2005 California Penal Code Sections 12280-12281 Article 2. Unlawful Activities

PENAL CODE
SECTION 12280-12281

12280.  (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
   (2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
paragraph (1) shall receive an enhancement of one year.
   (3) Except in the case of a first violation involving not more
than two firearms as provided in subdivisions (b) and (c), for
purposes of this section, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this section, there shall be a
distinct and separate offense for each.
   (b) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, is punishable by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison. However, a first violation of
these provisions is punishable by a fine not exceeding five hundred
dollars ($500), if the person was found in possession of no more than
two firearms in compliance with subdivision (c) of Section 12285 and
the person meets all of the following conditions:
   (1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined an assault weapon
pursuant to Section 12276, 12276.1, or 12276.5.
   (2) The person has not previously been convicted of a violation of
this section.
   (3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to subdivision (a) of Section 12285.
   (4) The person relinquished the firearm pursuant to Section 12288,
in which case the assault weapon shall be destroyed pursuant to
Section 12028.
   (c) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, is punishable by a fine of
one thousand dollars ($1,000), imprisonment in a county jail for a
period not to exceed one year, or by both that fine and imprisonment.
However, a first violation of these provisions is punishable by a
fine not exceeding five hundred dollars ($500), if the person was
found in possession of no more than two firearms in compliance with
subdivision (a) of Section 12285 and the person meets the conditions
set forth in paragraphs (1), (2), and (3):
   (1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
   (2) The person has not previously been convicted of a violation of
this section.
   (3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to subdivision (a) of Section 12285.
   (4) Firearms seized pursuant to this subdivision from persons who
meet all of the conditions set forth in paragraphs (1), (2), and (3)
shall be returned unless the court finds in the interest of public
safety, after notice and hearing, that the .50 BMG rifle should be
destroyed pursuant to Section 12028. Firearms seized from persons who
do not meet the conditions set forth in paragraphs (1), (2), and (3)
shall be destroyed pursuant to Section 12028.
   (d) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
   (e) Subdivisions (a), (b), and (c) shall not apply to the sale to,
purchase by, importation of, or possession of assault weapons or a .
50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Youth and Adult Corrections
Agency, the Department of the California Highway Patrol, district
attorneys' offices, Department of Fish and Game, Department of Parks
and Recreation, or the military or naval forces of this state or of
the United States, or any federal law enforcement agency for use in
the discharge of their official duties.
   (f) (1) Subdivisions (b) and (c) shall not prohibit the possession
or use of assault weapons or a .50 BMG rifle by sworn peace officer
members of those agencies specified in subdivision (e) for law
enforcement purposes, whether on or off duty.
   (2) Subdivisions (a), (b), and (c) shall not prohibit the
delivery, transfer, or sale of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in subdivision (e),
provided that the peace officer is authorized by his or her employer
to possess or receive the assault weapon or the .50 BMG rifle.
Required authorization is defined as verifiable written certification
from the head of the agency, identifying the recipient or possessor
of the assault weapon as a peace officer and authorizing him or her
to receive or possess the specific assault weapon. For this exemption
to apply, in the case of a peace officer who possesses or receives
the assault weapon prior to January 1, 2002, the officer shall
register the assault weapon pursuant to Section 12285 on or before
April 1, 2002; in the case of a peace officer who possesses or
receives the assault weapon on or after January 1, 2002, the officer
shall register the assault weapon pursuant to Section 12285 not later
than 90 days after possession or receipt. In the case of a peace
officer who possesses or receives a .50 BMG rifle on or before
January 1, 2005, the officer shall register the .50 BMG rifle on or
before April 30, 2006. In the case of a peace officer who possesses
or receives a .50 BMG rifle after January 1, 2005, the officer shall
register the .50 BMG rifle not later than one year after possession
or receipt. The peace officer must include with the registration, a
copy of the authorization required pursuant to this paragraph.
   (3) Nothing in this section shall be construed to limit or
prohibit the delivery, transfer, or sale of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
   (g) Subdivision (b) shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to Section 12276.5, or
during the one-year period after the date it was defined as an
assault weapon pursuant to Section 12276.1, if all of the following
are applicable:
   (1) The person is eligible under this chapter to register the
particular assault weapon.
   (2) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
Section 12276.5, or prior to the date it was defined as an assault
weapon pursuant to Section 12276.1.
   (3) The person is otherwise in compliance with this chapter.
   (h) Subdivisions (a), (b), and (c) shall not apply to the
manufacture by persons who are issued permits pursuant to Section
12287 of assault weapons or .50 BMG rifles for sale to the following:
   (1) Exempt entities listed in subdivision (e).
   (2) Entities and persons who have been issued permits pursuant to
Section 12286 or 12287.
   (3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
   (4) Federal military and law enforcement agencies.
   (5) Law enforcement and military agencies of other states.
   (6) Foreign governments and agencies approved by the United States
State Department.
   (i) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Section 12285 or that was
possessed pursuant to paragraph (1) of subdivision (f) which is
disposed of as authorized by the probate court, if the disposition is
otherwise permitted by this chapter.
   (j) Subdivisions (b) and (c) shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Section 12285 or that was
possessed pursuant to paragraph (1) of subdivision (f) if the assault
weapon or .50 BMG rifle is possessed at a place set forth in
paragraph (1) of subdivision (c) of Section 12285 or as authorized by
the probate court.
   (k) Subdivision (a) shall not apply to:
   (1) A person who lawfully possesses and has registered an assault
weapon or .50 BMG rifle pursuant to this chapter who lends that
assault weapon or .50 BMG rifle to another if all the following
apply:
   (A) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not in a class of persons
prohibited from possessing firearms by virtue of Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
   (B) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
   (C) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
   (i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
   (ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
   (iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
   (2) The return of an assault weapon or .50 BMG rifle to the
registered possessor, or the lawful possessor, which is lent by the
same pursuant to paragraph (1).
   (l) Subdivisions (b) and (c) shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (k).
   (m) Subdivisions (a), (b), and (c) shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
   (1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
   (2) The competition or match is conducted on the premises of one
of the following:
   (A) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
   (B) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
   (3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
   (4) The assault weapon or .50 BMG rifle is transported in
accordance with Section 12026.1 or 12026.2.
   (5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
   (n) Subdivisions, (b) and (c) shall not apply to any of the
following persons:
   (1) A person acting in accordance with Section 12286 or 12287.
   (2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 12286 or 12287 when he or she
is acting in accordance with Section 12285, 12286, or 12287.
   (o) Subdivisions (a), (b), and (c) shall not apply to any of the
following persons:
   (1) A person acting in accordance with Section 12285.
   (2) A person acting in accordance with Section 12286, 12287, or
12290.
   (p) Subdivisions (b) and (c) shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with subdivision (c) of Section 12285.
   (q) Subdivision (a) shall not apply to the importation into this
state of an assault weapon or a .50 BMG rifle by the registered owner
of that assault weapon or a .50 BMG rifle, if it is in accordance
with the provisions of subdivision (c) of Section 12285.
   (r) Subdivision (a) shall not apply during the first 180 days of
the 2005 calendar year to the importation into this state of a .50
BMG rifle by a person who lawfully possessed that .50 BMG rifle in
this state prior to January 1, 2005.
   (s) Subdivision (c) shall not apply to the possession of a .50 BMG
rifle that is not defined or specified as an assault weapon pursuant
to this chapter, by any person prior to May 1, 2006 if all of the
following are applicable:
   (1) The person is eligible under this chapter to register that .50
BMG rifle.
   (2) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
   (3) The person is otherwise in compliance with this chapter.
   (t) Subdivisions (a), (b) and (c) shall not apply to the sale of
assault weapons or .50 BMG rifles by persons who are issued permits
pursuant to Section 12287 to any of the following:
   (1) Exempt entities listed in subdivision (e).
   (2) Entities and persons who have been issued permits pursuant to
Section 12286 or 12287.
   (3) Federal military and law enforcement agencies.
   (4) Law enforcement and military agencies of other states.
   (5) Foreign governments and agencies approved by the United States
State Department.
   (6) Officers described in subdivision (f) who are authorized to
possess assault weapons or .50 BMG rifles pursuant to subdivision
(f).
   (u) As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
   (1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
   (2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
   (3) The operative date of Section 12276.1, as specified in
subdivision (d) of that section.
12281.  (a) Any person who, or firm, company, or corporation that,
operated a retail or other commercial firm, company, or corporation,
and manufactured, distributed, transported, imported, possessed,
possessed for sale, offered for sale, or transferred, for commercial
purpose, an SKS rifle in California between January 1, 1992, and
December 19, 1997, shall be immune from criminal prosecution under
Section 12280.  The immunity provided in this subdivision shall apply
retroactively to any person who, or firm, company, or corporation
that, is or was charged by complaint or indictment with a violation
of Section 12280 for conduct related to an SKS rifle, whether or not
the case of that person, firm, company, or corporation is final.
   (b) Any person who possessed, gave, loaned, or transferred an SKS
rifle in California between January 1, 1992, and December 19, 1997,
shall be immune from criminal prosecution under Section 12280.  The
immunity provided in this subdivision shall apply retroactively to
any person who was charged by complaint or indictment with a
violation of Section 12280 for conduct related to an SKS rifle,
whether or not the case of that person is final.
   (c) Any SKS rifle in the possession of any person who, or firm,
company, or corporation that, is described in subdivision (a) or (b),
shall not be subject to seizure by law enforcement for violation of
Section 12280 prior to January 1, 2000.
   (d) Any person, firm, company, or corporation, convicted under
Section 12280 for conduct relating to an SKS rifle, shall be
permitted to withdraw his or her plea of guilty or nolo contendere,
or to reopen his or her case and assert the immunities provided in
this section, if the court determines that the allowance of the
immunity is in the interests of justice.  The court shall interpret
this section liberally to the benefit of the defendant.
   (e) The Department of Justice shall notify all district attorneys
on or before January 31, 1999, of the provisions of this section.
The department shall identify all criminal prosecutions in the state
for conduct related to SKS rifles within 90 days of the effective
date of this section.  In all cases so identified by the Attorney
General, the district attorneys shall inform defense counsel, or the
defendant if the defendant is in propria persona, in writing, of the
provisions of this section within 120 days of the effective date of
this section.
   (f) (1) Any person, firm, company, or corporation that is in
possession of an SKS rifle shall do one of the following on or before
January 1, 2000:
   (A) Relinquish the SKS rifle to the Department of Justice pursuant
to subdivision (h).
   (B) Relinquish the SKS rifle to a law enforcement agency pursuant
to Section 12288.
   (C) Dispose of the SKS rifle as permitted by Section 12285.
   (2) Any person who has obtained title to an SKS rifle by bequest
or intestate succession shall be required to comply with subparagraph
(A) or (B) of paragraph (1) of this subdivision unless he or she
otherwise complies with paragraph (1) of subdivision (b) of Section
12285.
   (3) Any SKS rifle relinquished to the department pursuant to this
subdivision shall be in a manner prescribed by the department.
   (4) The department shall conduct a public education and
notification program as described in Section 12289, commencing no
later than January 1, 1999.
   (g) Any person who complies with subdivision (f) shall be exempt
from the prohibitions set forth in subdivision (a) or (b) of Section
12280 for those acts by that person associated with complying with
the requirements of subdivision (f).
   (h) (1) The department shall purchase any SKS rifle relinquished
pursuant to subdivision (f) from funds appropriated for this purpose
by the act amending this section in the 1997-98 Regular Session of
the Legislature or by subsequent budget acts or other legislation.
The department shall adopt regulations for this purchase program that
include, but are not limited to, the manner of delivery, the
reimbursement to be paid, and the manner in which persons shall be
informed of the state purchase program.
   (2) Any person who relinquished possession of an SKS rifle to a
law enforcement agency pursuant to Section 12288 prior to the
effective date of the purchase program set forth in paragraph (1)
shall be eligible to be reimbursed from the purchase program.  The
procedures for reimbursement pursuant to this paragraph shall be part
of the regulations adopted by the department pursuant to paragraph
(1).
   (i) Notwithstanding paragraph (11) of subdivision (a) of Section
12276, an "SKS rifle" under this section means all SKS rifles
commonly referred to as "SKS Sporter" versions, manufactured to
accept a detachable AK-47 magazine and imported into this state and
sold by a licensed gun dealer, or otherwise lawfully possessed in
this state by a resident of this state who is not a licensed gun
dealer, between January 1, 1992, and December 19, 1997.
   (j) Failure to comply with subdivision (f) is a public offense
punishable by imprisonment in the state prison, or in a county jail,
not exceeding one year.
   (k) In addition to the regulations required pursuant to
subdivision (h), emergency regulations for the purchase program
described in subdivision (h) shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.


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