27850-27965

PENAL CODE
SECTION 27850-27965




27850.  (a) Section 27545 does not apply to a sale, delivery, or
transfer of firearms if both of the following requirements are
satisfied:
   (1) The sale, delivery, or transfer is to an authorized
representative of a city, city and county, county, or state
government, or of the federal government, and is for the governmental
entity.
   (2) The entity is acquiring the weapon as part of an authorized,
voluntary program in which the entity is buying or receiving weapons
from private individuals.
   (b) Any weapons acquired pursuant to this section shall be
disposed of pursuant to the applicable provisions of Section 34000 or
Sections 18000 and 18005.



27855.  Section 27545 does not apply to the sale, delivery, loan, or
transfer of a firearm made by an authorized law enforcement
representative of a city, county, city and county, or state, or of
the federal government, to any public or private nonprofit historical
society, museum, or institutional collection, or the purchase or
receipt of that firearm by that public or private nonprofit
historical society, museum, or institutional collection, if all of
the following conditions are met:
   (a) The entity receiving the firearm is open to the public.
   (b) The firearm prior to delivery is deactivated or rendered
inoperable.
   (c) The firearm is not subject to any of the following:
   (1) Sections 18000 and 18005.
   (2) Division 4 (commencing with Section 18250) of Title 2.
   (3) Section 34000.
   (4) Sections 34005 and 34010.
   (d) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
   (e) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions listed in
Section 16575 and, if applicable, with Section 31615.
   (f) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, all of the following
information shall be reported to the department in a manner
prescribed by the department:
   (1) The name of the government entity delivering the firearm.
   (2) The make, model, serial number, and other identifying
characteristics of the firearm.
   (3) The name of the person authorized by the entity to take
possession of the firearm.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.


27860.  Section 27545 does not apply to the sale, delivery, loan, or
transfer of a firearm made by any person other than a representative
of an authorized law enforcement agency to any public or private
nonprofit historical society, museum, or institutional collection, if
all of the following conditions are met:
   (a) The entity receiving the firearm is open to the public.
   (b) The firearm is deactivated or rendered inoperable prior to
delivery.
   (c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
   (d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
   (e) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that entity shall,
within 30 days of taking possession of that handgun, forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, which
includes all of the following information:
   (1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
   (2) Information on how title was obtained and from whom.
   (3) A description of the firearm in question.
   (4) A copy of the written statement referred to in subdivision
(d).
   (f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
   (g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.



27865.  Section 27545 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.



27870.  Section 27545 does not apply to the transfer of a firearm,
other than a handgun, by gift, bequest, intestate succession, or
other means from one individual to another, if both of the following
requirements are satisfied:
   (a) The transfer is infrequent, as defined in Section 16730.
   (b) The transfer is between members of the same immediate family.



27875.  Section 27545 does not apply to the transfer of a handgun by
gift, bequest, intestate succession, or other means from one
individual to another, if all of the following requirements are met:
   (a) The transfer is infrequent, as defined in Section 16730.
   (b) The transfer is between members of the same immediate family.
   (c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
   (d) The person taking title to the firearm shall first obtain a
handgun safety certificate.
   (e) The person receiving the firearm is 18 years of age or older.




27880.  Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
   (a) The loan is infrequent, as defined in Section 16730.
   (b) The loan is for any lawful purpose.
   (c) The loan does not exceed 30 days in duration.
   (d) Commencing January 1, 2003, if the firearm is a handgun, the
individual being loaned the handgun shall have a valid handgun safety
certificate.


27885.  Section 27545 does not apply to the loan of a firearm if all
of the following conditions exist:
   (a) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
   (b) The loan is for a lawful purpose.
   (c) The loan does not exceed three days in duration.
   (d) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (e) The person loaning the firearm is 18 years of age or older.
   (f) The person being loaned the firearm is 18 years of age or
older.


27890.  Section 27545 does not apply to the delivery of a firearm to
a gunsmith for service or repair, or to the return of the firearm to
its owner by the gunsmith, or to the delivery of a firearm by a
gunsmith to a person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code for service or
repair and the return of the firearm to the gunsmith.



27895.  Section 27545 does not apply to the sale, delivery, or
transfer of firearms if all of the following requirements are
satisfied:
   (a) The sale, delivery, or transfer is made by a person who
resides in this state.
   (b) The sale, delivery, or transfer is made to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (c) The sale, delivery, or transfer is in accordance with Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.




27900.  (a) Section 27545 does not apply to the infrequent sale or
transfer of a firearm other than a handgun at an auction or similar
event conducted by a nonprofit mutual or public benefit corporation
organized pursuant to the Corporations Code.
   (b) As used in this section, "infrequent" has the meaning provided
in Section 16730.



27905.  Section 27545 does not apply to the transfer of a firearm if
all of the following requirements are satisfied:
   (a) The firearm is not a handgun.
   (b) The firearm is donated for an auction or similar event
described in Section 27900.
   (c) The firearm is delivered to the nonprofit corporation
immediately preceding, or contemporaneous with, the auction or
similar event.


27910.  Section 27545 does not apply to the loan of a firearm to a
person 18 years of age or older for the purposes of shooting at
targets if the loan occurs on the premises of a target facility that
holds a business or regulatory license or on the premises of any club
or organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.



27915.  Section 27545 does not apply to a person who takes title or
possession of a firearm by operation of law if both of the following
requirements are satisfied:
   (a) The firearm is not a handgun.
   (b) The person is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.




27920.  Section 27545 does not apply to a person who takes title or
possession of a handgun by operation of law if the person is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and all of the following conditions
are met:
   (a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
   (b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
   (1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
   (2) Prior to taking title or possession of the firearm, the person
shall obtain a handgun safety certificate.
   (c) Where the person receiving title or possession of the handgun
is a person described in subdivision (i) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that transferred or delivered the firearm. An agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
   (d) Where the person receiving title or possession of the handgun
is a person described in subdivision (j) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the AFS via
the CLETS by the law enforcement or state agency that transferred or
delivered the firearm. An agency without access to AFS shall arrange
with the sheriff of the county in which the agency is located to
input this information via this system. In addition, that law
enforcement agency shall not deliver that handgun to the person
referred to in this subdivision unless, prior to the delivery of the
handgun, the person presents proof to the agency that the person is
the holder of a handgun safety certificate.
   (e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.



27925.  (a) Section 27545 does not apply to a person who takes
possession of a firearm by operation of law in a representative
capacity who subsequently transfers ownership of the firearm to
himself or herself in an individual capacity.
   (b) In the case of a handgun, the individual shall obtain a
handgun safety certificate prior to transferring ownership to himself
or herself, or taking possession of a handgun in an individual
capacity.


27930.  Section 27545 does not apply to deliveries, transfers, or
returns of firearms made pursuant to any of the following:
   (a) Sections 18000 and 18005.
   (b) Division 4 (commencing with Section 18250) of Title 2.
   (c) Chapter 2 (commencing with Section 33850) of Division 11.
   (d) Sections 34005 and 34010.


27935.  Section 27545 does not apply to the sale, delivery, or
transfer of unloaded firearms to a wholesaler as merchandise in the
wholesaler's business by a manufacturer or importer licensed to
engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, or by another wholesaler, if the
sale, delivery, or transfer is made in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code.



27940.  Section 27545 does not apply to the sale, delivery, or
transfer of a firearm regulated pursuant to any of the following
statutes, if the sale, delivery, or transfer of that firearm is
conducted in accordance with the applicable provisions of the
statute:
   (a) Chapter 1 (commencing with Section 18710) of Division 5 of
Title 2, relating to destructive devices and explosives.
   (b) Section 24410, relating to cane guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to cane guns.
   (c) Section 24510, relating to firearms that are not immediately
recognizable as firearms, and the exemptions in Chapter 1 (commencing
with Section 17700) of Title 2, as they relate to firearms that are
not immediately recognizable as firearms.
   (d) Sections 24610 and 24680, relating to undetectable firearms,
and the exemptions in Chapter 1 (commencing with Section 17700) of
Title 2, as they relate to undetectable firearms.
   (e) Section 24710, relating to wallet guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to wallet guns.
   (f) Chapter 2 (commencing with Section 30500) of Division 10,
relating to assault weapons.
   (g) Section 31500, relating to unconventional pistols, and the
exemptions in Chapter 1 (commencing with Section 17700) of Title 2,
as they relate to unconventional pistols.
   (h) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns, and the exemptions in Chapter 1
(commencing with Section 17700) of Title 2, as they relate to
short-barreled rifles and short-barreled shotguns.
   (i) Chapter 6 (commencing with Section 32610) of Division 10,
relating to machineguns.
   (j) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to zip guns.



27945.  Section 27545 does not apply to or affect the following
circumstances:
   (a) The transfer or loan of a firearm, other than a handgun, to a
minor by the minor's parent or legal guardian.
   (b) The transfer or loan of a firearm, other than a handgun, to a
minor by a grandparent who is not the legal guardian of the minor, if
the transfer is done with the express permission of the minor's
parent or legal guardian.
   (c) The loan of a firearm, other than a handgun, to a minor, with
the express permission of the minor's parent or legal guardian, if
the loan does not exceed 30 days in duration and is for a lawful
purpose.
   (d) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
   (1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (e) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
   (1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
   (2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (4) The duration of the loan does not, in any event, exceed 10
days.


27950.  Section 27545 does not apply to the loan of a firearm, other
than a handgun, to a licensed hunter for use by that hunter for a
period of time not to exceed the duration of the hunting season for
which the firearm is to be used.


27955.  Section 27545 does not apply to the loan of a firearm if all
of the following requirements are satisfied:
   (a) The loan is infrequent, as defined in Section 16730.
   (b) The firearm is unloaded.
   (c) The loan is made by a person who is neither a dealer nor a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (d) The loan is made to a person 18 years of age or older.
   (e) The loan is for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.



27960.  (a) Section 27545 does not apply to the loan of a firearm if
all of the following requirements are satisfied:
   (1) The firearm is unloaded.
   (2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
   (4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
   (b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.



27965.  If all of the following requirements are satisfied, Section
27545 does not apply to the sale, loan, or transfer of a firearm:
   (a) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
   (b) The firearm is not a handgun.
   (c) The firearm is a curio or relic manufactured at least 50 years
prior to the current date but is not a replica, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations, or its
successor.