Section 29850 Of Article 2. Exemption Or Petition For Relief From California Penal Code >> Division 9. >> Title 4. >> Part 6. >> Chapter 2. >> Article 2.
29850
. (a) A violation of Section 29800, 29805, 29815, or 29820 is
justifiable where all of the following conditions are met:
(1) The person found the firearm or took the firearm from a person
who was committing a crime against the person who found or took the
firearm.
(2) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law or to a licensed firearms
dealer for transfer or for storage pursuant to Section 29830.
(3) If the firearm was transported to a law enforcement agency or
to a licensed firearms dealer, it was transported in accordance with
subdivision (b) of Section 25570.
(4) If the firearm is being transported to a law enforcement
agency or to a licensed firearms dealer, the person transporting the
firearm has given prior notice to the law enforcement agency or to
the licensed firearms dealer that the person is transporting the
firearm to the law enforcement agency or the licensed firearms dealer
for disposition according to law.
(b) Upon the trial for violating Section 29800, 29805, 29815, or
29820, the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
section.
(c) The defendant has the burden of proving by a preponderance of
the evidence that the defendant comes within the provisions of the
exemption created by this section.