reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 3 - Permits › Section 32660.

32660. Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the firearms are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 3 - Permits › Section 32665.

32665. A permit issued in accordance with this chapter may be revoked by the issuing authority at any time, when it appears that the need for the firearms has ceased or that the holder of the permit has used the firearms for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under the permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 3 - Permits › Section 32670.

32670. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of machineguns.
(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 4 - Licenses to Sell Machineguns › Section 32700.

32700. The Department of Justice may grant a license to permit the sale of machineguns at the place specified in the license, subject to all of the following conditions:
(a) The business shall be carried on only in the place designated in the license.
(b) The license or a certified copy of the license must be displayed on the premises in a place where it may easily be read.
(c) No machinegun shall be delivered to any person not authorized to receive the machinegun under the provisions of this chapter.
(d) A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the descriptions and serial numbers of the weapons purchased, the number and date of issue of the purchaser’s permit, if any, and the signature of the purchaser or purchasing agent. This record shall be open to the inspection of any peace officer or other person designated by the Attorney General.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 4 - Licenses to Sell Machineguns › Section 32705.

32705. An application for a license under this article shall satisfy all of the following conditions:
(a) It shall be filed in writing.
(b) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.
(c) It shall state the applicant’s name.
(d) It shall state the business in which the applicant is engaged.
(e) It shall state the applicant’s business address.
(f) It shall include a full description of the use to which the firearms are to be put.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 4 - Licenses to Sell Machineguns › Section 32710.

32710. (a) Applications and licenses under this article shall be uniform throughout the state, on forms prescribed by the Department of Justice.
(b) A license under this article shall be effective for not more than one year from the date of issuance.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 4 - Licenses to Sell Machineguns › Section 32715.

32715. (a) Each applicant for a license under this article shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.
(b) A license granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a license renewal fee, which shall not exceed the application processing costs of the Department of Justice.
(c) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 4 - Licenses to Sell Machineguns › Section 32720.

32720. Upon breach of any of the conditions stated in Section 32700, a license under this article shall be revoked.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 6 - Machineguns › ARTICLE 5 - Machinegun Constituting Nuisance › Section 32750.

32750. (a) It shall be a public nuisance to possess any machinegun in violation of this chapter.
(b) The Attorney General, any district attorney, or any city attorney may bring an action before the superior court to enjoin the possession of any machinegun in violation of this chapter.
(c) Any machinegun found to be in violation of this chapter shall be surrendered to the Department of Justice. The department shall destroy the machinegun so as to render it unusable and unrepairable as a machinegun, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the machinegun is necessary to serve the ends of justice.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 7 - Multiburst Trigger Activator › Section 32900.

32900. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any multiburst trigger activator is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2012, Ch. 43, Sec. 108. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 7 - Multiburst Trigger Activator › Section 32990.

32990. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any multiburst trigger activator is a nuisance and is subject to Section 18010.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 1 - Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun › Section 33210.

33210. Except as expressly provided in Sections 33215 to 33225, inclusive, and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, and solely in accordance with those provisions, no person may manufacture, import into this state, keep for sale, offer for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun. Nothing else in any provision listed in Section 16580 shall be construed as authorizing the manufacture, importation into the state, keeping for sale, offering for sale, or giving, lending, or possession of any short-barreled rifle or short-barreled shotgun.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 1 - Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun › Section 33215.

33215. Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2012, Ch. 43, Sec. 109. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 1 - Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun › Section 33220.

33220. Section 33215 does not apply to either of the following:
(a) The sale to, purchase by, or possession of short-barreled rifles or short-barreled shotguns by a police department, sheriff’s office, marshal’s office, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b) The possession of short-barreled rifles and short-barreled shotguns by peace officer members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections and Rehabilitation, when on duty and the use is authorized by the agency and is within the course and scope of their duties, and the officers have completed a training course in the use of these weapons certified by the Commission on Peace Officer Standards and Training.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 1 - Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun › Section 33225.

33225. Section 33215 does not apply to the manufacture, possession, transportation, or sale of a short-barreled rifle or short-barreled shotgun, when authorized by the Department of Justice pursuant to Article 2 (commencing with Section 33300) and not in violation of federal law.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 1 - Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun › Section 33290.

33290. Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any short-barreled rifle or short-barreled shotgun is a nuisance and is subject to Section 18010.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 2 - Permit for Short-Barreled Rifle or Short-Barreled Shotgun › Section 33300.

33300. (a) Upon a showing that good cause exists for issuance of a permit to the applicant, and if the Department of Justice finds that issuance of the permit does not endanger the public safety, the department may issue a permit for the manufacture, possession, importation, transportation, or sale of short-barreled rifles or short-barreled shotguns. The permit shall be initially valid for a period of one year, and renewable annually thereafter. No permit shall be issued to a person who is under 18 years of age.
(b) Good cause, for the purposes of this section, shall be limited to only the following:
(1) The permit is sought for the manufacture, possession, importation, or use with blank cartridges, of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event.
(2) The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities listed in Section 33220 by persons who are licensed as dealers or manufacturers under the provisions of Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.
(Amended by Stats. 2012, Ch. 691, Sec. 2. (AB 1559) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 2 - Permit for Short-Barreled Rifle or Short-Barreled Shotgun › Section 33305.

33305. (a) An application for a permit under this article shall satisfy all of the following conditions:
(1) It shall be filed in writing.
(2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.
(3) It shall state the applicant’s name.
(4) It shall state the business in which the applicant is engaged.
(5) It shall state the applicant’s business address.
(6) It shall include a full description of the use to which the short-barreled rifles or short-barreled shotguns are to be put.
(b) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.
(c) Each applicant for a permit shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.
(d) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, which shall not exceed the application processing costs of the Department of Justice.
(e) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 2 - Permit for Short-Barreled Rifle or Short-Barreled Shotgun › Section 33310.

33310. (a) Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the short-barreled rifles or short-barreled shotguns are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit.
(b) Every short-barreled rifle or short-barreled shotgun possessed pursuant to the provisions of this article shall bear a unique identifying number. If a weapon does not bear a unique identifying number, the Department of Justice shall assign a number which shall be placed or stamped on that weapon.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 2 - Permit for Short-Barreled Rifle or Short-Barreled Shotgun › Section 33315.

33315. A permit issued in accordance with this article may be revoked by the issuing authority at any time, when it appears that the need for the short-barreled rifles or short-barreled shotguns has ceased or that the holder of the permit has used the short-barreled rifles or short-barreled shotguns for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under the permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 8 - Short-Barreled Rifle or Short-Barreled Shotgun › ARTICLE 2 - Permit for Short-Barreled Rifle or Short-Barreled Shotgun › Section 33320.

33320. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of short-barreled rifles and short-barreled shotguns.
(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 9 - Silencers › Section 33410.

33410. Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 554. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 9 - Silencers › Section 33415.

33415. Section 33410 shall not apply to, or affect, any of the following:
(a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 10 - Zip Guns › Section 33600.

33600. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any zip gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2012, Ch. 43, Sec. 110. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 10 - SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT › CHAPTER 10 - Zip Guns › Section 33690.

33690. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any zip gun is a nuisance and is subject to Section 18010.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 1 - Procedure for Taking Firearm into Custody › Section 33800.

33800. (a) When a firearm is taken into custody by a law enforcement officer, the officer shall issue the person who possessed the firearm a receipt describing the firearm, and listing any serial number or other identification on the firearm.
(b) The receipt shall indicate where the firearm may be recovered, any applicable time limit for recovery, and the date after which the owner or possessor may recover the firearm pursuant to Chapter 2 (commencing with Section 33850).
(c) Nothing in this section is intended to displace any existing law regarding the seizure or return of firearms.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33855.

33855. A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a) The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b) If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c) If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 864, Sec. 7.6. (AB 2222) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33860.

33860. (a) The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b) The fees collected pursuant to subdivision (a) shall be deposited into the Dealers’ Record of Sale Special Account.
(c) The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications submitted pursuant to this section.
(d) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 14. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33865.

33865. (a) When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b) The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c) If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1) The identity of the applicant.
(2) A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3) If applicable, a description of the firearm by make, model, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted.
(d) The department shall enter a record of the firearm into the Automated Firearms System (AFS), provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS.
(e) If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f) If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 16. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33870.

33870. (a) If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b) If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owner’s identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c) This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 18. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33875.

33875. (a) Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
(b) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 20. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33880.

33880. (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d) The following apply to any charges imposed for administrative costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4) A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e) Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
(f) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 22. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33885.

33885. (a) In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorney’s fees to the prevailing party.
(b) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 24. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency › Section 33895.

33895. (a) Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b) Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
(c) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 26. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 3 - Firearms that are Unclaimed, Abandoned, or Subject to Destruction › Section 34000.

34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be sold, or destroyed, as provided for in Sections 18000 and 18005.
(b) This section does not apply to any firearm in the possession of the Department of Fish and Game, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION › CHAPTER 3 - Firearms that are Unclaimed, Abandoned, or Subject to Destruction › Section 34010.

34010. Any law enforcement agency that retains custody of any firearm pursuant to Section 34005, or that destroys a firearm pursuant to Sections 18000 and 18005, shall notify the Department of Justice, and, if applicable, the superior court and any parties to any civil or criminal action related to the firearm, of the retention or destruction. This notification shall consist of a complete description of each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number.
(Amended by Stats. 2022, Ch. 58, Sec. 37. (AB 200) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 1 - Miscellaneous Reports and Publications › Section 34200.

34200. The Attorney General shall provide the Legislature on or before April 15 of each year, commencing in 1998, a written report on the specific types of firearms used in the commission of crimes based upon information obtained from state and local crime laboratories. The report shall include all of the following information regarding crimes in which firearms were used:
(a) A description of the relative occurrence of firearms most frequently used in the commission of violent crimes, distinguishing whether the firearms used were handguns, rifles, shotguns, assault weapons, or other related types of weapons.
(b) A description of specific types of firearms that are used in homicides or street gang and drug trafficking crimes.
(c) The frequency with which stolen firearms were used in the commission of the crimes.
(d) The frequency with which fully automatic firearms were used in the commission of the crimes.
(e) Any trends of importance such as those involving specialized ammunition or firearms modifications, such as conversion to a fully automatic weapon, removal of serial number, shortening of barrel, or use of a suppressor.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 1 - Miscellaneous Reports and Publications › Section 34205.

34205. (a) The Department of Justice shall prepare a pamphlet that summarizes California firearms laws as they pertain to persons other than law enforcement officers or members of the armed services.
(b) The pamphlet shall include the following matters:
(1) Lawful possession.
(2) Licensing procedures.
(3) Transportation and use of firearms.
(4) Acquisition of hunting licenses.
(5) The safe handling and use of firearms.
(6) Various methods of safe storage and child proofing of firearms.
(7) The availability of firearms safety programs and devices.
(8) The responsibilities of firearms ownership.
(9) The operation of various types of firearms.
(10) The lawful use of deadly force.
(c) The department shall offer copies of the pamphlet at actual cost to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall have copies of the most current version available for sale to retail purchasers or transferees of firearms. The cost of the pamphlet, if any, may be added to the sale price of the firearm. Other interested parties may purchase copies directly from the Department of General Services.
(d) The pamphlet shall declare that it is merely intended to provide a general summary of laws applicable to firearms and is not designed to provide individual guidance for specific areas. Individuals having specific questions shall be directed to contact their local law enforcement agency or private counsel.
(e) The Department of Justice or any other public entity shall be immune from any liability arising from the drafting, publication, or dissemination of the pamphlet or any reliance upon it. All receipts from the sale of these pamphlets shall be deposited as reimbursements to the support appropriation for the Department of Justice.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 1 - Miscellaneous Reports and Publications › Section 34210.

34210. (a) The Department of Justice shall prepare a pamphlet in all of the languages described in subdivision (a) of Section 31640 that explains the reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(b) The department may solicit input from any reputable association or organization in the development of the pamphlet.
(c) The department shall design and make available on its internet website the pamphlet described in subdivision (a) in PDF or another imaging format to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, to distribute pursuant to Section 26866.
(d) This section shall become operative on January 1, 2025.
(Added by Stats. 2023, Ch. 248, Sec. 4.5. (AB 1598) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)