Bullets\\
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It is unlawful for any person to own, possess, manufacture,
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import, sell, or offer to sell any short-barreled shotgun or
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short-barreled rifle, any firearm that is not immediately recog-
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nizable as a firearm, any camouflaging firearm container, any
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cane or wallet gun, any plastic firearm, any ammunition that
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contains or consists of a flechette dart, any zip gun, any uncon-
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ventional pistol, any multiburst trigger activator effective
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January 1, 1992, or any bullet that contains or carries an explo-
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sive agent. (Penal Code, 12001.5, 1 2020(a).)
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CALIFORNIA FIREARMS LAWS 1991 - Page 2
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\A short-barreled shotgun\ means a firearm designed or rede-
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signed to fire a fixed shotgun shell that has a barrel or barrels
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of less than 18 inches in length or an overall length of less
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than 26 inches; any weapon made from a shotgun which meets the
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barrel length and overall length criteria; any device which may
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be restored to fire a fixed shotgun shell which meets the barrel
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length and overall length criteria; or any part or combination of
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parts designed and intended to convert a device into a short-
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barreled shotgun or which would permit an individual to readily
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assemble a short-barreled shotgun. (Penal Code, 1 2020(c) (1).)
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\A short-barreled rifle\ means a rifle having a barrel
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length of less than 16 inches and an overall length of less than
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26 inches; any weapon made from a rifle which meets the barrel
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length and overall length criteria; any device which may be
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restored to fire a fixed cartridge which meets the barrel length
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and overall length criteria; or any part or combination of parts
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designed and intended to convert a device into a short-barreled
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rifle or which would permit an individual to readily assemble a
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short-barreled rifle. (Penal Code, 1 2020(c)(2).)
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\A camouflaging firearm container\ means a container de-
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signed to enclose a firearm, which allows the firing of the
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enclosed firearm by external controls while enclosed in the
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container and which makes the firearm unrecognizable. The term
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excludes any camouflage gear used in hunting. (Penal Code,
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12020(c)(9).)
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\A cane gun\ means any firearm mounted or enclosed in a
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stick, staff, rod, crutch, or similar device designed to be, or
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capable of being, used as an aid in walking, if such firearm may
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be fired while mounted or enclosed therein. (Penal Code,
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12020(c)(5).)
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\A wallet gun\ means any firearm mounted or enclosed in a
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case resembling a wallet, designed to be or capable of being
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carried in a pocket or purse, if such firearm may be fired while
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mounted or enclosed in such case. (Penal Code, 12020(c)(4).)
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\A plastic firearm\ means any weapon, after grips, stocks
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and magazines are removed, which is less detectable than the
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security test devices which are used to calibrate and set walk-
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through metal detectors; or a weapon which has a major component
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made of barium sulfate or other compounds which do not generate
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an image accurately depicting the component on the x-ray machines
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commonly used at airports. (Penal Code, 1 2020(c) (22) .)
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\A flechette dart\ means a dart one inch in length that is
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capable of being fired from a firearm and that has tail fins that
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take up five-sixteenths of an inch of the body. (Penal Code,
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12020(c)(6).)
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\A zip gun\ means a firearm made or altered to expel a
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projectile by the force of an explosion or other form of combus-
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tion which has a barrel or barrels less than 18 inches in length
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or an overall length of less than 26 inches and which was not
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imported by a person licensed pursuant to federal law, not de-
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signed as a firearm by a manufacturer licensed pursuant to feder-
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al law and on which no federal tax was paid nor exemption from
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federal tax granted. (Penal Code, 12020(c)(10).)
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An \unconventional pistol\ means a smooth bore pistol or
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revolver having a barrel less than 18 inches in length and an
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overall length of less than 26 inches. (Penal Code, 1 2020(c)
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(12) .)
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\A multiburst trigger activator\ means a device designed or
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redesigned to be attached to a semiautomatic firearm, which
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allows the firearm to discharge two or more shots in a burst by
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activating the device. (Penal Code, 1 2020(c) (23).)
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The term \bullet containing\ or \carrying an explosive
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agent\ does not include tracer ammunition manufactured for use in
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shotguns. (Penal Code, 12020(b)(6).)
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CALIFORNIA FIREARMS LAWS 1991 - Page 3
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\\Exceptions\\
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The general prohibition in this section does not include
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antique firearms. An \antique firearm\ is defined as any firearm
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that was manufactured in or before 1898 (including any matchlock,
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flintlock, percussion cap, or similar type of ignition system or
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replica thereof, regardless of the date of manufacture not de-
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signed or redesigned for using rimfire or centerfire ammunition).
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Firearms manufactured in or before 1898 that use fixed ammunition
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and for which ammunition is no longer manufactured in the United
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States and is not readily available in the ordinary channels of
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commercial trade are also considered antiques. (Penal Code,
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12020(b)(5).)
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This general prohibition also does not include any firearm
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or ammunition that is a "curio" or "relic" as defined in section
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178.11 of title 27 of the Code of Federal Regulations and that is
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in the possession of a person permitted to possess such items
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pursuant to chapter 44 (commencing with section 921) of title 18
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of the United States Code and the regulations issued pursuant
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thereto. (Penal Code, 12020(b)(7).)
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Law enforcement agencies and military forces may purchase
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and possess short-barreled shotguns and short-barreled rifles and
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the Department of Justice may authorize their manufacture, pos-
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session, transportation and sale by permit. (Penal Code,
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12020(b)(1),
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\\Machine Guns\\
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It is unlawful for any person to sell, offer for sale,
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possess, or knowingly transport any machine gun. (Penal Code,
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12220.)
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The term \machine gun\ means any weapon that shoots or is
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designed to shoot more than one shot automatically (without
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manual reloading) by a single function of the trigger. The term
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also includes any frame or receiver of a machine gun and any part
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or combination of parts designed and intended for use in convert-
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ing an otherwise legal weapon into a machine gun. The term also
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includes any weapon deemed by the Federal Bureau of Alcohol,
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Tobacco, and Firearms as readily convertible to a machine gun
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under chapter 53 (commencing with Section 5801) of Title 26 of
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the United States Code. (Penal Code, 1 2200.)
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These prohibitions do not apply to persons having a permit
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or license issued by the California Department of Justice to
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possess, transport, or sell machine guns (Penal Code, 12230,
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12231, 12233, 12250) or to federal or state militia or law en-
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forcement officers acting within the scope of their duties.
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(Penal Code, 12201.)
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\\Assault Weapons\\
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It is a felony for any person to manufacture, distribute,
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transport, import into California, keep, offer or expose for
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sale, give or lend an assault weapon. (Penal Code, 12280).
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"Assault weapon" means firearms known by the following trade
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names:
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(a) Rifles:
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(1) Avtomat Kalashnikovs (AK) series.
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(2) UZI and Galil.
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(3) Beretta AR-70 (SC-70).
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(4) CETME G3
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(5) Colt AR-15 series and CAR-15 series
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(6) Deawoo K-1, K-2, Max 1, and Max 2.
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CALIFORNIA FIREARMS LAWS 1991 - Page 4
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(7) Fabrique Nationale FN/FAL, FN/LAR,and FNC.
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(8) FAMAS MAS223.
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(9) Heckler & Koch HK-91, H-93, KH-94, and PSG-1.
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(10) MAC 10 and MAC 11.
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(11) SKS with detachable magazine.
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(12) SIG AMT, SIG 500 series, and SIG PE-57.
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(13) Springfield Armory BM59 and SAR-48.
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(14) Sterling MK-6 and SAR.
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(15) Steyr AUG.
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(16) Valmet M62, M71S, and M78.
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(17) Armalite AR-180 Carbine.
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(18) Bushmaster Assault Rifle (armgun).
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(19) Calico M-900 Assault Carbine.
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(20) Mandall THE TAC-1 Carbine.
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(21) Plainfield Machine Company Carbine
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(22) PJK M-68 Carbine.
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(23) Weaver Arm Nighthawk.
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(b) Pistols:
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(1) UZI.
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(2) Encom MP-9 and MP-45.
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(3) MAC 10 and MAC 11.
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(4) INTRATEC TEC-9.
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(5) Mitchell Arms Spectre Auto.
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(6) Sterling MK-7.
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(7) Calico M-900.
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(c) Shotguns:
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(1) Franchi SPAS 12 and LAW 12.
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(2) Gilbert Equipment Company Striker 12 and SWD Street Sweeper.
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(3) Encom CM-55.
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(d) Any firearm declared by a court pursuant to Section
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12276.5 to be an assault weapon. (Penal Code, 12276.)
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Persons who owned an assault weapon prior to June 1, 1 989,
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and register the weapon by January 1, 1991, with the Department
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of Justice and persons who obtain a permit from the Department of
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Justice are allowed possession and transportation under limited
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conditions. (Penal Code, 12280, 12286.)
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Any person possessing an assault weapon which has not been
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registered with the Department of Justice or who has not obtained
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a permit pursuant to Section 12285 may be found guilty of a
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public offense punishable by a prison or jail sentence.
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Persons who obtain title to a registered assault weapon
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through inheritance or who move into California in lawful posses-
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sion of an assault weapon or who lawfully possess a firearm
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subsequently declared an assault weapon pursuant to Section
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12276.5 have 90 days to do one of the following:
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(1) Obtain a permit from the Department of Justice.
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(2) Sell the weapon to a licensed gun dealer as described in
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Section 12290.
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(3) Render the weapon permanently inoperable.
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CALIFORNIA FIREARMS LAWS 1991 - Page 5
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\\Armor-Piercing Bullets\\
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It is unlawful for any person to manufacture, sell, or
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knowingly possess or transport handgun ammunition designed pri-
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marily to penetrate metal or armor. (Penal Code, 12320, 1232t.)
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\Handgun ammunition\ here means ammunition principally used
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in pistols and revolvers, notwithstanding that the ammunition may
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also be used in some rifles. (Penal Code, 1 2323.)
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This prohibition does not apply to members of the federal or
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state militia while on duty and engaged within the scope of their
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duties, to any police agency or forensic laboratory, or to per-
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sons who hold valid permits issued pursuant to Penal Code section
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12305. (Penal Code, 12322.)
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\\Larger Caliber Weapons and Tracer Ammunition\\
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It is \unlawful\ to possess any of the following:
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* Any projectile containing any explosive, incendiary material,
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or any other chemical substance including, but not limited to,
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that commonly known as tracer or incendiary ammunition, except
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tracer ammunition manufactured for use in shotguns.
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* Any bomb, grenade, explosive missile, or similar device or any
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device used to launch them.
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* Any ammunition of greater than .60 caliber or any weapon which
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fires fixed ammunition greater than .60 caliber, other than a
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shotgun or shotgun ammunition.
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* Any rocket, rocket-propelled projectile, or similar device of
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a diameter greater than 0.60 inch, or any launching device, and
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any projectile or similar device containing any explosive or
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incendiary material or any other chemical substance, other than
|
|
the propellant for such device, except for devices designed
|
|
primarily for emergency or distress signaling purposes. (Penal
|
|
Code, 12301,12303.)
|
|
|
|
These prohibitions do not apply to members of the federal or
|
|
state militia, peace officers listed in Penal Code Section 830.1
|
|
or 830.2, or any peace officer in the Department of Justice
|
|
authorized by the Attorney General, or firefighters while on duty
|
|
and acting within the scope and course of their employment (Penal
|
|
Code, 12302) or to persons having a permit issued by the Cali-
|
|
fornia Department of Justice. (Penal Code, 12305.)
|
|
|
|
\\Firearm Silencers\\
|
|
|
|
A \silencer\ is defined as a device designed, used or in-
|
|
tended for use in silencing, diminishing or muffling the report
|
|
of a firearm including any combination of parts designed or
|
|
redesigned and intended for use in fabricating or assembling a
|
|
silencer, or any part intended only for use in assembling or
|
|
fabricating a silencer. (Penal Code, 12500.)
|
|
|
|
It is a felony for any person, firm or corporation within
|
|
this state to possess any silencer for firearms. This prohibition
|
|
does not apply to any peace officer listed in Penal Code Section
|
|
830.1, or to military or naval forces of this state or of the
|
|
United States in the official discharge of their duties nor does
|
|
it apply to the manufacture, possession, transportation or sale
|
|
to agencies listed in Penal Code Section 830.1, or to military or
|
|
naval forces of this state or of the United States by dealers
|
|
registered under chapter 53, commencing with Section 5801 of
|
|
Title 26 of the U.S. Code. (Penal Code, 12520, 12501.)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 6
|
|
|
|
\\Sniperscopes\\
|
|
|
|
A \sniperscope\ is defined as a device made or adapted for
|
|
use on a firearm, which enables the operator to detect objects
|
|
during nighttime through use of a projected infrared light source
|
|
and an electronic telescope.
|
|
|
|
Any person who buys, sells, receives, disposes of, conceals,
|
|
or possesses a sniperscope is guilty of a misdemeanor. This
|
|
prohibition does not apply to authorized use or possession of
|
|
sniperscopes by members of the armed forces or peace officers and
|
|
does not prohibit use or possession solely for scientific re-
|
|
search or education purposes. (Penal Code, 468.)
|
|
|
|
\\Boobytraps\\
|
|
|
|
\Boobytraps\ are concealed or camouflaged devices designed
|
|
to cause great bodily injury when triggered by an unsuspecting
|
|
person. They include guns, ammunition, or explosives attached to
|
|
trip wires, sharpened stakes, and lines or wires with hooks
|
|
attached. It is unlawful to possess such devices with the intent
|
|
to use them as boobytraps and anyone who assembles, maintains,
|
|
places or causes such devices to be placed is guilty of a felony.
|
|
(Penal Code, 12355.)
|
|
|
|
2. PERSONS ELIGIBLE TO POSSESS HANDGUNS AND FIREARMS
|
|
|
|
Any person \not\ described as ineligible in section 3 may
|
|
lawfully possess, or have handguns or firearms in his or her
|
|
custody or control, subject to the conditions listed in sections
|
|
4 and 5.
|
|
|
|
\\Handguns and Firearms in the Home or Business\\
|
|
|
|
Any person over the age of 18 who is not prohibited from
|
|
possessing firearms and, if otherwise lawful, may keep and carry
|
|
a firearm or have a firearm loaded at his or her place of resi-
|
|
dence, temporary residence, campsite, or on private property
|
|
owned or lawfully possessed by the person. (Penal Code, 12026,
|
|
12031 (h), (1).)
|
|
|
|
Any person engaged in any lawful business (including non-
|
|
profit organizations) or any officer, employee, or agent author-
|
|
ized for lawful purposes connected with the business may possess
|
|
a loaded firearm within the place of business if that person is
|
|
over 18 years of age and not otherwise prohibited from possessing
|
|
firearms. (Penal Code, 12026, 1 2031 (h).)
|
|
|
|
NOTE: A person's place of business, residence, temporary
|
|
residence, campsite, or private property may be located in areas
|
|
where possession of handguns or firearms, whether loaded or
|
|
unloaded, is otherwise prohibited. Such areas include, but are
|
|
not limited to, state, federal, or private game reserves or
|
|
refuges, federal and state parks, and other public lands. Ques-
|
|
tions regarding the applicability of such laws should be directed
|
|
to your sheriff or chief of police, federal or state fish and
|
|
game officers, or federal or state park rangers.
|
|
|
|
\\Licenses to Carry Concealed Weapons\\
|
|
|
|
1. A license to carry a concealed handgun or other firearm
|
|
may be granted by the sheriff of the county or the chief of the
|
|
city police department where the applicant resides. Such licenses
|
|
are issued only after a finding that the applicant is of good
|
|
moral character, that good cause exists for such a license, and
|
|
the applicant is a resident of the county. (Penal Code, 12050.)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 7
|
|
|
|
2. Unless otherwise restricted, a license is valid through-
|
|
out the state.
|
|
|
|
3. If a California licensee has a need to travel armed in
|
|
another state, he or she should contact authorities in the other
|
|
state prior to leaving to determine if the license will be hon-
|
|
ored.
|
|
|
|
3. PERSONS INELIGIBLE TO POSSESS FIREARMS
|
|
|
|
\\Persons Convicted of Felonies or Other Specified Crimes\\
|
|
|
|
It is unlawful for any person who has been convicted of a
|
|
felony under the laws of the United States, the State of Califor-
|
|
nia, or any other state, government, or country, or for any
|
|
person who is addicted to any narcotic drug to own or have \any\
|
|
\firearm\ in his or her possession, custody, or control. (Penal
|
|
Code, 12021 (a).)
|
|
|
|
A \federal felony conviction\ refers to a conviction of an
|
|
offense that can only result in felony punishment under Califor-
|
|
nia law, or any sentence to a federal correctional facility for
|
|
more than 30 days, or a fine of more than $1,000, or both. (Penal
|
|
Code, 12021 (c).)
|
|
|
|
Any person who has been convicted of \any\ of the following
|
|
crimes specified in Penal Code Sections 12001.6 and 12021.1,
|
|
whether as a felony or misdemeanor, may not lawfully possess or
|
|
have custody or control of any firearm:
|
|
|
|
|
|
* Murder or voluntary manslaughter.
|
|
|
|
* Mayhem.
|
|
|
|
* Rape.
|
|
|
|
* Sodomy or oral copulation by force, violence, duress, menace,
|
|
or threat of great bodily harm.
|
|
|
|
* Lewd acts on a child under the age of 14 years.
|
|
|
|
* Any felony punishable by death or life imprisonment in the
|
|
state prison.
|
|
|
|
* Any other felony in which the defendant inflicts great bodily
|
|
injury on any person, other than an accomplice, which has been
|
|
charged and proven, or any felony in which the defendant uses a
|
|
firearm which has been charged and proven.
|
|
|
|
* Attempted murder.
|
|
|
|
* Assault with intent to commit rape or robbery.
|
|
|
|
* Assault with a deadly weapon or instrument on a peace officer.
|
|
|
|
* Assault by a life prisoner on a non-inmate.
|
|
|
|
* Assault with a deadly weapon by an inmate.
|
|
|
|
*Arson.
|
|
|
|
* Exploding a destructive device or any explosive with intent to
|
|
injure or murder.
|
|
|
|
* Exploding a destructive device or any explosive causing great
|
|
bodily harm.
|
|
|
|
* Robbery.
|
|
|
|
* Kidnapping.
|
|
|
|
* Taking of a hostage by a state prison inmate.
|
|
|
|
* Attempt to commit a felony punishable by death or imprisonment
|
|
in the state prison for life.
|
|
|
|
* Any felony in which the defendant personally used a dangerous
|
|
or deadly weapon.
|
|
|
|
* Escape from a state prison by use of force or violence.
|
|
|
|
* Assault with a deadly weapon or force likely to produce great
|
|
bodily injury.
|
|
|
|
* Any attempt to commit any of the above crimes other than an
|
|
assault. (Penal Code, 12021. 1 .)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 8
|
|
|
|
* Assault upon a person with a firearm. (Penal Code, 245(a),
|
|
12001.6.)
|
|
|
|
* Shooting at an inhabited dwelling, house or occupied building.
|
|
(Penal Code, 246, 1 2001 .6.)
|
|
|
|
|
|
(NOTE: This offense is committed even though no person was actu-
|
|
ally inside the specified structure at the time of the shooting.)
|
|
|
|
* Drawing, exhibiting, or unlawfully using any handgun or fire-
|
|
arm in a rude, angry, or threatening manner regardless of whether
|
|
the firearm was loaded. (Penal Code, 417(a)(2), 12001.6.)
|
|
|
|
* Drawing or exhibiting any firearm, whether loaded or unloaded,
|
|
in a rude, angry, or threatening manner in the presence of a
|
|
peace officer who is engaged in the performance of his or her
|
|
duty. (Penal Code, 41 7(b), 12001.6.)
|
|
|
|
\\Persons convicted of misdemeanor violations of speciFied of-
|
|
fenses\\
|
|
|
|
Any person who has been convicted of a misdemeanor violation
|
|
for the following offenses is prohibited from owning, possessing
|
|
or having under his or her custody or control any firearm within
|
|
10 years of the conviction:
|
|
|
|
* Possession of a deadly weapon with the intent to intimidate a
|
|
witness. (Penal Code, 1 36.5.)
|
|
|
|
* Threatening witnesses, victims, or informants while committing
|
|
another misdemeanor. (Penal Code. 1 40.)
|
|
|
|
* Unauthorized possession of a weapon in a courtroom, courthouse
|
|
or court building, or at a public meeting. (Penal Code, 171
|
|
(b).)
|
|
|
|
* Bringing into or possessing a loaded firearm within the state
|
|
capitol, legislative offices, etc. (Penal Code, 171 (c).)
|
|
|
|
* Taking into or possessing loaded firearms within the
|
|
governor's mansion or residence or other constitutional officer,
|
|
etc. (Penal Code, 171 (d).)
|
|
|
|
* Assault. (Penal Code, 241.)
|
|
|
|
* Battery. (Penal Code, 243.)
|
|
|
|
* Assault with a stun gun or taser weapon. (Penal Code, 244.5.)
|
|
|
|
* Assault with a deadly weapon or instrument, by any means
|
|
likely to produce great bodily injury or with a stun gun or taser
|
|
on a school employee engaged in performance of duties. (Penal
|
|
Code, 245.5.)
|
|
|
|
* Discharging a firearm in a grossly negligent manner. (Penal
|
|
Code, 246.3.)
|
|
|
|
* Shooting at an unoccupied aircraft, motor vehicle, or uninhab-
|
|
ited building or dwelling house. (Penal Code, 247.)
|
|
|
|
* Drawing, exhibiting, or using any deadly weapon other than a
|
|
firearm. (Penal Code, 41 7(a) (1).)
|
|
|
|
* Drawing or exhibiting, selling, manufacturing, or distributing
|
|
firearm replicas or imitations. (Penal Code, 417.2.)
|
|
|
|
* Bringing into or possessing firearms upon or within public
|
|
schools and grounds. (Penal Code, 626.9.)
|
|
|
|
* Driver of any vehicle who knowingly permits another person to
|
|
discharge a firearm from the vehicle or any person who willfully
|
|
and maliciously discharges a firearm from a motor vehicle. (Penal
|
|
Code, 12034(b)(d).)
|
|
|
|
* Person or corporation who sells any concealable firearm to any
|
|
minor. (Penal Code, 1 21 00(a).)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 9
|
|
|
|
* Possession of ammunition designed to penetrate metal or armor.
|
|
(Penal Code, 1 2320.)
|
|
|
|
* Carrying a concealed or loaded firearm or other deadly weapon
|
|
or wearing a peace officer uniform while picketing. (Penal Code,
|
|
12590.)
|
|
|
|
\\Persons Prohibited From Possession, Purchase of Firearms As a
|
|
Condition of Probation\\
|
|
|
|
Any person convicted of any crime for which the express
|
|
condition of probation prohibits or restricts the possession of
|
|
firearms may not lawfully own, possess, control, receive or
|
|
purchase a firearm for the duration of the probation. (Penal
|
|
Code, 12021 (d).)
|
|
|
|
\\Persons Subject to Juvenile Court Law\\
|
|
|
|
Any person subject to juvenile court law and adjudged a ward
|
|
of the juvenile court for the following offenses described in
|
|
Welfare & Institutions Code Section 707(b) shall not own, pos-
|
|
sess, or have under his or her custody or control any firearm
|
|
until reaching 30 years of age. (Penal Code, 12021 (e).)
|
|
|
|
* Murder.
|
|
|
|
* Arson of an inhabited building.
|
|
|
|
* Robbery while armed with a dangerous or deadly weapon.
|
|
|
|
* Rape with force or violence or threat of great bodily harm.
|
|
|
|
* Sodomy by force, violence, duress, menace, or threat of great
|
|
bodily harm.
|
|
|
|
* Lewd or lascivious act on a child under the age of 14. (Penal
|
|
Code, 288(b).)
|
|
|
|
* Oral copulation by force, violence, duress, menace, or threat
|
|
of great bodily harm.
|
|
|
|
* Sexual assault with a foreign object. (Penal Code, 289.)
|
|
|
|
* Kidnapping for ransom.
|
|
|
|
* Kidnapping for purpose of robbery.
|
|
|
|
* Kidnapping with bodily harm.
|
|
|
|
* Assault with intent to murder or attempted murder.
|
|
|
|
* Assault with a firearm or destructive device.
|
|
|
|
* Assault by any means of force likely to produce great bodily
|
|
injury.
|
|
|
|
* Discharge of a firearm into an inhabited or occupied building.
|
|
|
|
* Specified crimes against persons 60 years of age or older,
|
|
blind persons, paraplegics or quadriplegics as described in Penal
|
|
Code Section 1203.09.
|
|
|
|
* Use of a firearm in the commission or attempted commission of
|
|
a felony; discharge of a firearm at an occupied motor vehicle
|
|
causing great bodily injury or death; use of a firearm to commit
|
|
the controlled substances violations described in Penal Code
|
|
Section 1 2022.5.
|
|
|
|
* Any felony offense in which the minor personally used a weapon
|
|
described in Penal Code Section 12020(a).
|
|
|
|
* Felony intimidation of a witness and victim as described in
|
|
Penal Code Section 136.1 or influencing the testimony or informa-
|
|
tion given to a law enforcement official as described in Penal
|
|
Code Section 137.
|
|
|
|
* Manufacturing, compounding, or selling one-half ounce or more
|
|
of any salt solution of a controlled substance specified in
|
|
Health and Safety Code Section 11 055(e).
|
|
|
|
* Any of the specified violent felonies listed in Penal Code
|
|
Section 667.5(c) committed for the benefit, direction, or associ-
|
|
ation with any criminal street gang as described in Penal Code
|
|
Section 1 86.22(b).
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 10
|
|
|
|
\\Mental Patients, Mentally Disordered Sex Offenders, Persons
|
|
Adjudicated a Danger to Others, Persons Incompetent to Stand
|
|
Trial, Gravely Disabled Conservatees and Persons Taken Into
|
|
Custody As a Danger to Self or Others Because of a Mental Disor-
|
|
der\\
|
|
|
|
No person who is a mental patient in any hospital or institution,
|
|
or on leave of absence from any hospital or institution, shall
|
|
own or have any firearm or other deadly weapon in his or her
|
|
possession or under his or her custody or control. (Welfare and
|
|
Institutions Code, 81 00.)
|
|
|
|
|
|
No person who has been adjudicated by a court of any state
|
|
to be a danger to others as a result of mental disorder or mental
|
|
illness, or a mentally disordered sex offender shall have any
|
|
firearm in his or her possession, custody, or control. (Welfare
|
|
and Institutions Code, 81 03(a).)
|
|
|
|
No person who has been found not guilty by reason of insani-
|
|
ty of any crime in any state shall have any firearm in his or her
|
|
possession, custody, or control. (Welfare and Institutions Code,
|
|
8103(b).)
|
|
|
|
No person found by a court to be mentally incompetent to
|
|
stand trial on a criminal charge shall have any firearm in his or
|
|
her possession, custody, or control. (Welfare and Institutions
|
|
Code, 81 03(d).)
|
|
|
|
No person who has been placed under conservatorship by a
|
|
court, because the person is gravely disabled, shall have any
|
|
firearm in his or her possession, custody, or control, where
|
|
prohibited by the court. (Welfare and Institutions Code,
|
|
8103(e).)
|
|
|
|
No person who has been taken into custody, assessed and
|
|
admitted to a designated facility because that person is a danger
|
|
to himself, herself, or others or has been certified for inten-
|
|
sive treatment shall own, possess, control, receive or purchase
|
|
any firearm for a period of five years after the person is re-
|
|
leased from the facility. (Welfare & Institutions Code,
|
|
8103(f)(g).)
|
|
|
|
NOTE: Any individual who knowingly supplies, sells, gives,
|
|
or otherwise allows these persons to possess or control any fire-
|
|
arm or other deadly weapon is guilty of a felony. (Welfare and
|
|
Institutions Code, 8101.)
|
|
|
|
\\Persons Subject to a Restraining Order\\
|
|
|
|
Persons who are subject to a restraining order issued by a
|
|
court pursuant to section 545, 545.5, 546 or 547 of the Code of
|
|
Civil Procedures or persons who are prohibited from firearm
|
|
possession as a condition of probation may not possess or pur-
|
|
chase a firearm for the duration of the restraining order or
|
|
probation. (Penal Code, 12021 (d)(g).)
|
|
|
|
\\Minors\\
|
|
|
|
It is unlawful for any person to sell any firearm to a minor.
|
|
(Penal Code, 12551, 1 21 00.)
|
|
|
|
It is unlawful for any person to furnish any firearm, airgun
|
|
or gas-operated gun designed to fire a bullet, pellet or metal
|
|
projectile to any minor without permission of the minor's parent
|
|
or legal guardian. (Penal Code, 12552,12100.)
|
|
|
|
No minor shall have in his or her possession, any handgun
|
|
unless the minor has the written permission of his or her parent
|
|
or guardian or is accompanied by the parent or guardian while in
|
|
possession of the handgun. (Penal Code, 12101.)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 11
|
|
|
|
No minor may possess live ammunition for any firearm unless
|
|
the minor has the written permission of his or her parent or
|
|
guardian or is accompanied by the parent or guardian or is going
|
|
to or from an organized lawful recreational or competitive shoot-
|
|
ing or hunting activity. (Penal Code, 12101.)
|
|
|
|
A minor is any person under 18 years of age. (Civil Code,
|
|
25.)
|
|
|
|
4. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
|
|
|
|
The question of whether use of a firearm is justified for
|
|
self-defense cannot be reduced to a simple list of factors. This
|
|
section is based on the instructions generally given to the jury
|
|
in a criminal case where self-defense is claimed and illustrates
|
|
the general rules regarding use of firearms in self-defense.
|
|
|
|
\\Use of a Firearm or Other Deadly Force in Defense of Life and Body\\
|
|
|
|
The killing of one person by another may be justifiable when
|
|
necessary to resist the attempt to commit a forcible and life-
|
|
threatening crime, \provided\ that a reasonable person in the
|
|
same situation would believe that: a) the person killed intended
|
|
to commit a forcible and life-threatening crime; b) there was
|
|
imminent danger of such crime being accomplished; and, c) the
|
|
person acted under the belief that such force was necessary to
|
|
save himself or herself or another from death or a forcible and
|
|
life-threatening crime. Murder, mayhem, rape, and robbery are
|
|
examples of forcible and life-threatening crimes.
|
|
|
|
\\Self-Defense Against Assault\\
|
|
|
|
It is lawful for a person being assaulted to defend himself
|
|
or herself from attack if he or she has reasonable grounds for
|
|
believing, and does in fact believe, that he or she will suffer
|
|
bodily injury. In doing so, he or she may use such force, up to
|
|
deadly force, as a reasonable person in the same circumstances
|
|
would believe necessary to prevent imminent injury
|
|
|
|
An assault with fists does not justify use of a deadly
|
|
weapon in self-defense unless the person being assaulted be-
|
|
lieves, and a reasonable person in the same circumstances would
|
|
also believe, that the assault is likely to inflict great bodily
|
|
injury.
|
|
|
|
It is lawful for a person who has grounds for believing, and
|
|
does in fact believe, that bodily injury is about to be inflicted
|
|
upon another to protect the victim from attack. In so doing, the
|
|
person may use such force as reasonably necessary to prevent the
|
|
injury.
|
|
|
|
NOTE: The use of \excessive force\ to counter an assault may
|
|
result in civil or criminal penalties.
|
|
|
|
\\Protecting One's Home\\
|
|
|
|
A person may defend his or her home against anyone who
|
|
attempts to enter in a violent manner intending violence to any
|
|
person in the home. The amount of force that may be used in
|
|
resisting such entry is limited to that which would appear neces-
|
|
sary to a reasonable person in the same or similar circumstances
|
|
to resist the violent entry. One is not bound to retreat, even
|
|
though a retreat might safely be made. One may resist force with
|
|
force, increasing it in proportion to the intruder's persistence
|
|
and violence, if the circumstances apparent to the occupant would
|
|
cause a reasonable person in the same situation to fear for his
|
|
or her safety.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 12
|
|
|
|
The occupant may use a firearm when resisting the intruder's
|
|
attempt to commit a forcible and life-threatening crime against
|
|
anyone in the home \provided\ that a reasonable person in the
|
|
same situation would believe that: a) the intruder intends to
|
|
commit a forcible and life-threatening crime; b) there is immi-
|
|
nent danger of such crime being accomplished; and, c) the occu-
|
|
pant acts under the belief that use of a firearm is necessary to
|
|
save himself or herself or another from death or great bodily
|
|
injury. Murder, mayhem, rape, and robbery are examples of forci-
|
|
ble and life-threatening crimes.
|
|
|
|
Any person using force intended or likely to cause death or
|
|
great bodily injury within his or her residence shall be presumed
|
|
to have held a reasonable fear of imminent peril of death or
|
|
great bodily injury to self, family, or a member of the household
|
|
when that force is used against another person, not a member of
|
|
the family or household, who unlawfully and forcibly enters or
|
|
has unlawfully and forcibly entered the residence and the person
|
|
using the force knew or had reason to believe that an unlawful
|
|
and forcible entry had occurred. Great bodily injury means a
|
|
significant or substantial physical injury. (Penal Code, 198.5.)
|
|
|
|
NOTE: If the presumption is rebutted by contrary evidence,
|
|
the occupant may be criminally liable for an unlawful assault or
|
|
homicide.
|
|
|
|
\\Defense of Property\\
|
|
|
|
The lawful occupant of real property has the right to re-
|
|
quest a trespasser to leave the premises. If the trespasser does
|
|
not do so within a reasonable time, the occupant may use force to
|
|
eject the trespasser.
|
|
|
|
The amount of force that may be used to eject a trespasser
|
|
is limited to that which a reasonable person would believe to be
|
|
necessary under the circumstances.
|
|
|
|
\\Limitations on the Use of Force in Self-Defense\\
|
|
|
|
The right of self-defense ceases when there is no further
|
|
danger from an assailant. Thus, where a person attacked under
|
|
circumstances initially justifying self-defense renders the at-
|
|
tacker incapable of inflicting further injuries, the law of self-
|
|
defense ceases and no further force may be used.
|
|
|
|
|
|
The right of self-defense is not initially available to a
|
|
person who assaults another. However, if such person attempts to
|
|
stop further combat and clearly informs the adversary of his or
|
|
her desire for peace but the opponent nevertheless continues the
|
|
fight, the right of self-defense returns and is the same as the
|
|
right of any other person being assaulted.
|
|
|
|
5. CARRYING A CONCEALED WEAPON
|
|
|
|
\\Carrying a Concealed Handgun on One's Person or in a Vehicle
|
|
without a License\\
|
|
|
|
It is unlawful for any person to carry a handgun concealed
|
|
upon his or her person or in a vehicle without a license issued
|
|
pursuant to Penal Code Section 12050. (Penal Code, 1 2025(a)
|
|
(b).)
|
|
|
|
A firearm carried openly in a belt or holster is not con-
|
|
cealed within the meaning of the above prohibition. (Penal Code,
|
|
12025(c).)
|
|
|
|
A firearm locked in a motor vehicle's trunk or in a locked
|
|
container carried in the vehicle other than in the utility or
|
|
glove compartment, is not concealed within the meaning of Penal
|
|
Code Section 12025; neither is a firearm carried by a person
|
|
directly to or from a motor vehicle for any lawful purpose when
|
|
it is carried within a locked container. (Penal Code, 12026. 1 .)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 13
|
|
|
|
|
|
CAUTION: Even if carried openly, the firearm \may not be loaded\.
|
|
(Penal Code, 12031 (a).) Also, see carrying a loaded firearm in a
|
|
public place.
|
|
|
|
\\Exceptions\\
|
|
|
|
The prohibition against carrying concealed firearms does not
|
|
apply to:
|
|
|
|
* Firearms kept or carried openly or concealed at the residence,
|
|
place of business, or on private property owned or lawfully
|
|
possessed by an adult (18 years of age or older), provided such
|
|
possession is otherwise lawful. (Penal Code, 12026.)
|
|
|
|
* Use by authorized participants in motion pictures, television
|
|
or video productions or possession by participants while travel-
|
|
ing directly to or from such events.
|
|
|
|
* Members of any club or organization organized for the purpose
|
|
of lawfully collecting and lawfully displaying pistols, revolvers
|
|
or other firearms while at meetings of the clubs or organizations
|
|
or while going directly to and coming directly from those meet-
|
|
ings.
|
|
|
|
* Participants transporting a firearm while traveling directly
|
|
to or from recognized safety or hunter safety classes or recog-
|
|
nized sporting events involving that firearm.
|
|
|
|
* A homeowner or business person directly transporting a firearm
|
|
from home to business or from business to home.
|
|
|
|
* Persons going directly to or from a fixed place of business or
|
|
private residential property for the purpose of the lawful repair
|
|
or lawful transfer of a firearm.
|
|
|
|
* Persons traveling from a place where they lawfully received a
|
|
firearm to their place of residence or business.
|
|
|
|
* Persons transporting firearms directly to or from gun shows,
|
|
swap meets or similar public events for the purpose of displaying
|
|
them lawfully.
|
|
|
|
* Suppliers of firearms and their authorized employees or agents
|
|
when transporting firearms directly to or from a motion picture,
|
|
television, video or entertainment production for the purpose of
|
|
providing firearms for the use of authorized participants in such
|
|
productions.
|
|
|
|
* Persons transporting firearms for the purpose of practicing
|
|
target shooting at licensed ranges.
|
|
|
|
* Persons transporting a firearm at the request of a licensing
|
|
agency when seeking a license to carry a concealed weapon.
|
|
|
|
* Persons who believe they are in grave danger due to circum-
|
|
stances forming the basis of a current restraining order issued
|
|
by a court against a person or persons found to pose a threat to
|
|
the person's life or safety.
|
|
|
|
These exceptions require that firearms being transported shall be
|
|
unloaded and kept in a secure container which is fully enclosed
|
|
and locked by a padlock, key lock, combination lock or similar
|
|
locking device. A motor vehicle utility or glove compartment does
|
|
not constitute a "locked container." (Penal Code, 12026.2.)
|
|
|
|
* The prohibition against carrying concealed firearms also does
|
|
not apply to:
|
|
|
|
* Peace officers, retired peace officers and retired federal
|
|
officers or agents as defined in Penal Code Sections 830.1,
|
|
830.2,830.5, 12027(a) and 12031 (b).
|
|
|
|
* Merchants who possess or transport unloaded firearms as merch-
|
|
andise who are licensed to engage in the business of manufactur-
|
|
ing, repairing or dealing in firearms and their authorized repre-
|
|
sentatives or agents.
|
|
|
|
* Members of the federal and state militia when on duty.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 14
|
|
|
|
* Members of duly authorized military or Civil organizations
|
|
while parading or when going to and from the meeting places of
|
|
such organizations.
|
|
|
|
* Guards or messengers of common carriers, banks, and other
|
|
financial institutions while actually employed in and about the
|
|
shipment, transportation, or delivery of any money, treasure,
|
|
bullion, bonds, or other valuables.
|
|
|
|
* Members of any club or organization organized for the purpose
|
|
of practicing shooting at targets upon established target ranges,
|
|
whether public or private, while such members are using firearms
|
|
upon such target ranges, or while going to and from such ranges.
|
|
|
|
* Licensed hunters or fishermen while engaged in hunting or
|
|
fishing, or while going to or returning from such hunting or
|
|
fishing expedition.
|
|
|
|
* Persons operating licensed common carriers or their authorized
|
|
agents or employees when transporting unloaded firearms in con-
|
|
formance with applicable federal law.
|
|
|
|
* Upon approval of the sheriff of the county in which they
|
|
reside, honorably retired federal officers or agents who were
|
|
assigned to duty in this state for at least one year or who
|
|
retired from active service in this state.
|
|
|
|
* Notwithstanding the exceptions cited here for authorized
|
|
members of military or civil organizations, shooting clubs and
|
|
licensed hunters or fishermen, these individuals still should not
|
|
carry or transport \loaded\ firearms when going to or from sanc-
|
|
tioned activities. The firearm should be locked in the trunk of
|
|
the vehicle or, if the vehicle has no trunk, placed in a locked
|
|
container within the vehicle other than in the utility or glove-
|
|
compartment. (Penal Code, 12026.1,12027.)
|
|
|
|
\\Carrying a Loaded Firearm in a Public Place\\
|
|
|
|
It is unlawful to carry a loaded handgun or other type of
|
|
firearm on one's person or in a vehicle while in any public
|
|
place, on any public street, or in any place where it is unlawful
|
|
to discharge a firearm. (Penal Code, 12031 (a).)
|
|
|
|
A firearm is deemed loaded when there is a live cartridge or
|
|
shell in, or attached in any manner to, the firearm, including
|
|
but not limited to the firing chamber, magazine, or clip. A
|
|
muzzle-loading firearm is deemed loaded when it is capped or
|
|
primed and has a powder charge and ball or shot in the barrel or
|
|
cylinder. (Penal Code, 12031 (g).)
|
|
|
|
It is a misdemeanor for the driver of any motor vehicle, or
|
|
the owner of any motor vehicle irrespective of whether the owner
|
|
is occupying the vehicle, to knowingly permit any person to carry
|
|
a loaded firearm in the vehicle in violation of Penal Code Sec-
|
|
tion 12031 or Fish and Game Code Section 2006. (Penal Code,
|
|
12034.) Also, see Section 10 of this publication for prohibited
|
|
acts.
|
|
|
|
In order to determine whether a firearm is loaded for the
|
|
purpose of enforcing this section, peace officers are authorized
|
|
to examine any firearm carried by anyone on his or her person or
|
|
in a vehicle while in any public place, on any public street, or
|
|
in any prohibited area of an unincorporated territory. Refusal to
|
|
allow a peace officer to inspect a firearm pursuant to the provi-
|
|
sions of this section is itself grounds for arrest for violation
|
|
of this section. (Penal Code, 12031 (e).)
|
|
|
|
\\Exceptions\\
|
|
|
|
The prohibition does not apply to:
|
|
|
|
* Any person hunting in an area where possession and hunting is
|
|
otherwise lawful. (Penal Code, 12031 (i).)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 15
|
|
|
|
* Any person who carries a loaded firearm while engaged in the
|
|
act of making or attempting to make a lawful arrest, provided
|
|
such possession is otherwise lawful. (Penal Code, 12031 (k).)
|
|
|
|
* Any person carrying a loaded firearm, if otherwise lawful,
|
|
when he or she reasonably believes his or her person or property
|
|
is in immediate, grave danger and that the carrying of the loaded
|
|
firearm is necessary for preservation of the person or property
|
|
during the time interval following notification of the local law
|
|
enforcement agency and prior to the arrival of its assistance.
|
|
(Penal Code, 12031 a).)
|
|
|
|
* Any of the following persons, \provided\ they meet all crite-
|
|
ria for such exemption, such as possession of special occupation-
|
|
al licenses or completion of the required firearms training
|
|
provided for in Penal Code Sections 12031 (b), (c), and (d):
|
|
|
|
* Peace officers and retired peace officers.
|
|
|
|
* Federal and state militia members.
|
|
|
|
* Target shooters at target ranges and shooting club members
|
|
while hunting on the club premises, provided possession and use
|
|
of the firearm are otherwise lawful.
|
|
|
|
* Holders of concealed handgun licenses.
|
|
|
|
* Armored vehicle guards.
|
|
|
|
* Animal control officers or zookeepers.
|
|
|
|
* Guards or messengers of common carriers, banks, and other
|
|
financial institutions.
|
|
|
|
* Guards of contract carriers operating armored vehicles.
|
|
|
|
* Private investigators, private patrol operators, and alarm
|
|
company operators.
|
|
|
|
* Uniformed security guards or night watchmen employed by any
|
|
public agency.
|
|
|
|
* Uniformed security guards and uniformed alarm agents of an
|
|
alarm company operator.
|
|
|
|
* Uniformed employees of private patrol operators.
|
|
|
|
NOTE: Peace officers and honorably retired peace officers
|
|
having properly endorsed identification certificates may carry a
|
|
concealed weapon at any time. Otherwise, these exemptions apply
|
|
only when the firearm is carried within the scope of the exempted
|
|
conduct, such as hunting or target shooting, or within the course
|
|
and scope of assigned duties, such as an armored vehicle guard
|
|
transporting money for his employer. A person who carries a
|
|
loaded firearm outside the limits of the applicable exemption is
|
|
in violation of the law, notwithstanding his or her possession of
|
|
an occupational license or firearms training certificate. (Penal
|
|
Code, 12031 (b).)
|
|
|
|
6. FIREARMS AND PICKETING ACTIVITY
|
|
|
|
It is unlawful for any person to carry a loaded firearm upon
|
|
his or her person or within any vehicle under his or her control
|
|
or direction while engaged in picketing activity. (Penal Code,
|
|
12590(a)(2).)
|
|
|
|
\Picketing activity\ means any informational activities
|
|
conducted in a public place relating to a concerted refusal to
|
|
work.
|
|
|
|
\\General Exceptions Are Not Applicable\\
|
|
|
|
The exceptions provided peace officers, bank guards, armored
|
|
vehicle guards, licensed hunters or fishermen, private investiga-
|
|
tors, and other persons provided in Section 5 of this
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 16
|
|
|
|
publication do \not\ apply if such individuals are engaged in
|
|
picketing activities as described above. (Penal Code, 12590(c).)
|
|
|
|
7. FLAREGUNS
|
|
|
|
\A flaregun\ is any loaded or unloaded rocket, rocket pro-
|
|
pelled projectile launcher, or similar device designed primarily
|
|
for emergency or distress-signaling purposes. (Penal Code,
|
|
12031.1.) It is not designed to be used as a weapon and thus is
|
|
not a firearm within the definition of Penal Code Section 12001
|
|
(a); however, incidents involving persons carrying flareguns as
|
|
weapons have been reported.
|
|
|
|
\\Lawful Possession of a Flaregun\\
|
|
|
|
A person may lawfully possess a flaregun aboard any vessel
|
|
or aircraft, or while in or traveling to and from a permitted
|
|
hunting area, if the individual is carrying a valid California
|
|
hunting permit or license. (Penal Code, 12031.1.)
|
|
|
|
\\UnlawFul Possession of a Flaregun\\
|
|
|
|
Except as provided for in the previous paragraph, it is
|
|
unlawful for any person to carry a flaregun concealed on his or
|
|
her person or within any vehicle under his or her control or di-
|
|
rection. (Penal Code, 12001 (d), 1 2025(a), (b).)
|
|
|
|
Except as described above, it is unlawful for any person to
|
|
carry a loaded flaregun on his or her person or in a vehicle in
|
|
any public place. (Penal Code, 12001 (d), 1 2D31 (a).)
|
|
|
|
8. SELLING AND TRANSPORTING FIREARMS AND AMMUNITION
|
|
|
|
\\Sale or Transfer of Firearms\\
|
|
|
|
It is unlawful for any person to engage in the business of
|
|
selling, transferring, offering, or exposing for sale, lease or
|
|
transfer any \firearm\ unless he or she is licensed pursuant to
|
|
Penal Code Section 12071. The term, engage in the business, does
|
|
not include: the sale, lease, or transfer of a firearm by a
|
|
person acting under a court order issued pursuant to the enforce-
|
|
ment of judgements law (Title 9, Section 680.10 et al of part 2
|
|
of the Code of Civil Procedure) or by a person liquidating a
|
|
personal firearm collection to satisfy a court judgement; a sale,
|
|
lease or transfer of a firearm pursuant to subdivision (c) of
|
|
Penal Code Section 12028; the sale, lease or transfer of a fire-
|
|
arm by a person disposing of firearms received by bequest or
|
|
intestate succession within 60 days of receipt; or the infrequent
|
|
sale, lease, transfer or offering or exposing of firearms for
|
|
sale, lease or transfer. Infrequent means five or less sales per
|
|
year of any number of handguns or irregular and occasional sales
|
|
of other firearms. (Penal Code, 12070.)
|
|
|
|
It is unlawful for a person who is not a licensed firearm
|
|
dealer to sell or otherwise transfer a firearm to a nonlicensed
|
|
person. Nonlicensed sellers or transferors and buyers or trans-
|
|
ferees must complete a sale or transfer through a licensed deal-
|
|
er. (Penal Code, 12072(d), 12082.)
|
|
|
|
It is unlawful for any person to sell or otherwise transfer
|
|
a firearm to any person who is known to be prohibited pursuant to
|
|
Penal Code Section 12021 or 12021.1 or Welfare and Institutions
|
|
Code Section 8100, 8103, and it is unlawful for a dealer to sell
|
|
or otherwise transfer a handgun to any person under the age of 21
|
|
years or any other firearm to any person under 18 years of age.
|
|
Any dealer violating the age provisions more than once may be
|
|
convicted of a felony. (Penal Code, 12072, 12100.)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 17
|
|
|
|
For purposes of dealer licensing and reporting as specified in
|
|
Penal Code Sections 1 2070l 1 2071, and 1 2072(b) (c) and (d)
|
|
respectively, the term firearm does not include unloaded antique
|
|
firearms as defined in Section 921 (a)(16) of Title 18 United
|
|
States Code or curios or relics as defined in Section 178.11 of
|
|
Title 27 of the Code of Federal Regulations. (Penal Code, 12001.)
|
|
|
|
\\Sale or Transfer of Firearms to Mental Patients\\
|
|
|
|
It is unlawful for any person to sell, supply, give, or
|
|
allow possession or control of any firearm or other deadly weapon
|
|
to a person who is a mental patient in any hospital or institu-
|
|
tion or on leave of absence from any hospital or institution;
|
|
adjudicated a danger to others or a mentally disordered sex
|
|
offender; found not guilty by reason of insanity of any crime;
|
|
found incompetent to stand trial; placed under conservatorship by
|
|
a court as gravely disabled wherein possession of a firearm would
|
|
present a danger to self or others or who has been taken into
|
|
custody and placed in a county mental health facility for treat-
|
|
ment and evaluation because he or she is a danger to self or
|
|
others as a result of mental disorder. (Welfare and Institutions
|
|
Code, 8100, 81 01 .)
|
|
|
|
\\Sale or Transfer of Firearms or Related Devices to Minors\\
|
|
|
|
It is unlawful for any person to \sell\ a handgun or other
|
|
type of firearm to a minor. (Penal Code, 12551, 12100.)
|
|
|
|
It is unlawful for any person to \furnish\ a handgun or
|
|
other type of firearm, airgun, or gas-operated gun designed to
|
|
fire a bullet, pellet, or metal projectile to any minor without
|
|
permission of the minor's parent or legal guardian. (Penal Code,
|
|
12552, 12101.) A minor is any person under 18 years of age.
|
|
(Civil Code, 25.)
|
|
|
|
\\Sale, Manufacture, Possession or Transport of Machine Guns\\
|
|
|
|
It is unlawful for persons to sell, manufacture or transport
|
|
machine guns unless they possess a license or permit issued by
|
|
the Department of Justice.
|
|
|
|
\\Possession, Transport, Sale and Manufacture of Assault
|
|
Weapons\\
|
|
|
|
Persons may possess or transport an assault weapon, as
|
|
defined, if the weapon has been registered with the Department of
|
|
Justice or if the person has obtained a permit for that weapon
|
|
from the Department of Justice. (Penal Code, 12276, 12280,
|
|
12285, 1 2286.)
|
|
|
|
An assault weapon may be transported for any lawful purpose
|
|
if it is either securely locked in the trunk of a vehicle or in a
|
|
locked container carried inside the vehicle. (Penal Code,
|
|
12285(c)(6), 12026.1.)
|
|
|
|
Persons in lawful possession of an assault weapon may sell
|
|
it only to a licensed firearm dealer or may elect to relinquish
|
|
the weapon to a police or sheriff's department. (Penal Code,
|
|
12285, 12288.)
|
|
|
|
The Department of Justice may issue permits for the manufac-
|
|
ture of assault weapons to federally licensed manufacturers of
|
|
firearms for sale to law enforcement agencies, persons having
|
|
permits to possess assault weapons, persons out of state who have
|
|
federal firearm dealers licenses entitling them to sell these
|
|
weapons to federal law enforcement and military agencies, and law
|
|
enforcement or military agencies in other states and for sale to
|
|
foreign governments and agencies approved by the United States
|
|
State Department. (Penal Code, 12287.)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 18
|
|
|
|
\\Use of United States Postal Service, Private Parcel Deliv-
|
|
ery or Common Carriers\\
|
|
|
|
Federal law prohibits the sending of firearms or ammunition
|
|
through the United States postal service. Private parcel delivery
|
|
or shipping companies should be consulted before shipping fire-
|
|
arms or ammunition.
|
|
|
|
Federal and state laws prohibit the carrying of any firearm
|
|
or ammunition aboard any commercial passenger airplane. Similar
|
|
restrictions may apply to other common carriers such as trains,
|
|
ships, and buses. Persons who wish to ship or carry firearms or
|
|
ammunition on a common carrier should always consult the carrier
|
|
in advance.
|
|
|
|
9. FORFEITURES OF FIREARMS
|
|
|
|
\\Forfeiture for Violation of the Penal Code\\
|
|
|
|
Penal Code Section 12028 requires forfeiture of (a) any
|
|
handgun illegally carried upon the person or within any vehicle
|
|
and (b) any firearm used in the commission or attempted commis-
|
|
sion of any felony or specified misdemeanor. Penal Code Section
|
|
12029 requires forfeiture of any short-barreled shotgun, short-
|
|
barreled rifle, cane gun, wallet gun, plastic firearm, firearm
|
|
not immediately recognizable as a firearm, zip gun, multiburst
|
|
trigger activator or unconventional pistol as specified in Penal
|
|
Code Section 12020. Penal Code Section 12251 requires forfeiture
|
|
of any machine gun possessed in violation of the permit and/or
|
|
license provisions of Penal Code Sections 1223012250.
|
|
|
|
\\Forfeiture for Violation of the Fish and Game Code\\
|
|
|
|
Fish and Game Code Section 12157 permits the court to order
|
|
forfeiture of any device illegally used to take birds, mammals,
|
|
fish, reptiles, or amphibian. Depending upon the facts of the
|
|
case, this forfeiture may include firearms.
|
|
|
|
10. OTHER PROHIBITED ACTS
|
|
|
|
\\Obliteration or Alteration of Firearm Identification\\
|
|
|
|
* It is a felony to obliterate or alter the identification marks
|
|
placed on any firearm including the make, model, serial number or
|
|
any distinguishing mark lawfully assigned by the owner or by the
|
|
Department of Justice. (Penal Code, 12090.)
|
|
|
|
* Possession of any pistol or revolver having its identification
|
|
obliterated or altered is presumptive evidence that the possessor
|
|
performed the obliteration or alteration. (Penal Code, 12091.)
|
|
|
|
* It is a misdemeanor for a person knowingly to buy, sell, or
|
|
possess a firearm when its identification has been obliterated or
|
|
altered. (Penal Code, 12094.)
|
|
|
|
\\Firearms on School Grounds\\
|
|
|
|
It is unlawful for any person to possess or bring a firearm
|
|
upon the grounds of or into any public school including the
|
|
University of California, California State Universities and
|
|
California community colleges. (Penal Code, 626.9).
|
|
|
|
\\Exceptions:\\
|
|
|
|
* Written permission of the school District Superintendent,
|
|
designee, or equivalent school authority.
|
|
|
|
* Any peace officer per Penal Code Section 830 who is carrying
|
|
out official duties.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 19
|
|
|
|
* Any person summoned by such peace officer to assist in making
|
|
an arrest or preserving the peace while actually so engaged.
|
|
|
|
* Members of federal or state military forces while engaged in
|
|
performance of duty.
|
|
|
|
* Any person authorized to carry a concealed firearm pursuant to
|
|
Penal Code Section 1 2050.
|
|
|
|
* An armored vehicle guard actually engaged in performance of
|
|
duty pursuant to Business and Professions Code Section 7521.
|
|
|
|
\\Discharge of Firearms at Inhabited/Occupied Dwellings, Build-
|
|
ings, Vehicles, Aircraft\\
|
|
|
|
It is a felony for any person to maliciously and willfully
|
|
discharge a firearm at an inhabited dwelling house, occupied
|
|
building, occupied motor vehicle, occupied aircraft, inhabited
|
|
housecar, or inhabited camper punishable by a minimum sentence of
|
|
6 months in jail and a maximum of 7 years in prison. (Penal Code,
|
|
246.) Persons convicted of a felony or an attempt to commit a
|
|
felony which involved the discharge of a firearm at an occupied
|
|
motor vehicle causing great bodily injury or the death of another
|
|
are subject to a sentence of five years in prison in addition and
|
|
consecutive to the sentence prescribed for the felony. (Penal
|
|
Code, 12022.5.)
|
|
|
|
\\Discharge of Firearms at Unoccupied/Uninhabited Aircraft,
|
|
Unoccupied Motor Vehicles, Buildings, Dwellings\\
|
|
|
|
It is a felony for anyone to willfully and maliciously
|
|
discharge a firearm at an unoccupied aircraft. It is a public
|
|
offense punishable by a jail or prison sentence of up to one year
|
|
for any person to discharge a firearm at an unoccupied motor
|
|
vehicle, building or dwelling except for an abandoned vehicle
|
|
where otherwise lawful, an unoccupied motor vehicle with permis-
|
|
sion of the owner of that vehicle and otherwise lawful, or unin-
|
|
habited building or dwelling with permission of the owner and
|
|
otherwise lawful. (Penal Code, 247.)
|
|
|
|
\\Discharge of a Firearm from a Motor Vehicle\\
|
|
|
|
Persons with proven intent who inflict great bodily injury,
|
|
as defined in Penal Code Section 12022.7, or cause the death of a
|
|
person who is not an occupant of a motor vehicle as a result of
|
|
discharging a firearm from a motor vehicle in the commission of a
|
|
felony or attempted felony shall be punished by a term of five
|
|
years in state prison. This term is in addition and consecutive
|
|
to the punishment prescribed for the felony of which the person
|
|
is convicted. (Penal Code, 12022.55.)
|
|
|
|
A driver or owner of a motor vehicle who allows any person
|
|
to discharge a firearm from the vehicle may be punished by up to
|
|
three years imprisonment in state prison and any person who
|
|
willfully and maliciously discharges a firearm from a motor
|
|
vehicle at a person who is not an occupant of a motor vehicle is
|
|
guilty of a felony punishable by up to seven years in state
|
|
prison. (Penal Code, 12034.)
|
|
|
|
\\Threatening Acts; with Firearms on Public Streets or Highways\\
|
|
|
|
It is a felony for a person to draw or exhibit a firearm
|
|
that is loaded or unloaded in a threatening manner against an
|
|
occupant of a motor vehicle which is on a public street or high-
|
|
way in such a way that would cause a reasonable person apprehen-
|
|
sion or fear of bodily harm. (Penal Code, 417.3.)
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 20
|
|
|
|
\\Threatening Acts with Replica Firearms\\
|
|
|
|
It is a misdemeanor for a person to draw or exhibit a repli-
|
|
ca of a firearm in a threatening manner against another in a way
|
|
which would cause a reasonable person apprehension or fear of
|
|
bodily harm. A replica firearm means any device with the apparent
|
|
capability of expelling a projectile by the force of an explosion
|
|
or air which can be reasonably perceived as an actual firearm
|
|
including starter pistols and air guns. (Penal Code, 417.2.)
|
|
|
|
\\Forfeiture of Vehicles Used in Offenses Involving the Discharge
|
|
or Brandishing of a Firearm\\
|
|
|
|
Courts are required to order the forfeiture and sale of
|
|
motor vehicles used in the commission of first or second degree
|
|
murder, manslaughter, attempted murder, assault with a deadly
|
|
weapon or the unlawful discharge or brandishing of a firearm from
|
|
or at an occupied vehicle where a victim is killed, attacked or
|
|
assaulted from or in a motor vehicle by the use of a firearm on
|
|
public streets and highways. (Penal Code, 246.1.)
|
|
|
|
\\Sell or Distribute Imitation Firearms\\
|
|
|
|
Any person who sells or distributes imitation firearms
|
|
(realistic replicas of existing firearms) may be liable for fines
|
|
of up to $10,000 for each violation. (Penal Code 417.2.)
|
|
|
|
\\Advertising of Prohibited Weapons\\
|
|
|
|
It is unlawful for any person to advertise the sale of any
|
|
firearm or other weapon whose possession is prohibited by Section
|
|
12020,12220, or 12280. (Penal Code, 12020.5.) Anyone having a
|
|
question on the possession, purchase, or carrying of a firearm or
|
|
the legality of any shooting act should consult their local law
|
|
enforcement agency or law library or seek advice from a lawyer.
|
|
|
|
11. FIREARM SAFETY INSTRUCTION
|
|
|
|
\\Certificate of Completion for Hunting Licenses\\
|
|
|
|
Fish and Game Code Section 3050 and the California Code of
|
|
Regulations, Title 14, Section 710 provide that no hunting li-
|
|
cense shall be issued unless the applicant:
|
|
|
|
a. has held a hunting license issued by this state in a
|
|
prior year; or
|
|
|
|
b. has a certificate of completion in hunter safety, princi-
|
|
ples of conservation, and sportsmanship, with a hunter safety
|
|
instruction validation stamp affixed thereto; or
|
|
|
|
c. has a certificate documenting successful completion of a
|
|
hunter safety course in another state; or
|
|
|
|
d. presents such other evidence of completion of a course in
|
|
hunter safety, principles of conservation, and sportsmanship as
|
|
the Fish and Game Commission may require; or
|
|
|
|
e. presents evidence of the satisfactory completion of a
|
|
hunter safety equivalency examination in the form of a certifi-
|
|
cate of equivalency which has a validation stamp affixed thereto.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 21
|
|
|
|
The Department of Fish and Game designates hunter safety
|
|
instructors qualified to give hunter safety instruction and issue
|
|
the certificate required above. Persons desiring to take a course
|
|
in hunter safety training for licensing may write or call the
|
|
nearest Department of Fish and Game office for a list of instruc-
|
|
tors in their area:
|
|
|
|
\\Department of Fish and Game (Region 1)\\
|
|
601 Locust Street
|
|
Redding, California 96001
|
|
(916) 225-2300
|
|
|
|
\\Department of Fish and Game (Region 2)\\
|
|
1701 Nimbus Road, Suite A
|
|
Rancho Cordova, California 95670
|
|
(916) 355-7040
|
|
|
|
\\Department of Fish and Game (Region 3)\\
|
|
P. 0. Box 47
|
|
Yountville, California 94599
|
|
(707) 944-5541
|
|
|
|
\\Department of Fish and Game (Region 4)\\
|
|
1234 East Shaw Avenue
|
|
Fresno, California 93710
|
|
(209) 445-6454
|
|
|
|
\\Department of Fish and Game (Region 5)\\
|
|
330 Golden Shore, Suite 50
|
|
Long Beach, California 90802
|
|
(213) 590-5185
|
|
|
|
\\Handgun Safety Training\ \
|
|
|
|
Private patrol operators, security guards, alarm company
|
|
operators, responding alarm agents and private investigators must
|
|
complete a firearms training course before carrying a firearm on
|
|
duty. (Business and Professions Code, 7542, 7545, and 7596.)
|
|
|
|
The course was developed by the Department of Consumer
|
|
Affairs, Bureau of Collection and Investigative Services, and is
|
|
offered by bureau-certified instructors to bureau licensees.
|
|
Training is approximately 14 hours and includes the following:
|
|
|
|
* The moral and legal aspects of firearms usage.
|
|
|
|
* Firearms nomenclature and maintenance.
|
|
|
|
* Weapon handling and shooting fundamentals.
|
|
|
|
* Emergency procedures.
|
|
|
|
* Prequalification range training, including the firing of
|
|
practice rounds.
|
|
|
|
* Qualification course of fire.
|
|
|
|
* A written examination of the subject matter.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 22
|
|
|
|
Course instructors must be approved by the California De-
|
|
partment of Consumer Affairs, Bureau of Collection and Investiga-
|
|
tive Services. Fees for the instruction are negotiated between
|
|
the instructor and student. Persons interested in taking such a
|
|
course may contact the bureau for a list of certified schools in
|
|
their area:
|
|
|
|
\\Department of Consumer Affairs
|
|
Bureau of Collection and Investigative Services\\
|
|
1920 - 20th Street
|
|
Sacramento, California 95814-6873
|
|
(916) 739-3028
|
|
|
|
NOTE: Completion of this training does not authorize a
|
|
person to carry a firearm unless he or she possesses a valid
|
|
firearm permit issued by the bureau and is on duty and properly
|
|
licensed as a private patrol operator, security guard, alarm
|
|
company operator, responding alarm agent, or private investiga-
|
|
tor. The firearms permit allows the bearer to carry an exposed
|
|
firearm while on duty.
|
|
|
|
\\Firearms Safety and Training Courses Provided by Firearm Clubs
|
|
or Associations
|
|
|
|
\\Some firearm clubs or associations regularly provide
|
|
firearm safety training courses for the general public as well as
|
|
for their members. Such clubs are listed in the yellow pages of
|
|
the telephone directory. In addition, managers of public or
|
|
private shooting ranges may give interested persons information
|
|
on how to contact clubs or associations using their ranges for
|
|
training courses. Ranges are also listed in the yellow pages of
|
|
the telephone directory.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 23
|
|
|
|
APPENDIX I
|
|
|
|
12. \\SUMMARY OF MAJOR FIREARM BILLS EFFECTIVE JANUARY 1, 1991
|
|
|
|
AB 497 Connelly\\
|
|
|
|
Requires a 1 5day wait and identification of purchasers of rifles
|
|
and shotguns. Persons prohibited by Section 12021 and 12021.1 PC
|
|
are prohibited from purchase of any firearm, not just conceal-
|
|
ables.
|
|
|
|
Forbids DOJ from retaining any information on rifle and shotgun
|
|
purchasers. To comply with this restriction, DOJ is destroying
|
|
the dealers record of sales registers received for rifle and
|
|
shotgun purchasers within five (5) days after determining a
|
|
purchaser's status.
|
|
|
|
Requires dealers selling any firearms to obtain a retail firearm
|
|
dealer's license from local licensing authorities. Formerly, only
|
|
persons selling concealable firearms had to obtain that license.
|
|
|
|
More people are ineligible for firearm purchase including persons
|
|
prohibited from firearm possession as a condition of probation;
|
|
juveniles adjudged wards of the court for committing the serious
|
|
offenses described in Section 707 of the Welfare and Institutions
|
|
Code (to age 30); a ten (10) year prohibition for persons con-
|
|
victed of specified misdemeanors; a five (5) year prohibition for
|
|
persons taken into custody as a danger to self or others and held
|
|
for examination of their condition per Section 5150 of the Wel-
|
|
fare and Institutions Code. The bill also provides a process for
|
|
these persons to petition the superior court of their county for
|
|
an order deleting the prohibition. The same provisions apply to
|
|
others certified for intensive care under Section 5250, 5260 or
|
|
5270.15 of the Welfare and Institutions Code.
|
|
|
|
All private party (nondealer) sales must be processed by licensed
|
|
firearm dealers. No longer can a person sell any firearm to a
|
|
person he or she knows personally. The purpose of this provision
|
|
is to prevent abuses of private party sales by having DOJ deter-
|
|
mine the eligibility of every firearm purchaser except those
|
|
exempted by Section 12078 PC.
|
|
|
|
Section 12078 PC exempts peace officers and purchasing agents who
|
|
present written authorization from the head of their agency from
|
|
the usual controls placed on firearm purchasers. AB 497 extended
|
|
the exemption from just concealable firearms to all firearms.
|
|
|
|
The bill requires DOJ to issue gun show licenses to persons
|
|
having dealers' licenses and to adopt regulations for the licens-
|
|
ing process.
|
|
|
|
The bill provides a minimum age of 18 years for purchasers of
|
|
rifles and shotguns.
|
|
|
|
AB 497 also requires DOJ to complete a feasibility study of ways
|
|
to modernize the firearm purchaser identification process by
|
|
considering options such as an 800 phone number concept where
|
|
dealers could dial DOJ and obtain an "instant" response on the
|
|
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 24
|
|
|
|
eligibility of a purchaser or a credit card concept where persons
|
|
could prequalify and use their card for purchase. DOJ has many
|
|
other tasks to complete by July 1, 1991, when the report is due in
|
|
the legislature.
|
|
|
|
\OTHER FIREARM BILLS\
|
|
|
|
AB 36 \\Peace\\
|
|
|
|
This bill was chaptered on December 13, 1990, as an urgency
|
|
provision. Section 12026.2 provides various specific exemptions
|
|
from the concealed carrying restrictions of Section 12025 PC. The
|
|
bill added another provision specifically for persons transport-
|
|
ing a firearm to or from a licensing agency for the purpose of
|
|
applying for a concealed firearm license pursuant to Section
|
|
12050 PC when done at the request of the licensing agency.
|
|
|
|
The bill also amended Section 12028 PC which deals with disposal
|
|
of nuisance weapons. That Section authorizes law enforcement
|
|
agencies to auction confiscated weapons to purchasers who are
|
|
licensed under federal law. The bill changed that to persons
|
|
licensed under state law, Section 12071 PC.
|
|
|
|
The bill amended the firearm dealer licensing provision of Sec-
|
|
tion 12071 PC by allowing either a regulatory or business license
|
|
as options to the license form prescribed by the Attorney Gener-
|
|
al. This should make it easier for applicants to obtain retail
|
|
firearm dealer licenses which is especially important for persons
|
|
applying for a gun show license pursuant to Section 12071 PC. It
|
|
is also very important for persons wishing to bid at auctions of
|
|
confiscated weapons pursuant to Section 12028 PC.
|
|
|
|
It provides for a felony or misdemeanor penalty for a person
|
|
violating the restriction against knowingly selling or arming a
|
|
person who is prohibited pursuant to Section 12021 or 12021.1 PC.
|
|
Formerly, this was a misdemeanor penalty.
|
|
|
|
The bill amended the exception provisions of Section 12078 PC to
|
|
clarify that the firearm dealers' license, described in Section
|
|
12070 PC, is not required for manufacturers or importers licensed
|
|
under chapter 44 of Title 18 of the US Code who sell, deliver, or
|
|
transfer firearms to dealers licensed pursuant to Section 12021
|
|
PC.
|
|
|
|
|
|
AB 376 Klehs
|
|
|
|
Placed multiburst trigger activators on the list of weapons
|
|
prohibited by Section 12020 PC. It allows possession prior to
|
|
January 1, 1 992 for persons who are not prohibited by Section 1
|
|
2021 , 1 2021 .1 or 1 21 01 PC, or Section 81 00 and 81 03 of the
|
|
Welfare and Institutions Code. Effective January 1, 1 992, these
|
|
devices, which allow semiautomatic firearms to discharge two or
|
|
more shots in a burst, will be outlawed and persons found with
|
|
them in possession could face felony charges.
|
|
|
|
AB \\1753 Friedman\\
|
|
|
|
This bill prohibits persons who are subject to a restraining
|
|
order from purchasing or obtaining firearms. To accommodate this
|
|
new process, DOJ has established an online database for the
|
|
screening of firearm purchasers. Law enforcement agencies enter
|
|
information into the database when restraining orders are served
|
|
and the database will automatically purge expired orders.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 25
|
|
|
|
AB 2048 Murray
|
|
|
|
This bill extended the machine gun permit process administered by
|
|
DOJ to include the manufacture of machine guns.
|
|
|
|
The bill also amended the law pertaining to firearm silencers,
|
|
12501 PC, to clarify and extend exemptions. It would allow deal-
|
|
ers or manufacturers who are registered under chapter 53 of Title
|
|
26 of the US Code to manufacture, possess, transport and sell
|
|
silencers to the law enforcement agencies described in Section
|
|
830.1 PC, and state and federal military forces for official use.
|
|
|
|
|
|
\\SB 2444 Rogers\\
|
|
|
|
Added a provision to Section 12276.5 PC, which describes the
|
|
process for declaring a firearm to be an assault weapon, requir-
|
|
ing the Attorney General to distribute to all law enforcement
|
|
agencies in the state a description and photograph of each as-
|
|
sault weapon listed in Section 12276 PC and any firearm declared
|
|
to be an assault weapon pursuant to Section 12276.5 PC. DOJ is
|
|
implementing this new provision by preparing a verbal and photo-
|
|
graphic description of each of these assault weapons.
|
|
|
|
|
|
SB \\2480 Rogers
|
|
|
|
\\This bill added Section 12287 to the Penal Code which author-
|
|
izes DOJ to issue permits for the manufacture of assault weapons
|
|
to federally licensed manufacturers of firearms for sale to,
|
|
purchase by, or possession of assault weapons by specified agen-
|
|
cies.
|
|
|
|
|
|
\\SB 2050 Keene
|
|
|
|
\\Requires firearm purchasers or transferees to provide their
|
|
legal name on the dealers record of sale register and any other
|
|
legal names or aliases ever used under penalty of a misdemeanor.
|
|
|
|
Requires the Department of Mental Health to establish a central
|
|
file containing information on persons who come within the provi-
|
|
sions of Section 8100 and 8103 of the Welfare and Institutions
|
|
Code and make those records available to DOJ for firearm and
|
|
weapon license and permit purposes.
|
|
|
|
It requires public and private mental hospitals, sanitariums and
|
|
institutions to report information on current and former mental
|
|
patients needed by DOJ for firearm purchaser purposes. As re-
|
|
quired by the bill, DOJ will keep these records confidential,
|
|
separate and apart from other records in the department and will
|
|
use them only to screen firearm purchasers.
|
|
|
|
|
|
SB \\2065 Davis
|
|
|
|
\\Added Section 12025.5 PC, which allows persons to violate the
|
|
concealed firearm provisions of Section 1202S PC when a person
|
|
has reason to believe he or she is in grave danger because a
|
|
restraining order has been issued against a person or persons
|
|
found to pose a threat to his or her life or safety. The bill
|
|
also amended Section 12031 PC to allow the carrying of a loaded
|
|
concealable firearm under these circumstances. The bill further
|
|
provides that upon trial for a violation of either 1202S or 12031
|
|
PC, the trier of fact must rule whether the defendant indeed
|
|
acted out of reasonable belief that he or she was in grave dan-
|
|
ger.
|
|
|
|
************************************************************
|
|
|
|
CALIFORNIA FIREARMS LAWS 1991 - Page 26
|
|
|
|
Call (916) 739-3318 for information on Gun Show Licenses. Call
|
|
(916) 739-3512 for information on AB 497 and the other bills. For
|
|
information on bills dealing with assault weapons, machine
|
|
gun permits, or weapons licenses and permits, call (916) 739-
|
|
2773.
|
|
|
|
************************************************************
|
|
|
|
|
|
Office of the Attorney General
|
|
Accounting Office
|
|
P.O. Box 944255, 5th floor
|
|
Sacramento, California 94244-2550.
|
|
|