Article 2. Exceptions Relating To Law Enforcement of California Penal Code >> Division 6. >> Title 4. >> Part 6. >> Chapter 1. >> Article 2.
(a) Section 26500 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
Section 26500 does not apply to the loan of a firearm if all
of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
(b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
(a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
Section 26500 does not apply to the delivery of a firearm by
a law enforcement agency to a dealer in order for that dealer to
deliver the firearm to the spouse or domestic partner of a peace
officer who died in the line of duty if the sale of that firearm to
the spouse or domestic partner is made in accordance with subdivision
(d) of Section 10334 of the Public Contract Code.
(a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring peace
officer who is authorized to carry a firearm pursuant to Chapter 5
(commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
Section 26500 does not apply to the sale, delivery, or
transfer of a firearm when made by an authorized law enforcement
representative of a city, county, city and county, or of the state or
federal government, if all of the following requirements are met:
(a) The sale, delivery, or transfer is made to one of the
following:
(1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
(2) A wholesaler.
(3) A manufacturer or importer of firearms or ammunition licensed
to engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or 34005.
(c) If the authorized law enforcement representative sells,
delivers, or transfers a firearm that the governmental agency owns to
a person licensed pursuant to Sections 26700 to 26915, inclusive,
within 10 days of the date that the firearm is delivered to that
licensee pursuant to this section by that agency, the agency has
entered a record of the delivery into the Automated Firearms System
(AFS) via the California Law Enforcement Telecommunications System
(CLETS). Any agency without access to the AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.