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Division 2. Definitions of California Penal Code >> Division 2. >> Title 1. >> Part 6.
Use of the term ".50 BMG cartridge" is governed by Section
30525.
Use of the term ".50 BMG rifle" is governed by Section
30530.
As used in this part, "abuse" means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(d) To molest, attack, strike, stalk, destroy personal property, or violate the terms of a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
(a) Intentionally or recklessly to cause or attempt to cause bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(d) To molest, attack, strike, stalk, destroy personal property, or violate the terms of a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
As used in Section 26915, "agent" means an employee of the
licensee.
As used in this part, "air gauge knife" means a device that
appears to be an air gauge but has concealed within it a pointed,
metallic shaft that is designed to be a stabbing instrument which is
exposed by mechanical action or gravity which locks into place when
extended.
(a) As used in Section 30300, "ammunition" means handgun
ammunition as defined in Section 16650.
(b) As used in subdivision (a) of Section 30305 and in Section 30306, "ammunition" includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. "Ammunition" does not include blanks.
(b) As used in subdivision (a) of Section 30305 and in Section 30306, "ammunition" includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. "Ammunition" does not include blanks.
As used in this part, "antique cannon" means any cannon
manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade.
(a) As used in Sections 30515 and 30530, "antique firearm"
means any firearm manufactured before January 1, 1899.
(b) As used in Section 16520, Section 16650, subdivision (a) of Section 23630, paragraph (1) of subdivision (b) of Section 27505, and subdivision (a) of Section 31615, "antique firearm" has the same meaning as in Section 921(a)(16) of Title 18 of the United States Code.
(c) As used in Section 17700, "antique firearm" means either of the following:
(1) Any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898. This includes any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898.
(2) Any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) As used in Section 16520, Section 16650, subdivision (a) of Section 23630, paragraph (1) of subdivision (b) of Section 27505, and subdivision (a) of Section 31615, "antique firearm" has the same meaning as in Section 921(a)(16) of Title 18 of the United States Code.
(c) As used in Section 17700, "antique firearm" means either of the following:
(1) Any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898. This includes any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898.
(2) Any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
As used in this part, "antique rifle" means a firearm
conforming to the definition of an "antique firearm" in Section
479.11 of Title 27 of the Code of Federal Regulations.
As used in this part, "application to purchase" means either
of the following:
(a) The initial completion of the register by the purchaser, transferee, or person being loaned a firearm, as required by Section 28210.
(b) The initial completion and transmission to the Department of Justice of the record of electronic or telephonic transfer by the dealer on the purchaser, transferee, or person being loaned a firearm, as required by Section 28215.
(a) The initial completion of the register by the purchaser, transferee, or person being loaned a firearm, as required by Section 28210.
(b) The initial completion and transmission to the Department of Justice of the record of electronic or telephonic transfer by the dealer on the purchaser, transferee, or person being loaned a firearm, as required by Section 28215.
Use of the term "assault weapon" is governed by Sections
30510 and 30515.
As used in this part, "ballistic knife" means a device that
propels a knifelike blade as a projectile by means of a coil spring,
elastic material, or compressed gas. Ballistic knife does not include
any device that propels an arrow or a bolt by means of any common
bow, compound bow, crossbow, or underwater speargun.
As used in this part, "ballistics identification system"
includes, but is not limited to, any automated image analysis system
that is capable of storing firearm ballistic markings and tracing
those markings to the firearm that produced them.
As used in this part, "basic firearms safety certificate"
means a certificate issued before January 1, 2003, by the Department
of Justice pursuant to former Article 8 (commencing with Section
12800) of Chapter 6 of Title 2 of Part 4, as that article read at any
time from when it became operative on January 1, 1992, to when it
was repealed on January 1, 2003.
(a) As used in this part, "BB device" means any instrument
that expels a projectile, such as a BB or a pellet, through the force
of air pressure, gas pressure, or spring action, or any spot marker
gun.
(b) This section shall be operative on January 1, 2016.
(b) This section shall be operative on January 1, 2016.
As used in this part, "belt buckle knife" is a knife that is
made an integral part of a belt buckle and consists of a blade with
a length of at least two and one-half inches.
As used in this part, "blowgun" means a hollow tube designed
and intended to be used as a tube through which a dart is propelled
by the force of the breath of the user.
As used in this part, "blowgun ammunition" means a dart
designed and intended for use in a blowgun.
As used in Section 31360, "body armor" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the person wearing the body armor.
As used in this part, "body vest" or "body shield" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer or holder.
As used in this part, "bona fide evidence of identity" or
"bona fide evidence of majority and identity" means a document issued
by a federal, state, county, or municipal government, or subdivision
or agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
As used in this part, "boobytrap" means any concealed or
camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
(a) As used in this part, "camouflaging firearm container"
means a container that meets all of the following criteria:
(1) It is designed and intended to enclose a firearm.
(2) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container.
(3) It is not readily recognizable as containing a firearm.
(b) "Camouflaging firearm container" does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition.
(1) It is designed and intended to enclose a firearm.
(2) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container.
(3) It is not readily recognizable as containing a firearm.
(b) "Camouflaging firearm container" does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition.
As used in this part, "cane gun" means any firearm mounted
or enclosed in a stick, staff, rod, crutch, or similar device,
designed to be, or capable of being used as, an aid in walking, if
the firearm may be fired while mounted or enclosed therein.
As used in this part, "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
As used in Section 30515, "capacity to accept more than 10
rounds" means capable of accommodating more than 10 rounds. The term
does not apply to a feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds.
As used in this part, "CCW" means "carry concealed weapons."
As used in Sections 31610 to 31700, inclusive, "certified
instructor" or "DOJ Certified Instructor" means a person designated
as a handgun safety instructor by the Department of Justice pursuant
to subdivision (a) of Section 31635.
As used in this part, "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
As used in this part, "clear evidence of the person's
identity and age" means either of the following:
(a) A valid California driver's license.
(b) A valid California identification card issued by the Department of Motor Vehicles.
(a) A valid California driver's license.
(b) A valid California identification card issued by the Department of Motor Vehicles.
As used in this part, "composite knuckles" means any device
or instrument made wholly or partially of composite materials, other
than a medically prescribed prosthetic, that is not metal knuckles,
that is worn for purposes of offense or defense in or on the hand,
and that either protects the wearer's hand while striking a blow or
increases the force of impact from the blow or injury to the
individual receiving the blow.
As used in this part, "consultant-evaluator" means a
consultant or evaluator who, in the course of that person's
profession is loaned firearms from a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, for research
or evaluation, and has a current certificate of eligibility issued
pursuant to Section 26710.
Use of the term "dagger" is governed by Section 16470.
As used in Division 4 (commencing with Section 18250) of
Title 2, "deadly weapon" means any weapon, the possession or
concealed carrying of which is prohibited by any provision listed in
Section 16590.
Use of the term "dealer" is governed by Section 26700.
As used in Sections 31610 to 31700, inclusive, in Chapter 2
(commencing with Section 29030) of Division 7 of Title 4, and in
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4, "department" means the Department of Justice.
(a) As used in Sections 16510, 16520, and 16780, and in
Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
"destructive device" includes any of the following weapons:
(1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon.
(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.
(5) Any breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).
(1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon.
(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.
(5) Any breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).
As used in this part, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 21510, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
Use of the term "DOJ Certified Instructor" is governed by
Section 16370.
As used in this part, "domestic violence" means abuse
perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209 of the Family Code.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).
(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within the second degree.
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209 of the Family Code.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).
(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within the second degree.
Use of the phrase "drop safety requirement for handguns" is
governed by Section 31900.
For purposes of Chapter 7 (commencing with Section 26400) of
Division 5 of Title 4, a firearm is "encased" when that firearm is
enclosed in a case that is expressly made for the purpose of
containing a firearm and that is completely zipped, snapped, buckled,
tied, or otherwise fastened with no part of that firearm exposed.
As used in subdivision (a) of Section 16460 and Chapter 1
(commencing with Section 18710) of Division 5 of Title 2, "explosive"
means any substance, or combination of substances, the primary or
common purpose of which is detonation or rapid combustion, and which
is capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosive" includes,
but is not limited to, any explosive as defined in Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations, and any of the
following:
(a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, or commercial boosters.
(b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6 explosives as classified by the United States Department of Transportation.
(c) Nitro carbo nitrate substances (blasting agent) classified as division 1.5 explosives by the United States Department of Transportation.
(d) Any material designated as an explosive by the State Fire Marshal. The designation shall be made pursuant to the classification standards established by the United States Department of Transportation. The State Fire Marshal shall adopt regulations in accordance with the Government Code to establish procedures for the classification and designation of explosive materials or explosive devices that are not under the jurisdiction of the United States Department of Transportation pursuant to provisions of Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations that define explosives.
(e) Certain division 1.4 explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.
(f) As used in Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "explosive" does not include any destructive device, nor does it include ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols.
(a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, or commercial boosters.
(b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6 explosives as classified by the United States Department of Transportation.
(c) Nitro carbo nitrate substances (blasting agent) classified as division 1.5 explosives by the United States Department of Transportation.
(d) Any material designated as an explosive by the State Fire Marshal. The designation shall be made pursuant to the classification standards established by the United States Department of Transportation. The State Fire Marshal shall adopt regulations in accordance with the Government Code to establish procedures for the classification and designation of explosive materials or explosive devices that are not under the jurisdiction of the United States Department of Transportation pursuant to provisions of Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations that define explosives.
(e) Certain division 1.4 explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.
(f) As used in Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "explosive" does not include any destructive device, nor does it include ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols.
(a) As used in this part, "firearm" means a device, designed
to be used as a weapon, from which is expelled through a barrel, a
projectile by the force of an explosion or other form of combustion.
(b) As used in the following provisions, "firearm" includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code.
(c) As used in the following provisions, "firearm" also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27585, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(e) As used in Sections 34005 and 34010, "firearm" does not include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm" includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.
(b) As used in the following provisions, "firearm" includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code.
(c) As used in the following provisions, "firearm" also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27585, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(e) As used in Sections 34005 and 34010, "firearm" does not include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm" includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.
(a) As used in this part, the terms "firearm capable of
being concealed upon the person," "pistol," and "revolver" apply to
and include any device designed to be used as a weapon, from which is
expelled a projectile by the force of any explosion, or other form
of combustion, and that has a barrel less than 16 inches in length.
These terms also include any device that has a barrel 16 inches or
more in length which is designed to be interchanged with a barrel
less than 16 inches in length.
(b) Nothing shall prevent a device defined as a "firearm capable of being concealed upon the person," "pistol," or "revolver" from also being found to be a short-barreled rifle or a short-barreled shotgun.
(b) Nothing shall prevent a device defined as a "firearm capable of being concealed upon the person," "pistol," or "revolver" from also being found to be a short-barreled rifle or a short-barreled shotgun.
(a) As used in this part, "firearm safety certificate" means
a certificate issued by the Department of Justice pursuant to
Sections 31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
(b) This section shall become operative on January 1, 2015.
(b) This section shall become operative on January 1, 2015.
As used in this part, "firearm safety device" means a device
other than a gun safe that locks and is designed to prevent children
and unauthorized users from firing a firearm. The device may be
installed on a firearm, be incorporated into the design of the
firearm, or prevent access to the firearm.
As used in this part, "firearm transaction record" is a
record containing the same information referred to in subdivision (a)
of Section 478.124, Section 478.124a, and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations.
Use of the phrase "firing requirement for handguns" is
governed by Section 31905.
As used in this part, "flechette dart" means a dart, capable
of being fired from a firearm, that measures approximately one inch
in length, with tail fins that take up approximately five-sixteenths
of an inch of the body.
(a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Article 4 (commencing with Section 12070) of Chapter 1 of
Title 2 of Part 4, entitled "Licenses to Sell Firearms," when that
article was repealed by the Deadly Weapons Recodification Act of
2010:
(1) Section 16130.
(2) Subdivision (b) of Section 16170, to the extent that it continues former Sections 12078 and 12085, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010.
(3) Section 16230.
(4) Section 16400.
(5) Section 16450, to the extent that it continues subdivision (a) of former Section 12086, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(6) Subdivisions (b) and (d) of Section 16520, to the extent that they continue subdivision (e) of former Section 12085, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(7) Subdivision (g) of Section 16520.
(8) Section 16550.
(9) Section 16620.
(10) Section 16720.
(11) Section 16730.
(12) Section 16740, to the extent that it continues subdivision (b) of former Section 12079, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(13) Section 16800.
(14) Section 16810.
(15) Section 16960.
(16) Section 16990.
(17) Section 17110.
(18) Section 17310.
(19) Sections 26500 to 26588, inclusive.
(20) Sections 26600 to 29150, inclusive.
(21) Chapter 2 (commencing with Section 29500) of Division 8 of Title 4.
(22) Section 30105.
(23) Sections 30150 to 30165, inclusive.
(24) Sections 31705 to 31830, inclusive.
(25) Section 32315.
(26) Section 34205.
(27) Sections 34350 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in subdivision (a) may be referred to as "former Article 4 of Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010.
(1) Section 16130.
(2) Subdivision (b) of Section 16170, to the extent that it continues former Sections 12078 and 12085, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010.
(3) Section 16230.
(4) Section 16400.
(5) Section 16450, to the extent that it continues subdivision (a) of former Section 12086, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(6) Subdivisions (b) and (d) of Section 16520, to the extent that they continue subdivision (e) of former Section 12085, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(7) Subdivision (g) of Section 16520.
(8) Section 16550.
(9) Section 16620.
(10) Section 16720.
(11) Section 16730.
(12) Section 16740, to the extent that it continues subdivision (b) of former Section 12079, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(13) Section 16800.
(14) Section 16810.
(15) Section 16960.
(16) Section 16990.
(17) Section 17110.
(18) Section 17310.
(19) Sections 26500 to 26588, inclusive.
(20) Sections 26600 to 29150, inclusive.
(21) Chapter 2 (commencing with Section 29500) of Division 8 of Title 4.
(22) Section 30105.
(23) Sections 30150 to 30165, inclusive.
(24) Sections 31705 to 31830, inclusive.
(25) Section 32315.
(26) Section 34205.
(27) Sections 34350 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in subdivision (a) may be referred to as "former Article 4 of Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010.
(a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Chapter 1 (commencing with Section 12000) of Title 2 of Part
4, entitled "Firearms," when that chapter was repealed by the Deadly
Weapons Recodification Act of 2010:
(1) Sections 12001 to 12022.95, inclusive.
(2) Sections 16120 to 16140, inclusive.
(3) Subdivision (b) of Section 16170, to the extent it continues former Sections 12001, 12060, 12078, 12085, and 12088.8, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010.
(4) Subdivision (c) of Section 16170.
(5) Section 16190.
(6) Sections 16220 to 16240, inclusive.
(7) Section 16250, to the extent it continues former Section 12001, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(8) Section 16260.
(9) Sections 16320 to 16340, inclusive.
(10) Section 16360.
(11) Sections 16400 to 16410, inclusive.
(12) Section 16430.
(13) Section 16450, to the extent it continues former Sections 12060 and 12086, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010.
(14) Subdivision (b) of Section 16460.
(15) Section 16470.
(16) Section 16490.
(17) Subdivision (a) of Section 16520, to the extent it continues former Section 12001, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(18) Subdivisions (b) to (g), inclusive, of Section 16520.
(19) Sections 16530 to 16550, inclusive.
(20) Section 16570.
(21) Sections 16600 to 16640, inclusive.
(22) Section 16650, to the extent it continues former Section 12060, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(23) Section 16662, to the extent it continues former Section 12060, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(24) Sections 16670 to 16690, inclusive.
(25) Sections 16720 to 16760, inclusive.
(26) Sections 16800 and 16810.
(27) Sections 16830 to 16870, inclusive.
(28) Sections 16920 to 16960, inclusive.
(29) Sections 16990 and 17000.
(30) Sections 17020 to 17070, inclusive.
(31) Section 17090, to the extent it continues former Section 12020, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(32) Section 17110.
(33) Section 17125.
(34) Section 17160.
(35) Sections 17170 to 17200, inclusive.
(36) Sections 17270 to 17290, inclusive.
(37) Sections 17310 and 17315.
(38) Sections 17330 to 17505, inclusive.
(39) Sections 17515 to 18500, inclusive.
(40) Sections 19100 to 19290, inclusive.
(41) Sections 20200 to 21390, inclusive.
(42) Sections 21790 to 22490, inclusive.
(43) Sections 23500 to 30290, inclusive.
(44) Sections 30345 to 30365, inclusive.
(45) Sections 31500 to 31590, inclusive.
(46) Sections 31705 to 31830, inclusive.
(47) Sections 32310 to 32450, inclusive.
(48) Sections 32900 to 33320, inclusive.
(49) Sections 33600 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in subdivision (a) may be referred to as "former Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010.
(1) Sections 12001 to 12022.95, inclusive.
(2) Sections 16120 to 16140, inclusive.
(3) Subdivision (b) of Section 16170, to the extent it continues former Sections 12001, 12060, 12078, 12085, and 12088.8, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010.
(4) Subdivision (c) of Section 16170.
(5) Section 16190.
(6) Sections 16220 to 16240, inclusive.
(7) Section 16250, to the extent it continues former Section 12001, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(8) Section 16260.
(9) Sections 16320 to 16340, inclusive.
(10) Section 16360.
(11) Sections 16400 to 16410, inclusive.
(12) Section 16430.
(13) Section 16450, to the extent it continues former Sections 12060 and 12086, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010.
(14) Subdivision (b) of Section 16460.
(15) Section 16470.
(16) Section 16490.
(17) Subdivision (a) of Section 16520, to the extent it continues former Section 12001, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(18) Subdivisions (b) to (g), inclusive, of Section 16520.
(19) Sections 16530 to 16550, inclusive.
(20) Section 16570.
(21) Sections 16600 to 16640, inclusive.
(22) Section 16650, to the extent it continues former Section 12060, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(23) Section 16662, to the extent it continues former Section 12060, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(24) Sections 16670 to 16690, inclusive.
(25) Sections 16720 to 16760, inclusive.
(26) Sections 16800 and 16810.
(27) Sections 16830 to 16870, inclusive.
(28) Sections 16920 to 16960, inclusive.
(29) Sections 16990 and 17000.
(30) Sections 17020 to 17070, inclusive.
(31) Section 17090, to the extent it continues former Section 12020, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(32) Section 17110.
(33) Section 17125.
(34) Section 17160.
(35) Sections 17170 to 17200, inclusive.
(36) Sections 17270 to 17290, inclusive.
(37) Sections 17310 and 17315.
(38) Sections 17330 to 17505, inclusive.
(39) Sections 17515 to 18500, inclusive.
(40) Sections 19100 to 19290, inclusive.
(41) Sections 20200 to 21390, inclusive.
(42) Sections 21790 to 22490, inclusive.
(43) Sections 23500 to 30290, inclusive.
(44) Sections 30345 to 30365, inclusive.
(45) Sections 31500 to 31590, inclusive.
(46) Sections 31705 to 31830, inclusive.
(47) Sections 32310 to 32450, inclusive.
(48) Sections 32900 to 33320, inclusive.
(49) Sections 33600 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in subdivision (a) may be referred to as "former Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010.
(a) Except as stated in subdivision (d), the following
provisions are continuations of provisions that were included in
former Section 12078, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010:
(1) Subdivision (b) of Section 16170, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(2) Section 16720.
(3) Subdivision (a) of Section 16730, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(4) Subdivision (b) of Section 16730.
(5) Section 16990.
(6) Sections 26600 to 26615, inclusive.
(7) Sections 26950 to 27140, inclusive.
(8) Sections 27400 to 27415, inclusive.
(9) Subdivision (b) of Section 27505, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(10) Sections 27600 to 28000, inclusive.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 30150 to 30165, inclusive.
(13) Sections 31705 to 31830, inclusive.
(14) Sections 34355 to 34370, inclusive.
(b) Except as stated in subdivision (d), the provisions listed in subdivision (a) may be referred to as "former Section 12078 provisions."
(c) Except as stated in subdivision (d), the following provisions are continuations of provisions that were included in subdivision (a) of former Section 12078, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010:
(1) Sections 26600 to 26615, inclusive.
(2) Section 26950.
(3) Sections 27050 to 27065, inclusive.
(4) Sections 27400 to 27415, inclusive.
(5) Sections 27600 to 27615, inclusive.
(6) Section 27650.
(7) Sections 27850 to 27860, inclusive.
(8) Sections 28400 to 28415, inclusive.
(9) Sections 30150 to 30165, inclusive.
(10) Sections 31705 to 31735, inclusive.
(11) Sections 34355 to 34370, inclusive.
(d) Subdivisions (a) and (c) do not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010.
(1) Subdivision (b) of Section 16170, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(2) Section 16720.
(3) Subdivision (a) of Section 16730, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(4) Subdivision (b) of Section 16730.
(5) Section 16990.
(6) Sections 26600 to 26615, inclusive.
(7) Sections 26950 to 27140, inclusive.
(8) Sections 27400 to 27415, inclusive.
(9) Subdivision (b) of Section 27505, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010.
(10) Sections 27600 to 28000, inclusive.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 30150 to 30165, inclusive.
(13) Sections 31705 to 31830, inclusive.
(14) Sections 34355 to 34370, inclusive.
(b) Except as stated in subdivision (d), the provisions listed in subdivision (a) may be referred to as "former Section 12078 provisions."
(c) Except as stated in subdivision (d), the following provisions are continuations of provisions that were included in subdivision (a) of former Section 12078, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010:
(1) Sections 26600 to 26615, inclusive.
(2) Section 26950.
(3) Sections 27050 to 27065, inclusive.
(4) Sections 27400 to 27415, inclusive.
(5) Sections 27600 to 27615, inclusive.
(6) Section 27650.
(7) Sections 27850 to 27860, inclusive.
(8) Sections 28400 to 28415, inclusive.
(9) Sections 30150 to 30165, inclusive.
(10) Sections 31705 to 31735, inclusive.
(11) Sections 34355 to 34370, inclusive.
(d) Subdivisions (a) and (c) do not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010.
As used in this part, "generally prohibited weapon" means
any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, "great bodily injury" means a significant or
substantial physical injury.
As used in this part, "gun safe" means a locking container
that fully contains and secures one or more firearms, and that meets
the standards for gun safes adopted pursuant to Section 23650.
As used in this part, "Gun Show Trader" means a person
described in Section 26525.
As used in this part, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
(a) As used in this part, "handgun" means any pistol,
revolver, or firearm capable of being concealed upon the person.
(b) Nothing shall prevent a device defined as a "handgun" from also being found to be a short-barreled rifle or a short-barreled shotgun.
(b) Nothing shall prevent a device defined as a "handgun" from also being found to be a short-barreled rifle or a short-barreled shotgun.
(a) As used in this part, "handgun ammunition" means
ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
(b) As used in Section 30312 and in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique firearm.
(2) Blanks.
(b) As used in Section 30312 and in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique firearm.
(2) Blanks.
As used in this part, "handgun ammunition designed primarily
to penetrate metal or armor" means any ammunition, except a shotgun
shell or ammunition primarily designed for use in a rifle, that is
designed primarily to penetrate a body vest or body shield, and has
either of the following characteristics:
(a) Has projectile or projectile core constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper, or depleted uranium, or any equivalent material of similar density or hardness.
(b) Is primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, including, but not limited to, ammunition commonly known as "KTW ammunition," to breach or penetrate a body vest or body shield when fired from a pistol, revolver, or other firearm capable of being concealed upon the person.
(a) Has projectile or projectile core constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper, or depleted uranium, or any equivalent material of similar density or hardness.
(b) Is primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, including, but not limited to, ammunition commonly known as "KTW ammunition," to breach or penetrate a body vest or body shield when fired from a pistol, revolver, or other firearm capable of being concealed upon the person.
As used in this part, "handgun ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any handgun ammunition, or that
holds itself out as engaged in the business of selling any handgun
ammunition.
As used in this part, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Sections
31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
As used in this part, "hard wooden knuckles" means any
device or instrument made wholly or partially of wood or paper
products that is not metal knuckles, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow, or increases the force of impact
from the blow or injury to the individual receiving the blow. The
composite materials, wood, or paper products contained in the device
may help support the hand or fist, provide a shield to protect it, or
consist of projections or studs that would contact the individual
receiving a blow.
As used in Sections 25650 and 26020, Article 2 (commencing
with Section 25450) of Chapter 2 of Division 5 of Title 4, and
Article 3 (commencing with Section 25900) of Chapter 3 of Division 5
of Title 4, "honorably retired" includes any peace officer who has
qualified for, and has accepted, a service or disability retirement.
As used in those provisions, "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
(a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
(b) As used in Section 20165, "imitation firearm" does not include any of the following:
(1) A nonfiring collector's replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case.
(2) A spot marker gun which expels a projectile that is greater than 10mm caliber.
(3) A BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber.
(4) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which meets the following:
(A) If the airsoft gun is configured as a handgun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration.
(B) If the airsoft gun is configured as a rifle or long gun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band with fluorescent coloring around the circumference of any two of the following:
(i) The protruding pistol grip.
(ii) The buttstock.
(iii) A protruding ammunition magazine or clip.
(5) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents.
(c) The adhesive bands described in paragraph (4) of subdivision (b) shall be applied in a manner not intended for removal, and shall be in place on the airsoft gun prior to sale to a customer.
(d) This section shall be operative on January 1, 2016.
(b) As used in Section 20165, "imitation firearm" does not include any of the following:
(1) A nonfiring collector's replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case.
(2) A spot marker gun which expels a projectile that is greater than 10mm caliber.
(3) A BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber.
(4) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which meets the following:
(A) If the airsoft gun is configured as a handgun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration.
(B) If the airsoft gun is configured as a rifle or long gun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band with fluorescent coloring around the circumference of any two of the following:
(i) The protruding pistol grip.
(ii) The buttstock.
(iii) A protruding ammunition magazine or clip.
(5) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents.
(c) The adhesive bands described in paragraph (4) of subdivision (b) shall be applied in a manner not intended for removal, and shall be in place on the airsoft gun prior to sale to a customer.
(d) This section shall be operative on January 1, 2016.
As used in this part, "immediate family member" means either
of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
(a) Parent and child.
(b) Grandparent and grandchild.
(a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without regularity.
(b) As used in Section 27900, the term "infrequent" shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale, lease, or transfer of any number of handguns.
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without regularity.
(b) As used in Section 27900, the term "infrequent" shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale, lease, or transfer of any number of handguns.
As used in this part, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action firearm.
(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action firearm.
(a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(b) As used in Article 2 (commencing with Section 25850), Article 3 (commencing with Section 25900), and Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4, Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, and Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully acquired and lawfully owns the firearm or has the permission of the lawful owner or person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.
(b) As used in Article 2 (commencing with Section 25850), Article 3 (commencing with Section 25900), and Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4, Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, and Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully acquired and lawfully owns the firearm or has the permission of the lawful owner or person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.
As used in this part, a "leaded cane" means a staff, crutch,
stick, rod, pole, or similar device, unnaturally weighted with lead.
As used in this part, "less lethal ammunition" means any
ammunition that satisfies both of the following requirements:
(a) It is designed to be used in any less lethal weapon or any other kind of weapon (including, but not limited to, any firearm, pistol, revolver, shotgun, rifle, or spring, compressed air, or compressed gas weapon).
(b) When used in a less lethal weapon or other weapon, it is designed to immobilize, incapacitate, or stun a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort.
(a) It is designed to be used in any less lethal weapon or any other kind of weapon (including, but not limited to, any firearm, pistol, revolver, shotgun, rifle, or spring, compressed air, or compressed gas weapon).
(b) When used in a less lethal weapon or other weapon, it is designed to immobilize, incapacitate, or stun a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort.
As used in this part:
(a) "Less lethal weapon" means any device that is designed to or that has been converted to expel or propel less lethal ammunition by any action, mechanism, or process for the purpose of incapacitating, immobilizing, or stunning a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort. It is not necessary that a weapon leave any lasting or permanent incapacitation, discomfort, pain, or other injury or disability in order to qualify as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any weapon described in subdivision (a), but does not include any of the following unless the part or weapon has been converted as described in subdivision (a):
(1) Pistol, revolver, or firearm.
(2) Machinegun.
(3) Rifle or shotgun using fixed ammunition consisting of standard primer and powder and not capable of being concealed upon the person.
(4) A pistol, rifle, or shotgun that is a firearm having a barrel less than 0.18 inches in diameter and that is designed to expel a projectile by any mechanical means or by compressed air or gas.
(5) When used as designed or intended by the manufacturer, any weapon that is commonly regarded as a toy gun, and that as a toy gun is incapable of inflicting any impairment of physical condition, function, or senses.
(6) A destructive device.
(7) A tear gas weapon.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges, explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon.
(a) "Less lethal weapon" means any device that is designed to or that has been converted to expel or propel less lethal ammunition by any action, mechanism, or process for the purpose of incapacitating, immobilizing, or stunning a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort. It is not necessary that a weapon leave any lasting or permanent incapacitation, discomfort, pain, or other injury or disability in order to qualify as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any weapon described in subdivision (a), but does not include any of the following unless the part or weapon has been converted as described in subdivision (a):
(1) Pistol, revolver, or firearm.
(2) Machinegun.
(3) Rifle or shotgun using fixed ammunition consisting of standard primer and powder and not capable of being concealed upon the person.
(4) A pistol, rifle, or shotgun that is a firearm having a barrel less than 0.18 inches in diameter and that is designed to expel a projectile by any mechanical means or by compressed air or gas.
(5) When used as designed or intended by the manufacturer, any weapon that is commonly regarded as a toy gun, and that as a toy gun is incapable of inflicting any impairment of physical condition, function, or senses.
(6) A destructive device.
(7) A tear gas weapon.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges, explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon.
As used in Article 5 (commencing with Section 30900) and
Article 7 (commencing with Section 31050) of Chapter 2 of Division 10
of Title 4, "licensed gun dealer" means a person who is licensed
pursuant to Sections 26700 to 26915, inclusive, and who has a permit
to sell assault weapons or .50 BMG rifles pursuant to Section 31005.
As used in this part, "licensed gun show producer" means a
person who has been issued a certificate of eligibility by the
Department of Justice pursuant to Section 27200. No regulations shall
be required to implement this section.
As used in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4, "licensed premises," "licensee's business premises," or
"licensee's place of business" means the building designated in the
license.
(a) For purposes of the provisions listed in Section 16580,
use of the term "licensee" is governed by Section 26700.
(b) For purposes of Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, use of the term "licensee" is governed by Section 29030.
(b) For purposes of Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, use of the term "licensee" is governed by Section 29030.
Use of the term "licensee's business premises" is governed
by Section 16810.
Use of the term "licensee's place of business" is governed
by Section 16810.
As used in this part, a "lipstick case knife" means a knife
enclosed within and made an integral part of a lipstick case.
(a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
(b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive,
(1) A firearm shall be deemed to be "loaded" when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive,
(1) A firearm shall be deemed to be "loaded" when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
As used in this part, "locked container" means a secure
container that is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.
As used in Sections 16850, 25105, and 25205, "locking device"
means a device that is designed to prevent a firearm from
functioning and, when applied to the firearm, renders the firearm
inoperable.
As used in Section 26860, "long gun" means any firearm that
is not a handgun or a machinegun.
As used in this part, "long-gun safe" means a locking
container designed to fully contain and secure a rifle or shotgun,
which has a locking system consisting of either a mechanical
combination lock or an electronic combination lock that has at least
1,000 possible unique combinations consisting of a minimum of three
numbers, letters, or symbols per combination, and is not listed on
the roster maintained pursuant to Section 23655.
(a) As used in this part, "machinegun" means any weapon that
shoots, is designed to shoot, or can readily be restored to shoot,
automatically more than one shot, without manual reloading, by a
single function of the trigger.
(b) The term "machinegun" also includes the frame or receiver of any weapon described in subdivision (a), any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if those parts are in the possession or under the control of a person.
(c) The term "machinegun" also includes any weapon deemed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives as readily convertible to a machinegun under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code.
(b) The term "machinegun" also includes the frame or receiver of any weapon described in subdivision (a), any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if those parts are in the possession or under the control of a person.
(c) The term "machinegun" also includes any weapon deemed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives as readily convertible to a machinegun under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code.
As used in Section 30515, "magazine" means any ammunition
feeding device.
As used in this part, "magazine disconnect mechanism" means
a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
As used in this part, "metal knuckles" means any device or
instrument made wholly or partially of metal that is worn for
purposes of offense or defense in or on the hand and that either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
As used in this part, a "multiburst trigger activator" means
either of the following:
(a) A device designed or redesigned to be attached to a semiautomatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device.
(b) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.
(a) A device designed or redesigned to be attached to a semiautomatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device.
(b) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.
As used in this part, "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars, or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
As used in Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4, a handgun shall be deemed to be carried openly
or exposed if the handgun is not carried concealed within the
meaning of Section 25400.
As used in Article 1 (commencing with Section 26500) of
Chapter 1 of Division 6 of Title 4, "operation of law" includes, but
is not limited to, any of the following:
(a) The executor or administrator of an estate, if the estate includes a firearm.
(b) A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(i) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(a) The executor or administrator of an estate, if the estate includes a firearm.
(b) A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(i) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
As used in this part, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
(a) As used in Sections 16790, 17505, and 30600, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
(b) As used in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, except for Section 30600, "person" means an individual.
(b) As used in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, except for Section 30600, "person" means an individual.
Use of the term "person licensed pursuant to Sections 26700
to 26915, inclusive" is governed by Section 26700.
As used in any provision listed in subdivision (a) of
Section 16585, the phrase "a person taking title or possession of a
firearm by operation of law" includes, but is not limited to, any of
the following instances in which an individual receives title to, or
possession of, a firearm:
(a) The executor or administrator of an estate, if the estate includes a firearm.
(b) A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.
(h) A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(i) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(j) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code.
(a) The executor or administrator of an estate, if the estate includes a firearm.
(b) A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.
(h) A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(i) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(j) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code.
(a) As used in this part, until January 1, 2014, any
reference to the term "personal firearm importer" shall be deemed to
mean "personal handgun importer" and, on and after January 1, 2014,
any reference to the term "personal handgun importer" shall be deemed
to mean "personal firearm importer." A "personal handgun importer,"
until January 1, 2014, and commencing January 1, 2014, a "personal
firearm importer" means an individual who meets all of the following
criteria:
(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.
(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.
Use of the term "pistol" is governed by Section 16530.
For purposes of this part, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of the applicant's working hours for
purposes of that employment or business.
As used in this part, "prohibited area" means any place
where it is unlawful to discharge a weapon.
As used in Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4, "public place" has the same meaning as in
Section 25850.
As used in Section 25135, "residence" means any structure
intended or used for human habitation, including, but not limited to,
houses, condominiums, rooms, motels, hotels, time-shares, and
recreational or other vehicles where human habitation occurs.
As used in this part, "responsible adult" means a person at
least 21 years of age who is not prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
Use of the term "revolver" is governed by Section 16530.
As used in Sections 16530, 16640, 16650, 16660, 16870, and
17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision
(f) of Section 27555, Article 2 (commencing with Section 30300) of
Chapter 1 of Division 10 of Title 4, and Article 1 (commencing with
Section 33210) of Chapter 8 of Division 10 of Title 4, "rifle" means
a weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade
to use the energy of the explosive in a fixed cartridge to fire only
a single projectile through a rifled bore for each single pull of
the trigger.
As used in Section 26890, "secure facility" means a building
that meets all of the following specifications:
(a) All perimeter doorways shall meet one of the following:
(1) A windowless steel security door equipped with both a dead bolt and a doorknob lock.
(2) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
(3) A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.
(b) All windows are covered with steel bars.
(c) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
(d) Any metal grates have spaces no larger than six inches wide measured in any direction.
(e) Any metal screens have spaces no larger than three inches wide measured in any direction.
(f) All steel bars shall be no further than six inches apart.
(a) All perimeter doorways shall meet one of the following:
(1) A windowless steel security door equipped with both a dead bolt and a doorknob lock.
(2) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
(3) A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.
(b) All windows are covered with steel bars.
(c) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
(d) Any metal grates have spaces no larger than six inches wide measured in any direction.
(e) Any metal screens have spaces no larger than three inches wide measured in any direction.
(f) All steel bars shall be no further than six inches apart.
For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "secure facility" is governed
by Sections 29141 and 29142.
As used in this part, "Security Exemplar" has the same
meaning as in Section 922 of Title 18 of the United States Code.
As used in Sections 16900 and 31910, "semiautomatic pistol"
means a pistol with an operating mode that uses the energy of the
explosive in a fixed cartridge to extract a fired cartridge and
chamber a fresh cartridge with each single pull of the trigger.
As used in this part, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it, which may
be exposed by a flip of the wrist or by a mechanical action.
As used in this part, "short-barreled rifle" means any of
the following:
(a) A rifle having a barrel or barrels of less than 16 inches in length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.
(a) A rifle having a barrel or barrels of less than 16 inches in length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.
As used in this part, "short-barreled shotgun" means any of
the following:
(a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length.
(b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.
(a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length.
(b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.
As used in Sections 16530, 16640, 16870, and 17180, Sections
17720 to 17730, inclusive, Section 17740, Section 30215, and Article
1 (commencing with Section 33210) of Chapter 8 of Division 10 of
Title 4, "shotgun" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the explosive in a
fixed shotgun shell to fire through a smooth bore either a number of
projectiles (ball shot) or a single projectile for each pull of the
trigger.
As used in this part, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape, for use as a weapon for throwing.
As used in Chapter 9 (commencing with Section 33410) of
Division 10 of Title 4, "silencer" means any device or attachment of
any kind designed, used, or intended for use in silencing,
diminishing, or muffling the report of a firearm. The term "silencer"
also includes any combination of parts, designed or redesigned, and
intended for use in assembling a silencer or fabricating a silencer
and any part intended only for use in assembly or fabrication of a
silencer.
Use of the term "SKS rifle" is governed by Section 30710.
As used in this part, "stun gun" means any item, except a
less lethal weapon, used or intended to be used as either an
offensive or defensive weapon that is capable of temporarily
immobilizing a person by the infliction of an electrical charge.
As used in this part, "switchblade knife" means a knife
having the appearance of a pocketknife and includes a spring-blade
knife, snap-blade knife, gravity knife, or any other similar type
knife, the blade or blades of which are two or more inches in length
and which can be released automatically by a flick of a button,
pressure on the handle, flip of the wrist or other mechanical device,
or is released by the weight of the blade or by any type of
mechanism whatsoever. "Switchblade knife" does not include a knife
that opens with one hand utilizing thumb pressure applied solely to
the blade of the knife or a thumb stud attached to the blade,
provided that the knife has a detent or other mechanism that provides
resistance that must be overcome in opening the blade, or that
biases the blade back toward its closed position.
(a) As used in this part, "tear gas" applies to and includes
any liquid, gaseous or solid substance intended to produce temporary
physical discomfort or permanent injury through being vaporized or
otherwise dispersed in the air.
(b) Notwithstanding subdivision (a), "tear gas" does not apply to, and does not include, any substance registered as an economic poison as provided in Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code, provided that the substance is not intended to be used to produce discomfort or injury to human beings.
(b) Notwithstanding subdivision (a), "tear gas" does not apply to, and does not include, any substance registered as an economic poison as provided in Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code, provided that the substance is not intended to be used to produce discomfort or injury to human beings.
As used in this part, "tear gas weapon" applies to and
includes:
(a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas.
(b) Any revolver, pistol, fountain pen gun, billy, or other form of device, portable or fixed, intended for the projection or release of tear gas, except those regularly manufactured and sold for use with firearm ammunition.
(a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas.
(b) Any revolver, pistol, fountain pen gun, billy, or other form of device, portable or fixed, intended for the projection or release of tear gas, except those regularly manufactured and sold for use with firearm ammunition.
As used in this part, an "unconventional pistol" means a
firearm with both of the following characteristics:
(a) It does not have a rifled bore.
(b) It has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches.
(a) It does not have a rifled bore.
(b) It has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches.
As used in this part, "undetectable firearm" means any
weapon that meets either of the following requirements:
(a) After removal of grips, stocks, and magazines, the weapon is not as detectable as the Security Exemplar, by a walk-through metal detector calibrated and operated to detect the Security Exemplar.
(b) Any major component of the weapon, as defined in Section 922 of Title 18 of the United States Code, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component.
(a) After removal of grips, stocks, and magazines, the weapon is not as detectable as the Security Exemplar, by a walk-through metal detector calibrated and operated to detect the Security Exemplar.
(b) Any major component of the weapon, as defined in Section 922 of Title 18 of the United States Code, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component.
As used in this part, "undetectable knife" means any knife
or other instrument, with or without a handguard, that satisfies all
of the following requirements:
(a) It is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.
(b) It is commercially manufactured to be used as a weapon.
(c) It is not detectable by a metal detector or magnetometer, either handheld or otherwise, which is set at standard calibration.
(a) It is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.
(b) It is commercially manufactured to be used as a weapon.
(c) It is not detectable by a metal detector or magnetometer, either handheld or otherwise, which is set at standard calibration.
(a) For purposes of Chapter 6 (commencing with Section
26350) of Division 5 of Title 4, a handgun shall be deemed "unloaded"
if it is not "loaded" within the meaning of subdivision (b) of
Section 16840.
(b) For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm that is not a handgun shall be deemed "unloaded" if it is not "loaded" within the meaning of subdivision (b) of Section 16840.
(b) For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm that is not a handgun shall be deemed "unloaded" if it is not "loaded" within the meaning of subdivision (b) of Section 16840.
Use of the phrase "unsafe handgun" is governed by Section
31910.
As used in this part, "used firearm" means a firearm that
has been sold previously at retail and is more than three years old.
As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means a handgun
ammunition vendor.
For purposes of Section 31360 only, "violent felony" refers
to the specific crimes listed in subdivision (c) of Section 667.5,
and to crimes defined under the applicable laws of the United States
or any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
As used in this part, "wallet gun" means any firearm mounted
or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
(a) As used in this part, "wholesaler" means any person who
is licensed as a dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, who sells, transfers, or assigns
firearms, or parts of firearms, to persons who are licensed as
manufacturers, importers, or gunsmiths pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
or persons licensed pursuant to Sections 26700 to 26915, inclusive,
and includes persons who receive finished parts of firearms and
assemble them into completed or partially completed firearms in
furtherance of that purpose.
(b) "Wholesaler" shall not include a manufacturer, importer, or gunsmith who is licensed to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code or a person licensed pursuant to Sections 26700 to 26915, inclusive, and the regulations issued pursuant thereto. A wholesaler also does not include a person dealing exclusively in grips, stocks, and other parts of firearms that are not frames or receivers thereof.
(b) "Wholesaler" shall not include a manufacturer, importer, or gunsmith who is licensed to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code or a person licensed pursuant to Sections 26700 to 26915, inclusive, and the regulations issued pursuant thereto. A wholesaler also does not include a person dealing exclusively in grips, stocks, and other parts of firearms that are not frames or receivers thereof.
As used in this part, "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
As used in this part, "zip gun" means any weapon or device
that meets all of the following criteria:
(a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.
(d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion.
(a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.
(d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion.
