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 4 - Handguns and Firearm Safety › ARTICLE 3 - Exceptions to Firearm Safety Certificate Requirement › Section 31835.

31835. Subdivision (a) of Section 31615 does not apply to the delivery, sale, or transfer of firearms when made by authorized law enforcement representatives for cities, counties, cities and counties, or of the state or federal government, if all of the following conditions are met:
(a) The sale, delivery, or transfer is made to one of the persons or entities identified in subdivision (a) of Section 26620.
(b) The sale, delivery, or transfer of the firearm is not subject to the procedures set forth in Section 18000, 18005, 34000, or 34005.
(c) The sale, delivery, or transfer of the firearm follows the procedures set forth in subdivision (c) of Section 26620.
(Added by Stats. 2013, Ch. 738, Sec. 10. (AB 538) Effective January 1, 2014.)
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 4 - Handguns and Firearm Safety › ARTICLE 4 - Unsafe Handgun and Related Definitions › Section 31900.

31900. As used in this part, the “drop safety requirement for handguns” means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test:
(a) A primed case (no powder or projectile) shall be inserted into the chamber. For a pistol, the slide shall be released, allowing it to move forward under the impetus of the recoil spring, and an empty magazine shall be inserted. For both a pistol and a revolver, the weapon shall be placed in a drop fixture capable of dropping the pistol from a drop height of 1m + 1cm (39.4 + 0.4 in.) onto the largest side of a slab of solid concrete having minimum dimensions of 7.5 x 15 x 15 cm (3 x 6 x 6 in.). The drop distance shall be measured from the lowermost portion of the weapon to the top surface of the slab. The weapon shall be dropped from a fixture and not from the hand. The weapon shall be dropped in the condition that it would be in if it were dropped from a hand (cocked with no manual safety applied). If the pistol is designed so that upon leaving the hand a “safety” is automatically applied by the pistol, this feature shall not be defeated. An approved drop fixture is a short piece of string with the weapon attached at one end and the other end held in an air vise until the drop is initiated.
(b) The following six drops shall be performed:
(1) Normal firing position with barrel horizontal.
(2) Upside down with barrel horizontal.
(3) On grip with barrel vertical.
(4) On muzzle with barrel vertical.
(5) On either side with barrel horizontal.
(6) If there is an exposed hammer or striker, on the rearmost point of that device, otherwise on the rearmost point of the weapon.
(c) The primer shall be examined for indentations after each drop. If indentations are present, a fresh primed case shall be used for the next drop.
(d) The handgun shall pass this test if each of the three test guns does not fire the primer.
(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 4 - Handguns and Firearm Safety › ARTICLE 4 - Unsafe Handgun and Related Definitions › Section 31905.

31905. (a) As used in this part, “firing requirement for handguns” means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. These handguns may not be refined or modified in any way from those that would be made available for retail sale if certification is granted. The magazines of a tested pistol shall be identical to those that would be provided with the pistol to a retail customer.
(b) The test shall be conducted as follows:
(1) The laboratory shall fire 600 rounds from each gun, stopping after each series of 50 rounds has been fired for 5 to 10 minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun in accordance with the manufacturer’s instructions, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing.
(2) The ammunition used shall be of the type recommended by the handgun manufacturer in the user manual, or if none is recommended, any standard ammunition of the correct caliber in new condition that is commercially available.
(c) A handgun shall pass this test if each of the three test guns meets both of the following:
(1) Fires the first 20 rounds without a malfunction that is not due to ammunition that fails to detonate.
(2) Fires the full 600 rounds with no more than six malfunctions that are not due to ammunition that fails to detonate and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user.
(d) If a pistol or revolver fails the requirements of either paragraph (1) or (2) of subdivision (c) due to ammunition that fails to detonate, the pistol or revolver shall be retested from the beginning of the “firing requirement for handguns” test. A new model of the pistol or revolver that failed due to ammunition that fails to detonate may be submitted for the test to replace the pistol or revolver that failed.
(e) As used in this section, “malfunction” means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol’s slide to remain open after the magazine has been expended.
(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 4 - Handguns and Firearm Safety › ARTICLE 4 - Unsafe Handgun and Related Definitions › Section 31910.

31910. (a) As used in this part, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:
(1) For a revolver:
(A) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.
(B) It does not meet the firing requirement for handguns.
(C) It does not meet the drop safety requirement for handguns.
(2) For a pistol:
(A) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
(B) It does not meet the firing requirement for handguns.
(C) It does not meet the drop safety requirement for handguns.
(D) Commencing July 1, 2022, for all centerfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator.
(E) Commencing July 1, 2022, for all centerfire or rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine.
(b) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in subparagraphs (D) and (E) of paragraph (2) of subdivision (a) and added to the roster before July 1, 2022. Notwithstanding those subparagraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those subparagraphs.
(Amended by Stats. 2023, Ch. 253, Sec. 7. (SB 452) Effective January 1, 2024.)
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 4 - Handguns and Firearm Safety › ARTICLE 5 - Rules Governing Unsafe Handguns › Section 32005.

32005. (a) Every person who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and who manufactures firearms in this state shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person that the person manufactures is not an unsafe handgun as prohibited by Sections 31900 to 32110, inclusive.
(b) Every person who imports into the state for sale, keeps for sale, or offers or exposes for sale any firearm shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person that the person imports, keeps, or exposes for sale is not an unsafe handgun as prohibited by Sections 31900 to 32110, inclusive.
(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 4 - Handguns and Firearm Safety › ARTICLE 5 - Rules Governing Unsafe Handguns › Section 32010.

32010. (a) Any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested within a reasonable period of time by an independent laboratory certified pursuant to subdivision (b) to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person meets or exceeds the standards defined in Section 31910.
(b) On or before October 1, 2000, the Department of Justice shall certify laboratories to verify compliance with the standards defined in Section 31910. The department may charge a fee to certify a laboratory to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 31900 to 32110, inclusive. The fee shall not exceed the costs of certification.
(c) The certified testing laboratory shall, at the manufacturer’s or importer’s expense, test the firearm and submit a copy of the final test report directly to the Department of Justice along with a prototype of the weapon to be retained by the department. The department shall notify the manufacturer or importer of its receipt of the final test report and the department’s determination as to whether the firearm tested may be sold in this state.
(d) (1) Commencing January 1, 2006, no center-fire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it does not have either a chamber load indicator, or a magazine disconnect mechanism if it has a detachable magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it does not have both a chamber load indicator and a magazine disconnect mechanism.
(3) Commencing January 1, 2006, no rimfire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it has a detachable magazine, and does not have a magazine disconnect mechanism.
(Amended by Stats. 2018, Ch. 185, Sec. 11. (AB 2176) Effective January 1, 2019.)
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 4 - Handguns and Firearm Safety › ARTICLE 5 - Rules Governing Unsafe Handguns › Section 32015.

32015. (a) On and after January 1, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the handguns that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state pursuant to this part. The roster shall list, for each firearm, the manufacturer, model number, and model name.
(b) (1) The department may charge every person in this state who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any handgun in this state, an annual fee not exceeding the costs of preparing, publishing, and maintaining the roster pursuant to subdivision (a) and the costs of research and development, report analysis, firearms storage, and other program infrastructure costs necessary to implement Sections 31900 to 32110, inclusive. Commencing January 1, 2015, the annual fee shall be paid on January 1, or the next business day, of every year.
(2) Any handgun that is manufactured by a manufacturer who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any handgun in this state, and who fails to pay any fee required pursuant to paragraph (1), may be excluded from the roster.
(3) If a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster of not unsafe handguns because of failure to pay the fee required to keep that handgun listed on the roster, the handgun shall be deliverable to the purchaser if the purchaser is not otherwise prohibited from purchasing or possessing the handgun. However, if a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster pursuant to subdivision (d) of Section 32020, the handgun shall not be deliverable to the purchaser.
(Amended by Stats. 2013, Ch. 758, Sec. 4. (SB 363) Effective January 1, 2014.)
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 4 - Handguns and Firearm Safety › ARTICLE 5 - Rules Governing Unsafe Handguns › Section 32020.

32020. (a) The Attorney General may annually retest up to 5 percent of the handgun models that are listed on the roster described in subdivision (a) of Section 32015.
(b) The retesting of a handgun model pursuant to subdivision (a) shall conform to the following:
(1) The Attorney General shall obtain from retail or wholesale sources, or both, three samples of the handgun model to be retested.
(2) The Attorney General shall select the certified laboratory to be used for the retesting.
(3) The ammunition used for the retesting shall be of a type recommended by the manufacturer in the user manual for the handgun. If the user manual for the handgun model makes no ammunition recommendation, the Attorney General shall select the ammunition to be used for the retesting. The ammunition shall be of the proper caliber for the handgun, commercially available, and in new condition.
(c) The retest shall be conducted in the same manner as the testing prescribed in Sections 31900 and 31905.
(d) If the handgun model fails retesting, the Attorney General shall remove the handgun model from the roster maintained pursuant to subdivision (a) of Section 32015.
(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 4 - Handguns and Firearm Safety › ARTICLE 5 - Rules Governing Unsafe Handguns › Section 32025.

32025. A handgun model removed from the roster pursuant to subdivision (d) of Section 32020 may be reinstated on the roster if all of the following are met:
(a) The manufacturer petitions the Attorney General for reinstatement of the handgun model.
(b) The manufacturer pays the Department of Justice for all of the costs related to the reinstatement testing of the handgun model, including the purchase price of the handguns, prior to reinstatement testing.
(c) The reinstatement testing of the handguns shall be in accordance with subdivisions (b) and (c) of Section 32020.
(d) The three handgun samples shall be tested only once for reinstatement. If the sample fails it may not be retested.
(e) If the handgun model successfully passes testing for reinstatement, and if the manufacturer of the handgun is otherwise in compliance with Sections 31900 to 32110, inclusive, the Attorney General shall reinstate the handgun model on the roster maintained pursuant to subdivision (a) of Section 32015.
(f) The manufacturer shall provide the Attorney General with the complete testing history for the handgun model.
(g) Notwithstanding subdivision (a) of Section 32020, the Attorney General may, at any time, further retest any handgun model that has been reinstated to the roster.
(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 4 - Handguns and Firearm Safety › ARTICLE 5 - Rules Governing Unsafe Handguns › Section 32030.

32030. (a) A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 32015 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features:
(1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.
(2) The material from which the grips are made.
(3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(b) Any manufacturer seeking to have a firearm listed under this section shall provide to the Department of Justice all of the following:
(1) The model designation of the listed firearm.
(2) The model designation of each firearm that the manufacturer seeks to have listed under this section.
(3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed firearm.
(c) The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.
(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 4 - Handguns and Firearm Safety › ARTICLE 6 - Exceptions to Rules Governing Unsafe Handguns › Section 32100.

32100. (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.
(b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-shot pistol with a break top or bolt action and a barrel length of not less than six inches and that has an overall length of at least 10½ inches when the handle, frame or receiver, and barrel are assembled. However, Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall apply to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode.
(Amended by Stats. 2014, Ch. 147, Sec. 1. (AB 1964) Effective January 1, 2015.)
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 4 - Handguns and Firearm Safety › ARTICLE 6 - Exceptions to Rules Governing Unsafe Handguns › Section 32105.

32105. (a) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that fall within the definition of “unsafe handgun” pursuant to paragraph (3) of subdivision (b) of Section 31910 shall be exempt, as provided in subdivisions (b) and (c).
(b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (a):
MANUFACTURER
MODEL
CALIBER
ANSCHUTZ
FP
.22LR
BENELLI
MP90
.22LR
BENELLI
MP90
.32 S&W LONG
BENELLI
MP95
.22LR
BENELLI
MP95
.32 S&W LONG
DRULOV
FP
.22LR
GREEN
ELECTROARM
.22LR
HAMMERLI
100
.22LR
HAMMERLI
101
.22LR
HAMMERLI
102
.22LR
HAMMERLI
162
.22LR
HAMMERLI
280
.22LR
HAMMERLI
280
.32 S&W LONG
HAMMERLI
FP10
.22LR
HAMMERLI
MP33
.22LR
HAMMERLI
SP20
.22LR
HAMMERLI
SP20
.32 S&W LONG
MORINI
CM102E
.22LR
MORINI
22M
.22LR
MORINI
32M
.32 S&W LONG
MORINI
CM80
.22LR
PARDINI
GP
.22 SHORT
PARDINI
GPO
.22 SHORT
PARDINI
GP-SCHUMANN
.22 SHORT
PARDINI
HP
.32 S&W LONG
PARDINI
K22
.22LR
PARDINI
MP
.32 S&W LONG
PARDINI
PGP75
.22LR
PARDINI
SP
.22LR
PARDINI
SPE
.22LR
SAKO
FINMASTER
.22LR
STEYR
FP
.22LR
VOSTOK
IZH NO. 1
.22LR
VOSTOK
MU55
.22LR
VOSTOK
TOZ35
.22LR
WALTHER
FP
.22LR
WALTHER
GSP
.22LR
WALTHER
GSP
.32 S&W LONG
WALTHER
OSP
.22 SHORT
WALTHER
OSP-2000
.22 SHORT
(c) The department shall create a program that is consistent with the purpose stated in subdivision (a) to exempt new models of competitive firearms from Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000). The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
(Amended by Stats. 2011, Ch. 296, Sec. 243. (AB 1023) Effective January 1, 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 5 - Large-Capacity Magazine › ARTICLE 1 - Rules Governing Large-Capacity Magazines › Section 32310.

32310. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter 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, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.
(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:
(1) Remove the large-capacity magazine from the state;
(2) Sell the large-capacity magazine to a licensed firearms dealer; or
(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.1.)
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 5 - Large-Capacity Magazine › ARTICLE 1 - Rules Governing Large-Capacity Magazines › Section 32311.

32311. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.
(Added by Stats. 2013, Ch. 728, Sec. 2. (AB 48) Effective January 1, 2014.)
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 5 - Large-Capacity Magazine › ARTICLE 1 - Rules Governing Large-Capacity Magazines › Section 32315.

32315. Upon a showing that good cause exists, the Department of Justice may issue permits for the possession, transportation, or sale between a person licensed pursuant to Sections 26700 to 26915, inclusive, and an out-of-state client, of large-capacity magazines.
(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 5 - Large-Capacity Magazine › ARTICLE 1 - Rules Governing Large-Capacity Magazines › Section 32390.

32390. Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any large-capacity magazine 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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32400.

32400. Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.2.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32405.

32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties.
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.3.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32406.

32406. Subdivision (c) of Section 32310 does not apply to an honorably retired sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or honorably retired sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. “Honorably retired” shall have the same meaning as provided in Section 16690.
(Added November 8, 2016, by initiative Proposition 63, Sec. 6.4. See same-numbered section added by Stats. 2016, Ch. 58.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32406.

32406. Subdivisions (b) and (c) of Section 32310 do not apply to the following:
(a) An individual who honorably retired from being a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or an individual who honorably retired from being a sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. For purposes of this section, “honorably retired” has the same meaning as provided in Section 16690.
(b) A federal, state, or local historical society, museum or institutional society, or museum or institutional collection, that is open to the public, provided that the large-capacity magazine is unloaded, properly housed within secured premises, and secured from unauthorized handling.
(c) A person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition, and possessed it no longer than necessary to deliver or transport it to the nearest law enforcement agency.
(d) A forensic laboratory, or an authorized agent or employee thereof in the course and scope of his or her authorized activities.
(e) The receipt or disposition of a large-capacity magazine by a trustee of a trust, or an executor or administrator of an estate, including an estate that is subject to probate, that includes a large-capacity magazine.
(f) A person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds 10 or fewer rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm.
(Added by Stats. 2016, Ch. 58, Sec. 4. (SB 1446) Effective January 1, 2017. See same-numbered section added November 8, 2016, by Proposition 63.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32410.

32410. Section 32310 does not apply to the sale, purchase, or possession of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.5.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32415.

32415. Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
(b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
(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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32425.

32425. Section 32310 does not apply to any of the following:
(a) The lending or giving of any large-capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
(b) The possession of any large-capacity magazine by a person specified in subdivision (a) for the purposes specified in subdivision (a).
(c) The return to its owner of any large-capacity magazine by a person specified in subdivision (a).
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.7.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32430.

32430. Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit.
(Amended by Stats. 2016, Ch. 58, Sec. 8. (SB 1446) Effective January 1, 2017.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32435.

32435. Section 32310 does not apply to any of the following:
(a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state.
(b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business.
(c) The possession of any large-capacity magazines by the employees of an entity specified in subdivision (a) for purposes that pertain to the entity’s armored vehicle business.
(d) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b).
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.8.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32440.

32440. Section 32310 does not apply to any of the following:
(a) The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(b) The manufacture of a large-capacity magazine for use by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer’s duties.
(c) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.
(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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32445.

32445. Section 32310 does not apply to the loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.
(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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32450.

32450. Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes:
(a) For use solely as a prop for a motion picture, television, or video production.
(b) For export pursuant to federal regulations.
(c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.
(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.9.)
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 5 - Large-Capacity Magazine › ARTICLE 2 - Exceptions Relating Specifically to Large-Capacity Magazines › Section 32455.

32455. Section 32310 does not apply to the sale, gift, or loan of a large-capacity magazine to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, nor to the possession of, or purchase by, the person, for purposes of participation in the course during his or her period of enrollment. Upon completion of the course the large-capacity magazine shall be removed from the state, sold to a licensed firearms dealer, or surrendered to a law enforcement agency, unless another exemption to Section 32310 applies.
(Added by Stats. 2017, Ch. 783, Sec. 4. (AB 693) Effective October 14, 2017.)
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 1 - General Provisions › Section 32610.

32610. Nothing in this chapter shall affect or apply to any of the following:
(a) The sale to, purchase by, or possession of machineguns by a police department, a sheriff’s office, a marshal’s office, a district attorney’s office, the California Highway Patrol, the Department of Justice, the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the discharge of their official duties, provided, however, that any sale to these entities be transacted by a person who is permitted pursuant to Section 32650 and licensed pursuant to Article 4 (commencing with Section 32700).
(b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff’s office, marshal’s office, district attorney’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, when on duty and if the use is within the scope of their duties.
(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 2 - Unlawful Acts Relating to Machineguns › Section 32625.

32625. (a) Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) Any person, firm, or corporation who within this state intentionally converts a firearm into a machinegun, or who sells, or offers for sale, or knowingly manufactures a machinegun, except as authorized by this chapter, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.
(Amended by Stats. 2011, Ch. 15, Sec. 553. (AB 109) Effective April 4, 2011. Amendment 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 6 - Machineguns › ARTICLE 3 - Permits › Section 32650.

32650. (a) The Department of Justice may issue permits for the possession, manufacture, and transportation or possession, manufacture, or transportation of machineguns, upon a satisfactory showing that good cause exists for the issuance of the permit to the applicant. No permit shall be issued to a person who is under 18 years of age.
(b) A permit for possession issued pursuant to this section may only be issued to an individual, and may not be issued to a partnership, corporation, limited liability company, association, or any other group or entity, regardless of how that entity was created.
(Amended by Stats. 2013, Ch. 729, Sec. 4. (AB 170) Effective January 1, 2014.)
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 32655.

32655. (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 firearms 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.)