Section 23635 Of Division 2. Firearm Safety Devices, Gun Safes, And Related Warnings From California Penal Code >> Division 2. >> Title 4. >> Part 6.
23635
. (a) Any firearm sold or transferred in this state by a
licensed firearms dealer, including a private transfer through a
dealer, and any firearm manufactured in this state, shall include or
be accompanied by a firearm safety device that is listed on the
Department of Justice's roster of approved firearm safety devices and
that is identified as appropriate for that firearm by reference to
either the manufacturer and model of the firearm, or to the physical
characteristics of the firearm that match those listed on the roster
for use with the device.
(b) The sale or transfer of a firearm shall be exempt from
subdivision (a) if both of the following apply:
(1) The purchaser or transferee owns a gun safe that meets the
standards set forth in Section 23650. Gun safes shall not be required
to be tested, and therefore may meet the standards without appearing
on the Department of Justice roster.
(2) The purchaser or transferee presents an original receipt for
purchase of the gun safe, or other proof of purchase or ownership of
the gun safe as authorized by the Attorney General, to the firearms
dealer. The dealer shall maintain a copy of this receipt or proof of
purchase with the dealer's record of sales of firearms.
(c) The sale or transfer of a firearm shall be exempt from
subdivision (a) if all of the following apply:
(1) The purchaser or transferee purchases an approved safety
device no more than 30 days prior to the day the purchaser or
transferee takes possession of the firearm.
(2) The purchaser or transferee presents the approved safety
device to the firearms dealer when picking up the firearm.
(3) The purchaser or transferee presents an original receipt to
the firearms dealer, which shows the date of purchase, the name, and
the model number of the safety device.
(4) The firearms dealer verifies that the requirements in
paragraphs (1) to (3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with
the dealer's record of sales of firearms.
(d) (1) Any long-gun safe commercially sold or transferred in this
state, or manufactured in this state for sale in this state, that
does not meet the standards for gun safes adopted pursuant to Section
23650 shall be accompanied by the following warning:
"WARNING: This gun safe does not meet the safety standards for gun
safes specified in California Penal Code Section 23650. It does not
satisfy the requirements of Penal Code Section 23635, which mandates
that all firearms sold in California be accompanied by a firearm
safety device or proof of ownership, as required by law, of a gun
safe that meets the Section 23650 minimum safety standards developed
by the California Attorney General."
(2) This warning shall be conspicuously displayed in its entirety
on the principal display panel of the gun safe's package, on any
descriptive materials that accompany the gun safe, and on a label
affixed to the front of the gun safe.
(3) This warning shall be displayed in both English and Spanish,
in conspicuous and legible type in contrast by typography, layout, or
color with other printed matter on the package or descriptive
materials, in a manner consistent with Part 1500.121 of Title 16 of
the Code of Federal Regulations, or successor regulations thereto.
(e) Any firearm sold or transferred in this state by a licensed
firearms dealer, including a private transfer through a dealer, and
any firearm manufactured in this state, shall be accompanied by
warning language or a label as described in Section 23640.