1994 Amendments to California's Gun Laws
FYI AMENDED WEAPONS LAWS EFFECTIVE JANUARY 1, 1994
The following is a summarization ONLY of changes/amendments
to several sections of the California Penal Code (PC). For
more detailed language, you may contact the Legislative Bill
Room Annex at (916) 445-2645 to obtain copies of these bills
(order by statute year and chapter number). For those of you
that would like a copy of the 1994 CALIFORNIA FIREARMS LAWS
Pamphlet, leave me a message here and I can either get you
one, or I can give you the correct mailing address in
Sacramento to order one. They are $2.00 each.
AB 166 (Stats. 1993, ch. 606) (HAUSER, AREIAS, PEACE)
PC 12002(h) revises the definition of "wholesaler"
by excluding individuals who deal exclusively in
grips, stocks, and other parts of firearms that
are not frames or receivers.
PC 12026.2(a) (13),(14), and (15) expand the
exemptions on carrying a concealed firearm
to include going directly to or from a gun
show for the purpose of transferring an
unloaded firearm; transporting an unloaded
firearm for the purpose of transferring or taking
possession of a firearm by operation of law; delivery
of unloaded firearms intended as merchandise between
dealers; delivery of unloaded firearms by dealers
to persons who reside out-of-state; and return of
unloaded firearms to wholesalers intended as merchandise.
PC 12070 (B) (16) provides an exemption to dealer licensing
requirements for the delivery, sale, or transfer of unloaded
firearms by one wholesaler to another if the firearms are
intended as merchandise.
PC 12073 (b) (6) exempts dealers from Dealer's Record of Sale
(DROS) requirements and the waiting period when transferring
a long gun to himself or herself.
PC 12076 (g) (2) provides that in a single transaction on the
same date for the sale of any number of handguns, the Department
of Justice shall charge a reduced fee for the second and
PC 12078 (n) (1) (A), (B) and PC 12078 (n) (2) (A) exempt dealers
from the waiting period when taking possession of a handgun from
another dealer if the firearm is not intended as merchandise and
the receiving dealer presents proof of being licensed pursuant to
12071 PC, or when a dealer transfers a handgun to himself or herself
and the firearm is not intended as merchandise.
PC 12078 (o) exempts agencies authorized to receive machineguns,
assault weapons, and firearms regulated pursuant to 12020 PC from
DROS and waiting period requirements.
PC 12809 (d) (C) deletes the requirement for dealers who are
certified Basic Firearm Safety Instructors to provide a purchaser
or transferee of a handgun with instructions on how to operate
the firearm at the time of delivery.
AB 581 (Stats. 1993, ch. 628) (SPEIER)
PC 12403.7 (a) (7) requires holders of existing tear gas instruction
cards issued prior to March 1, 1994, to additionally obtain
oleoresin capsicum certification to purchase, possess, or use a
tear gas weapon containing oleoresin capsicum which has been
certified by the Department of Justice for such use. Allows an
individual to obtain a tear gas instruction card by either
1) completing a course in tear gas instruction
certified by the Department;
2) completing an objective test prescribed by
the Department; or
3) completing point-of-sale instruction, as specified.
PC 12403.7 (a) (8) provides that anyone who uses, purchases, or
possesses tear gas for the purpose of self-defense that has not
been certified for such use by the Department of Justice is
guilty of a misdemeanor. Any person who has not obtained a tear
gas instruction card and uses, purchases, or possesses any tear
gas for self-defense which has been certified for such use by
the Department is guilty of an infraction.
PC 12403.8 (a) allows a minor who is at least 16 years of age to
purchase, possess, and use tear gas weapons provided the minor has
written consent of his or her parent and the minor signs an affidavit
that he or she intends to use the tear gas solely for self-defense
AB 685 (Stats. 1993, ch.612) (MURRAY)
PC 12021© (1) adds PC 240, 242 (definitions of assault and
battery respectively), 273.5 (corporal injury to a spouse or
significant other), 273.6 (willful violation of a domestic
protective order), and 646.0 (stalking) to the list of
10-year misdemeanor firearm prohibitions.
PC 12021 © (3) allows anyone to petition the court only once
for relief from the firearm prohibition imposed by the offenses
listed in PC 12021 © (1), providing the conviction was prior
to January 1, 1991.
PC 12021.1 (b) adds the offenses of carjacking and two convictions
for brandishing a firearm in the presence of another (not a peace
officer) to the list of life-time prohibitions.
SB 180 (Stats. 1993, ch. 1139) (HUGHES)
PC 12071 (b)(1)(B) allows dealers licensed pursuant to this section
to initiate the sale of firearms (including pistols and revolvers)
at gun shows or events, provided the dealer complies with all
other applicable local laws, regulations, fees, and the 15-day
PC 12071 (b) (2) (B) requires a purchaser or transferee to present
clear evidence of identity and age to the dealer before taking
delivery of a firearm, deleting the provision that the purchaser
or transferee may be personally known to the dealer in lieu of
PC 12071 (b) (8) revises the date the Firearm Safety Certificate
will be required from October 1, 1993 to April 1, 1994.
PC 12071 (b) (13) requires dealers to report any loss or theft
of any firearm that is merchandise, or in the dealers possession
pursuant to PC Section 12082, to the appropriate law enforcement
agency within 48 hours of discovering the loss or theft.
PC 12071 (b) (14) requires dealers in counties with a population
of 200,000 persons or more, to store all firearms kept in their
place of business, as specified, any time the dealer is not open
PC 12071 (b) (15) allows the licensing authority in counties with
a population less than 200,000 persons to impose the requirements
specified in PC 12071 (b) (14).
PC 12071 (b) (17) requires dealers to submit a copy of their local
license to the Department of Justice upon issuance or renewal.
PC 12071 (e) requires the Department of Justice to keep a
centralized list of all persons licensed pursuant to 12071 (a)
PC for law enforcement purposes and to validate the status of
dealers for manufacturers, importers, and wholesalers for the purpose
of transferring firearms.
PC 12285 © (6) allows possession of assault weapons on publicly
owned land if the possession and use of assault weapons are
specifically permitted by the managing agency of the land.