2005 California Penal Code Sections 12020-12040 Article 2. Unlawful Carrying and Possession of Weapons

PENAL CODE
SECTION 12020-12040

12020.  (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
   (1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
   (2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
   (3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
   (4) Carries concealed upon his or her person any dirk or dagger.
   However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1).  A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
   (b) Subdivision (a) does not apply to any of the following:
   (1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and
short-barreled rifles by peace officer members of a police
department, sheriff's office, marshal's office, the California
Highway Patrol, or the Department of Justice when on duty and the use
is authorized by the agency and is within the course and scope of
their duties and the peace officer has completed a training course in
the use of these weapons certified by the Commission on Peace
Officer Standards and Training.
   (2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
   (3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
   (4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
   (5) Any antique firearm.  For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
   (6) Tracer ammunition manufactured for use in shotguns.
   (7) Any firearm or ammunition that is a curio or relic as defined
in Section  478.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the
items pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto.  Any person prohibited by Section 12021, 12021.1, or 12101
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms or ammunition who obtains title to
these items by bequest or intestate succession may retain title for
not more than one year, but actual possession of these items at any
time is punishable pursuant to Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code.  Within the year, the person shall transfer title to the
firearms or ammunition by sale, gift, or other disposition.  Any
person who violates this paragraph is in violation of subdivision
(a).
   (8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto.  Any person prohibited by
Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103
of the Welfare and Institutions Code from possessing these weapons
who obtains title to these weapons by bequest or intestate succession
may retain title for not more than one year, but actual possession
of these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.  Within the year, the person shall
transfer title to the weapons by sale, gift, or other disposition.
Any person who violates this paragraph is in violation of subdivision
(a).  The exemption provided in this subdivision does not apply to
pen guns.
   (9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
   (10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
   (11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
   (12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law for use in the discharge of their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
   (13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
   (14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
   (15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
   (16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
   (C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
   (17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
   (C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
   (D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
   (E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
   (18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
   (19) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
   (20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large-capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
   (21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
   (22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
   (A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
   (B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
   (23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
   (24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
   (25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
   (26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit to
engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
   (27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
   (28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
   (29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
   (30) (A) The manufacture of a large-capacity magazine for any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
   (B) The manufacture of a large-capacity magazine for use by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
   (C) The manufacture of a large-capacity magazine for export or for
sale to government agencies or the military pursuant to applicable
federal regulations.
   (31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
   (32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following purposes:
   (A) For use solely as a prop for a motion picture, television, or
video production.
   (B) For export pursuant to federal regulations.
   (C) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
   (c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
   (A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
   (B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
   (C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
   (D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
   (2) As used in this section, a "short-barreled rifle" means any of
the following:
   (A) A rifle having a barrel or barrels of less than 16 inches in
length.
   (B) A rifle with an overall length of less than 26 inches.
   (C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
   (D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
   (3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
   (4) As used in this section, 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 the firearm may be
fired while mounted or enclosed in the case.
   (5) As used in this section, 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 the firearm may be fired while mounted or enclosed
therein.
   (6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, that measures approximately
one inch in length, with tail fins that take up approximately
five-sixteenths of an inch of the body.
   (7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow.  The metal contained in the device may help support the
hand or fist, provide a shield to protect it, or consist of
projections or studs which would contact the individual receiving a
blow.
   (8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas.  Ballistic knife does
not include any device which propels an arrow or a bolt by means of
any common bow, compound bow, crossbow, or underwater speargun.
   (9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
   (A) It is designed and intended to enclose a firearm.
   (B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
   (C) It is not readily recognizable as containing a firearm.
   "Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
   (10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
   (A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
   (D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
   (11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
   (12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
   (13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
   (14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
   (15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
   (16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
   (17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
   (18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
   (19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
   (20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
   (21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
   (22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
   (A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
   (B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component.  Barium sulfate or other compounds may be used in the
fabrication of the component.
   (C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
   All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
   (23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
   (A)  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.
   (B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
   (24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death.  A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
   (25) As used in this section, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
   (A) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
   (B) A .22 caliber tube ammunition feeding device.
   (C) A tubular magazine that is contained in a lever-action
firearm.
   (d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
12020.1.  Any person in this state who commercially manufactures or
causes to be commercially manufactured, or who knowingly imports into
the state for commercial sale, keeps for commercial sale, or offers
or exposes for commercial sale, any hard plastic knuckles is guilty
of a misdemeanor.  As used in this section, "hard plastic knuckles"
means any device or instrument made wholly or partially of plastic
that is not a metal knuckle as defined in paragraph (7) of
subdivision (c) of Section 12020, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow or increases the force of impact
from the blow or injury to the individual receiving the blow.  The
plastic contained in the device may help support the hand or fist,
provide a shield to protect it, or consist of projections or studs
that would contact the individual receiving a blow.
12020.3.  Any person who, for commercial purposes, purchases, sells,
manufacturers, ships, transports, distributes, or receives a
firearm, where the coloration of the entire exterior surface of the
firearm is bright orange or bright green, either singly, in
combination, or as the predominant color in combination with other
colors in any pattern, is liable for a civil fine in an action
brought by the city attorney of the city or the district attorney for
the county of not more than ten thousand dollars ($10,000).
12020.5.  It shall be unlawful for any person, as defined in Section
12277, to advertise the sale of any weapon or device whose
possession is prohibited by Section 12020, 12220, 12280, 12303,
12320, 12321, 12355, or 12520 in any newspaper, magazine, circular,
form letter, or open publication that is published, distributed, or
circulated in this state, or on any billboard, card, label, or other
advertising medium, or by means of any other advertising device.
12021.  (a) (1) Any person who has been convicted of a felony under
the laws of the United States, of the State of California, or any
other state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, who owns, purchases, receives, or
has in his or her possession or under his or her custody or control
any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9,
646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034,
Section 12040, subdivision (b) of Section 12072, subdivision (a) of
former Section 12100, Section 12220, 12320, or 12590, or Section
8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her custody or control, any firearm
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this subdivision.  However, the prohibition in this
paragraph may be reduced, eliminated, or conditioned as provided in
paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge who
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.
   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.
   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, any offense
enumerated in paragraph (1) of subdivision (c), or any offense
described in subdivision (a) of Section 12025, subdivision (a) of
Section 12031, or subdivision (a) of Section 12034, shall not own, or
have in his or her possession or under his or her custody or
control, any firearm until the age of 30 years.  A violation of this
subdivision shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.
  The juvenile court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
subdivision.  Notwithstanding any other law, the forms required to be
submitted to the department pursuant to this subdivision may be used
to determine eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, or
issued pursuant to Section 136.2 or 646.91 of this code, or by a
protective order issued pursuant to Section 15657.03 of the Welfare
and Institutions Code, is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not exceeding one year or
in the state prison, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) 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.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the Judicial Council, the California Alliance Against Domestic
Violence, prosecutors, and law enforcement, probation, and parole
officers, shall develop a protocol for the implementation of the
provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
12021.1.  (a) Notwithstanding subdivision (a) of Section 12021, any
person who has been previously convicted of any of the offenses
listed in subdivision (b) and who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.  A dismissal of an accusatory pleading pursuant
to Section 1203.4a involving an offense set forth in subdivision (b)
does not affect the finding of a previous conviction.  If probation
is granted, or if the imposition or execution of sentence is
suspended, it shall be a condition of the probation or suspension
that the defendant serve at least six months in a county jail.
   (b) As used in this section, a violent offense includes any of the
following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape.
   (4) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
   (5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
   (6) Lewd acts on a child under the age of 14 years.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been charged
and proven, or any felony in which the defendant uses a firearm
which use has been charged and proven.
   (9) Attempted murder.
   (10) Assault with intent to commit rape or robbery.
   (11) Assault with a deadly weapon or instrument on a peace
officer.
   (12) Assault by a life prisoner on a noninmate.
   (13) Assault with a deadly weapon by an inmate.
   (14) Arson.
   (15) Exploding a destructive device or any explosive with intent
to injure.
   (16) Exploding a destructive device or any explosive causing great
bodily injury.
   (17) Exploding a destructive device or any explosive with intent
to murder.
   (18) Robbery.
   (19) Kidnapping.
   (20) Taking of a hostage by an inmate of a state prison.
   (21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
   (22) Any felony in which the defendant personally used a dangerous
or deadly weapon.
   (23) Escape from a state prison by use of force or violence.
   (24) Assault with a deadly weapon or force likely to produce great
bodily injury.
   (25) Any felony violation of Section 186.22.
   (26) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (27) Any offense enumerated in subdivision (a), (b), or (d) of
Section 12001.6.
   (28) Carjacking.
   (29) Any offense enumerated in subdivision (c) of Section 12001.6
if the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
   (c) Any person previously convicted of any of the offenses listed
in subdivision (b) which conviction results from certification by the
juvenile court for prosecution as an adult in adult court under the
provisions of Section 707 of the Welfare and Institutions Code, who
owns or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.  If probation is granted,
or if the imposition or execution of sentence is suspended, it shall
be a condition of the probation or suspension that the defendant
serve at least six months in a county jail.
   (d) The court shall apply the minimum sentence as specified in
subdivisions (a) and (c) except in unusual cases where the interests
of justice would best be served by granting probation or suspending
the imposition or execution of sentence without the imprisonment
required by subdivisions (a) and (c), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (c), in which case
the court shall specify on the record and shall enter on the minutes
the circumstances indicating that the interests of justice would
best be served by the disposition.
12021.3.  (a) (1) 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 to him or her shall make
application for a determination by the Department of Justice as to
whether he or she is eligible to possess a firearm. The application
shall include the following:
   (A) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
   (B) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, he or she shall also
provide his or her country of citizenship and his or her alien
registration or I-94 number.
   (C) If the firearm is a handgun, the firearm's make, model,
caliber, barrel length, handgun type, country of origin, and serial
number.
   (D) 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 state of
residence, or a copy of the applicant's state identification card
from the state of residence. Copies of the documents provided by
non-California residents shall be notarized.
   (E) The name of the court or law enforcement agency holding the
firearm.
   (F) The signature of the applicant and the date of signature.
   (G) 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 subparagraph (D) of
paragraph (1) of subdivision (a) shall be guilty of a misdemeanor.
   (2) 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 as defined in Section 12071.
   (3) 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 subparagraph (D) of
paragraph (1) of subdivision (a) is punishable as a misdemeanor.
   (b) No law enforcement agency or court that has taken custody of
any firearm may return the firearm to any individual unless the
following requirements are satisfied:
   (1) That individual presents to the agency or court notification
of a determination by the department pursuant to subdivision (e) that
the person is eligible to possess firearms.
   (2) If the agency or court has direct access to the Automated
Firearms System, the agency or court has verified that the firearm is
not listed as stolen pursuant to Section 11108, and that the firearm
has been recorded in the Automated Firearms System in the name of
the individual who seeks its return.
   (3) If the firearm has been reported lost or stolen pursuant to
Section 11108, a law enforcement agency shall notify the owner or
person entitled to possession pursuant to Section 11108.5. However,
that person shall provide proof of eligibility to possess a firearm
pursuant to subdivision (e). Nothing in this subdivision shall
prevent the local law enforcement agency from charging the rightful
owner or person entitled to possession of the firearm the fees
described in subdivision (j). However, individuals who are applying
for a background check to retrieve a firearm that comes into the
custody or control of the court or law enforcement agency pursuant to
subdivision (a) shall be exempt from the fees in subdivision (c)
provided that the court or agency determines the firearm was reported
stolen to a law enforcement agency prior to the date the firearm
came into custody or control of the court or law enforcement agency
or within five business days of the firearm being stolen from its
owner. The court or agency shall notify the Department of Justice of
this fee exemption in a manner prescribed by the department.
   (c) The Department of Justice shall establish a fee of twenty
dollars ($20) per request for return of a firearm, plus a
three-dollar ($3) charge for each additional handgun being processed
as part of the request to return a firearm, to cover its costs for
processing firearm clearance determinations submitted pursuant to
this section. The fees shall be deposited into the Dealers' Record of
Sale Special Account. The department may increase the fee by using
the California Consumer Price Index as compiled and reported by the
California Department of Industrial Relations to determine an annual
rate of increase. Any fee increase shall be rounded to the nearest
dollar.
   (d) When the Department of Justice receives a completed
application pursuant to subdivision (a) accompanied with the fee
required pursuant to subdivision (c), it shall conduct an eligibility
check of the applicant to determine whether the applicant is
eligible to possess firearms.
   (e) (1) If the department determines that the applicant is
eligible to possess the firearm, the department shall provide the
applicant with written notification that includes the following:
   (A) The identity of the applicant.
   (B) A statement that the applicant is eligible to possess a
firearm.
   (C) If the firearm is a handgun, a description of the handgun by
make, model, and serial number.
   (2) If the firearm is a handgun, the department shall enter a
record of the handgun into the Automated Firearms System.
   (3) The department shall have 30 days from the date of receipt to
complete the background check unless delayed by circumstances beyond
the control of the department. The applicant may contact the
department to inquire about the reason for the delay.
   (f) If the department denies the application, and the firearm is
an otherwise legal firearm, the department shall notify the applicant
of the denial and provide a form for the applicant to use to sell or
transfer the firearm to a licensed dealer as defined in Section
12071. The applicant may contact the department to inquire about the
reason for the denial.
   (g) Notwithstanding any other provision of law, no law enforcement
agency or court shall be required to retain a firearm for more than
180 days after the owner of the firearm has been notified by the
court or law enforcement agency that the firearm has been made
available for return. An unclaimed firearm may be disposed of after
the 180-day period has expired.
   (h) Notwithstanding Section 11106, the department may retain
personal information about an applicant in connection with a claim
for a firearm that is not a handgun to allow for law enforcement
confirmation of compliance with this section. The information
retained may include personal identifying information regarding the
individual applying for the clearance, but may not include
information that identifies any particular firearm that is not a
handgun.
   (i) (1) If a law enforcement agency determines that the applicant
is the legal owner of any firearm deposited with the law enforcement
agency and is prohibited from possessing any firearm and the firearm
is an otherwise legal firearm, the applicant shall be entitled to
sell or transfer the firearm to a licensed dealer as defined in
Section 12071.
   (2) If the firearm has been lost or stolen, the firearm shall be
restored to the lawful owner pursuant to Section 11108.5 upon his or
her identification of the firearm and proof of ownership, and proof
of eligibility to possess a firearm pursuant to subdivision (e).
Nothing in this subdivision shall prevent the local law enforcement
agency from charging the rightful owner of the firearm the fees
described in subdivision (j).
   (3) Subdivision (a) of Section 12070 shall not apply to
deliveries, transfers, or returns of firearms made by a court or a
law enforcement agency pursuant to this section.
   (4) Subdivision (d) of Section 12072 shall not apply to
deliveries, transfers, or returns of firearms made pursuant to this
section.
   (j) (1) A city, county, or city and county, or a state agency may
adopt a regulation, ordinance, or resolution imposing a charge equal
to its administrative costs relating to the seizure, impounding,
storage, or release of firearms. The fees shall not exceed the actual
costs incurred for the expenses directly related to taking
possession of a firearm, storing the firearm, and surrendering
possession of the firearm to a licensed firearms dealer or to the
owner. Those administrative costs may be waived by the local or state
agency upon verifiable proof that the firearm was reported stolen at
the time the firearm came into the custody or control of the law
enforcement agency.
   (2) The following apply to any charges imposed for administrative
costs pursuant to this subdivision:
   (A) The charges shall only be imposed on the person claiming title
to the firearms.
   (B) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
   (C) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
   (D) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a firearm unless that
hearing or appeal was requested in writing by the legal owner of the
firearm. In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
   (3) No costs for any hearing or appeal related to the release of a
firearm shall be charged to the legal owner who redeems the firearm
unless the legal owner voluntarily requests the post storage hearing
or appeal. No city, county, city and county, or state agency shall
require a legal owner to request a poststorage hearing as a
requirement for release of the firearm to the legal owner.
   (k) In a proceeding for the return of a firearm seized and not
returned pursuant to this section, where the defendant or
cross-defendant is a law enforcement agency, the court shall award
reasonable attorney's fees to the prevailing party.
12021.5.  (a) Every person who carries a loaded or unloaded firearm
on his or her person, or in a vehicle, during the commission or
attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment in the state prison for one, two, or three years in the
court's discretion.  The court shall impose the middle term unless
there are circumstances in aggravation or mitigation.  The court
shall state the reasons for its enhancement choice on the record at
the time of sentence.
   (b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years in the court's discretion.  The court
shall impose the middle term unless there are circumstances in
aggravation or mitigation.  The court shall state the reasons for its
enhancement choice on the record at the time of sentence.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
   (A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
   (B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
   (2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
   (B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
   (3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
   (B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
   (C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
   (4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
   (5) "Rifle" shall have the same meaning as specified in paragraph
(20) of subdivision (c) of Section 12020.
   (6) "Shotgun" shall have the same meaning as specified in
paragraph (21) of subdivision (c) of Section 12020.
12022.  (a) (1) Except as provided in subdivisions (c) and (d), any
person who is armed with a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for one year, unless the
arming is an element of that offense.  This additional term shall
apply to any person who is a principal in the commission of a felony
or attempted felony if one or more of the principals is armed with a
firearm, whether or not the person is personally armed with a
firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 12276 or Section 12276.1, or a machinegun, as defined in
Section 12200, or a .50 BMG rifle, as defined in Section 12278, the
additional and consecutive term described in this subdivision shall
be three years whether or not the arming is an element of the offense
of which the person was convicted.  The additional term provided in
this paragraph shall apply to any person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with an assault weapon or machinegun, or a .50
BMG rifle, whether or not the person is personally armed with an
assault weapon or machinegun, or a .50 BMG rifle.
   (b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment in the
state prison for one year, unless use of a deadly or dangerous
weapon is an element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be
one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Section 12028.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
of a violation or attempted violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall be punished by an additional and
consecutive term of imprisonment in the state prison for three,
four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive term of imprisonment in the state prison for one, two, or
three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.
12022.1.  (a) For the purposes of this section only:
   (1) "Primary offense" means a felony offense for which a person
has been released from custody on bail or on his or her own
recognizance prior to the judgment becoming final, including the
disposition of any appeal, or for which release on bail or his or her
own recognizance has been revoked.  In cases where the court has
granted a stay of execution of a county jail commitment or state
prison commitment, "primary offense" also means a felony offense for
which a person is out of custody during the period of time between
the pronouncement of judgment and the time the person actually
surrenders into custody or is otherwise returned to custody.
   (2) "Secondary offense" means a felony offense alleged to have
been committed while the person is released from custody for a
primary offense.
   (b) Any person arrested for a secondary offense which was alleged
to have been committed while that person was released from custody on
a primary offense shall be subject to a penalty enhancement of an
additional two years in state prison which shall be served
consecutive to any other term imposed by the court.
   (c) The enhancement allegation provided in subdivision (b) shall
be pleaded in the information or indictment which alleges the
secondary offense, or in the information or indictment of the primary
offense if a conviction has already occurred in the secondary
offense, and shall be proved as provided by law.  The enhancement
allegation may be pleaded in a complaint but need not be proved at
the preliminary hearing or grand jury hearing.
   (d) Whenever there is a conviction for the secondary offense and
the enhancement is proved, and the person is sentenced on the
secondary offense prior to the conviction of the primary offense, the
imposition of the enhancement shall be stayed pending imposition of
the sentence for the primary offense.  The stay shall be lifted by
the court hearing the primary offense at the time of sentencing for
that offense and shall be recorded in the abstract of judgment.  If
the person is acquitted of the primary offense the stay shall be
permanent.
   (e) If the person is convicted of a felony for the primary
offense, is sentenced to state prison for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be consecutive to the
primary sentence.
   (f) If the person is convicted of a felony for the primary
offense, is granted probation for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be enhanced as provided in
subdivision (b).
   (g) If the primary offense conviction is reversed on appeal, the
enhancement shall be suspended pending retrial of that felony.  Upon
retrial and reconviction, the enhancement shall be reimposed.  If the
person is no longer in custody for the secondary offense upon
reconviction of the primary offense, the court may, at its
discretion, reimpose the enhancement and order him or her recommitted
to custody.
12022.2.  (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed primarily to
penetrate metal or armor, shall upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony, be punished by an
additional term of 3, 4, or 10 years.  The court shall order the
middle term unless there are circumstances in aggravation or
mitigation.  The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
   (b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in subdivision
(b) of Section 12021.1, shall, upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or she has
been convicted, be punished by an additional term of one, two, or
five years.  The court shall order the middle term unless there are
circumstances in aggravation or mitigation.  The court shall state
the reasons for its enhancement choice on the record at the time of
the sentence.
   (c) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.
12022.3.  For each violation or attempted violation of Section 261,
262, 264.1, 286, 288, 288a, or 289, and in addition to the sentence
provided, any person shall receive the following:
   (a) A 3-, 4-, or 10-year enhancement if the person uses a firearm
or a deadly weapon in the commission of the violation.
   (b) A one-, two-, or five-year enhancement if the person is armed
with a firearm or a deadly weapon.  The court shall order the middle
term unless there are circumstances in aggravation or mitigation.
The court shall state the reasons for its enhancement choice on the
record at the time of the sentence.
12022.4.  Any person who, during the commission or attempted
commission of a felony, furnishes or offers to furnish a firearm to
another for the purpose of aiding, abetting, or enabling that person
or any other person to commit a felony shall, in addition and
consecutive to the punishment prescribed by the felony or attempted
felony of which the person has been convicted, be punished by an
additional term of one, two, or three years in the state prison.  The
court shall order the middle term unless there are circumstances in
aggravation or mitigation.  The court shall state the reasons for its
enhancement choice on the record at the time of the sentence.  The
additional term provided in this section shall not be imposed unless
the fact of the furnishing is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
12022.5.  (a) Except as provided in subdivision (b), any person who
personally uses a firearm in the commission of a felony or attempted
felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for 3, 4, or 10 years, unless use of
a firearm is an element of that offense.
   (b) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 12276 or Section
12276.1, or a machinegun, as defined in Section 12200, in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
   (c) Notwithstanding Section 1385 or any other provisions of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great
bodily injury or death.
   (e) When a person is found to have personally used a firearm, an
assault weapon, a machinegun, or a .50 BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by
that person, the court shall order that the firearm be deemed a
nuisance and disposed of in the manner provided in Section 12028.
   (f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
12022.53.  (a) This section applies to the following felonies:
   (1) Section 187 (murder).
   (2) Section 203 or 205 (mayhem).
   (3) Section 207, 209, or 209.5 (kidnapping).
   (4) Section 211 (robbery).
   (5) Section 215 (carjacking).
   (6) Section 220 (assault with intent to commit a specified
felony).
   (7) Subdivision (d) of Section 245 (assault with a firearm on a
peace officer or firefighter).
   (8) Section 261 or 262 (rape).
   (9) Section 264.1 (rape or sexual penetration in concert).
   (10) Section 286 (sodomy).
   (11) Section 288 or 288.5 (lewd act on a child).
   (12) Section 288a (oral copulation).
   (13) Section 289 (sexual penetration).
   (14) Section 4500 (assault by a life prisoner).
   (15) Section 4501 (assault by a prisoner).
   (16) Section 4503 (holding a hostage by a prisoner).
   (17) Any felony punishable by death or imprisonment in the state
prison for life.
   (18) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (b) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
uses a firearm, shall be punished by an additional and consecutive
term of imprisonment in the state prison for 10 years.  The firearm
need not be operable or loaded for this enhancement to apply.
   (c) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
and intentionally discharges a firearm, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 20 years.
   (d) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), Section
246, or subdivision (c) or (d) of Section 12034, personally and
intentionally discharges a firearm and proximately causes great
bodily injury, as defined in Section 12022.7, or death, to any person
other than an accomplice, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 25 years to
life.
   (e) (1) The enhancements provided in this section shall apply to
any person who is a principal in the commission of an offense if both
of the following are pled and proved:
   (A) The person violated subdivision (b) of Section 186.22.
   (B) Any principal in the offense committed any act specified in
subdivision (b), (c), or (d).
   (2) An enhancement for participation in a criminal street gang
pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of
Part 1 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this subdivision, unless the person
personally used or personally discharged a firearm in the commission
of the offense.
   (f) Only one additional term of imprisonment under this section
shall be imposed per person for each crime.  If more than one
enhancement per person is found true under this section, the court
shall impose upon that person the enhancement that provides the
longest term of imprisonment.  An enhancement involving a firearm
specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or
12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section.  An enhancement for
great bodily injury as defined in Section 12022.7, 12022.8, or
12022.9 shall not be imposed on a person in addition to an
enhancement imposed pursuant to subdivision (d).
   (g) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person found to come within the provisions of
this section.
   (h) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (i) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not
exceed 15 percent of the total term of imprisonment imposed on a
defendant upon whom a sentence is imposed pursuant to this section.
   (j) For the penalties in this section to apply, the existence of
any fact required under subdivision (b), (c), or (d) shall be alleged
in the information or indictment and either admitted by the
defendant in open court or found to be true by the trier of fact.
When an enhancement specified in this section has been admitted or
found to be true, the court shall impose punishment pursuant to this
section rather than imposing punishment authorized under any other
provision of law, unless another provision of law provides for a
greater penalty or a longer term of imprisonment.
   (k) When a person is found to have used or discharged a firearm in
the commission of an offense that includes an allegation pursuant to
this section and the firearm is owned by that person, a
coparticipant, or a coconspirator, the court shall order that the
firearm be deemed a nuisance and disposed of in the manner provided
in Section 12028.
   (l) The enhancements specified in this section shall not apply to
the lawful use or discharge of a firearm by a public officer, as
provided in Section 196, or by any person in lawful self-defense,
lawful defense of another, or lawful defense of property, as provided
in Sections 197, 198, and 198.5.
12022.55.  Notwithstanding Section 12022.5, any person who, with the
intent to inflict great bodily injury or death, inflicts great
bodily injury, as defined in Section 12022.7, or causes the death of
a person, other than 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 an additional and
consecutive term of imprisonment in the state prison for 5, 6, or 10
years.
12022.6.  (a) When any person takes, damages, or destroys any
property in the commission or attempted commission of a felony, with
the intent to cause that taking, damage, or destruction, the court
shall impose an additional term as follows:
   (1) If the loss exceeds fifty thousand dollars ($50,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of one year.
   (2) If the loss exceeds one hundred fifty thousand dollars
($150,000), the court, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which the defendant
has been convicted, shall impose an additional term of two years.
   (3) If the loss exceeds one million dollars ($1,000,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of three years.
   (4) If the loss exceeds two million five hundred thousand dollars
($2,500,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
four years.
   (b) In any accusatory pleading involving multiple charges of
taking, damage, or destruction, the additional terms provided in this
section may be imposed if the aggregate losses to the victims from
all felonies exceed the amounts specified in this section and arise
from a common scheme or plan.  All pleadings under this section shall
remain subject to the rules of joinder and severance stated in
Section 954.
   (c) The additional terms provided in this section shall not be
imposed unless the facts of the taking, damage, or destruction in
excess of the amounts provided in this section are charged in the
accusatory pleading and admitted or found to be true by the trier of
fact.
   (d) This section applies to, but is not limited to, property
taken, damaged, or destroyed in violation of Section 502 or
subdivision (b) of Section 502.7.  This section shall also apply to
applicable prosecutions for a violation of Section 350, 653h, 653s,
or 653w.
   (e) For the purposes of this section, the term "loss" has the
following meanings:
   (1) When counterfeit items of computer software are manufactured
or possessed for sale, the "loss" from the counterfeiting of those
items shall be equivalent to the retail price or fair market value of
the true items that are counterfeited.
   (2) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "loss" from the counterfeiting of those components of
computer software packages shall be equivalent to the retail price or
fair market value of the number of completed computer software
packages that could have been made from those components.
   (f) It is the intent of the Legislature that the provisions of
this section be reviewed within 10 years to consider the effects of
inflation on the additional terms imposed.  For that reason, this
section shall remain in effect only until January 1, 2008, and as of
that date is repealed unless a later enacted statute, which is
enacted before January 1, 2008, deletes or extends that date.
12022.7.  (a) Any person who personally inflicts great bodily injury
on any person other than an accomplice in the commission of a felony
or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three years.
   (b) Any person who personally inflicts great bodily injury  on any
person other than an accomplice in the commission of a felony or
attempted felony which causes the victim to become comatose due to
brain injury or to suffer paralysis of a permanent nature, shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years.  As used in this subdivision,
"paralysis" means a major or complete loss of motor function
resulting from injury to the nervous system or to a muscular
mechanism.
   (c) Any person who personally inflicts great bodily injury on a
person who is 70 years of age or older, other than an accomplice, in
the commission of a felony or attempted felony shall be punished by
an additional and consecutive term of imprisonment in the state
prison for five years.
   (d) Any person who personally inflicts great bodily injury on a
child under the age of five years in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for four, five, or six
years.
   (e) Any person who personally inflicts great bodily injury under
circumstances involving domestic violence in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three, four,
or five years.  As used in this subdivision, "domestic violence" has
the meaning provided in subdivision (b) of Section 13700.
   (f) As used in this section, "great bodily injury" means a
significant or substantial physical injury.
   (g) This section shall not apply to murder or manslaughter or a
violation of Section 451 or 452.  Subdivisions (a), (b), (c), and (d)
shall not apply if infliction of great bodily injury is an element
of the offense.
   (h) The court shall impose the additional terms of imprisonment
under either subdivision (a), (b), (c), or (d), but may not impose
more than one of those terms for the same offense.
12022.75.  Any person who, for the purpose of committing a felony,
administers by injection, inhalation, ingestion, or any other means,
any controlled substance listed in Section 11054, 11055, 11056,
11057, or 11058 of the Health and Safety Code, against the victim's
will by means of force, violence, or fear of immediate and unlawful
bodily injury to the victim or another person, shall, in addition and
consecutive to the penalty provided for the felony or attempted
felony of which he or she has been convicted, be punished by an
additional term of three years.
12022.8.  Any person who inflicts great bodily injury, as defined in
Section 12022.7, on any victim in a violation or attempted violation
of paragraph (2), (3), or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (b) of Section 288, subdivision (a) of Section
289, or sodomy or oral copulation by force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person as provided in Section 286 or 288a shall receive a
five-year enhancement for each such violation in addition to the
sentence provided for the felony conviction.
12022.85.  (a) Any person who violates one or more of the offenses
listed in subdivision (b) with knowledge that he or she has acquired
immune deficiency syndrome (AIDS) or with the knowledge that he or
she carries antibodies of the human immunodeficiency virus at the
time of the commission of those offenses, shall receive a three-year
enhancement for each violation in addition to the sentence provided
under those sections.
   (b) Subdivision (a) applies to the following crimes:
   (1) Rape in violation of Section 261.
   (2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5.
   (3) Rape of a spouse in violation of Section 262.
   (4) Sodomy in violation of Section 286.
   (5) Oral copulation in violation of Section 288a.
   (c) For purposes of proving the knowledge requirement of this
section, the prosecuting attorney may use test results received under
subdivision (c) of Section 1202.1 or subdivision (g) of Section
1202.6.
12022.9.  Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years.  The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
   Nothing in this  section shall be construed as affecting the
applicability of subdivision (a) of Section 187.
12022.95.  Any person convicted of a violation of Section 273a, who
under circumstances or conditions likely to produce great bodily harm
or death, willfully causes or permits any child to suffer, or
inflicts thereon unjustifiable physical pain or injury that results
in death, or having the care or custody of any child, under
circumstances likely to produce great bodily harm or death, willfully
causes or permits that child to be injured or harmed, and that
injury or harm results in death, shall receive a four-year
enhancement for each violation, in addition to the sentence provided
for that conviction.  Nothing in this paragraph shall be construed as
affecting the applicability of subdivision (a) of Section 187 or
Section 192.  This section shall not apply unless the allegation is
included within an accusatory pleading and admitted by the defendant
or found to be true by the trier of fact.
12023.  (a) Every person who carries a loaded firearm with the
intent to commit a felony is guilty of armed criminal action.
   (b) Armed criminal action is punishable by imprisonment in a
county jail not exceeding one year, or in the state prison.
12024.  Every person having upon him or her any deadly weapon, with
intent to assault another, is guilty of a misdemeanor.
12025.  (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:
   (1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
   (3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (b) Carrying a concealed firearm in violation of this section is
punishable, as follows:
   (1) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
   (2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
   (3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
   (5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
   (6) By imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment if
both of the following conditions are met:
   (A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.
   (B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
   (7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(b) is met.
   (d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a county jail for at
least three months and not exceeding six months, or, if granted
probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned in a county jail for at least three months.
   (2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
   (e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
   (f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
   (g) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm.  A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
   (h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
   (2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
   (3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed.
12025.5.  (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety.  This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety.  It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
   (b) Upon trial for violating Section 12025, the  trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.
12026.  (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.
   (b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code, to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person within the citizen's or legal resident's place of
residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.
   (c) Nothing in this section shall be construed as affecting the
application of Section 12031.
12026.1.  (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, from
transporting or carrying any pistol, revolver, or other firearm
capable of being concealed upon the person, provided that the
following applies to the firearm:
   (1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
   (2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
   (b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
   (c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.
12026.2.  (a) Section 12025 does not apply to, or affect, any of the
following:
   (1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or entertainment
event when the participant lawfully uses the firearm as part of that
production or event or while going directly to, or coming directly
from, that production or event.
   (2) The possession of a firearm in a locked container by a member
of any club or organization, organized for the purpose of lawfully
collecting and lawfully displaying pistols, revolvers, or other
firearms, while the member is at meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
   (3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm.
   (4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.
   (5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm.
   (6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully
received that firearm to that person's place of residence or place of
business or to private property owned or lawfully possessed by that
person.
   (7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
   (8) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production or
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.
   (9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
   (10) The transportation of a firearm by a person when going
directly to, or coming directly from, a place designated by a person
authorized to issue licenses pursuant to Section 12050 when done at
the request of the issuing agency so that the issuing agency can
determine whether or not a license should be issued to that person to
carry that firearm.
   (11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite. This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.
   (12) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
   (13) The transportation of a firearm by a person in order to
utilize subdivision (l) of Section 12078 as it pertains to that
firearm.
   (14) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event, as defined
in Section 478.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with subdivision (d) of Section 12072.
   (15) The transportation of a firearm by a person in order to
utilize paragraph (6) of subdivision (a) of Section 12078 as it
pertains to that firearm.
   (16) The transportation of a firearm by a person who finds the
firearm in order to comply with Article 1 (commencing with Section
2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to
that firearm and if that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the
law enforcement agency.
   (17) The transportation of a firearm by a person in order to
comply with paragraph (2) of subdivision (f) of Section 12072 as it
pertains to that firearm.
   (18) The transportation of a firearm by a person who finds the
firearm and is transporting it to a law enforcement agency for
disposition according to law, if he or she gives prior notice to the
law enforcement agency that he or she is transporting the firearm to
the law enforcement agency for disposition according to law.
   (19) The transportation of a firearm by a person in order to
comply with paragraph (3) of subdivision (f) of Section 12072 as it
pertains to that firearm.
   (20) The transportation of a firearm by a person for the purpose
of obtaining an identification number or mark assigned for that
firearm from the Department of Justice pursuant to Section 12092.
   (b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
   (c) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any pistol, revolver, or other firearm
capable of being concealed upon the person in accordance with this
chapter.
   (d) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.
12027.  Section 12025 does not apply to, or affect, any of the
following:
   (a) (1) (A) Any peace officer, listed in Section 830.1 or 830.2,
or subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she is
actually engaged in assisting that officer.  Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired.  The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this subdivision.  As used in
this section and Section 12031, the term "honorably retired" includes
all peace officers who have qualified for, and have accepted, a
service or disability retirement.  For purposes of this section and
Section 12031, the term "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
   (B) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a concealed
firearm.
   (C) No endorsement or renewal endorsement issued pursuant to
paragraph (2) shall be effective unless it is in the format set forth
in subparagraph (D), except that any peace officer listed in
subdivision (f) of Section 830.2 or in subdivision (c) of Section
830.5, who is retired between January 2, 1981, and on or before
December 31, 1988, and who is authorized to carry a concealed firearm
pursuant to this section, shall not be required to have an
endorsement in the format set forth in subparagraph (D) until the
time of the issuance, on or after January 1, 1989, of a renewal
endorsement pursuant to paragraph (2).
   (D) A certificate issued pursuant to this paragraph for persons
who are not listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 or for persons
retiring after January 1, 1981, shall be in the following format:  it
shall be on a 2X3 inch card, bear the photograph of the retiree, the
retiree's name, address, date of birth, the date that the retiree
retired, name and address of the agency from which the retiree
retired, have stamped on it the endorsement "CCW Approved" and the
date the endorsement is to be renewed.
   (E) For purposes of this section and Section 12031, "CCW" means
"carry concealed weapons."
   (2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for the renewal of his or her privilege
to carry a concealed firearm every five years.  An honorably retired
peace officer listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 who retired prior
to January 1, 1981, shall not be required to obtain an endorsement
from the issuing agency to carry a concealed firearm.  The agency
from which a peace officer is honorably retired may, upon initial
retirement of that peace officer, or at any time subsequent thereto,
deny or revoke for good cause the retired officer's privilege to
carry a concealed firearm.  A peace officer who is listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall have
his or her privilege to carry a concealed firearm denied or revoked
by having the agency from which the officer retired stamp on the
officer's identification certificate "No CCW privilege."
   (3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry concealed
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a concealed firearm.  The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
   (b) The possession or transportation of unloaded pistols,
revolvers, or other firearms capable of being concealed upon the
person as merchandise by a person who is engaged in the business of
manufacturing, importing, wholesaling, repairing, or dealing in
firearms and who is licensed to engage in that business or the
authorized representative or authorized agent of that person while
engaged in the lawful course of the business.
   (c) Members of the Army, Navy, Air Force, Coast Guard, or Marine
Corps of the United States, or the National Guard, when on duty, or
organizations which are by law authorized to purchase or receive
those weapons from the United States or this state.
   (d) The carrying of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person by duly authorized
military or civil organizations while parading, or the members
thereof when going to and from the places of meeting of their
respective organizations.
   (e) 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 thing of value within this state.
   (f) Members of any club or organization organized for the purpose
of practicing shooting at targets upon established target ranges,
whether public or private, while the members are using pistols,
revolvers, or other firearms capable of being concealed upon the
person upon the target ranges, or transporting these firearms
unloaded when going to and from the ranges.
   (g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.
   (h) Transportation of unloaded firearms by a person operating a
licensed common carrier or an authorized agent or employee thereof
when transported in conformance with applicable federal law.
   (i) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
   Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a concealed
firearm.
   Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that he or she may carry
a concealed firearm in accordance with this subdivision.  The permit
shall be valid for a period not exceeding five years, shall be
carried by the retiree while carrying a concealed firearm, and may be
revoked for good cause.
   The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause.  The sheriff may charge a
fee necessary to cover any reasonable expenses incurred by the
county.
   (j) The carrying of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person who is authorized to
carry that weapon in a concealed manner pursuant to Article 3
(commencing with Section 12050).
12027.1.  (a) (1) (A) (i) Any peace officer employed by an agency
and listed in Section 830.1 or 830.2 or subdivision (c) of Section
830.5 who retired after January 1, 1981, shall have an endorsement on
the identification certificate stating that the issuing agency
approves the officer's carrying of a concealed and loaded firearm.
   (ii) Any peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in paragraph (2) of
subdivision (a) of Section 12027.
   (iii) Peace officers not listed in clause (i) or (ii) who were
authorized to, and did, carry firearms during the course and scope of
their employment as peace officers, shall have an endorsement on the
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
   (B) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be revoked or denied by the issuing agency only upon a showing of
good cause.  Good cause shall be determined at a hearing, as
specified in subdivision (d).
   (2) A retired peace officer may have his or her privilege to carry
a concealed and loaded firearm revoked or denied by violating any
departmental rule, or state or federal law that, if violated by an
officer on active duty, would result in that officer's arrest,
suspension, or removal from the agency.
   (b) (1) An identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement may be revoked
or denied by the issuing agency only upon a showing of good cause.
Good cause shall be determined at a hearing, as specified in
subdivision (d).
   (2) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be revoked only
after a hearing, as specified in subdivision (d).  Any retired peace
officer whose identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement is to be
revoked shall have 15 days to respond to the notice of the hearing.
Notice of the hearing shall be served either personally on the
retiree or sent by first-class mail, postage prepaid, return receipt
requested to the retiree's last known place of residence.  Upon the
date the agency receives the signed registered receipt or upon the
date the notice is served personally on the retiree, the retiree
shall have 15 days to respond to the notification.  A retired peace
officer who fails to respond to the notice of the hearing shall
forfeit his or her right to respond.
   (3) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be denied prior
to a hearing.  If a hearing is not conducted prior to the denial of
an endorsement, a retired peace officer, within 15 days of the
denial, shall have the right to request a hearing.  A retired peace
officer who fails to request a hearing pursuant to this paragraph
shall forfeit his or her right to the hearing.
   (c) A retired peace officer, when notified of the revocation of
his or her privilege to carry a concealed and loaded firearm, after
the hearing, or upon forfeiting his or her right to a hearing, shall
immediately surrender to the issuing agency his or her identification
certificate.  The issuing agency shall reissue a new identification
certificate without an endorsement.  However, if the peace officer
retired prior to January 1, 1981, and was at the time of his or her
retirement a peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5, the issuing agency shall stamp on
the identification certificate "No CCW privilege."
   (d) Any hearing conducted under this section shall be held before
a three-member hearing board.  One member of the board shall be
selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization.  The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
   Any decision by the board shall be binding on the agency and the
retired peace officer.
   (e) No peace officer who is retired after January 1, 1989, because
of a psychological disability shall be issued an endorsement to
carry a concealed and loaded firearm pursuant to this section.
12028.  (a) The unlawful concealed carrying upon the person of any
explosive substance, other than fixed ammunition, dirk, or dagger, as
provided in Section 12020, the unlawful carrying of any handguns in
violation of Section 12025, and the unlawful possession or carrying
of any item in violation of Section 653k is a nuisance.
   (b) (1) Except as provided in paragraph (2), a firearm of any
nature owned or possessed in violation of Section 12021, 12021.1, or
12101 of this code, or Chapter 3 (commencing with Section 8100) of
Division 5 of the Welfare and Institutions Code, or used in the
commission of any misdemeanor as provided in this code, any felony,
or an attempt to commit any misdemeanor as provided in this code or
any felony, is, upon a conviction of the defendant or upon a juvenile
court finding that an offense which would be a misdemeanor or felony
if committed by an adult was committed or attempted by the juvenile
with the use of a firearm, a nuisance.  A finding that the defendant
was guilty of the offense but was insane at the time the offense was
committed is a conviction for the purposes of this section.
   (2) A firearm is not a nuisance pursuant to this subdivision if
the firearm owner disposes of his or her firearm pursuant to
paragraph (2) of subdivision (d) of Section 12021.
   (c) Any weapon described in subdivision (a), or, upon conviction
of the defendant or upon a juvenile court finding that an offense
which would be a misdemeanor or felony if committed by an adult was
committed or attempted by the juvenile with the use of a firearm, any
weapon described in subdivision (b) shall be surrendered to the
sheriff of a county or the chief of police or other head of a
municipal police department of any city or city and county or the
chief of police of any campus of the University of California or the
California State University or the Commissioner of the California
Highway Patrol.  For purposes of this subdivision, the Commissioner
of the California Highway Patrol shall receive only weapons that were
confiscated by a member of the California Highway Patrol.  The
officers to whom the weapons are surrendered, except upon the
certificate of a judge of a court of record, or of the district
attorney of the county, that the retention thereof is necessary or
proper to the ends of justice, may annually, between the 1st and 10th
days of July, in each year, offer the weapons, which the officers in
charge of them consider to have value with respect to sporting,
recreational, or collection purposes, for sale at public auction to
persons licensed pursuant to Section 12071 to engage in businesses
involving any weapon purchased.  If any weapon has been stolen and is
thereafter recovered from the thief or his or her transferee, or is
used in a manner as to constitute a nuisance pursuant to subdivision
(a) or (b) without the prior knowledge of its lawful owner that it
would be so used, it shall not be so offered for sale but shall be
restored to the lawful owner, as soon as its use as evidence has been
served, upon his or her identification of the weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
   (d) If, under this section, a weapon is not of the type that can
be sold to the public, generally, or is not sold pursuant to
subdivision (c), the weapon, in the month of July, next succeeding,
or sooner, if necessary to conserve local resources including space
and utilization of personnel who maintain files and security of those
weapons, shall be destroyed so that it can no longer be used as such
a weapon except upon the certificate of a judge of a court of
record, or of the district attorney of the county, that the retention
of it is necessary or proper to the ends of justice.
   (e) This section does not apply to any firearm in the possession
of the Department of Fish and Game or which was used in the violation
of any provision of the Fish and Game Code or any regulation adopted
pursuant thereto, or which is forfeited pursuant to Section 5008.6
of the Public Resources Code.
   (f) No stolen weapon shall be sold or destroyed pursuant to
subdivision (c) or (d) unless reasonable notice is given to its
lawful owner, if his or her identity and address can be reasonably
ascertained.
12028.5.  (a) As used in this section, the following definitions
shall apply:
   (1) "Abuse" means any of the following:
   (A) Intentionally or recklessly to cause or attempt to cause
bodily injury.
   (B) Sexual assault.
   (C) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
   (D) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
   (2) "Domestic violence" means abuse perpetrated against any of the
following persons:
   (A) A spouse or former spouse.
   (B) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
   (C) A person with whom the respondent is having or has had a
dating or engagement relationship.
   (D) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
   (E) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
   (F) Any other person related by consanguinity or affinity within
the second degree.
   (3) "Deadly weapon" means any weapon, the possession or concealed
carrying of which is prohibited by Section 12020.
   (b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1, a peace officer of the Department of the California
Highway Patrol, as defined in subdivision (a) of Section 830.2, a
member of the University of California Police Department, as defined
in subdivision (b) of Section 830.2, an officer listed in Section
830.6 while acting in the course and scope of his or her employment
as a peace officer, a member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2, a peace
officer of the Department of Parks and Recreation, as defined in
subdivision (f) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, a peace officer, as defined in
subdivisions (a) and (b) of Section 830.32, and a peace officer, as
defined in Section 830.5, who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present. Upon taking custody of a firearm or other deadly
weapon, the officer shall give the owner or person who possessed the
firearm a receipt. The receipt shall describe the firearm or other
deadly weapon and list any identification or serial number on the
firearm. The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this section, and the date after which the owner or possessor can
recover the firearm or other deadly weapon. No firearm or other
deadly weapon shall be held less than 48 hours. Except as provided in
subdivision (f), if a firearm or other deadly weapon is not retained
for use as evidence related to criminal charges brought as a result
of the domestic violence incident or is not retained because it was
illegally possessed, the firearm or other deadly weapon shall be made
available to the owner or person who was in lawful possession 48
hours after the seizure or as soon thereafter as possible, but no
later than five business days after the owner or person who was in
lawful possession demonstrates compliance with Section 12021.3. In
any civil action or proceeding for the return of firearms or
ammunition or other deadly weapon seized by any state or local law
enforcement agency and not returned within five business days
following the initial seizure, except as provided in subdivision (d),
the court shall allow reasonable attorney's fees to the prevailing
party.
   (c) Any peace officer, as defined in subdivisions (a) and (b) of
Section 830.32, who takes custody of a firearm or deadly weapon
pursuant to this section shall deliver the firearm within 24 hours to
the city police department or county sheriff's office in the
jurisdiction where the college or school is located.
   (d) Any firearm or other deadly weapon that has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
   (e) Any firearm or other deadly weapon taken into custody and held
by a police, university police, or sheriff's department or by a
marshal's office, by a peace officer of the Department of the
California Highway Patrol, as defined in subdivision (a) of Section
830.2, by a peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, by a peace officer,
as defined in subdivision (d) of Section 830.31, or by a peace
officer, as defined in Section 830.5, for longer than 12 months and
not recovered by the owner or person who has lawful possession at the
time it was taken into custody, shall be considered a nuisance and
sold or destroyed as provided in subdivision (c) of Section 12028.
Firearms or other deadly weapons not recovered within 12 months due
to an extended hearing process as provided in subdivision (j), are
not subject to destruction until the court issues a decision, and
then only if the court does not order the return of the firearm or
other deadly weapon to the owner.
   (f) In those cases in which a law enforcement agency has
reasonable cause to believe that the return of a firearm or other
deadly weapon would be likely to result in endangering the victim or
the person reporting the assault or threat, the agency shall advise
the owner of the firearm or other deadly weapon, and within 60 days
of the date of seizure, initiate a petition in superior court to
determine if the firearm or other deadly weapon should be returned.
The law enforcement agency may make an ex parte application stating
good cause for an order extending the time to file a petition.
Including any extension of time granted in response to an ex parte
request, a petition must be filed within 90 days of the date of
seizure of the firearm or other deadly weapon.
   (g) The law enforcement agency shall inform the owner or person
who had lawful possession of the firearm or other deadly weapon, at
that person's last known address by registered mail, return receipt
requested, that he or she has 30 days from the date of receipt of the
notice to respond to the court clerk to confirm his or her desire
for a hearing, and that the failure to respond shall result in a
default order forfeiting the confiscated firearm or other deadly
weapon. For the purposes of this subdivision, the person's last known
address shall be presumed to be the address provided to the law
enforcement officer by that person at the time of the family violence
incident. In the event the person whose firearm or other deadly
weapon was seized does not reside at the last address provided to the
agency, the agency shall make a diligent, good faith effort to learn
the whereabouts of the person and to comply with these notification
requirements.
   (h) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The court
clerk shall notify the person, the law enforcement agency involved,
and the district attorney of the date, time, and place of the
hearing. Unless it is shown by a preponderance of the evidence that
the return of the firearm or other deadly weapon would result in
endangering the victim or the person reporting the assault or threat,
the court shall order the return of the firearm or other deadly
weapon and shall award reasonable attorney's fees to the prevailing
party.
   (i) If the person does not request a hearing or does not otherwise
respond within 30 days of the receipt of the notice, the law
enforcement agency may file a petition for an order of default and
may dispose of the firearm or other deadly weapon as provided in
Section 12028.
   (j) If, at the hearing, the court does not order the return of the
firearm or other deadly weapon to the owner or person who had lawful
possession, that person may petition the court for a second hearing
within 12 months from the date of the initial hearing. If there is a
petition for a second hearing, unless it is shown by clear and
convincing evidence that the return of the firearm or other deadly
weapon would result in endangering the victim or the person reporting
the assault or threat, the court shall order the return of the
firearm or other deadly weapon and shall award reasonable attorney's
fees to the prevailing party. If the owner or person who had lawful
possession does not petition the court within this 12-month period
for a second hearing or is unsuccessful at the second hearing in
gaining return of the firearm or other deadly weapon, the firearm or
other deadly weapon may be disposed of as provided in Section 12028.
   (k) The law enforcement agency, or the individual law enforcement
officer, shall not be liable for any act in the good faith exercise
of this section.
12028.7.  (a) When a firearm is taken into custody by a law
enforcement officer, the officer shall issue the person who possessed
the firearm a receipt describing the firearm, and listing any serial
number or other identification on the firearm.
   (b) The receipt shall indicate where the firearm may be recovered,
any applicable time limit for recovery, and the date after which the
owner or possessor may recover the firearm pursuant to Section
12021.3.
   (c) Nothing in this section is intended to displace any existing
law regarding the seizure or return of firearms.
12029.  Except as provided in Section 12020, blackjacks, slungshots,
billies, nunchakus, sandclubs, sandbags, shurikens, metal knuckles,
short-barreled shotguns or short-barreled rifles as defined in
Section 12020, and any other item which is listed in subdivision (a)
of Section 12020 and is not listed in subdivision (a) of Section
12028 are nuisances,  and the Attorney General, district attorney, or
city attorney may bring an action to enjoin the manufacture of,
importation of, keeping for sale of, offering or exposing for sale,
giving, lending, or possession of, any of the foregoing items.  These
weapons shall be subject to confiscation and summary destruction
whenever found within the state.  These weapons shall be destroyed in
the same manner as other weapons described in Section 12028, except
that upon the certification of a judge or of the district attorney
that the ends of justice will be subserved thereby, the weapon shall
be preserved until the necessity for its use ceases.
12030.  (a) The officer having custody of any firearms which may be
useful to the California National Guard, the Coast Guard Auxiliary,
or to any military or naval agency of the federal or state
government, including, but not limited to, the California National
Guard military museum and resource center, may, upon the authority of
the legislative body of the city, city and county, or county by
which he or she is employed and the approval of the Adjutant General,
deliver the firearms to the commanding officer of a unit of the
California National Guard, the Coast Guard Auxiliary, or any other
military agency of the state or federal government in lieu of
destruction as required by this chapter.  The officer delivering the
firearms shall take a receipt for them containing a complete
description thereof and shall keep the receipt on file in his or her
office as a public record.
   (b) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by this chapter may, in lieu of destroying the weapons,
retain and use any of them as may be useful in carrying out the
official duties of the agency, or upon approval of a court, may
release them to any other law enforcement agency for use in carrying
out the official duties of that agency, or may turn over to the
criminalistics laboratory of the Department of Justice or the
criminalistics laboratory of a police department, sheriff's office,
or district attorney's office any weapons which may be useful in
carrying out the official duties of their respective agencies.
   (c) Any firearm, or part of any firearm, which, rather than being
destroyed, is used for official purposes pursuant to this section
shall be destroyed by the agency using the weapon when it is no
longer needed by the agency for use in carrying out its official
duties.  In the case of firearms or weaponry donated to the
California National Guard military museum and resource center, they
may be disposed of pursuant to Section 179 of the Military and
Veterans Code.
   (d) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by this chapter may, in lieu of destroying the firearms,
obtain an order from the superior court directing the release of the
firearms to the sheriff.  The sheriff shall enter those weapons into
the Automated Firearms System (AFS), via the California Law
Enforcement Telecommunications System, with a complete description of
each weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the academy receiving the
weapon entered into the AFS miscellaneous field.  The sheriff shall
then release the firearms to the basic training academy certified by
the Commission on Peace Officer Standards and Training, so that the
firearms may be used for instructional purposes in the certified
courses.  As used in this section, the term "firearms" shall not
include destructive devices, as defined in Section 12301.  All
firearms released to an academy shall be under the care, custody, and
control of the particular academy.
   Any firearm, or part of any firearm, which is not destroyed, and
is used for the purposes authorized by this section, shall be
returned to the law enforcement agency which had original custody of
the firearm when it is no longer needed by the basic training
academy, or when the basic training academy is no longer certified by
the commission.  When those firearms are returned, the law
enforcement agency to whom the firearms are returned, shall on the
date of the return, enter into the Automated Firearms System (AFS),
via the California Law Enforcement Telecommunications System, a
complete description of each weapon, including the make, type,
category, caliber, and serial number of the firearms, and the name of
the entity returning the firearm.
   (e) Any law enforcement agency that retains custody of any firearm
pursuant to this section or that destroys a firearm pursuant to
Section 12028 shall notify the Department of Justice of the retention
or destruction.  This notification shall consist of a complete
description of each firearm, including the name of the manufacturer
or brand name, model, caliber, and serial number.
12031.  (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
   (2) Carrying a loaded firearm in violation of this section is
punishable, as follows:
   (A) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
   (B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
   (C) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (D) Where the person is not in lawful possession of the firearm,
as defined in this section, or is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code, as a felony.
   (E) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
   (F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the pistol,
revolver, or other firearm capable of being concealed upon the
person, by imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed one
thousand dollars ($1,000), or both that fine and imprisonment.
   (G) In all cases other than those specified in subparagraphs (A)
to (F), inclusive, as a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully acquired and lawfully owns the firearm or has
the permission of the lawful owner or person who otherwise has
apparent authority to possess or have custody of the firearm.  A
person who takes a firearm without the permission of the lawful owner
or without the permission of a person who has lawful custody of the
firearm does not have lawful possession of the firearm.
   (4) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a greater
penalty than this section.
   (5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a warrant:
   (i) When the person arrested has violated this section, although
not in the officer's presence.
   (ii) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
   (B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable
cause to believe that the person is carrying a loaded pistol,
revolver, or other firearm capable of being concealed upon the person
in violation of this section and that person is not listed with the
Department of Justice pursuant to paragraph (1) of subdivision (c) of
Section 11106 as the registered owner of that pistol, revolver, or
other firearm capable of being concealed upon the person.
   (6) (A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, shall
serve a term of at least three months in a county jail, or, if
granted probation or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for a period of at least three months.
   (B) The court shall apply the three-month minimum sentence except
in unusual cases where the interests of justice would best be served
by granting probation or suspending the imposition or execution of
sentence without the minimum imprisonment required in this
subdivision or by granting probation or suspending the imposition or
execution of sentence with conditions other than those set forth in
this subdivision, in which case, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by that
disposition.
   (7) A violation of this section which is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding
one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.
   (b) Subdivision (a) shall not apply to any of the following:
   (1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist
in making arrests or preserving the peace while the person is
actually engaged in assisting that officer.  Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired.  The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph
(3).
   Any officer, except an officer listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who retired prior to January 1, 1981, shall have an endorsement
on the identification certificate stating that the issuing agency
approves the officer's carrying of a loaded firearm.
   No endorsement or renewal endorsement issued pursuant to paragraph
(2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027, except that any peace officer listed in subdivision (f) of
Section 830.2 or in subdivision (c) of Section 830.5, who is retired
between January 2, 1981, and on or before December 31, 1988, and who
is authorized to carry a loaded firearm pursuant to this section,
shall not be required to have an endorsement in the format set forth
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027 until the time of the issuance, on or after January 1, 1989, of
a renewal endorsement pursuant to paragraph (2).
   (2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for renewal of his or her privilege to
carry a loaded firearm every five years.  An honorably retired peace
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall not be required to obtain an endorsement from
the issuing agency to carry a loaded firearm.  The agency from which
a peace officer is honorably retired may, upon initial retirement of
the peace officer, or at any time subsequent thereto, deny or revoke
for good cause the retired officer's privilege to carry a loaded
firearm.  A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who is retired prior to January 1, 1981, shall have his or her
privilege to carry a loaded firearm denied or revoked by having the
agency from which the officer retired stamp on the officer's
identification certificate "No CCW privilege."
   (3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a loaded firearm.  The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
   (4) Members of the military forces of this state or of the United
States engaged in the performance of their duties.
   (5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
   (6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
   (7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977,
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
   (8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
   Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a loaded
firearm.
   Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph.  The permit shall be
valid for a period not exceeding five years, shall be carried by the
retiree while carrying a loaded firearm, and may be revoked for good
cause.
   The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause.  The sheriff may charge a
fee necessary to cover any reasonable expenses incurred by the
county.
   (c) Subdivision (a) shall not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
   (1) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also, under the express terms of the
charter, (A) are subject to suspension or dismissal after a hearing
on charges duly filed with the commission after a fair and impartial
trial, (B) are not less than 18 years of age or more than 40 years of
age, (C) possess physical qualifications prescribed by the
commission, and (D) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
   (2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when acting in the course and scope of their employment and when
designated by a local ordinance or, if the governmental agency is not
authorized to act by ordinance, by a resolution, either individually
or by class, to carry the weapons, or by persons who are authorized
to carry the weapons pursuant to Section 14502 of the Corporations
Code, while actually engaged in the performance of their duties
pursuant to that section.
   (3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
   (d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033.  The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
   (1) 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 thing of value within this state.
   (2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority (A) if hired prior to January 1, 1977, or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
   (3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter 11.6
(commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
   (4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
   (5) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residences or their
places of employment, and security guards and alarm agents en route
to or from their residences or employer-required range training.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
   (6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
   (e) In order to determine whether or not 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 or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
   (f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
   (g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
   (h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
   (i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.
   (j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property.  As used
in this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
   (2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety.  This paragraph may not apply when the circumstances involve
a mutual restraining order issued pursuant to Division 10 (commencing
with Section 6200) of the Family Code absent a factual finding of a
specific threat to the person's life or safety.  It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
   Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
   (k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
   (l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
   (m) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
   (2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
   (3) This subdivision shall remain operative only until January 1,
2005.
12031.1.  Nothing in Section 12031 shall prevent any person from
storing aboard any vessel or aircraft any loaded or unloaded rocket,
rocket propelled projectile launcher, or similar device designed
primarily for emergency or distress signaling purposes, or from
possessing such a device while in a permitted hunting area or
traveling to or from such area and carrying a valid California permit
or license to hunt.
12032.  Notwithstanding any provision of law or of any local
ordinance to the contrary, when any firearm is in the possession of
any officer of the state, or of a county, city and county or city, or
of any campus of the University of California or the California
State University, and the firearm is an exhibit filed in any criminal
action or proceeding which is no longer needed or is unclaimed or
abandoned property, which has been in the possession of the officer
for at least 180 days, the firearm shall be sold, or destroyed, as
provided for in Section 12028.
   This section shall not apply to any firearm in the possession of
the Department of Fish and Game or which was used in the violation of
any provision of law, or regulation thereunder, in the Fish and Game
Code.
12033.  The Department of Consumer Affairs may issue a certificate
to any person referred to in subdivision (d) of Section 12031, upon
notification by the school where the course was completed, that the
person has successfully completed a course in the carrying and use of
firearms and a course of training in the exercise of the powers of
arrest which meet the standards prescribed by the department pursuant
to Section 7583.5 of the Business and Professions Code.
12034.  (a) It is a misdemeanor for a driver of any motor vehicle or
the owner of any motor vehicle, whether or not the owner of the
vehicle is occupying the vehicle, knowingly to permit any other
person to carry into or bring into the vehicle a firearm in violation
of Section 12031 of this code or Section 2006 of the Fish and Game
Code.
   (b) Any driver or owner of any vehicle, whether or not the owner
of the vehicle is occupying the vehicle, who knowingly permits any
other person to discharge any firearm from the vehicle is punishable
by imprisonment in the county jail for not more than one year or in
state prison for 16 months or two or three years.
   (c) Any person who willfully and maliciously discharges a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle is guilty of a felony punishable by imprisonment in
state prison for three, five, or seven years.
   (d) Except as provided in Section 3002 of the Fish and Game Code,
any person who willfully and maliciously discharges a firearm from a
motor vehicle is guilty of a public offense punishable by
imprisonment in the county jail for not more than one year or in the
state prison.
12035.  (a) As used in this section, the following definitions
apply:
   (1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm, renders
the firearm inoperable.
   (2) "Loaded firearm" has the same meaning as set forth in
subdivision (g) of Section 12031.
   (3) "Child" means a person under 18 years of age.
   (4) "Great bodily injury" has the same meaning as set forth in
Section 12022.7.
   (5) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
   (b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.
   (2) Except as provided in subdivision (c), a person commits the
crime of "criminal storage of a firearm of the second degree" if he
or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes injury,
other than great bodily injury, to himself, herself, or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
   (c) Subdivision (b) shall not apply whenever any of the following
occurs:
   (1) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
   (2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
   (3) The firearm is carried on the person or within such a close
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
   (4) The firearm is locked with a locking device that has rendered
the firearm inoperable.
   (5) The person is a peace officer or a member of the armed forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
   (6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person, or persons.
   (7) The person who keeps a loaded firearm on any premise that is
under his or her custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
   (d) Criminal storage of a firearm is punishable as follows:
   (1) Criminal storage of a firearm in the first degree, by
imprisonment in the state prison for 16 months, or two or three
years, by a fine not exceeding ten thousand dollars ($10,000), or by
both that imprisonment and fine; or by imprisonment in a county jail
not exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (2) Criminal storage of a firearm in the second degree, by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (e) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated this section when deciding
whether to prosecute an alleged violation.  It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist.  This subdivision shall not otherwise restrict, in any manner,
the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
   (f) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, no arrest of the person for the
alleged violation of this section shall occur until at least seven
days after the date upon which the accidental shooting occurred.
   In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting
prior to arresting a person for a violation of this section, if the
person to be arrested is the parent or guardian of the injured child.
  The intent of this subdivision is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously
injured child while the child remains on life-support equipment or is
in a similarly critical medical condition.
   (g) (1) The fact that the person who allegedly violated this
section attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
this section shall be considered a mitigating factor by a district
attorney when he or she is deciding whether to prosecute the alleged
violation.
   (2) In any action or trial commenced under this section, the fact
that the person who allegedly violated this section attended a
firearm safety training course prior to the purchase of the firearm
that is obtained by a child in violation of this section, shall be
admissible.
   (h) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7) of
subdivision (b) of that section, disclosing the duty imposed by this
section upon any person who keeps a loaded firearm.
12036.  (a) As used in this section, the following definitions shall
apply:
   (1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm, renders
the firearm inoperable.
   (2) "Child" means a person under the age of 18 years.
   (3) "Off-premises" means premises other than the premises where
the firearm was stored.
   (4) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
   (b) A person who keeps a pistol, revolver, or other firearm
capable of being concealed upon the person, loaded or unloaded,
within any premises that are under his or her custody or control and
he or she knows or reasonably should know that a child is likely to
gain access to that firearm without the permission of the child's
parent or legal guardian and the child obtains access to that firearm
and thereafter carries that firearm off-premises, shall be punished
by imprisonment in a county jail not exceeding one year, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
   (c) A person who keeps any firearm within any premises that is
under his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereafter carries that
firearm off-premises to any public or private preschool, elementary
school, middle school, high school, or to any school-sponsored event,
activity, or performance whether occurring on school grounds or
elsewhere, shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding five thousand dollars
($5,000), or by both that imprisonment and fine.
   (d) A pistol, revolver, or other firearm capable of being
concealed upon the person that a child gains access to and carries
off-premises in violation of this section shall be deemed "used in
the commission of any misdemeanor as provided in this code or any
felony" for the purpose of subdivision (b) of Section 12028 regarding
the authority to confiscate firearms and other deadly weapons as a
nuisance.
   (e) This section shall not apply if any one of the following
circumstances exists:
   (1) The child obtains the firearm as a result of an illegal entry
into any premises by any person.
   (2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
   (3) The firearm is locked with a locking device that has rendered
the firearm inoperable.
   (4) The firearm is carried on the person within such a close range
that the individual can readily retrieve and use the firearm as if
carried on the person.
   (5) The person is a peace officer or a member of the Armed Forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
   (6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person or persons.
   (7) The person who keeps a firearm has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
   (f) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated this section when deciding
whether to prosecute the alleged violation. It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist. This subdivision shall not otherwise restrict, in any manner,
the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
   (g) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, no arrest of the person for the
alleged violation of this section shall occur until at least seven
days after the date upon which the accidental shooting occurred.
   In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting
prior to arresting a person for a violation of this section, if the
person to be arrested is the parent or guardian of the injured child.
The intent of this subdivision is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously
injured child while the child remains on life-support equipment or is
in a similarly critical medical condition.
   (h) (1) The fact that the person who allegedly violated this
section attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
this section shall be considered a mitigating factor by a district
attorney when he or she is deciding whether to prosecute the alleged
violation.
   (2) In any action or trial commenced under this section, the fact
that the person who allegedly violated this section attended a
firearm safety training course prior to the purchase of the firearm
that is obtained by a child in violation of this section, shall be
admissible.
   (i) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7) of
subdivision (b) of that section, disclosing the duty imposed by this
section upon any person who keeps any firearm.
12039.  The Attorney General shall provide the Legislature on or
before April 15 of each year, commencing in 1998, a written report on
the specific types of firearms used in the commission of crimes
based upon information obtained from state and local crime
laboratories.  The report shall include all of the following
information regarding crimes in which firearms were used:
   (a) A description of the relative occurrence of firearms most
frequently used in the commission of violent crimes, distinguishing
whether the firearms used were handguns, rifles, shotguns, assault
weapons, or other related types of weapons.
   (b) A description of specific types of firearms that are used in
homicides or street gang and drug trafficking crimes.
   (c) The frequency with which stolen firearms were used in the
commission of the crimes.
   (d) The frequency with which fully automatic firearms were used in
the commission of the crimes.
   (e) Any trends of importance such as those involving specialized
ammunition or firearms modifications, such as conversion to a fully
automatic weapon, removal of serial number, shortening of barrel, or
use of a suppressor.
12040.  (a) A person commits criminal possession of a firearm when
he or she carries a firearm in a public place or on any public street
while masked so as to hide his or her identity.
   (b) Criminal possession of a firearm is punishable by imprisonment
in the state prison or by imprisonment in a county jail not to
exceed one year.
   (c) Subdivision (a) shall not apply to the following:
   (1) A peace officer who is in the performance of his or her
duties.
   (2) Full-time paid peace officers of other states and the federal
government who are carrying out official duties while in this state.
   (3) Any person summoned by any of the officers enumerated in
paragraph (1) or (2) to assist in making arrests or preserving the
peace while he or she is actually engaged in assisting that officer.
   (4) The possession of an unloaded firearm or a firearm loaded with
blank ammunition by an authorized participant in, or while
rehearsing for, a motion picture, television, video production,
entertainment event, entertainment activity, or lawfully organized
and conducted activity when the participant lawfully uses the firearm
as part of that production, event, or activity.
   (5) The possession of a firearm by a licensed hunter while
actually engaged in lawful hunting, or while going directly to or
returning directly from the hunting expedition.


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