California Firearms Laws

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CALIFORNIA FIREARMS LAWS 1991



Department Of Justice





Daniel E. Lundgren

Attorney General



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PREFACE TO THE ELECTRONIC EDITION



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This pamphlet provides a general reference to provisions of

California law governing possession and use of firearms. These

guidelines, together with simple common sense and adequate

training in firearm use, can help reduce needless deaths and

injuries and prevent unintended violations of the law.



DANIEL E. LUNGREN

Attorney General



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CALIFORNIA FIREARMS LAWS 1991

TABLE OF CONTENTS



SECTION                                                           PAGE



INTRODUCTION                                                         1



DEFINITIONS

Firearms                                                        1

Handguns                                                        1



1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES

Short-Barreled Shotguns and Rifles, Camouflaging Firearm

Containers, Cane and Wallet Guns, Plastic Firearms,

Flechette Darts, Zip Guns, Unconventional Pistols,

Multiburst Trigger Activators, Explosive Bullets             1

Exceptions                                                      3    

Machine Guns                                                    3

Assault Weapons                                                 3

Armor-Piercing Bullets                                          5

Larger Caliber Weapons and Tracer Ammunition                    5

Firearm Silencers                                               5

Sniperscopes                                                    6

Boobytraps                                                      6



2. PERSONS ELIGIBLE TO POSSESS HANDGUNS AND FIREARMS

Handguns and Firearms in the Home or Business                   6

Licenses to Carry Concealed Weapons                             6



3. PERSONS INELIGIBLE TO POSSESS FIREARMS

Persons Convicted of Felonies or Other Specified Crimes         7

Persons Convicted of Misdemeanor Violations of Specified

Offenses                                                     8

Persons Prohibited from Possession, Purchase of Firearms as

a Condition of Probation                                     9

Persons Subject to Juvenile Court Law                           9

Mental Patients, Mentally Disordered Sex Offenders, Persons

Adjudicated a Danger to Others, Persons Incompetent to

Stand Trial, Gravely Disabled Conservatees and Persons

Taken into Custody as a Danger to Self or Others Because

of a Mental Disorder                                         10

Persons Subject to a Restraining Order                          10

Minors                                                          10



4. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY

Use of a Firearm or Other Deadly Force in Defense of Life

and Body                                                     11

Self-Defense Against Assault                                    11

Protecting One's Home                                           11

Defense of Property                                             12

Limitations on the Use of Force in Self-Defense                 12



5. CARRYING A CONCEALED WEAPON

Carrying a Concealed Handgun on One's Person or in a Vehicle

Without a License                                            12

Exceptions                                                      13

Carrying a Loaded Firearm in a Public Place                     14

Exceptions                                                      14



6. FIREARMS AND PICKETING ACTIVITY

General Exceptions Are Not Applicable                           15



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7. FLAREGUNS

Lawful Possession of a Flaregun                                 16

Unlawful Possession of a Flaregun                               16



8. SELLING AND TRANSPORTING FIREARMS AND AMMUNITION

Sale or Transfer of Firearms                                    16

Sale or Transfer of Firearms to Mental Patients                 17

Sale or Transfer of Firearms or Related Devices to Minors       17

Sale, Manufacture, Possession or Transport of Machine Guns      17

Possession, Transport, Sale and Manufacture of Assault

Weapons                                                      17

Use of United States Postal Service, Private Parcel Delivery

or Common Carrier                                            18



9. FORFEITURES OF FIREARMS

Forfeiture for Violation of the Penal Code                      18

Forfeiture for Violation of the Fish and Game Code              18



10. OTHER PROHIBITED ACTS

Obliteration or Alteration of Firearm Identification            18

Firearms on School Grounds                                      18

Exceptions                                                      18

Discharge of Firearms at Inhabited/Occupied Dwellings,

Buildings, Vehicles, Aircraft                                19

Discharge of Firearms at Unoccupied/Uninhabited Aircraft,

Unoccupied Motor Vehicles, Buildings, Dwellings              19

Discharge of a Firearm from a Motor Vehicle                     19

Threatening Acts with Firearms on Public Streets or Highways    19

Threatening Acts with Replica Firearms                          20

Forfeiture of Vehicles Used in Offenses Involving the

Discharge or Brandishing of a Firearms                       20

Sell or Distribute Imitation Firearms                           20

Advertising of Prohibited Weapons                               20



11. FIREARM SAFETY INSTRUCTION

Certificate of Completion for Hunting Licenses                  20

Handgun Safety Training                                         21

Firearms Safety and Training Courses Provided by Firearm

Clubs or Associations                                        22



12. APPENDIX 1, SUMMARY OF MAJOR FIREARMS BILLS EFFECTIVE

JANUARY 1, 1991                                               23



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CALIFORNIA FIREARMS LAWS 1991



CALIFORNIA FIREARMS LAWS



INTRODUCTION

This pamphlet contains a general summary of California laws

that govern common possession and use of firearms. It is not

designed to provide individual guidance for specific situations,

nor does it attempt to summarize federal law. The legality of any

specific act of possession or use will ultimately be determined

by applicable federal and state statutory and case law. Persons

having specific questions are encouraged to seek direct legal

advice from a lawyer or to consult their local law enforcement

agency or law library.



The California Department of Justice and all other public

entities are immune from any liability arising from the drafting,

publication, or dissemination of this pamphlet, or any reliance

upon it. (Penal Code, 12080.)



DEFINITIONS



\\Firearms\\

The term \firearm\ includes rifles, shotguns, revolvers,

pistols or any other device designed to be used as a weapon from

which a projectile is expelled by the force of any explosion or

other form of combustion. The term \firearm\ excludes unloaded

antique firearms and curios and relics as defined in federal law

from licensing requirements and the age, waiting period and sales

between private party provisions of Sections 12070,12071, and

12072 (b) © and (d) of the Penal Code respectively. (Penal

Code, 12001.) The term \firearm\ also includes, only for the

purposes of dealer licensing and reports of sales, BB and pellet

guns and spot marker guns used in war games. (Penal Code,

12001.1.)



\\Handguns\\



For purposes of this pamphlet, a \handgun\ is any pistol,

revolver, or other firearm that has a barrel length of less than

16 inches and that can be concealed upon the person. (Penal Code,

12001.)



BB, pellet, and spot marker guns are not considered conceal-

able for any purpose. (Penal Code, 12001.1.)



1. PROHIBITED FIREARMS, AMMUNITION, AND RELATED DEVICES



\\Short-Barreled Shotguns and Rifles, Camouflaging Firearm Con-

tainers, Cane and Wallet Guns, Plastic Firearms, Flechette Darts,

Zip Guns, Unconventional Pistols, Multiburst Trigger Activators,

Explosive Bullets\\



It is unlawful for any person to own, possess, manufacture,

import, sell, or offer to sell any short-barreled shotgun or

short-barreled rifle, any firearm that is not immediately recog-

nizable as a firearm, any camouflaging firearm container, any

cane or wallet gun, any plastic firearm, any ammunition that

contains or consists of a flechette dart, any zip gun, any uncon-

ventional pistol, any multiburst trigger activator effective

January 1, 1992, or any bullet that contains or carries an explo-

sive agent. (Penal Code,  12001.5, 1 2020(a).)



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CALIFORNIA FIREARMS LAWS 1991 - Page 2



\A short-barreled shotgun\ means a firearm designed or rede-

signed to fire a fixed shotgun shell that has a barrel or barrels

of less than 18 inches in length or an overall length of less

than 26 inches; any weapon made from a shotgun which meets the

barrel length and overall length criteria; any device which may

be restored to fire a fixed shotgun shell which meets the barrel

length and overall length criteria; or any part or combination of

parts designed and intended to convert a device into a short-

barreled shotgun or which would permit an individual to readily

assemble a short-barreled shotgun. (Penal Code, 1 2020© (1).)



\A short-barreled rifle\ means a rifle having a barrel

length of less than 16 inches and an overall length of less than

26 inches; any weapon made from a rifle which meets the barrel

length and overall length criteria; any device which may be

restored to fire a fixed cartridge which meets the barrel length

and overall length criteria; or any part or combination of parts

designed and intended to convert a device into a short-barreled

rifle or which would permit an individual to readily assemble a

short-barreled rifle. (Penal Code,  1 2020©(2).)



\A camouflaging firearm container\ means a container de-

signed to enclose a firearm, which allows the firing of the

enclosed firearm by external controls while enclosed in the

container and which makes the firearm unrecognizable. The term

excludes any camouflage gear used in hunting. (Penal Code,

12020©(9).)



\A cane gun\ means any firearm mounted or enclosed in a

stick, staff, rod, crutch, or similar device designed to be, or

capable of being, used as an aid in walking, if such firearm may   

be fired while mounted or enclosed therein. (Penal Code, 

12020©(5).)



\A wallet gun\ means any firearm mounted or enclosed in a

case resembling a wallet, designed to be or capable of being

carried in a pocket or purse, if such firearm may be fired while

mounted or enclosed in such case. (Penal Code,  12020©(4).)



\A plastic firearm\ means any weapon, after grips, stocks

and magazines are removed, which is less detectable than the

security test devices which are used to calibrate and set walk-

through metal detectors; or a weapon which has a major component

made of barium sulfate or other compounds which do not generate

an image accurately depicting the component on the x-ray machines

commonly used at airports. (Penal Code,  1 2020© (22) .)



\A flechette dart\ means a dart one inch in length that is

capable of being fired from a firearm and that has tail fins that

take up five-sixteenths of an inch of the body. (Penal Code, 

12020©(6).)



\A zip gun\ means a firearm made or altered to expel a

projectile by the force of an explosion or other form of combus-

tion which has a barrel or barrels less than 18 inches in length

or an overall length of less than 26 inches and which was not

imported by a person licensed pursuant to federal law, not de-

signed as a firearm by a manufacturer licensed pursuant to feder-

al law and on which no federal tax was paid nor exemption from

federal tax granted. (Penal Code, 12020©(10).)



An \unconventional pistol\ means a smooth bore pistol or

revolver having a barrel less than 18 inches in length and an

overall length of less than 26 inches. (Penal Code, 1 2020©

(12) .)



\A multiburst trigger activator\ means a device designed or

redesigned to be attached to a semiautomatic firearm, which

allows the firearm to discharge two or more shots in a burst by

activating the device. (Penal Code,  1 2020© (23).)



The term \bullet containing\ or \carrying an explosive

agent\ does not include tracer ammunition manufactured for use in

shotguns. (Penal Code, 12020(b)(6).)



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CALIFORNIA FIREARMS LAWS 1991 - Page 3



\\Exceptions\\



The general prohibition in this section does not include

antique firearms. An \antique firearm\ is defined as any firearm

that was manufactured in or before 1898 (including any matchlock,

flintlock, percussion cap, or similar type of ignition system or

replica thereof, regardless of the date of manufacture not de- 

signed or redesigned for using rimfire or centerfire ammunition).

Firearms manufactured in or before 1898 that use fixed ammunition

and for which ammunition is no longer manufactured in the United

States and is not readily available in the ordinary channels of

commercial trade are also considered antiques. (Penal Code,

12020(b)(5).)



This general prohibition also does not include any firearm

or ammunition that is a "curio" or "relic" as defined in section

178.11 of title 27 of the Code of Federal Regulations and that is

in the possession of a person permitted to possess such items

pursuant to chapter 44 (commencing with section 921) of title 18

of the United States Code and the regulations issued pursuant

thereto. (Penal Code, 12020(b)(7).)



Law enforcement agencies and military forces may purchase

and possess short-barreled shotguns and short-barreled rifles and

the Department of Justice may authorize their manufacture, pos-

session, transportation and sale by permit. (Penal Code,

12020(b)(1),



\\Machine Guns\\



It is unlawful for any person to sell, offer for sale,

possess, or knowingly transport any machine gun. (Penal Code,

12220.)



The term \machine gun\ means any weapon that shoots or is

designed to shoot more than one shot automatically (without

manual reloading) by a single function of the trigger. The term

also includes any frame or receiver of a machine gun and any part

or combination of parts designed and intended for use in convert-

ing an otherwise legal weapon into a machine gun. The term also

includes any weapon deemed by the Federal Bureau of Alcohol,

Tobacco, and Firearms as readily convertible to a machine gun

under chapter 53 (commencing with Section 5801) of Title 26 of

the United States Code. (Penal Code, 1 2200.)



These prohibitions do not apply to persons having a permit

or license issued by the California Department of Justice to

possess, transport, or sell machine guns (Penal Code, 12230,

12231, 12233, 12250) or to federal or state militia or law en-

forcement officers acting within the scope of their duties.

(Penal Code,  12201.)



\\Assault Weapons\\



It is a felony for any person to manufacture, distribute,

transport, import into California, keep, offer or expose for

sale, give or lend an assault weapon. (Penal Code,  12280).

"Assault weapon" means firearms known by the following trade

names:

(a) Rifles:

(1) Avtomat Kalashnikovs (AK) series.

(2) UZI and Galil.   

(3) Beretta AR-70 (SC-70).

(4) CETME G3

(5) Colt AR-15 series and CAR-15 series

(6) Deawoo K-1, K-2, Max 1, and Max 2.



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CALIFORNIA FIREARMS LAWS 1991 - Page 4



(7) Fabrique Nationale FN/FAL, FN/LAR,and FNC.

(8) FAMAS MAS223.

(9) Heckler & Koch HK-91, H-93, KH-94, and PSG-1.

(10) MAC 10 and MAC 11.

(11) SKS with detachable magazine.

(12) SIG AMT, SIG 500 series, and SIG PE-57.

(13) Springfield Armory BM59 and SAR-48.

(14) Sterling MK-6 and SAR.

(15) Steyr AUG.

(16) Valmet M62, M71S, and M78.

(17) Armalite AR-180 Carbine.

(18) Bushmaster Assault Rifle (armgun).

(19) Calico M-900 Assault Carbine.

(20) Mandall THE TAC-1 Carbine.

(21) Plainfield Machine Company Carbine

(22) PJK M-68 Carbine.

(23) Weaver Arm Nighthawk.

(b) Pistols:

(1) UZI.

(2) Encom MP-9 and MP-45.

(3) MAC 10 and MAC 11.

(4) INTRATEC TEC-9.

(5) Mitchell Arms Spectre Auto.

(6) Sterling MK-7.

(7) Calico M-900.

© Shotguns:

(1) Franchi SPAS 12 and LAW 12.

(2) Gilbert Equipment Company Striker 12 and SWD Street Sweeper.

(3) Encom CM-55.

(d) Any firearm declared by a court pursuant to Section

12276.5 to be an assault weapon. (Penal Code, 12276.)



Persons who owned an assault weapon prior to June 1, 1 989,

and register the weapon by January 1, 1991, with the Department

of Justice and persons who obtain a permit from the Department of

Justice are allowed possession and transportation under limited

conditions. (Penal Code,  12280, 12286.)



Any person possessing an assault weapon which has not been

registered with the Department of Justice or who has not obtained

a permit pursuant to Section 12285 may be found guilty of a

public offense punishable by a prison or jail sentence.



Persons who obtain title to a registered assault weapon

through inheritance or who move into California in lawful posses-

sion of an assault weapon or who lawfully possess a firearm   

subsequently declared an assault weapon pursuant to Section

12276.5 have 90 days to do one of the following:

(1) Obtain a permit from the Department of Justice.

(2) Sell the weapon to a licensed gun dealer as described in 

Section 12290.

(3) Render the weapon permanently inoperable.



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CALIFORNIA FIREARMS LAWS 1991 - Page 5



\\Armor-Piercing Bullets\\



It is unlawful for any person to manufacture, sell, or

knowingly possess or transport handgun ammunition designed pri-

marily to penetrate metal or armor. (Penal Code, 12320, 1232t.)



\Handgun ammunition\ here means ammunition principally used

in pistols and revolvers, notwithstanding that the ammunition may

also be used in some rifles. (Penal Code, 1 2323.)



This prohibition does not apply to members of the federal or

state militia while on duty and engaged within the scope of their

duties, to any police agency or forensic laboratory, or to per-

sons who hold valid permits issued pursuant to Penal Code section

12305. (Penal Code, 12322.)



\\Larger Caliber Weapons and Tracer Ammunition\\



It is \unlawful\ to possess any of the following:



* Any projectile containing any explosive, incendiary material,

or any other chemical substance including, but not limited to,

that commonly known as tracer or incendiary ammunition, except

tracer ammunition manufactured for use in shotguns.



* Any bomb, grenade, explosive missile, or similar device or any

device used to launch them.



* Any ammunition of greater than .60 caliber or any weapon which

fires fixed ammunition greater than .60 caliber, other than a

shotgun or shotgun ammunition.



* Any rocket, rocket-propelled projectile, or similar device of

a diameter greater than 0.60 inch, or any launching device, and

any projectile or similar device containing any explosive or

incendiary material or any other chemical substance, other than

the propellant for such device, except for devices designed

primarily for emergency or distress signaling purposes. (Penal

Code, 12301,12303.)



These prohibitions do not apply to members of the federal or

state militia, peace officers listed in Penal Code Section 830.1

or 830.2, or any peace officer in the Department of Justice

authorized by the Attorney General, or firefighters while on duty

and acting within the scope and course of their employment (Penal  

Code,  12302) or to persons having a permit issued by the Cali-

fornia Department of Justice. (Penal Code,  12305.)



\\Firearm Silencers\\



A \silencer\ is defined as a device designed, used or in-

tended for use in silencing, diminishing or muffling the report

of a firearm including any combination of parts designed or

redesigned and intended for use in fabricating or assembling a

silencer, or any part intended only for use in assembling or

fabricating a silencer. (Penal Code,  12500.)



It is a felony for any person, firm or corporation within

this state to possess any silencer for firearms. This prohibition

does not apply to any peace officer listed in Penal Code Section

830.1, or to military or naval forces of this state or of the

United States in the official discharge of their duties nor does

it apply to the manufacture, possession, transportation or sale

to agencies listed in Penal Code Section 830.1, or to military or

naval forces of this state or of the United States by dealers

registered under chapter 53, commencing with Section 5801 of

Title 26 of the U.S. Code. (Penal Code,  12520, 12501.)



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CALIFORNIA FIREARMS LAWS 1991 - Page 6



\\Sniperscopes\\



A \sniperscope\ is defined as a device made or adapted for

use on a firearm, which enables the operator to detect objects

during nighttime through use of a projected infrared light source

and an electronic telescope.



Any person who buys, sells, receives, disposes of, conceals,

or possesses a sniperscope is guilty of a misdemeanor. This

prohibition does not apply to authorized use or possession of

sniperscopes by members of the armed forces or peace officers and

does not prohibit use or possession solely for scientific re-

search or education purposes. (Penal Code,  468.)



\\Boobytraps\\



\Boobytraps\ are concealed or camouflaged devices designed

to cause great bodily injury when triggered by an unsuspecting

person. They include guns, ammunition, or explosives attached to

trip wires, sharpened stakes, and lines or wires with hooks

attached. It is unlawful to possess such devices with the intent

to use them as boobytraps and anyone who assembles, maintains,

places or causes such devices to be placed is guilty of a felony.

(Penal Code, 12355.)



2. PERSONS ELIGIBLE TO POSSESS HANDGUNS AND FIREARMS



Any person \not\ described as ineligible in section 3 may  

lawfully possess, or have handguns or firearms in his or her

custody or control, subject to the conditions listed in sections

4 and 5.



\\Handguns and Firearms in the Home or Business\\



Any person over the age of 18 who is not prohibited from

possessing firearms and, if otherwise lawful, may keep and carry

a firearm or have a firearm loaded at his or her place of resi-

dence, temporary residence, campsite, or on private property

owned or lawfully possessed by the person. (Penal Code,  12026,

12031 (h), (1).)



Any person engaged in any lawful business (including non-

profit organizations) or any officer, employee, or agent author-

ized for lawful purposes connected with the business may possess

a loaded firearm within the place of business if that person is

over 18 years of age and not otherwise prohibited from possessing

firearms. (Penal Code,  12026, 1 2031 (h).)



NOTE: A person's place of business, residence, temporary

residence, campsite, or private property may be located in areas

where possession of handguns or firearms, whether loaded or

unloaded, is otherwise prohibited. Such areas include, but are

not limited to, state, federal, or private game reserves or

refuges, federal and state parks, and other public lands. Ques-

tions regarding the applicability of such laws should be directed

to your sheriff or chief of police, federal or state fish and

game officers, or federal or state park rangers.



\\Licenses to Carry Concealed Weapons\\



1. A license to carry a concealed handgun or other firearm

may be granted by the sheriff of the county or the chief of the

city police department where the applicant resides. Such licenses

are issued only after a finding that the applicant is of good

moral character, that good cause exists for such a license, and

the applicant is a resident of the county. (Penal Code, 12050.)



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CALIFORNIA FIREARMS LAWS 1991 - Page 7



2. Unless otherwise restricted, a license is valid through-

out the state.



3. If a California licensee has a need to travel armed in

another state, he or she should contact authorities in the other

state prior to leaving to determine if the license will be hon-

ored.



3. PERSONS INELIGIBLE TO POSSESS FIREARMS



\\Persons Convicted of Felonies or Other Specified Crimes\\



It is unlawful for any person who has been convicted of a

felony under the laws of the United States, the State of Califor-

nia, or any other state, government, or country, or for any

person who is addicted to any narcotic drug to own or have \any\

\firearm\ in his or her possession, custody, or control. (Penal

Code,  12021 (a).)



A \federal felony conviction\ refers to a conviction of an

offense that can only result in felony punishment under Califor-

nia law, or any sentence to a federal correctional facility for

more than 30 days, or a fine of more than $1,000, or both. (Penal

Code,  12021 ©.)



Any person who has been convicted of \any\ of the following

crimes specified in Penal Code Sections 12001.6 and 12021.1,

whether as a felony or misdemeanor, may not lawfully possess or

have custody or control of any firearm:



* Murder or voluntary manslaughter.



* Mayhem.



* Rape.



* Sodomy or oral copulation by force, violence, duress, menace,

or threat of great bodily harm.



* Lewd acts on a child under the age of 14 years.



* Any felony punishable by death or life imprisonment in the

state prison.



* Any other felony in which the defendant inflicts great bodily

injury on any person, other than an accomplice, which has been

charged and proven, or any felony in which the defendant uses a

firearm which has been charged and proven.



* Attempted murder.



* Assault with intent to commit rape or robbery.



* Assault with a deadly weapon or instrument on a peace officer.



* Assault by a life prisoner on a non-inmate.



* Assault with a deadly weapon by an inmate.



*Arson.



* Exploding a destructive device or any explosive with intent to

injure or murder.



* Exploding a destructive device or any explosive causing great

bodily harm.   



* Robbery.



* Kidnapping.



* Taking of a hostage by a state prison inmate.



* Attempt to commit a felony punishable by death or imprisonment

in the state prison for life.



* Any felony in which the defendant personally used a dangerous

or deadly weapon.



* Escape from a state prison by use of force or violence.



* Assault with a deadly weapon or force likely to produce great

bodily injury.



* Any attempt to commit any of the above crimes other than an

assault. (Penal Code, 12021. 1 .)



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CALIFORNIA FIREARMS LAWS 1991 - Page 8



* Assault upon a person with a firearm. (Penal Code, 245(a),

12001.6.)



* Shooting at an inhabited dwelling, house or occupied building.

(Penal Code,  246, 1 2001 .6.)



(NOTE: This offense is committed even though no person was actu-

ally inside the specified structure at the time of the shooting.)



* Drawing, exhibiting, or unlawfully using any handgun or fire-

arm in a rude, angry, or threatening manner regardless of whether

the firearm was loaded. (Penal Code, 417(a)(2), 12001.6.)



* Drawing or exhibiting any firearm, whether loaded or unloaded,

in a rude, angry, or threatening manner in the presence of a

peace officer who is engaged in the performance of his or her

duty. (Penal Code,  41 7(b), 12001.6.)



\\Persons convicted of misdemeanor violations of speciFied of-

fenses\\



Any person who has been convicted of a misdemeanor violation

for the following offenses is prohibited from owning, possessing

or having under his or her custody or control any firearm within

10 years of the conviction:



* Possession of a deadly weapon with the intent to intimidate a

witness. (Penal Code, 1 36.5.)



* Threatening witnesses, victims, or informants while committing

another misdemeanor. (Penal Code. 1 40.)



* Unauthorized possession of a weapon in a courtroom, courthouse

or court building, or at a public meeting. (Penal Code,  171

(b).)



* Bringing into or possessing a loaded firearm within the state

capitol, legislative offices, etc. (Penal Code,  171 ©.)



* Taking into or possessing loaded firearms within the

governor's mansion or residence or other constitutional officer,

etc. (Penal Code,  171 (d).)



* Assault. (Penal Code,  241.)



* Battery. (Penal Code, 243.)



* Assault with a stun gun or taser weapon. (Penal Code,  244.5.)



* Assault with a deadly weapon or instrument, by any means

likely to produce great bodily injury or with a stun gun or taser

on a school employee engaged in performance of duties. (Penal

Code,  245.5.)



* Discharging a firearm in a grossly negligent manner. (Penal

Code,  246.3.)



* Shooting at an unoccupied aircraft, motor vehicle, or uninhab-

ited building or dwelling house. (Penal Code,  247.)



* Drawing, exhibiting, or using any deadly weapon other than a

firearm. (Penal Code, 41 7(a) (1).)



* Drawing or exhibiting, selling, manufacturing, or distributing

firearm replicas or imitations. (Penal Code,  417.2.)



* Bringing into or possessing firearms upon or within public

schools and grounds. (Penal Code,  626.9.)



* Driver of any vehicle who knowingly permits another person to

discharge a firearm from the vehicle or any person who willfully

and maliciously discharges a firearm from a motor vehicle. (Penal

Code,  12034(b)(d).)



* Person or corporation who sells any concealable firearm to any

minor. (Penal Code, 1 21 00(a).)



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CALIFORNIA FIREARMS LAWS 1991 - Page 9



* Possession of ammunition designed to penetrate metal or armor.

(Penal Code, 1 2320.)



* Carrying a concealed or loaded firearm or other deadly weapon

or wearing a peace officer uniform while picketing. (Penal Code, 

12590.)



\\Persons Prohibited From Possession, Purchase of Firearms As a

Condition of Probation\\



Any person convicted of any crime for which the express

condition of probation prohibits or restricts the possession of

firearms may not lawfully own, possess, control, receive or

purchase a firearm for the duration of the probation. (Penal

Code,  12021 (d).)



\\Persons Subject to Juvenile Court Law\\



Any person subject to juvenile court law and adjudged a ward

of the juvenile court for the following offenses described in

Welfare & Institutions Code Section 707(b) shall not own, pos-

sess, or have under his or her custody or control any firearm

until reaching 30 years of age. (Penal Code,  12021 (e).)



* Murder.



* Arson of an inhabited building.



* Robbery while armed with a dangerous or deadly weapon.



* Rape with force or violence or threat of great bodily harm.



* Sodomy by force, violence, duress, menace, or threat of great

bodily harm.



* Lewd or lascivious act on a child under the age of 14. (Penal

Code,  288(b).)



* Oral copulation by force, violence, duress, menace, or threat

of great bodily harm.



* Sexual assault with a foreign object. (Penal Code,  289.)



* Kidnapping for ransom.



* Kidnapping for purpose of robbery.



* Kidnapping with bodily harm.



* Assault with intent to murder or attempted murder.



* Assault with a firearm or destructive device.



* Assault by any means of force likely to produce great bodily

injury.



* Discharge of a firearm into an inhabited or occupied building.



* Specified crimes against persons 60 years of age or older,

blind persons, paraplegics or quadriplegics as described in Penal

Code Section 1203.09.



* Use of a firearm in the commission or attempted commission of

a felony; discharge of a firearm at an occupied motor vehicle

causing great bodily injury or death; use of a firearm to commit

the controlled substances violations described in Penal Code

Section 1 2022.5.



* Any felony offense in which the minor personally used a weapon

described in Penal Code Section 12020(a).



* Felony intimidation of a witness and victim as described in

Penal Code Section 136.1 or influencing the testimony or informa-

tion given to a law enforcement official as described in Penal

Code Section 137.



* Manufacturing, compounding, or selling one-half ounce or more

of any salt solution of a controlled substance specified in

Health and Safety Code Section 11 055(e).



* Any of the specified violent felonies listed in Penal Code

Section 667.5© committed for the benefit, direction, or associ-

ation with any criminal street gang as described in Penal Code

Section 1 86.22(b).



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CALIFORNIA FIREARMS LAWS 1991 - Page 10



\\Mental Patients, Mentally Disordered Sex Offenders, Persons

Adjudicated a Danger to Others, Persons Incompetent to Stand

Trial, Gravely Disabled Conservatees and Persons Taken Into

Custody As a Danger to Self or Others Because of a Mental Disor-

der\\



No person who is a mental patient in any hospital or institution,

or on leave of absence from any hospital or institution, shall

own or have any firearm or other deadly weapon in his or her

possession or under his or her custody or control. (Welfare and

Institutions Code, 81 00.)



No person who has been adjudicated by a court of any state

to be a danger to others as a result of mental disorder or mental

illness, or a mentally disordered sex offender shall have any

firearm in his or her possession, custody, or control. (Welfare

and Institutions Code,  81 03(a).)



No person who has been found not guilty by reason of insani-

ty of any crime in any state shall have any firearm in his or her

possession, custody, or control. (Welfare and Institutions Code, 

8103(b).)



No person found by a court to be mentally incompetent to

stand trial on a criminal charge shall have any firearm in his or

her possession, custody, or control. (Welfare and Institutions

Code,  81 03(d).)



No person who has been placed under conservatorship by a

court, because the person is gravely disabled, shall have any

firearm in his or her possession, custody, or control, where

prohibited by the court. (Welfare and Institutions Code, 

8103(e).)



No person who has been taken into custody, assessed and

admitted to a designated facility because that person is a danger

to himself, herself, or others or has been certified for inten-

sive treatment shall own, possess, control, receive or purchase

any firearm for a period of five years after the person is re-

leased from the facility. (Welfare & Institutions Code, 

8103(f)(g).)



NOTE: Any individual who knowingly supplies, sells, gives,

or otherwise allows these persons to possess or control any fire-

arm or other deadly weapon is guilty of a felony. (Welfare and

Institutions Code,  8101.)



\\Persons Subject to a Restraining Order\\



Persons who are subject to a restraining order issued by a

court pursuant to section 545, 545.5, 546 or 547 of the Code of

Civil Procedures or persons who are prohibited from firearm

possession as a condition of probation may not possess or pur-

chase a firearm for the duration of the restraining order or

probation. (Penal Code,  12021 (d)(g).)



\\Minors\\



It is unlawful for any person to sell any firearm to a minor.

(Penal Code,  12551, 1 21 00.)



It is unlawful for any person to furnish any firearm, airgun

or gas-operated gun designed to fire a bullet, pellet or metal

projectile to any minor without permission of the minor's parent

or legal guardian. (Penal Code, 12552,12100.)



No minor shall have in his or her possession, any handgun

unless the minor has the written permission of his or her parent

or guardian or is accompanied by the parent or guardian while in

possession of the handgun. (Penal Code,  12101.)



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CALIFORNIA FIREARMS LAWS 1991 - Page 11



No minor may possess live ammunition for any firearm unless

the minor has the written permission of his or her parent or

guardian or is accompanied by the parent or guardian or is going   

to or from an organized lawful recreational or competitive shoot-

ing or hunting activity. (Penal Code, 12101.)



A minor is any person under 18 years of age. (Civil Code, 

25.)



4. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY



The question of whether use of a firearm is justified for

self-defense cannot be reduced to a simple list of factors. This

section is based on the instructions generally given to the jury

in a criminal case where self-defense is claimed and illustrates

the general rules regarding use of firearms in self-defense.



\\Use of a Firearm or Other Deadly Force in Defense of Life and Body\\



The killing of one person by another may be justifiable when

necessary to resist the attempt to commit a forcible and life-

threatening crime, \provided\ that a reasonable person in the

same situation would believe that: a) the person killed intended

to commit a forcible and life-threatening crime; b) there was

imminent danger of such crime being accomplished; and, c) the

person acted under the belief that such force was necessary to

save himself or herself or another from death or a forcible and

life-threatening crime. Murder, mayhem, rape, and robbery are

examples of forcible and life-threatening crimes.



\\Self-Defense Against Assault\\



It is lawful for a person being assaulted to defend himself

or herself from attack if he or she has reasonable grounds for

believing, and does in fact believe, that he or she will suffer

bodily injury. In doing so, he or she may use such force, up to

deadly force, as a reasonable person in the same circumstances

would believe necessary to prevent imminent injury



An assault with fists does not justify use of a deadly

weapon in self-defense unless the person being assaulted be-

lieves, and a reasonable person in the same circumstances would

also believe, that the assault is likely to inflict great bodily

injury.



It is lawful for a person who has grounds for believing, and

does in fact believe, that bodily injury is about to be inflicted

upon another to protect the victim from attack. In so doing, the

person may use such force as reasonably necessary to prevent the

injury.



NOTE: The use of \excessive force\ to counter an assault may

result in civil or criminal penalties.



\\Protecting One's Home\\



A person may defend his or her home against anyone who

attempts to enter in a violent manner intending violence to any   

person in the home. The amount of force that may be used in

resisting such entry is limited to that which would appear neces-

sary to a reasonable person in the same or similar circumstances

to resist the violent entry. One is not bound to retreat, even

though a retreat might safely be made. One may resist force with

force, increasing it in proportion to the intruder's persistence

and violence, if the circumstances apparent to the occupant would

cause a reasonable person in the same situation to fear for his

or her safety.



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CALIFORNIA FIREARMS LAWS 1991 - Page 12



The occupant may use a firearm when resisting the intruder's

attempt to commit a forcible and life-threatening crime against

anyone in the home \provided\ that a reasonable person in the

same situation would believe that: a) the intruder intends to

commit a forcible and life-threatening crime; b) there is immi-

nent danger of such crime being accomplished; and, c) the occu-

pant acts under the belief that use of a firearm is necessary to

save himself or herself or another from death or great bodily

injury. Murder, mayhem, rape, and robbery are examples of forci-

ble and life-threatening crimes.



Any person using force intended or likely to cause death or

great bodily injury within his or her residence shall be presumed

to have held a reasonable fear of imminent peril of death or

great bodily injury to self, family, or a member of the household

when that force is used against another person, not a member of

the family or household, who unlawfully and forcibly enters or

has unlawfully and forcibly entered the residence and the person

using the force knew or had reason to believe that an unlawful

and forcible entry had occurred. Great bodily injury means a

significant or substantial physical injury. (Penal Code,  198.5.)



NOTE: If the presumption is rebutted by contrary evidence,

the occupant may be criminally liable for an unlawful assault or

homicide.



\\Defense of Property\\



The lawful occupant of real property has the right to re-

quest a trespasser to leave the premises. If the trespasser does

not do so within a reasonable time, the occupant may use force to

eject the trespasser.



The amount of force that may be used to eject a trespasser

is limited to that which a reasonable person would believe to be

necessary under the circumstances.



\\Limitations on the Use of Force in Self-Defense\\



The right of self-defense ceases when there is no further

danger from an assailant. Thus, where a person attacked under   

circumstances initially justifying self-defense renders the at-

tacker incapable of inflicting further injuries, the law of self-

defense ceases and no further force may be used.



The right of self-defense is not initially available to a

person who assaults another. However, if such person attempts to

stop further combat and clearly informs the adversary of his or

her desire for peace but the opponent nevertheless continues the

fight, the right of self-defense returns and is the same as the

right of any other person being assaulted.



5. CARRYING A CONCEALED WEAPON



\\Carrying a Concealed Handgun on One's Person or in a Vehicle

without a License\\



It is unlawful for any person to carry a handgun concealed

upon his or her person or in a vehicle without a license issued

pursuant to Penal Code Section 12050. (Penal Code, 1 2025(a)

(b).)



A firearm carried openly in a belt or holster is not con-

cealed within the meaning of the above prohibition. (Penal Code,

12025©.)



A firearm locked in a motor vehicle's trunk or in a locked

container carried in the vehicle other than in the utility or

glove compartment, is not concealed within the meaning of Penal

Code Section 12025; neither is a firearm carried by a person

directly to or from a motor vehicle for any lawful purpose when

it is carried within a locked container. (Penal Code, 12026. 1 .)



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CALIFORNIA FIREARMS LAWS 1991 - Page 13



CAUTION: Even if carried openly, the firearm \may not be loaded\.

(Penal Code, 12031 (a).) Also, see carrying a loaded firearm in a

public place.



\\Exceptions\\



The prohibition against carrying concealed firearms does not

apply to:



* Firearms kept or carried openly or concealed at the residence,

place of business, or on private property owned or lawfully

possessed by an adult (18 years of age or older), provided such

possession is otherwise lawful. (Penal Code, 12026.)



* Use by authorized participants in motion pictures, television

or video productions or possession by participants while travel-

ing directly to or from such events.



* Members of any club or organization organized for the purpose

of lawfully collecting and lawfully displaying pistols, revolvers

or other firearms while at meetings of the clubs or organizations

or while going directly to and coming directly from those meet-

ings.



* Participants transporting a firearm while traveling directly

to or from recognized safety or hunter safety classes or recog-

nized sporting events involving that firearm.



* A homeowner or business person directly transporting a firearm

from home to business or from business to home.



* Persons going directly to or from a fixed place of business or

private residential property for the purpose of the lawful repair

or lawful transfer of a firearm.



* Persons traveling from a place where they lawfully received a

firearm to their place of residence or business.



* Persons transporting firearms directly to or from gun shows,

swap meets or similar public events for the purpose of displaying

them lawfully.



* Suppliers of firearms and their authorized employees or agents

when transporting firearms directly to or from a motion picture,

television, video or entertainment production for the purpose of

providing firearms for the use of authorized participants in such

productions.



* Persons transporting firearms for the purpose of practicing

target shooting at licensed ranges.



* Persons transporting a firearm at the request of a licensing

agency when seeking a license to carry a concealed weapon.



* Persons who believe they are in grave danger due to circum-

stances forming the basis of a current restraining order issued

by a court against a person or persons found to pose a threat to

the person's life or safety.



These exceptions require that firearms being transported shall be

unloaded and kept in a secure container which is fully enclosed

and locked by a padlock, key lock, combination lock or similar

locking device. A motor vehicle utility or glove compartment does

not constitute a "locked container." (Penal Code, 12026.2.)



* The prohibition against carrying concealed firearms also does

not apply to:



* Peace officers, retired peace officers and retired federal

officers or agents as defined in Penal Code Sections 830.1,

830.2,830.5, 12027(a) and 12031 (b).



* Merchants who possess or transport unloaded firearms as merch-  

andise who are licensed to engage in the business of manufactur-

ing, repairing or dealing in firearms and their authorized repre-

sentatives or agents.



* Members of the federal and state militia when on duty.



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CALIFORNIA FIREARMS LAWS 1991 - Page 14



* Members of duly authorized military or Civil organizations

while parading or when going to and from the meeting places of

such organizations.



* Guards or messengers of common carriers, banks, and other

financial institutions while actually employed in and about the

shipment, transportation, or delivery of any money, treasure,

bullion, bonds, or other valuables.



* Members of any club or organization organized for the purpose

of practicing shooting at targets upon established target ranges,

whether public or private, while such members are using firearms

upon such target ranges, or while going to and from such ranges.



* Licensed hunters or fishermen while engaged in hunting or

fishing, or while going to or returning from such hunting or

fishing expedition.



* Persons operating licensed common carriers or their authorized

agents or employees when transporting unloaded firearms in con-

formance with applicable federal law.



* Upon approval of the sheriff of the county in which they

reside, honorably retired federal officers or agents who were

assigned to duty in this state for at least one year or who

retired from active service in this state.



* Notwithstanding the exceptions cited here for authorized

members of military or civil organizations, shooting clubs and

licensed hunters or fishermen, these individuals still should not

carry or transport \loaded\ firearms when going to or from sanc-

tioned activities. The firearm should be locked in the trunk of

the vehicle or, if the vehicle has no trunk, placed in a locked

container within the vehicle other than in the utility or glove-

compartment. (Penal Code, 12026.1,12027.)



\\Carrying a Loaded Firearm in a Public Place\\



It is unlawful to carry a loaded handgun or other type of

firearm on one's person or in a vehicle while in any public

place, on any public street, or in any place where it is unlawful

to discharge a firearm. (Penal Code,  12031 (a).)



A firearm is deemed loaded when there is a live cartridge or

shell in, or attached in any manner to, the firearm, including   

but not limited to the firing chamber, magazine, or clip. A

muzzle-loading firearm is deemed loaded when it is capped or

primed and has a powder charge and ball or shot in the barrel or

cylinder. (Penal Code,  12031 (g).)



It is a misdemeanor for the driver of any motor vehicle, or

the owner of any motor vehicle irrespective of whether the owner

is occupying the vehicle, to knowingly permit any person to carry

a loaded firearm in the vehicle in violation of Penal Code Sec-

tion 12031 or Fish and Game Code Section 2006. (Penal Code, 

12034.) Also, see Section 10 of this publication for prohibited

acts.



In order to determine whether a firearm is loaded for the

purpose of enforcing this section, peace officers are authorized

to examine any firearm carried by anyone on his or her person or

in a vehicle while in any public place, on any public street, or

in any prohibited area of an unincorporated territory. Refusal to

allow a peace officer to inspect a firearm pursuant to the provi-

sions of this section is itself grounds for arrest for violation

of this section. (Penal Code,  12031 (e).)



\\Exceptions\\



The prohibition does not apply to:



* Any person hunting in an area where possession and hunting is

otherwise lawful. (Penal Code,  12031 (i).)



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CALIFORNIA FIREARMS LAWS 1991 - Page 15



* Any person who carries a loaded firearm while engaged in the

act of making or attempting to make a lawful arrest, provided

such possession is otherwise lawful. (Penal Code, 12031 (k).)



* Any person carrying a loaded firearm, if otherwise lawful,

when he or she reasonably believes his or her person or property

is in immediate, grave danger and that the carrying of the loaded

firearm is necessary for preservation of the person or property

during the time interval following notification of the local law

enforcement agency and prior to the arrival of its assistance.

(Penal Code,  12031 a).)



* Any of the following persons, \provided\ they meet all crite-

ria for such exemption, such as possession of special occupation-

al licenses or completion of the required firearms training

provided for in Penal Code Sections 12031 (b), ©, and (d):



* Peace officers and retired peace officers.



* Federal and state militia members.



* Target shooters at target ranges and shooting club members   

while hunting on the club premises, provided possession and use

of the firearm are otherwise lawful.



* Holders of concealed handgun licenses.



* Armored vehicle guards.



* Animal control officers or zookeepers.



* Guards or messengers of common carriers, banks, and other

financial institutions.



* Guards of contract carriers operating armored vehicles.



* Private investigators, private patrol operators, and alarm

company operators.



* Uniformed security guards or night watchmen employed by any

public agency.



* Uniformed security guards and uniformed alarm agents of an

alarm company operator.



* Uniformed employees of private patrol operators.



NOTE: Peace officers and honorably retired peace officers

having properly endorsed identification certificates may carry a

concealed weapon at any time. Otherwise, these exemptions apply

only when the firearm is carried within the scope of the exempted

conduct, such as hunting or target shooting, or within the course

and scope of assigned duties, such as an armored vehicle guard

transporting money for his employer. A person who carries a

loaded firearm outside the limits of the applicable exemption is

in violation of the law, notwithstanding his or her possession of

an occupational license or firearms training certificate. (Penal

Code,  12031 (b).)



6. FIREARMS AND PICKETING ACTIVITY



It is unlawful for any person to carry a loaded firearm upon

his or her person or within any vehicle under his or her control

or direction while engaged in picketing activity. (Penal Code, 

12590(a)(2).)



\Picketing activity\ means any informational activities

conducted in a public place relating to a concerted refusal to

work.



\\General Exceptions Are Not Applicable\\



The exceptions provided peace officers, bank guards, armored

vehicle guards, licensed hunters or fishermen, private investiga-

tors, and other persons provided in Section 5 of this



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CALIFORNIA FIREARMS LAWS 1991 - Page 16



publication do \not\ apply if such individuals are engaged in

picketing activities as described above. (Penal Code, 12590©.)



7. FLAREGUNS



\A flaregun\ is any loaded or unloaded rocket, rocket pro-

pelled projectile launcher, or similar device designed primarily

for emergency or distress-signaling purposes. (Penal Code, 

12031.1.) It is not designed to be used as a weapon and thus is

not a firearm within the definition of Penal Code Section 12001

(a); however, incidents involving persons carrying flareguns as

weapons have been reported.



\\Lawful Possession of a Flaregun\\



A person may lawfully possess a flaregun aboard any vessel

or aircraft, or while in or traveling to and from a permitted

hunting area, if the individual is carrying a valid California

hunting permit or license. (Penal Code, 12031.1.)



\\UnlawFul Possession of a Flaregun\\



Except as provided for in the previous paragraph, it is

unlawful for any person to carry a flaregun concealed on his or

her person or within any vehicle under his or her control or di-

rection. (Penal Code,  12001 (d), 1 2025(a), (b).)



Except as described above, it is unlawful for any person to

carry a loaded flaregun on his or her person or in a vehicle in

any public place. (Penal Code,  12001 (d), 1 2D31 (a).)



8. SELLING AND TRANSPORTING FIREARMS AND AMMUNITION



\\Sale or Transfer of Firearms\\



It is unlawful for any person to engage in the business of

selling, transferring, offering, or exposing for sale, lease or

transfer any \firearm\ unless he or she is licensed pursuant to

Penal Code Section 12071. The term, engage in the business, does

not include: the sale, lease, or transfer of a firearm by a

person acting under a court order issued pursuant to the enforce-

ment of judgements law (Title 9, Section 680.10 et al of part 2

of the Code of Civil Procedure) or by a person liquidating a

personal firearm collection to satisfy a court judgement; a sale,

lease or transfer of a firearm pursuant to subdivision © of

Penal Code Section 12028; the sale, lease or transfer of a fire-

arm by a person disposing of firearms received by bequest or

intestate succession within 60 days of receipt; or the infrequent

sale, lease, transfer or offering or exposing of firearms for

sale, lease or transfer. Infrequent means five or less sales per

year of any number of handguns or irregular and occasional sales

of other firearms. (Penal Code,  12070.)  



It is unlawful for a person who is not a licensed firearm

dealer to sell or otherwise transfer a firearm to a nonlicensed

person. Nonlicensed sellers or transferors and buyers or trans-

ferees must complete a sale or transfer through a licensed deal-

er. (Penal Code, 12072(d), 12082.)



It is unlawful for any person to sell or otherwise transfer

a firearm to any person who is known to be prohibited pursuant to

Penal Code Section 12021 or 12021.1 or Welfare and Institutions

Code Section 8100, 8103, and it is unlawful for a dealer to sell

or otherwise transfer a handgun to any person under the age of 21

years or any other firearm to any person under 18 years of age.

Any dealer violating the age provisions more than once may be

convicted of a felony. (Penal Code,  12072, 12100.)



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CALIFORNIA FIREARMS LAWS 1991 - Page 17



For purposes of dealer licensing and reporting as specified in

Penal Code Sections 1 2070l 1 2071, and 1 2072(b) © and (d)

respectively, the term firearm does not include unloaded antique

firearms as defined in Section 921 (a)(16) of Title 18 United

States Code or curios or relics as defined in Section 178.11 of

Title 27 of the Code of Federal Regulations. (Penal Code, 12001.)



\\Sale or Transfer of Firearms to Mental Patients\\



It is unlawful for any person to sell, supply, give, or

allow possession or control of any firearm or other deadly weapon

to a person who is a mental patient in any hospital or institu-

tion or on leave of absence from any hospital or institution;

adjudicated a danger to others or a mentally disordered sex

offender; found not guilty by reason of insanity of any crime;

found incompetent to stand trial; placed under conservatorship by

a court as gravely disabled wherein possession of a firearm would

present a danger to self or others or who has been taken into

custody and placed in a county mental health facility for treat-

ment and evaluation because he or she is a danger to self or

others as a result of mental disorder. (Welfare and Institutions

Code,  8100, 81 01 .)



\\Sale or Transfer of Firearms or Related Devices to Minors\\



It is unlawful for any person to \sell\ a handgun or other

type of firearm to a minor. (Penal Code,  12551, 12100.)



It is unlawful for any person to \furnish\ a handgun or

other type of firearm, airgun, or gas-operated gun designed to

fire a bullet, pellet, or metal projectile to any minor without

permission of the minor's parent or legal guardian. (Penal Code, 

12552, 12101.) A minor is any person under 18 years of age.

(Civil Code,  25.)



\\Sale, Manufacture, Possession or Transport of Machine Guns\\



It is unlawful for persons to sell, manufacture or transport

machine guns unless they possess a license or permit issued by

the Department of Justice.



\\Possession, Transport, Sale and Manufacture of Assault

Weapons\\



Persons may possess or transport an assault weapon, as

defined, if the weapon has been registered with the Department of

Justice or if the person has obtained a permit for that weapon

from the Department of Justice. (Penal Code,  12276, 12280,

12285, 1 2286.)



An assault weapon may be transported for any lawful purpose

if it is either securely locked in the trunk of a vehicle or in a

locked container carried inside the vehicle. (Penal Code,

12285©(6), 12026.1.)



Persons in lawful possession of an assault weapon may sell

it only to a licensed firearm dealer or may elect to relinquish

the weapon to a police or sheriff's department. (Penal Code, 

12285, 12288.)



The Department of Justice may issue permits for the manufac-

ture of assault weapons to federally licensed manufacturers of

firearms for sale to law enforcement agencies, persons having

permits to possess assault weapons, persons out of state who have

federal firearm dealers licenses entitling them to sell these

weapons to federal law enforcement and military agencies, and law

enforcement or military agencies in other states and for sale to

foreign governments and agencies approved by the United States

State Department. (Penal Code, 12287.)



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CALIFORNIA FIREARMS LAWS 1991 - Page 18



\\Use of United States Postal Service, Private Parcel Deliv-

ery or Common Carriers\\



Federal law prohibits the sending of firearms or ammunition

through the United States postal service. Private parcel delivery

or shipping companies should be consulted before shipping fire-

arms or ammunition.



Federal and state laws prohibit the carrying of any firearm

or ammunition aboard any commercial passenger airplane. Similar

restrictions may apply to other common carriers such as trains,

ships, and buses. Persons who wish to ship or carry firearms or

ammunition on a common carrier should always consult the carrier

in advance.



9. FORFEITURES OF FIREARMS  



\\Forfeiture for Violation of the Penal Code\\



Penal Code Section 12028 requires forfeiture of (a) any

handgun illegally carried upon the person or within any vehicle

and (b) any firearm used in the commission or attempted commis-

sion of any felony or specified misdemeanor. Penal Code Section

12029 requires forfeiture of any short-barreled shotgun, short-

barreled rifle, cane gun, wallet gun, plastic firearm, firearm

not immediately recognizable as a firearm, zip gun, multiburst

trigger activator or unconventional pistol as specified in Penal

Code Section 12020. Penal Code Section 12251 requires forfeiture

of any machine gun possessed in violation of the permit and/or

license provisions of Penal Code Sections 1223012250.



\\Forfeiture for Violation of the Fish and Game Code\\



Fish and Game Code Section 12157 permits the court to order

forfeiture of any device illegally used to take birds, mammals,

fish, reptiles, or amphibian. Depending upon the facts of the

case, this forfeiture may include firearms.



10. OTHER PROHIBITED ACTS



\\Obliteration or Alteration of Firearm Identification\\



* It is a felony to obliterate or alter the identification marks

placed on any firearm including the make, model, serial number or

any distinguishing mark lawfully assigned by the owner or by the

Department of Justice. (Penal Code,  12090.)



* Possession of any pistol or revolver having its identification

obliterated or altered is presumptive evidence that the possessor

performed the obliteration or alteration. (Penal Code, 12091.)



* It is a misdemeanor for a person knowingly to buy, sell, or

possess a firearm when its identification has been obliterated or

altered. (Penal Code,  12094.)



\\Firearms on School Grounds\\



It is unlawful for any person to possess or bring a firearm

upon the grounds of or into any public school including the

University of California, California State Universities and

California community colleges. (Penal Code,  626.9).



\\Exceptions:\\



* Written permission of the school District Superintendent,

designee, or equivalent school authority.



* Any peace officer per Penal Code Section 830 who is carrying

out official duties.



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CALIFORNIA FIREARMS LAWS 1991 - Page 19



* Any person summoned by such peace officer to assist in making

an arrest or preserving the peace while actually so engaged.



* Members of federal or state military forces while engaged in

performance of duty.



* Any person authorized to carry a concealed firearm pursuant to

Penal Code Section 1 2050.



* An armored vehicle guard actually engaged in performance of

duty pursuant to Business and Professions Code Section 7521.



\\Discharge of Firearms at Inhabited/Occupied Dwellings, Build-

ings, Vehicles, Aircraft\\



It is a felony for any person to maliciously and willfully

discharge a firearm at an inhabited dwelling house, occupied

building, occupied motor vehicle, occupied aircraft, inhabited

housecar, or inhabited camper punishable by a minimum sentence of

6 months in jail and a maximum of 7 years in prison. (Penal Code, 

246.) Persons convicted of a felony or an attempt to commit a

felony which involved the discharge of a firearm at an occupied

motor vehicle causing great bodily injury or the death of another

are subject to a sentence of five years in prison in addition and

consecutive to the sentence prescribed for the felony. (Penal

Code, 12022.5.)



\\Discharge of Firearms at Unoccupied/Uninhabited Aircraft,

Unoccupied Motor Vehicles, Buildings, Dwellings\\



It is a felony for anyone to willfully and maliciously

discharge a firearm at an unoccupied aircraft. It is a public

offense punishable by a jail or prison sentence of up to one year

for any person to discharge a firearm at an unoccupied motor

vehicle, building or dwelling except for an abandoned vehicle

where otherwise lawful, an unoccupied motor vehicle with permis-

sion of the owner of that vehicle and otherwise lawful, or unin-

habited building or dwelling with permission of the owner and

otherwise lawful. (Penal Code,  247.)



\\Discharge of a Firearm from a Motor Vehicle\\



Persons with proven intent who inflict great bodily injury,

as defined in Penal Code Section 12022.7, or cause the death of a

person who is not an occupant of a motor vehicle as a result of

discharging a firearm from a motor vehicle in the commission of a

felony or attempted felony shall be punished by a term of five

years in state prison. This term is in addition and consecutive

to the punishment prescribed for the felony of which the person

is convicted. (Penal Code, 12022.55.)



A driver or owner of a motor vehicle who allows any person  

to discharge a firearm from the vehicle may be punished by up to

three years imprisonment in state prison and any person who

willfully and maliciously discharges a firearm from a motor

vehicle at a person who is not an occupant of a motor vehicle is

guilty of a felony punishable by up to seven years in state

prison. (Penal Code, 12034.)



\\Threatening Acts; with Firearms on Public Streets or Highways\\



It is a felony for a person to draw or exhibit a firearm

that is loaded or unloaded in a threatening manner against an

occupant of a motor vehicle which is on a public street or high-

way in such a way that would cause a reasonable person apprehen-

sion or fear of bodily harm. (Penal Code,  417.3.)



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CALIFORNIA FIREARMS LAWS 1991 - Page 20



\\Threatening Acts with Replica Firearms\\



It is a misdemeanor for a person to draw or exhibit a repli-

ca of a firearm in a threatening manner against another in a way

which would cause a reasonable person apprehension or fear of

bodily harm. A replica firearm means any device with the apparent

capability of expelling a projectile by the force of an explosion

or air which can be reasonably perceived as an actual firearm

including starter pistols and air guns. (Penal Code,  417.2.)



\\Forfeiture of Vehicles Used in Offenses Involving the Discharge

or Brandishing of a Firearm\\



Courts are required to order the forfeiture and sale of

motor vehicles used in the commission of first or second degree

murder, manslaughter, attempted murder, assault with a deadly

weapon or the unlawful discharge or brandishing of a firearm from

or at an occupied vehicle where a victim is killed, attacked or

assaulted from or in a motor vehicle by the use of a firearm on

public streets and highways. (Penal Code,  246.1.)



\\Sell or Distribute Imitation Firearms\\



Any person who sells or distributes imitation firearms

(realistic replicas of existing firearms) may be liable for fines

of up to $10,000 for each violation. (Penal Code  417.2.)



\\Advertising of Prohibited Weapons\\



It is unlawful for any person to advertise the sale of any

firearm or other weapon whose possession is prohibited by Section

12020,12220, or 12280. (Penal Code, 12020.5.) Anyone having a

question on the possession, purchase, or carrying of a firearm or

the legality of any shooting act should consult their local law

enforcement agency or law library or seek advice from a lawyer.



11. FIREARM SAFETY INSTRUCTION



\\Certificate of Completion for Hunting Licenses\\



Fish and Game Code Section 3050 and the California Code of

Regulations, Title 14, Section 710 provide that no hunting li-

cense shall be issued unless the applicant:



a. has held a hunting license issued by this state in a

prior year; or



b. has a certificate of completion in hunter safety, princi-

ples of conservation, and sportsmanship, with a hunter safety

instruction validation stamp affixed thereto; or



c. has a certificate documenting successful completion of a

hunter safety course in another state; or



d. presents such other evidence of completion of a course in

hunter safety, principles of conservation, and sportsmanship as

the Fish and Game Commission may require; or



e. presents evidence of the satisfactory completion of a

hunter safety equivalency examination in the form of a certifi-

cate of equivalency which has a validation stamp affixed thereto.



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CALIFORNIA FIREARMS LAWS 1991 - Page 21



The Department of Fish and Game designates hunter safety

instructors qualified to give hunter safety instruction and issue

the certificate required above. Persons desiring to take a course

in hunter safety training for licensing may write or call the

nearest Department of Fish and Game office for a list of instruc-

tors in their area:



\\Department of Fish and Game (Region 1)\\

601 Locust Street

Redding, California 96001

(916) 225-2300



\\Department of Fish and Game (Region 2)\\

1701 Nimbus Road, Suite A

Rancho Cordova, California 95670

(916) 355-7040



\\Department of Fish and Game (Region 3)\\

P. 0. Box 47

Yountville, California 94599

(707) 944-5541



\\Department of Fish and Game (Region 4)\\

1234 East Shaw Avenue

Fresno, California 93710  

(209) 445-6454



\\Department of Fish and Game (Region 5)\\

330 Golden Shore, Suite 50

Long Beach, California 90802

(213) 590-5185



\\Handgun Safety Training\ \



Private patrol operators, security guards, alarm company

operators, responding alarm agents and private investigators must

complete a firearms training course before carrying a firearm on

duty. (Business and Professions Code,  7542, 7545, and 7596.)



The course was developed by the Department of Consumer

Affairs, Bureau of Collection and Investigative Services, and is

offered by bureau-certified instructors to bureau licensees.

Training is approximately 14 hours and includes the following:



* The moral and legal aspects of firearms usage.



* Firearms nomenclature and maintenance.



* Weapon handling and shooting fundamentals.



* Emergency procedures.



* Prequalification range training, including the firing of

practice rounds.



* Qualification course of fire.



* A written examination of the subject matter.



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CALIFORNIA FIREARMS LAWS 1991 - Page 22



Course instructors must be approved by the California De-

partment of Consumer Affairs, Bureau of Collection and Investiga-

tive Services. Fees for the instruction are negotiated between

the instructor and student. Persons interested in taking such a

course may contact the bureau for a list of certified schools in

their area:



\\Department of Consumer Affairs

Bureau of Collection and Investigative Services\\

1920 - 20th Street

Sacramento, California 95814-6873

(916) 739-3028



NOTE: Completion of this training does not authorize a

person to carry a firearm unless he or she possesses a valid

firearm permit issued by the bureau and is on duty and properly

licensed as a private patrol operator, security guard, alarm   

company operator, responding alarm agent, or private investiga-

tor. The firearms permit allows the bearer to carry an exposed

firearm while on duty.



\\Firearms Safety and Training Courses Provided by Firearm Clubs

or Associations



\\Some firearm clubs or associations regularly provide

firearm safety training courses for the general public as well as

for their members. Such clubs are listed in the yellow pages of

the telephone directory. In addition, managers of public or

private shooting ranges may give interested persons information

on how to contact clubs or associations using their ranges for

training courses. Ranges are also listed in the yellow pages of

the telephone directory.



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CALIFORNIA FIREARMS LAWS 1991 - Page 23



APPENDIX I



12. \\SUMMARY OF MAJOR FIREARM BILLS EFFECTIVE JANUARY 1, 1991



AB 497 Connelly\\



Requires a 1 5day wait and identification of purchasers of rifles

and shotguns. Persons prohibited by Section 12021 and 12021.1 PC

are prohibited from purchase of any firearm, not just conceal-

ables.



Forbids DOJ from retaining any information on rifle and shotgun

purchasers. To comply with this restriction, DOJ is destroying

the dealers record of sales registers received for rifle and

shotgun purchasers within five (5) days after determining a

purchaser's status.



Requires dealers selling any firearms to obtain a retail firearm

dealer's license from local licensing authorities. Formerly, only

persons selling concealable firearms had to obtain that license.



More people are ineligible for firearm purchase including persons

prohibited from firearm possession as a condition of probation;

juveniles adjudged wards of the court for committing the serious

offenses described in Section 707 of the Welfare and Institutions

Code (to age 30); a ten (10) year prohibition for persons con-

victed of specified misdemeanors; a five (5) year prohibition for

persons taken into custody as a danger to self or others and held

for examination of their condition per Section 5150 of the Wel-

fare and Institutions Code. The bill also provides a process for

these persons to petition the superior court of their county for

an order deleting the prohibition. The same provisions apply to

others certified for intensive care under Section 5250, 5260 or

5270.15 of the Welfare and Institutions Code.



All private party (nondealer) sales must be processed by licensed

firearm dealers. No longer can a person sell any firearm to a

person he or she knows personally. The purpose of this provision

is to prevent abuses of private party sales by having DOJ deter-

mine the eligibility of every firearm purchaser except those

exempted by Section 12078 PC.



Section 12078 PC exempts peace officers and purchasing agents who

present written authorization from the head of their agency from

the usual controls placed on firearm purchasers. AB 497 extended

the exemption from just concealable firearms to all firearms.



The bill requires DOJ to issue gun show licenses to persons

having dealers' licenses and to adopt regulations for the licens-

ing process.



The bill provides a minimum age of 18 years for purchasers of

rifles and shotguns.



AB 497 also requires DOJ to complete a feasibility study of ways

to modernize the firearm purchaser identification process by

considering options such as an 800 phone number concept where

dealers could dial DOJ and obtain an "instant" response on the



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CALIFORNIA FIREARMS LAWS 1991 - Page 24



eligibility of a purchaser or a credit card concept where persons 

could prequalify and use their card for purchase. DOJ has many 

other tasks to complete by July 1, 1991, when the report is due in 

the legislature.



\OTHER FIREARM BILLS\



AB 36 \\Peace\\



This bill was chaptered on December 13, 1990, as an urgency

provision. Section 12026.2 provides various specific exemptions

from the concealed carrying restrictions of Section 12025 PC. The

bill added another provision specifically for persons transport-

ing a firearm to or from a licensing agency for the purpose of

applying for a concealed firearm license pursuant to Section

12050 PC when done at the request of the licensing agency.



The bill also amended Section 12028 PC which deals with disposal

of nuisance weapons. That Section authorizes law enforcement

agencies to auction confiscated weapons to purchasers who are

licensed under federal law. The bill changed that to persons

licensed under state law, Section 12071 PC.



The bill amended the firearm dealer licensing provision of Sec-

tion 12071 PC by allowing either a regulatory or business license

as options to the license form prescribed by the Attorney Gener-  

al. This should make it easier for applicants to obtain retail

firearm dealer licenses which is especially important for persons

applying for a gun show license pursuant to Section 12071 PC. It

is also very important for persons wishing to bid at auctions of

confiscated weapons pursuant to Section 12028 PC.



It provides for a felony or misdemeanor penalty for a person

violating the restriction against knowingly selling or arming a

person who is prohibited pursuant to Section 12021 or 12021.1 PC.

Formerly, this was a misdemeanor penalty.



The bill amended the exception provisions of Section 12078 PC to

clarify that the firearm dealers' license, described in Section

12070 PC, is not required for manufacturers or importers licensed

under chapter 44 of Title 18 of the US Code who sell, deliver, or

transfer firearms to dealers licensed pursuant to Section 12021

PC.



AB 376 Klehs



Placed multiburst trigger activators on the list of weapons

prohibited by Section 12020 PC. It allows possession prior to

January 1, 1 992 for persons who are not prohibited by Section 1

2021 , 1 2021 .1 or 1 21 01 PC, or Section 81 00 and 81 03 of the

Welfare and Institutions Code. Effective January 1, 1 992, these

devices, which allow semiautomatic firearms to discharge two or

more shots in a burst, will be outlawed and persons found with

them in possession could face felony charges.



AB \\1753 Friedman\\



This bill prohibits persons who are subject to a restraining

order from purchasing or obtaining firearms. To accommodate this

new process, DOJ has established an online database for the

screening of firearm purchasers. Law enforcement agencies enter

information into the database when restraining orders are served

and the database will automatically purge expired orders.



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CALIFORNIA FIREARMS LAWS 1991 - Page 25



AB 2048 Murray



This bill extended the machine gun permit process administered by

DOJ to include the manufacture of machine guns.



The bill also amended the law pertaining to firearm silencers,

12501 PC, to clarify and extend exemptions. It would allow deal-

ers or manufacturers who are registered under chapter 53 of Title

26 of the US Code to manufacture, possess, transport and sell

silencers to the law enforcement agencies described in Section

830.1 PC, and state and federal military forces for official use.



\\SB 2444 Rogers\\



Added a provision to Section 12276.5 PC, which describes the

process for declaring a firearm to be an assault weapon, requir-

ing the Attorney General to distribute to all law enforcement

agencies in the state a description and photograph of each as-

sault weapon listed in Section 12276 PC and any firearm declared

to be an assault weapon pursuant to Section 12276.5 PC. DOJ is

implementing this new provision by preparing a verbal and photo-

graphic description of each of these assault weapons.



SB \\2480 Rogers



\\This bill added Section 12287 to the Penal Code which author-

izes DOJ to issue permits for the manufacture of assault weapons

to federally licensed manufacturers of firearms for sale to,

purchase by, or possession of assault weapons by specified agen-

cies.



\\SB 2050 Keene



\\Requires firearm purchasers or transferees to provide their

legal name on the dealers record of sale register and any other

legal names or aliases ever used under penalty of a misdemeanor.



Requires the Department of Mental Health to establish a central

file containing information on persons who come within the provi-

sions of Section 8100 and 8103 of the Welfare and Institutions

Code and make those records available to DOJ for firearm and

weapon license and permit purposes.



It requires public and private mental hospitals, sanitariums and

institutions to report information on current and former mental

patients needed by DOJ for firearm purchaser purposes. As re-

quired by the bill, DOJ will keep these records confidential,

separate and apart from other records in the department and will

use them only to screen firearm purchasers.



SB \\2065 Davis



\\Added Section 12025.5 PC, which allows persons to violate the

concealed firearm provisions of Section 1202S PC when a person

has reason to believe he or she is in grave danger because a

restraining order has been issued against a person or persons

found to pose a threat to his or her life or safety. The bill

also amended Section 12031 PC to allow the carrying of a loaded

concealable firearm under these circumstances. The bill further

provides that upon trial for a violation of either 1202S or 12031

PC, the trier of fact must rule whether the defendant indeed

acted out of reasonable belief that he or she was in grave dan-

ger.  



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CALIFORNIA FIREARMS LAWS 1991 - Page 26



Call (916) 739-3318 for information on Gun Show Licenses. Call

(916) 739-3512 for information on AB 497 and the other bills. For

information on bills dealing with assault weapons, machine

gun permits, or weapons licenses and permits, call (916) 739-

2773.



************************************************************



Office of the Attorney General

Accounting Office

P.O. Box 944255, 5th floor

Sacramento, California 94244-2550.