Section 33850 Of Chapter 2. Return Or Transfer Of Firearm In Custody Or Control Of Court Or Law Enforcement Agency From California Penal Code >> Division 11. >> Title 4. >> Part 6. >> Chapter 2.
33850
. (a) Any person who claims title to any firearm that is in
the custody or control of a court or law enforcement agency and who
wishes to have the firearm returned shall make application for a
determination by the Department of Justice as to whether the
applicant is eligible to possess a firearm. The application shall
include the following:
(1) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
(2) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, the application shall also
include the applicant's country of citizenship and the applicant's
alien registration or I-94 number.
(3) If the firearm is a handgun, and commencing January 1, 2014,
any firearm, the firearm's make, model, caliber, barrel length,
handgun type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4) For residents of California, the applicant's valid California
driver's license number or valid California identification card
number issued by the Department of Motor Vehicles. For nonresidents
of California, a copy of the applicant's military identification with
orders indicating that the individual is stationed in California, or
a copy of the applicant's valid driver's license from the applicant'
s state of residence, or a copy of the applicant's state
identification card from the applicant's state of residence. Copies
of the documents provided by non-California residents shall be
notarized.
(5) The name of the court or law enforcement agency holding the
firearm.
(6) The signature of the applicant and the date of signature.
(7) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4), shall
be guilty of a misdemeanor.
(b) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain possession
of the firearm, and the firearm is an otherwise legal firearm, and
the person otherwise has right to title of the firearm, shall be
entitled to sell or transfer title of the firearm to a licensed
dealer.
(c) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4) of
subdivision (a), is punishable as a misdemeanor.