Article 4. Exceptions To Restrictions On Delivery Of A Firearm of California Penal Code >> Division 6. >> Title 4. >> Part 6. >> Chapter 4. >> Article 4.
Section 27540 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
Section 27540 does not apply to the delivery of a firearm to
a gunsmith for service or repair, or to the return of the firearm to
its owner by the gunsmith, or to the delivery of a firearm by a
gunsmith to a person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code for service or
repair and the return of the firearm to the gunsmith.
Section 27540 does not apply to the sale, delivery, or
transfer of unloaded firearms by a dealer to a person who resides
outside this state and is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
Section 27540 does not apply to the sale, delivery, or
transfer of unloaded firearms to a wholesaler if the firearms are
being returned to the wholesaler and are intended as merchandise in
the wholesaler's business.
Section 27540 does not apply to the sale, delivery, or
transfer of firearms if all of the following conditions are
satisfied:
(a) The firearms are unloaded.
(b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
(c) The firearms are intended as merchandise in the receiving
dealer's business.
Until January 1, 2014, Section 27540 does not apply to the
sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
Section 27540 does not apply to the loan of an unloaded
firearm by a dealer who also operates a target facility that holds a
business or regulatory license on the premises of the building
designated in the license or whose building designated in the license
is on the premises of any club or organization organized for the
purposes of practicing shooting at targets upon established ranges,
whether public or private, to a person at that target facility or
that club or organization, if the firearm is at all times kept within
the premises of the target range or on the premises of the club or
organization.
Section 27540 does not apply to the sale, delivery, or
transfer of a firearm regulated pursuant to any of the following
statutes, if the sale, delivery, or transfer of that firearm is
conducted in accordance with the applicable provisions of the
statute:
(a) Chapter 1 (commencing with Section 18710) of Division 5 of
Title 2, relating to destructive devices and explosives.
(b) Section 24410, relating to cane guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to cane guns.
(c) Section 24510, relating to firearms that are not immediately
recognizable as firearms, and the exemptions in Chapter 1 (commencing
with Section 17700) of Title 2, as they relate to firearms that are
not immediately recognizable as firearms.
(d) Sections 24610 and 24680, relating to undetectable firearms,
and the exemptions in Chapter 1 (commencing with Section 17700) of
Title 2, as they relate to undetectable firearms.
(e) Section 24710, relating to wallet guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to wallet guns.
(f) Chapter 2 (commencing with Section 30500) of Division 10,
relating to assault weapons.
(g) Section 31500, relating to unconventional pistols, and the
exemptions in Chapter 1 (commencing with Section 17700) of Title 2,
as they relate to unconventional pistols.
(h) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns, and the exemptions in Chapter 1
(commencing with Section 17700) of Title 2, as they relate to
short-barreled rifles and short-barreled shotguns.
(i) Chapter 6 (commencing with Section 32610) of Division 10,
relating to machineguns.
(j) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Title 2, as they relate
to zip guns.
(a) Section 27540 does not apply to the loan of a firearm if
all of the following conditions are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a dealer.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
(a) Section 27540 does not apply to the loan of an unloaded
firearm to a consultant-evaluator by a person licensed pursuant to
Sections 26700 to 26915, inclusive, if the loan does not exceed 45
days from the date of delivery.
(b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
(1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
(2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
(3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
(4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.