2009 California Penal Code - Section 12070-12086 :: Article 4. Licenses To Sell Firearms

PENAL CODE
SECTION 12070-12086

12070.  (a) No person shall sell, lease, or transfer firearms unless
he or she has been issued a license pursuant to Section 12071. Any
person violating this section is guilty of a misdemeanor.
   (b) Subdivision (a) does not apply to any of the following:
   (1) The sale, lease, or transfer of any firearm by a person acting
pursuant to operation of law, a court order, or pursuant to the
Enforcement of Judgments Law (Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure), or by a person
who liquidates a personal firearm collection to satisfy a court
judgment.
   (2) A person acting pursuant to subdivision (e) of Section 186.22a
or subdivision (c) of Section 12028.
   (3) The sale, lease, or transfer of a firearm by a person who
obtains title to the firearm by intestate succession or by bequest or
as a surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code, provided the
person disposes of the firearm within 60 days of receipt of the
firearm.
   (4) The infrequent sale, lease, or transfer of firearms.
   (5) The sale, lease, or transfer of used firearms other than
handguns, at gun shows or events, as specified in Section 12071, by a
person other than a licensee or dealer, provided the person has a
valid federal firearms license and a current certificate of
eligibility issued by the Department of Justice, as specified in
Section 12071, and provided all the sales, leases, or transfers fully
comply with subdivision (d) of Section 12072. However, the person
shall not engage in the sale, lease, or transfer of used firearms
other than handguns at more than 12 gun shows or events in any
calendar year and shall not sell, lease, or transfer more than 15
used firearms other than handguns at any single gun show or event. In
no event shall the person sell more than 75 used firearms other than
handguns in any calendar year.
   A person described in this paragraph shall be known as a "Gun Show
Trader."
   The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
   As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.
   (6) Deliveries, sales, or transfers of firearms between or to
importers and manufacturers of firearms licensed to engage in
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (7) The sale, delivery, or transfer of firearms by manufacturers
or importers licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto to dealers or wholesalers.
   (8) Deliveries and transfers of firearms made pursuant to Section
12028, 12028.5, or 12030.
   (9) The loan of a firearm for the purposes of shooting at targets,
if the loan occurs on the premises of a target facility which holds
a business or regulatory license or on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
   (10) Sales, deliveries, or transfers of firearms by manufacturers,
importers, or wholesalers licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if the sale, delivery,
or transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (11) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed outside this state
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto to
wholesalers, manufacturers, or importers, if the sale, delivery, or
transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (12) Sales, deliveries, or transfers of firearms by wholesalers to
dealers.
   (13) Sales, deliveries, or transfers of firearms by persons who
reside outside this state to persons licensed pursuant to Section
12071, if the sale, delivery, or transfer is in accordance with
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
   (14) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to dealers, if the sale,
delivery, or transfer is in accordance with Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (15) The delivery, sale, or transfer of an unloaded firearm by one
wholesaler to another wholesaler if that firearm is intended as
merchandise in the receiving wholesaler's business.
   (16) The loan of an unloaded firearm or the loan of a firearm
loaded with blank cartridges for use solely as a prop for a motion
picture, television, or video production or entertainment or
theatrical event.
   (17) The delivery of an unloaded firearm that is a curio or relic,
as defined in Section 478.11 of Title 27 of the Code of Federal
Regulations, by a person licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto with a current
certificate of eligibility issued pursuant to Section 12071 to a
dealer.
   (18) Loans or returns of firearms to or from a gunsmith for
service or repair.
   (19) The delivery, sale, return, or transfer of a firearm
regulated pursuant to Article 6 (commencing with Section 12095) of
Chapter 1, Chapter 2 (commencing with Section 12200), Chapter 2.3
(commencing with Section 12275), or Chapter 2.5 (commencing with
Section 12301) by a person who holds a permit issued pursuant to
Section 12095, 12230, 12287, or 12305, if the delivery, sale, return,
or transfer is conducted in accordance with the terms and conditions
of the permit.
   (c) (1) As used in this section, "infrequent" means:
   (A) For handguns, less than six transactions per calendar year.
For this purpose, "transaction" means a single sale, lease, or
transfer of any number of handguns.
   (B) For firearms other than handguns, occasional and without
regularity.
   (2) As used in this section, "operation of law" includes, but is
not limited to, any of the following:
   (A) The executor or administrator of an estate, if the estate
includes firearms.
   (B) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, a
default under a security agreement under the Commercial Code.
   (C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (D) A receiver performing his or her functions as a receiver, if
the receivership estate includes firearms.
   (E) A trustee in bankruptcy performing his or her duties, if the
bankruptcy estate includes firearms.
   (F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
   (G) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
   (H) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
   (I) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.

12071.  (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who has all of the following:
   (A) A valid federal firearms license.
   (B) Any regulatory or business license, or licenses, required by
local government.
   (C) A valid seller's permit issued by the State Board of
Equalization.
   (D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
   (E) A license issued in the format prescribed by paragraph (6).
   (F) Is among those recorded in the centralized list specified in
subdivision (e).
   (2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
   (3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
   (4) A person may request a certificate of eligibility from the
Department of Justice. The Department of Justice shall examine its
records and records available to the department in the National
Instant Criminal Background Check System in order to determine if the
applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm and issue a certificate to
an applicant if the department's records indicate that the applicant
is not a person who is prohibited by state or federal law from
possessing firearms.
   (5) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
   (6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
   (A) In the form prescribed by the Attorney General.
   (B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
   (C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
   (7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
   (b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
   (1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
   (B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
waiting period specified in subparagraph (A) of paragraph (3), and
(ii) all applicable local laws, regulations, and fees, if any.
   A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
   (C) A person licensed pursuant to subdivision (a) may engage in
the sale and transfer of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
   A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided the firearm is being donated for
the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
   (D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
   (i) The building designated in the license.
   (ii) The places specified in subparagraph (B) or (C).
   (iii) The place of residence of, the fixed place of business of,
or on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
   (2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
   (3) No firearm shall be delivered:
   (A) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
   (B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
   (D) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
processing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain from the department the
reason for the prohibition.
   (4) No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
   (5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
   (6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) and paragraph (1) of subdivision (f)
of Section 12072, and subdivision (a) of Section 12316.
   (7) The licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
   (A) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
   (B) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
   (C) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
   (D) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
   (E) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
   (F) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
   (8) (A) Commencing April 1, 1994, and until January 1, 2003, no
pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
   (B) Commencing January 1, 2003, no dealer may deliver a handgun
unless the person receiving the handgun presents to the dealer a
valid handgun safety certificate. The firearms dealer shall retain a
photocopy of the handgun safety certificate as proof of compliance
with this requirement.
   (C) Commencing January 1, 2003, no handgun may be delivered unless
the purchaser, transferee, or person being loaned the firearm
presents documentation indicating that he or she is a California
resident. Satisfactory documentation shall include a utility bill
from within the last three months, a residential lease, a property
deed, or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by
the Department of Justice. The firearms dealer shall retain a
photocopy of the documentation as proof of compliance with this
requirement.
   (D) Commencing January 1, 2003, except as authorized by the
department, no firearms dealer may deliver a handgun unless the
recipient performs a safe handling demonstration with that handgun.
The demonstration shall commence with the handgun unloaded and locked
with the firearm safety device with which it is required to be
delivered, if applicable. While maintaining muzzle awareness, that
is, the firearm is pointed in a safe direction, preferably down at
the ground, and trigger discipline, that is, the trigger finger is
outside of the trigger guard and along side of the handgun frame, at
all times, the handgun recipient shall correctly and safely perform
the following:
   (i) If the handgun is a semiautomatic pistol:
   (I) Remove the magazine.
   (II) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
   (III) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
   (IV) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
   (V) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
   (VI) Insert the magazine into the magazine well of the firearm.
   (VII) Manipulate the slide release or pull back and release the
slide.
   (VIII) Remove the magazine.
   (IX) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
   (X) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
   (XI) Apply the safety, if applicable.
   (XII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
   (ii) If the handgun is a double-action revolver:
   (I) Open the cylinder.
   (II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
   (III) Remove the firearm safety device. If the firearm safety
device prevents any of the previous steps, remove the firearm safety
device during the appropriate step.
   (IV) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
   (V) Close the cylinder.
   (VI) Open the cylinder and eject the round.
   (VII) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
   (VIII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
   (iii) If the handgun is a single-action revolver:
   (I) Open the loading gate.
   (II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
   (III) Remove the firearm safety device required to be sold with
the handgun. If the firearm safety device prevents any of the
previous steps, remove the firearm safety device during the
appropriate step.
   (IV) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
   (V) Open the loading gate and unload the revolver.
   (VI) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
   (VII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
   (E) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
   (F) The firearms dealer shall sign and date an affidavit stating
that the requirements of subparagraph (D) have been met. The firearms
dealer shall additionally obtain the signature of the handgun
purchaser on the same affidavit. The firearms dealer shall retain the
original affidavit as proof of compliance with this requirement.
   (G) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
   (H) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
   (I) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (j) of Section 12804.
   (J) The persons who are exempt from the requirements of
subdivision (b) of Section 12801, pursuant to Section 12807, are also
exempt from performing the safe handling demonstration.
   (9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
   (10) The licensee shall not commit an act of collusion as defined
in Section 12072.
   (11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
   (A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
   (B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
   (12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
   (13) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), all firearms that are in the inventory of the
licensee shall be kept within the licensed location. The licensee
shall report the loss or theft of any firearm that is merchandise of
the licensee, any firearm that the licensee takes possession of
pursuant to Section 12082, or any firearm kept at the licensee's
place of business within 48 hours of discovery to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located.
   (14) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), any time when the licensee is not open for
business, all inventory firearms shall be stored in the licensed
location. All firearms shall be secured using one of the following
methods as to each particular firearm:
   (A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
   (B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
   (C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
   (15) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in paragraph
(14).
   (16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
   (17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
   (18) (A) On the date of receipt, the licensee shall report to the
Department of Justice in a format prescribed by the department the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
   (B) The provisions of this paragraph shall not apply to any of the
following transactions:
   (i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
   (ii) The dealer acquired the firearm from a wholesaler.
   (iii) The dealer acquired the firearm from a person who is
licensed as a manufacturer or importer to engage in those activities
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and any regulations issued pursuant thereto.
   (iv) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
   (v) Until July 1, 2010, the dealer is also licensed as a
secondhand dealer pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, acquires a handgun, and reports its acquisition pursuant to
Section 21628 of the Business and Professions Code.
   (vi) Commencing July 1, 2010, the dealer is also licensed as a
secondhand dealer pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, acquires a handgun, and reports its acquisition pursuant to
Section 21628.2 of the Business and Professions Code.
   (19) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102 (c) of Title 27 of the Code of Federal Regulations.
   (20) (A) Firearms dealers may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the department pursuant to paragraph
(4) of subdivision (a). The agent or employee shall provide on the
application, the name and California firearms dealer number of the
firearms dealer with whom he or she is employed.
   (B) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
   (C) If the local jurisdiction requires a background check of the
agents or employees of the firearms dealer, the agent or employee
shall obtain a certificate of eligibility pursuant to subparagraph
(A).
   (D) Nothing in this paragraph shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105 or prohibiting employment based on criminal
history that does not appear as part of obtaining a certificate of
eligibility, provided however, that the local jurisdiction may not
charge a fee for the additional criminal history check.
   (E) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code,
from coming into contact with any firearm that is not secured and
from accessing any key, combination, code, or other means to open any
of the locking devices described in clause (ii) of subparagraph (G)
of this paragraph.
   (F) Nothing in this paragraph shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
   (G) For purposes of this section, the following definitions shall
apply:
   (i) An "agent" is an employee of the licensee.
   (ii) "Secured" means a firearm that is made inoperable in one or
more of the following ways:
   (I) The firearm is inoperable because it is secured by a firearms
safety device listed on the department's roster of approved firearms
safety devices pursuant to subdivision (d) of Section 12088 of this
chapter.
   (II) The firearm is stored in a locked gun safe or long-gun safe
which meets the standards for department-approved gun safes set forth
in Section 12088.2.
   (III) The firearm is stored in a distinct locked room or area in
the building that is used to store firearms that can only be unlocked
by a key, a combination, or similar means.
   (IV) The firearm is secured with a hardened steel rod or cable
that is at least one-eighth of an inch in diameter through the
trigger guard of the firearm. The steel rod or cable shall be secured
with a hardened steel lock that has a shackle. The lock and shackle
shall be protected or shielded from the use of a boltcutter and the
rod or cable shall be anchored in a manner that prevents the removal
of the firearm from the premises.
   (c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
   (A) A valid California driver's license.
   (B) A valid California identification card issued by the
Department of Motor Vehicles.
   (2) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
   (A) All perimeter doorways shall meet one of the following:
   (i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
   (ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least 1/2-inch diameter or metal grating of at least
9 gauge affixed to the exterior or interior of the door.
   (iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
   (B) All windows are covered with steel bars.
   (C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
   (D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
   (E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
   (F) All steel bars shall be no further than six inches apart.
   (3) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
   (4) For purposes of paragraph (17) of subdivision (b):
   (A) A "firearms transaction record" is a record containing the
same information referred to in subdivision (a) of Section 478.124,
Section 478.124a, and subdivision (e) of Section 478.125 of Title 27
of the Code of Federal Regulations.
   (B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available

   for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 478.124a and subdivision (e) of
Section 478.125 of Title 27 of the Code of Federal Regulations and
the records referred to in subdivision (a) of Section 478.124 of
Title 27 of the Code of Federal Regulations.
   (d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) if the licensee is unable to comply
with those requirements because of local ordinances, covenants,
lease conditions, or similar circumstances not under the control of
the licensee.
   (e) (1) Except as otherwise provided in this paragraph, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from this
list any person who knowingly or with gross negligence violates this
article. Upon removal of a dealer from this list, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the dealer's business is located.
   (2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
   (3) Information compiled from the list shall be made available,
upon request, for the following purposes only:
   (A) For law enforcement purposes.
   (B) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
   (C) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Section 12071.1, if that information
is requested by the person to determine the eligibility of a
prospective participant in a gun show or event to conduct
transactions as a firearms dealer pursuant to subparagraph (B) of
paragraph (1) of subdivision (b).
   (4) Information provided pursuant to paragraph (3) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
   (A) A person licensed pursuant to subparagraphs (A) to (E),
inclusive, of paragraph (1) of subdivision (a).
   (B) A person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and who is not
subject to the requirement that he or she be licensed pursuant to
subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision
(a).
   (f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed one hundred fifteen dollars ($115), to cover the
reasonable cost of maintaining the list described in subdivision (e),
including the cost of inspections. Dealers whose place of business
is in a jurisdiction that has adopted an inspection program to ensure
compliance with firearms law shall be exempt from that portion of
the department's fee that relates to the cost of inspections. The
applicant is responsible for providing evidence to the department
that the jurisdiction in which the business is located has the
inspection program.
   (g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
   (h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:
   (1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
   (2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.

12071.1.  (a) No person shall produce, promote, sponsor, operate, or
otherwise organize a gun show or event, as specified in subparagraph
(B) of paragraph (1) of subdivision (b) of Section 12071, unless
that person possesses a valid certificate of eligibility from the
Department of Justice. Unless the department's records indicate that
the applicant is a person prohibited from possessing firearms, a
certificate of eligibility shall be issued by the Department of
Justice to an applicant provided the applicant does all of the
following:
   (1) Certifies that he or she is familiar with the provisions of
this section and Section 12071.4.
   (2) Ensures that liability insurance is in effect for the duration
of an event or show in an amount of not less than one million
dollars ($1,000,000).
   (3) Provides an annual list of the gun shows or events that the
applicant plans to promote, produce, sponsor, operate, or otherwise
organize during the year for which the certificate of eligibility is
issued, including the date, time, and location of the gun shows or
events.
   (b) If during that year the information required by paragraph (3)
of subdivision (a) changes, or additional gun shows or events will be
promoted, produced, sponsored, operated, or otherwise organized by
the applicant, the producer shall notify the Department of Justice no
later than 30 days prior to the gun show or event.
   (c) As used in this section, a "licensed gun show producer" means
a person who has been issued a certificate of eligibility by the
Department of Justice pursuant to subdivision (a). No regulations
shall be required to implement this subdivision.
   (d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section
and shall recover the full costs of administering the program by fees
assessed applicants who apply for certificates. A licensed gun show
producer shall be assessed an annual fee of eighty-five dollars ($85)
by the department.
   (e) (1) A willful failure by a gun show producer to comply with
any of the requirements of this section, except for the posting of
required signs, shall be a misdemeanor punishable by a fine not to
exceed two thousand dollars ($2,000), and shall render the producer
ineligible for a gun show producer license for one year from the date
of the conviction.
   (2) The willful failure of a gun show producer to post signs as
required by this section shall be a misdemeanor punishable by a fine
not to exceed one thousand dollars ($1,000) for the first offense and
not to exceed two thousand dollars ($2,000) for the second or
subsequent offense, and with respect to the second or subsequent
offense, shall render the producer ineligible for a gun show producer
license for one year from the date of the conviction.
   (3) Multiple violations charged pursuant to paragraph (1) arising
from more than one gun show or event shall be grounds for suspension
of a producer's certificate of eligibility pending adjudication of
the violations.
   (f) Prior to the commencement of a gun show or event, the producer
thereof shall, upon written request, within 48 hours, or a later
time specified by the requesting law enforcement agency, make
available to the requesting law enforcement agency with jurisdiction
over the facility, a complete and accurate list of all persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
   The producer shall thereafter, upon written request, for every day
the gun show or event operates, within 24 hours, or a later time
specified by the requesting law enforcement agency, make available to
the requesting law enforcement agency with jurisdiction over the
facility, an accurate, complete, and current list of the persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
   This subdivision applies to persons, entities, and organizations
whether or not they participate in the entire gun show or event, or
only a portion thereof.
   (g) The information that may be requested by the law enforcement
agency with jurisdiction over the facility, and that shall be
provided by the producer upon request, may include, but is not
limited to, the following information relative to a vendor who offers
for sale firearms manufactured after December 31, 1898: his or her
complete name, and a driver's license or identification card number.
   (h) The producer and facility manager shall prepare an annual
event and security plan and schedule that shall include, at a
minimum, the following:
   (1) The type of shows or events including, but not limited to,
antique or general firearms.
   (2) The estimated number of vendors offering firearms for sale or
display.
   (3) The estimated number of attendees.
   (4) The number of entrances and exits at the gun show or event
site.
   (5) The location, dates, and times of the shows or events.
   (6) The contact person and telephone number for both the producer
and the facility.
   (7) The number of sworn peace officers employed by the producer or
the facilities manager who will be present at the show or event.
   (8) The number of nonsworn security personnel employed by the
producer or the facility's manager who will be present at the show or
event.
   (i) The annual event and security plan shall be submitted by
either the producer or the facility's manager to the Department of
Justice and the law enforcement agency with jurisdiction over the
facility. Not later than 15 days prior to the commencement of the gun
show or event, the producer shall submit to the department, the law
enforcement agency with jurisdiction over the facility site, and the
facility's manager a revised event and security plan if significant
changes have been made since the annual plan was submitted, including
a revised list of vendors that the producer knows, or reasonably
should know, will be renting tables, space, or otherwise
participating in the gun show or event. The event and security plan
shall be approved by the facility's manager prior to the event or
show after consultation with the law enforcement agency with
jurisdiction over the facility. No gun show or event shall commence
unless the requirements of this subdivision are met.
   (j) The producer shall be responsible for informing prospective
gun show vendors of the requirements of this section and of Section
12071.4 that apply to vendors.
   (k) The producer shall, within seven calendar days of the
commencement of the show or event, but not later than noon on Friday
for a show or event held on a weekend, submit a list of all
prospective vendors and designated firearms transfer agents who are
licensed firearms dealers to the Department of Justice for the
purpose of determining whether these prospective vendors and
designated firearms transfer agents possess valid licenses and are
thus eligible to participate as licensed dealers at the show or
event. The department shall examine its records and if it determines
that a dealer's license is not valid, it shall notify the show or
event producer of that fact prior to the commencement of the show or
event.
   (l) If a licensed firearms dealer fails to cooperate with a
producer or fails to comply with the applicable requirements of this
section or Section 12071.4, that person shall not be allowed to
participate in that show or event.
   (m) If a producer fails to comply with subdivision (j) or (k), the
gun show or event shall not commence until those requirements are
met.
   (n) All producers shall have written contracts with all gun show
vendors selling firearms at the show or event.
   (o) The producer shall require that signs be posted in a readily
visible location at each public entrance to the show containing, but
not limited to, the following notices:
   (1) This gun show follows all federal, state, and local firearms
and weapons laws without exception.
   (2) All firearms carried onto the premises by members of the
public will be checked, cleared of any ammunition, secured in a
manner that prevents them from being operated, and an identification
tag or sticker will be attached to the firearm prior to the person
being allowed admittance to the show.
   (3) No member of the public under the age of 18 years shall be
admitted to the show unless accompanied by a parent, grandparent, or
legal guardian.
   (4) All firearms transfers between private parties at the show
shall be conducted through a licensed dealer in accordance with
applicable state and federal laws.
   (5) Persons possessing firearms on this facility must have in
their immediate possession government-issued photo identification,
and display it upon request to any security officer or any peace
officer, as defined in Section 830.
   (p) The show producer shall post, in a readily visible location at
each entrance to the parking lot at the show, signage that states:
"The transfer of firearms on the parking lot of this facility is a
crime."
   (q) It is the intent of the Legislature that the certificate of
eligibility program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 12071 to the maximum extent practicable.

12071.4.  (a) This section shall be known, and may be cited as, the
Gun Show Enforcement and Security Act of 2000.
   (b) All gun show or event vendors shall certify in writing to the
producer that they:
   (1) Will not display, possess, or offer for sale any firearms,
knives, or weapons for which possession or sale is prohibited.
   (2) Acknowledge that they are responsible for knowing and
complying with all applicable federal, state, and local laws dealing
with the possession and transfer of firearms.
   (3) Will not engage in activities that incite or encourage hate
crimes.
   (4) Will process all transfers of firearms through licensed
firearms dealers as required by state law.
   (5) Will verify that all firearms in their possession at the show
or event will be unloaded, and that the firearms will be secured in a
manner that prevents them from being operated except for brief
periods when the mechanical condition of a firearm is being
demonstrated to a prospective buyer.
   (6) Have complied with the requirements of subdivision (e).
   (7) Will not display or possess black powder, or offer it for
sale.
   (c) All firearms transfers at the gun show or event shall be in
accordance with applicable state and federal laws.
   (d) Except for purposes of showing ammunition to a prospective
buyer, ammunition at a gun show or event may be displayed only in
closed original factory boxes or other closed containers.
   (e) Prior to the commencement of a gun show or event, each vendor
shall provide to the producer all of the following information
relative to the vendor, the vendor's employees, and other persons,
compensated or not, who will be working or otherwise providing
services to the public at the vendor's display space if firearms
manufactured after December 31, 1898, will be offered for sale:
   (1) His or her complete name.
   (2) His or her driver's license or state-issued identification
card number.
   (3) His or her date of birth.
   The producer shall keep the information at the show's or event's
onsite headquarters for the duration of the show or event, and at the
producer's regular place of business for two weeks after the
conclusion of the show or event, and shall make the information
available upon request to any sworn peace officer for purposes of the
officer's official law enforcement duties.
   (f) Vendors and employees of vendors shall wear name tags
indicating first and last name.
   (g) No person at a gun show or event, other than security
personnel or sworn peace officers, shall possess at the same time
both a firearm and ammunition that is designed to be fired in the
firearm. Vendors having those items at the show for sale or
exhibition are exempt from this prohibition.
   (h) No member of the public who is under the age of 18 years shall
be admitted to, or be permitted to remain at, a gun show or event
unless accompanied by a parent or legal guardian. Any member of the
public who is under the age of 18 shall be accompanied by his or her
parent, grandparent, or legal guardian while at the show or event.
   (i) Persons other than show or event security personnel, sworn
peace officers, or vendors, who bring firearms onto the gun show or
event premises shall sign in ink the tag or sticker that is attached
to the firearm prior to being allowed admittance to the show or
event, as provided for in subdivision (j).
   (j) All firearms carried onto the premises of a gun show or event
by members of the public shall be checked, cleared of any ammunition,
secured in a manner that prevents them from being operated, and an
identification tag or sticker shall be attached to the firearm, prior
to the person being allowed admittance to the show. The
identification tag or sticker shall state that all firearms transfers
between private parties at the show or event shall be conducted
through a licensed dealer in accordance with applicable state and
federal laws. The person possessing the firearm shall complete the
following information on the tag before it is attached to the
firearm:
   (1) The gun owner's signature.
   (2) The gun owner's printed name.
   (3) The identification number from the gun owner's
government-issued photo identification.
   (k) All persons possessing firearms at the gun show or event shall
have in his or her immediate possession, government-issued photo
identification, and display it upon request, to any security officer,
or any peace officer.
   (l) Unless otherwise specified, a first violation of this section
is an infraction. Any second or subsequent violation is a
misdemeanor. Any person who commits an act which he or she knows to
be a violation of this section is guilty of a misdemeanor for a first
offense.

12072.  (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of a firearm to
any person within any of the classes prohibited by Section 12021 or
12021.1.
   (2) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm to any person whom he or
she has cause to believe to be within any of the classes prohibited
by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of
the Welfare and Institutions Code.
   (3) (A) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.
   (B) Subparagraph (A) shall not apply to or affect those
circumstances set forth in subdivision (p) of Section 12078.
   (4) No person, corporation, or dealer shall sell, loan, or
transfer a firearm to any person whom he or she knows or has cause to
believe is not the actual purchaser or transferee of the firearm, or
to any person who is not the person actually being loaned the
firearm, if the person, corporation, or dealer has either of the
following:
   (A) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the provisions of subdivision (c) or (d).
   (B) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the requirements of any exemption to the
provisions of subdivision (c) or (d).
   (5) No person, corporation, or dealer shall acquire a firearm for
the purpose of selling, transferring, or loaning the firearm, if the
person, corporation, or dealer has either of the following:
   (A) In the case of a dealer, intent to violate subdivision (b) or
(c).
   (B) In any other case, intent to avoid either of the following:
   (i) The provisions of subdivision (d).
   (ii) The requirements of any exemption to the provisions of
subdivision (d).
   (6) The dealer shall comply with the provisions of paragraph (18)
of subdivision (b) of Section 12071.
   (7) The dealer shall comply with the provisions of paragraph (19)
of subdivision (b) of Section 12071.
   (8) No person shall sell or otherwise transfer his or her
ownership in a handgun unless the firearm bears either:
   (A) The name of the manufacturer, the manufacturer's make or
model, and a manufacturer's serial number assigned to that firearm.
   (B) The identification number or mark assigned to the firearm by
the Department of Justice pursuant to Section 12092.
   (9) (A) No person shall make an application to purchase more than
one handgun within any 30-day period.
   (B) Subparagraph (A) shall not apply to any of the following:
   (i) Any law enforcement agency.
   (ii) Any agency duly authorized to perform law enforcement duties.
   (iii) Any state or local correctional facility.
   (iv) Any private security company licensed to do business in
California.
   (v) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of his or her employment as a
peace officer.
   (vi) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its nature
involves the use of a firearm.
   (vii) Any person who may, pursuant to Section 12078, claim an
exemption from the waiting period set forth in subdivision (c) of
this section.
   (viii) Any transaction conducted through a licensed firearms
dealer pursuant to Section 12082.
   (ix) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto and who has a
current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Section 12071.
   (x) The exchange of a handgun where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
   (xi) The replacement of a handgun when the person's handgun was
lost or stolen, and the person reported that firearm lost or stolen
prior to the completion of the application to purchase to any local
law enforcement agency of the city, county, or city and county in
which he or she resides.
   (xii) The return of any handgun to its owner.
   (xiii) Community colleges that are certified by the Commission on
Peace Officer Standards and Training to present the law enforcement
academy basic course or other commission-certified law enforcement
training.
   (b) No person licensed under Section 12071 shall supply, sell,
deliver, or give possession or control of a handgun to any person
under the age of 21 years or any other firearm to a person under the
age of 18 years.
   (c) No dealer, whether or not acting pursuant to Section 12082,
shall deliver a firearm to a person, as follows:
   (1) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
   (2) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (3) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age, as
defined in Section 12071, to the dealer.
   (4) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (5) (A) Commencing April 1, 1994, and until January 1, 2003, no
handgun shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
   (B) Commencing January 1, 2003, no handgun shall be delivered
unless the purchaser, transferee, or person being loaned the handgun
presents a handgun safety certificate to the dealer.
   (6) No handgun shall be delivered whenever the dealer is notified
by the Department of Justice that within the preceding 30-day period
the purchaser has made another application to purchase a handgun and
that the previous application to purchase involved none of the
entities specified in subparagraph (B) of paragraph (9) of
subdivision (a).
   (d) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer pursuant to Section 12082.
   (e) No person may commit an act of collusion relating to Article 8
(commencing with Section 12800) of Chapter 6. For purposes of this
section and Section 12071, collusion may be proven by any one of the
following factors:
   (1) Answering a test applicant's questions during an objective
test relating to firearms safety.
   (2) Knowingly grading the examination falsely.
   (3) Providing an advance copy of the test to an applicant.
   (4) Taking or allowing another person to take the basic firearms
safety course for one who is the applicant for a basic firearms
safety certificate or a handgun safety certificate.
   (5) Allowing another to take the objective test for the applicant,
purchaser, or transferee.
   (6) Using or allowing another to use one's identification, proof
of residency, or thumbprint.
   (7) Allowing others to give unauthorized assistance during the
examination.
   (8) Reference to unauthorized materials during the examination and
cheating by the applicant.
   (9) Providing originals or photocopies of the objective test, or
any version thereof, to any person other than as authorized by the
department.
   (f) (1) (A) Commencing July 1, 2008, a person who is licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code may not deliver, sell, or transfer a firearm
to a person in California who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
unless, prior to delivery, the person intending to deliver, sell, or
transfer the firearm obtains a verification number via the Internet
for the intended delivery, sale, or transfer, from the department. If
Internet service is unavailable to either the department or the
licensee due to a technical or other malfunction, or a federal
firearms licensee who is located outside of California does not
possess a computer or have Internet access, alternate means of
communication, including facsimile or telephone, shall be made
available for a licensee to obtain a verification number in order to
comply with this section.
   (B) For every verification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
this section, or the centralized list of exempted federal firearms
licensees pursuant to subdivision (a) of Section 12083, or the
centralized list of firearms manufacturers pursuant to subdivision
(f) of Section 12086.
   (C) If the department finds after the reviews specified in
subparagraph (B) that the intended recipient is authorized to receive
the firearm shipment, the department shall issue to the inquiring
party a unique verification number for the intended delivery, sale,
or transfer. One verification number shall be issued for each
delivery, sale, or transfer, which may involve multiple firearms. In
addition to the unique verification number, the department may
provide to the inquiring party information necessary for determining
the eligibility of the intended recipient to receive the firearm. The
person intending to deliver, sell, or transfer the firearm shall
provide the unique verification number to the recipient along with
the firearm upon delivery, in a manner to be determined by the
department.
   (D) If the department finds after the reviews specified in
subparagraph (B) that the intended recipient is not authorized to
receive the firearm shipment, the department shall notify the
inquiring party that the intended recipient is ineligible to receive
the shipment.
   (E) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, or by
alternate means of communication, such as by facsimile or telephone,
including all required enrollment information and procedures.
   (2) (A) On or after January 1, 1998, within 60 days of bringing a
handgun into this state, a personal handgun importer shall do one of
the following:
   (i) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
   (ii) Sell or transfer the firearm in accordance with the
provisions of subdivision (d) or in accordance with the provisions of
an exemption from subdivision (d).
   (iii) Sell or transfer the firearm to a dealer licensed pursuant
to Section 12071.
   (iv) Sell or transfer the firearm to a sheriff or police
department.
   (B) If the personal handgun importer sells or transfers the
handgun pursuant to subdivision (d) of Section 12072 and the sale or
transfer cannot be completed by the dealer to the purchaser or
transferee, and the firearm can be returned to the personal handgun
importer, the personal handgun importer shall have complied with the
provisions of this paragraph.
   (C) The provisions of this paragraph are cumulative and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by this
section and different provisions of the Penal Code shall not be
punished under more than one provision.
   (D) (i) On and after January 1, 1998, the department shall conduct
a public education and notification program regarding this paragraph
to ensure a high degree of publicity of the provisions of this
paragraph.
   (ii) As part of the public education and notification program
described in this subparagraph, the department shall do all of the
following:
   (I) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this paragraph is advised of
the provisions of this paragraph, and provided with blank copies of
the report described in clause (i) of subparagraph (A) at the time
that person applies for a California driver's license or registers
his or her motor vehicle in accordance with the Vehicle Code.
   (II) Make the reports referred to in clause (i) of subparagraph
(A) available to dealers licensed pursuant to Section 12071.
   (III) Make the reports referred to in clause (i) of subparagraph
(A) available to law enforcement agencies.
   (IV) Make persons subject to the provisions of this paragraph
aware of the fact that reports referred to in clause (i) of
subparagraph (A) may be completed at either the licensed premises of
dealers licensed pursuant to Section 12071 or at law enforcement
agencies, that it is advisable to do so for the sake of accuracy and
completeness of the reports, that prior to transporting a handgun to
a law enforcement agency in order to comply with subparagraph (A),
the person should give prior notice to the law enforcement agency
that he or she is doing so, and that in any event, the handgun should
be transported unloaded and in a locked container.
   (iii) Any costs incurred by the department to implement this
paragraph shall be absorbed by the department within its existing
budget and the fees in the Dealers' Record of Sale Special Account
allocated for implementation of this subparagraph pursuant to Section
12076.
   (3) Where a person who is licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, acquires a handgun that is a
curio or relic, as defined in Section 478.11 of Title 27 of the Code
of Federal Regulations, outside of this state, takes actual
possession of that firearm outside of this state pursuant to the
provisions of subsection (j) of Section 923 of Title 18 of the United
States Code, as amended by Public Law 104-208, and transports that
firearm into this state, within five days of that licensed collector
transporting that firearm into this state, he or she shall report to
the department in a format prescribed by the department his or her
acquisition of that firearm.
   (4) (A) It is the intent of the Legislature that a violation of
paragraph (2) or (3) shall not constitute a "continuing offense" and
the statute of limitations for commencing a prosecution for a
violation of paragraph (2) or (3) commences on the date that the
applicable grace period specified in paragraph (2) or (3) expires.
   (B) Paragraphs (2) and (3) shall not apply to a person who reports
his or her ownership of a handgun after the applicable grace period
specified in paragraph (2) or (3) expires if evidence of that
violation arises only as the result of the person submitting the
report described in paragraph (2) or (3).
   (g) (1) Except as provided in paragraph (2), (3), or (5), a
violation of this section is a misdemeanor.
   (2) If any of the following circumstances apply, a violation of
this section is punishable by imprisonment in the state prison for
two, three, or four years.
   (A) If the violation is of paragraph (1) of subdivision (a).
   (B) If the defendant has a prior conviction of violating the
provisions, other than paragraph (9) of subdivision (a), of this
section or former Section 12100 of this code or Section 8101 of the
Welfare and Institutions Code.
   (C) If the defendant has a prior conviction of violating any
offense specified in subdivision (b) of Section 12021.1 or of a
violation of Section 12020, 12220, or 12520, or of former Section
12560.
   (D) If the defendant is in a prohibited class described in Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
   (E) A violation of this section by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
   (F) A violation of subdivision (b) involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.
   (3) If any of the following circumstances apply, a violation of
this section shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (A) A violation of paragraph (2), (4), or (5) of subdivision (a).
   (B) A violation of paragraph (3) of subdivision (a) involving the
sale, loan, or transfer of a handgun to a minor.
   (C) A violation of subdivision (b) involving the delivery of a
handgun.
   (D) A violation of paragraph (1), (3), (4), (5), or (6) of
subdivision (c) involving a pistol, revolver, or other firearm
capable of being concealed upon the person.
   (E) A violation of subdivision (d) involving a handgun.
   (F) A violation of subdivision (e).
   (4) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
   (A) A violation of paragraph (2) of subdivision (a) or subdivision
(b).
   (B) The firearm transferred in violation of paragraph (2) of
subdivision (a) or subdivision (b) is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.
   (5) (A) A first violation of paragraph (9) of subdivision (a) is
an infraction punishable by a fine of fifty dollars ($50).
   (B) A second violation of paragraph (9) of subdivision (a) is an
infraction punishable by a fine of one hundred dollars ($100).
   (C) A third or subsequent violation of paragraph (9) of
subdivision (a) is a misdemeanor.
   (D) For purposes of this paragraph each application to purchase a
handgun in violation of paragraph (9) of subdivision (a) shall be
deemed a separate offense.

12072.5.  (a) For purposes of this section, "ballistics
identification systems" includes, but is not limited to, any
automated image analysis system that is capable of storing firearm
ballistic markings and tracing those markings to the firearm that
produced them.
   (b) The Attorney General shall conduct a study to evaluate
ballistics identification systems to determine the feasibility and
potential benefits to law enforcement of utilizing a statewide
ballistics identification system capable of maintaining a data base
of ballistic images and information from test fired and sold
firearms. The study shall include an evaluation of ballistics
identification systems currently used by state and federal law
enforcement agencies and the firearms industry. The Attorney General
shall consult with law enforcement agencies, firearms industry
representatives, private technology providers, and other appropriate
parties in conducting the study.
   (c) In evaluating ballistics identification systems to determine
the feasibility of utilizing a statewide system as required pursuant
to subdivision (b), the Attorney General shall consider, at a
minimum, the following:
   (1) The development of methods by which firearm manufacturers,
importers, and dealers may potentially capture ballistic images from
firearms prior to sale in California and forward that information to
the Attorney General.
   (2) The development of methods by which the Attorney General will
receive, store, and make available to law enforcement ballistic
images submitted by firearm manufacturers, importers, and dealers
prior to sale in California.
   (3) The potential financial costs to the Attorney General of
implementing and operating a statewide ballistics identification
system, including the process for receipt of information from firearm
manufacturers, importers, and dealers.
   (4) The capability of a ballistics identification system
maintaining a data base of ballistic images and information from test
fired firearms for all firearms sold in California.
   (5) The compatibility of a ballistics identification system with
ballistics identification systems that are currently used by law
enforcement agencies in California.
   (6) A method to ensure that state and local law enforcement
agencies can forward ballistic identification information to the
Attorney General for inclusion in a statewide ballistics
identification system.
   (7) The feasibility and potential benefits to law enforcement of
requiring firearm manufacturers, importers, and dealers to provide
the Attorney General with ballistic images from any, or a selected
number of, test fired firearms prior to the sale of those firearms in
California.
   (d) The Attorney General shall submit a report to the Legislature
with the results of the study not later than June 1, 2001. In the
event the report includes a determination that a ballistics
identification system and data base is feasible and would benefit law
enforcement, the report shall also recommend a strategy for
implementation.

12073.  (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Section
12077.
   (b) This section shall not apply to any of the following
transactions:
   (1) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to another dealer upon proof of compliance
with the requirements of paragraph (1) of subdivision (f) of Section
12072.
   (2) The delivery, sale, or transfer of an unloaded firearm by a
dealer to another dealer if that firearm is intended as merchandise
in the receiving dealer's business upon proof of compliance with the
requirements of paragraph (1) of subdivision (f) of Section 12072.
   (3) The delivery, sale, or transfer of an unloaded firearm by a
dealer to a person licensed as an importer or manufacturer pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
   (4) The delivery, sale, or transfer of an unloaded firearm by a
dealer who sells, transfers, or delivers the firearm to a person who
resides outside this state who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and any regulations issued pursuant thereto.
   (5) The delivery, sale, or transfer of an unloaded firearm by a
dealer to a wholesaler if that firearm is being returned to the
wholesaler and is intended as merchandise in the wholesaler's
business.
   (6) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to himself or herself.
   (7) The loan of an unloaded firearm by a dealer who also operates
a target facility which holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purpose of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or club or organization, if the
firearm is kept at all times within the premises of the target range
or on the premises of the club or organization.
   (8) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
   (9) The return of an unloaded firearm to the owner of that firearm
by a dealer, if the owner initially delivered the firearm to the
dealer for service or repair.
   (10) The loan of an unloaded firearm by a dealer to a person who
possesses a valid entertainment firearms permit issued pursuant to
Section 12081, for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
   (11) The loan of an unloaded firearm by a dealer to a
consultant-evaluator, if the loan does not exceed 45 days from the
date of delivery of the firearm by the dealer to the
consultant-evaluator.
   (c) A violation of this section is a misdemeanor.

12074.  (a) The register shall be prepared by and obtained from the
State Printer and shall be furnished by the State Printer only to
dealers on application at a cost to be determined by the Department
of General Services for each 100 leaves in quadruplicate, one
original and three duplicates for the making of carbon copies. The
original and duplicate copies shall differ in color, and shall be in
the form provided by this article.
   (b) Where the electronic transfer of applicant information is
used, the Department of Justice shall develop the standards for all
appropriate electronic equipment and telephone numbers to effect the
transfer of information to the department.

12075.  The State Printer upon issuing a register shall forward to
the Department of Justice the name and business address of the dealer
together with the series and sheet numbers of the register. The
register shall not be transferable. If the dealer moves his business
to a different location he shall notify the department of such fact
in writing within 48 hours.

12076.  (a) (1) Before January 1, 1998, the Department of Justice
shall determine the method by which a dealer shall submit firearm
purchaser information to the department and the information shall be
in one of the following formats:
   (A) Submission of the register described in Section 12077.
   (B) Electronic or telephonic transfer of the information contained
in the register described in Section 12077.
   (2) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
   (3) On or after January 1, 2003, except as permitted by the
department, electronic transfer shall be the exclusive means by which
information is transmitted to the department. Telephonic transfer
shall not be permitted for information regarding sales of any
firearms.
   (b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current legal name and
affix his or her residence address and date of birth to the register
in quadruplicate. The salesperson shall affix his or her signature to
the register in quadruplicate as a witness to the signature and
identification of the purchaser. 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
register and any person violating any provision of this section is
guilty of a misdemeanor, provided however, that any person who is
prohibited from obtaining a firearm pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code who knowingly furnishes a fictitious name or
address or knowingly furnishes any incorrect information or knowingly
omits any information required to be provided for the register shall
be punished by imprisonment in a county jail not exceeding one year
or imprisonment in the state prison for a term of 8, 12, or 18
months.
   (2) The original of the register shall be retained by the dealer
in consecutive order. Each book of 50 originals shall become the
permanent register of transactions that shall be retained for not
less than three years from the date of the last transaction and shall
be available for the inspection of any peace officer, Department of
Justice employee designated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives upon the
presentation of proper identification, but no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person.
   (3) Two copies of the original sheet of the register, on the date
of the application to purchase, shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
   (4) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
   (5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a photocopy of the original shall be
provided to the seller or purchaser by the dealer, upon request. The
dealer shall redact all of the purchaser's personal information, as
required pursuant to paragraph (1) of subdivision (b) and paragraph
(1) of subdivision (c) of Section 12077, from the seller's copy, and
the seller's personal information from the purchaser's copy.
   (c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071, to the dealer, and the dealer shall require him or her to sign
his or her current legal name to the record of electronic or
telephonic transfer. The salesperson shall affix his or her signature
to the record of electronic or telephonic transfer as a witness to
the signature and identification of the purchaser. 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 electronic or telephonic transfer and any
person violating any provision of this section is guilty of a
misdemeanor, provided however, that any person who is prohibited from
obtaining a firearm pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code
who knowingly furnishes a fictitious name or address or knowingly
furnishes any incorrect information or knowingly omits any
information required to be provided for the register shall be
punished by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for a term of 8, 12, or 18 months.
   (2) The record of applicant information shall be transmitted to
the Department of Justice by electronic or telephonic transfer on the
date of the application to purchase.
   (3) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order. Each
original shall become the permanent record of the transaction that
shall be retained for not less than three years from the date of the
last transaction and shall be provided for the inspection of any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives upon the presentation of proper
identification, but no information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
   (4) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
   (5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a copy shall be provided to the seller or
purchaser by the dealer, upon request. The dealer shall redact all of
the purchaser's personal information, as required pursuant to
paragraph (1) of subdivision (b) and paragraph (1) of subdivision (c)
of Section 12077, from the seller's copy, and the seller's personal
information from the purchaser's copy.
   (d) (1) The department shall examine its records, as well as those
records that it is authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subparagraph (A) of paragraph (9) of subdivision (a) of
Section 12072, or is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (2) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
   (3) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072, it shall
immediately notify the dealer and the chief of the police department
of the city or city and county in which the sale was made, or if the
sale was made in a district in which there is no municipal police
department, the sheriff of the county in which the sale was made, of
that fact.
   (4) If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
subdivision (e) is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to subdivision (e), or both,
as appropriate and, if notification by the department is received by
the dealer at any time prior to delivery of the firearm to be
purchased, the dealer shall withhold delivery until the conclusion of
the waiting period described in Sections 12071 and 12072.
   (5) If the department determines that the information transmitted
to it pursuant to subdivision (c) contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to
subdivision (e) is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to subdivision (e), or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 12071 and 12072.
   (e) The Department of Justice may require the dealer to charge
each firearm purchaser a fee not to exceed fourteen dollars ($14),
except that the fee may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations. The fee shall be
no more than is necessary to fund the following:
   (1) (A) The department for the cost of furnishing this
information.
   (B) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
   (2) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
   (3) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
   (4) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
   (5) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
   (6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
   (7) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
   (8) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
   (9) The department for the costs associated with subparagraph (D)
of paragraph (2) of subdivision (f) of Section 12072.
   (10) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, loan, or transfer of
firearms pursuant to this chapter.
   The fee established pursuant to this subdivision shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (2) of
this subdivision, the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (3) of this
subdivision, the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (4) of this subdivision,
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (6) of
this subdivision, the estimated reasonable costs of the Department
of Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subparagraph (D) of paragraph (2) of subdivision (f)
of Section 12072, and the estimated reasonable costs of department
firearms-related regulatory and enforcement activities related to the
sale, purchase, loan, or transfer of firearms pursuant to this
chapter.
   (f) (1) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the Department of Industrial Relations:
   (A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078.
   (B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
   (C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision
(l) of Section 12078 or paragraph (18) of subdivision (b) of Section
12071, or clause (i) of subparagraph (A) of paragraph (2) of
subdivision (f) of Section 12072, or paragraph (3) of subdivision (f)
of Section 12072.
   (D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
   (2) If the department charges a fee pursuant to subparagraph (B)
of paragraph (1) of this subdivision, it shall be charged in the same
amount to all categories of transaction that are within that
subparagraph.
   (3) Any costs incurred by the Department of Justice to implement
this subdivision shall be reimbursed from fees collected and charged
pursuant to this subdivision. No fees shall be charged to the dealer
pursuant to subdivision (e) for implementing this subdivision.
   (g) All money received by the department pursuant to this section
shall be deposited in the Dealers' Record of Sale Special Account of
the General Fund, which is hereby created, to be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred pursuant to this section, paragraph (1)
and subparagraph (D) of paragraph (2) of subdivision (f) of Section
12072, Sections 12083 and 12099, subdivision (c) of Section 12131,
Sections 12234, 12289, and 12289.5, and subdivisions (f) and (g) of
Section 12305.
   (h) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in subdivision (e) to
the department.
   (i) (1) Only one fee shall be charged pursuant to this section for
a single transaction on the same date for the sale of any number of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person or for the taking of possession of
those firearms.
   (2) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this section for the second and
subsequent firearms that are part of that transaction.
   (j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of subdivision (b)
of Section 12071 or subdivision (c) or (i) of Section 12078.
   (k) Whenever the Department of Justice acts pursuant to this
section as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
   (l) As used in this section, the following definitions apply:
   (1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
   (2) "Purchase" means the purchase, loan, or transfer of a firearm.
   (3) "Sale" means the sale, loan, or transfer of a firearm.
   (4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.

12076.5.  (a) The Firearms Safety and Enforcement Special Fund is
hereby established in the State Treasury and shall be administered by
the Department of Justice. Notwithstanding Section 13340 of the
Government Code, all moneys in the fund are continuously appropriated
to the Department of Justice without regard to fiscal years for the
purpose of implementing and enforcing the provisions of Article 8
(commencing with Section 12800), as added by the Statutes of 2001,
enforcing the provisions of this title, and for the establishment,
maintenance and upgrading of equipment and services necessary for
firearms dealers to comply with Section 12077.
   (b) The Department of Justice may require firearms dealers to
charge each person who obtains a firearm a fee not to exceed five
dollars ($5) for each transaction. Revenues from this fee shall be
deposited in the Firearms Safety and Enforcement Special Fund.

12077.  (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
   (b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
   (2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
   (3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
   (c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
   (2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
   (3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
   (d) Where the register is used, the following shall apply:
   (1) Dealers shall use ink to complete each document.
   (2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
   (3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
   (4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
   (e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
   (f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
   (1) The purchaser's identification consists of a military
identification card.
   (2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
   (3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
   (g) As used in this section, the following definitions shall
control:
   (1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
   (2) "Purchase" means the purchase, loan, or transfer of a firearm.
   (3) "Sale" means the sale, loan, or transfer of a firearm.

12077.5.  (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
information required by subdivision (c) of Section 12077 to the
department, in an application specified by the department.
   (b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.
   (c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department. Upon receipt of a notarized application and fee, the
department shall do all of the following:
   (1) Examine its records, and the records it is authorized to
request from the State Department of Mental Health pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
   (2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
   (d) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
   (e) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Web site.
   (f) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
   (g) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
   (h) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (c) the following statements:
   "No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 12077.5 of the Penal Code. A
violation of these provisions is a misdemeanor."
   "If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."

12078.  (a) (1) The waiting periods described in Sections 12071 and
12072 shall not apply to the deliveries, transfers, or sales of
firearms made to persons properly identified as full-time paid peace
officers as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, provided that the peace officers are authorized by
their employer to carry firearms while in the performance of their
duties. Proper identification is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the purchaser or transferee as a
peace officer who is authorized to carry firearms while in the
performance of his or her duties, and authorizing the purchase or
transfer. The certification shall be delivered to the dealer at the
time of purchase or transfer and the purchaser or transferee shall
identify himself or herself as the person authorized in the
certification. The dealer shall keep the certification with the
record of sale. On the date that the delivery, sale, or transfer is
made, the dealer delivering the firearm shall transmit to the
Department of Justice an electronic or telephonic report of the
transaction as is indicated in subdivision (b) or (c) of Section
12077.
   (2) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to deliveries, transfers, or sales of
firearms made to authorized law enforcement representatives of
cities, counties, cities and counties, or state or federal
governments for exclusive use by those governmental agencies if,
prior to the delivery, transfer, or sale of these firearms, written
authorization from the head of the agency authorizing the transaction
is presented to the person from whom the purchase, delivery, or
transfer is being made. Proper written authorization is defined as
verifiable written certification from the head of the agency by which
the purchaser or transferee is employed, identifying the employee as
an individual authorized to conduct the transaction, and authorizing
the transaction for the exclusive use of the agency by which he or
she is employed. Within 10 days of the date a handgun is acquired by
the agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Those agencies without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.
   (3) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the loan of a firearm made by an
authorized law enforcement representative of a city, county, or city
and county, or the state or federal government to a peace officer
employed by that agency and authorized to carry a firearm for the
carrying and use of that firearm by that peace officer in the course
and scope of his or her duties.
   (4) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the delivery, sale, or transfer of a
firearm by a law enforcement agency to a peace officer pursuant to
Section 10334 of the Public Contract Code. Within 10 days of the date
that a handgun is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, transferred,
or delivered shall be entered into the Automated Firearms System
(AFS) via the California Law Enforcement Telecommunications System
(CLETS) by the law enforcement or state agency that sold,
transferred, or delivered the firearm. Those agencies without access
to AFS shall arrange with the sheriff of the county in which the
agency is located to input this information via this system.
   (5) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the delivery, sale, or transfer of a
firearm by a law enforcement agency to a retiring peace officer who
is authorized to carry a firearm pursuant to Section 12027.1. Within
10 days of the date that a handgun is sold, delivered, or transferred
to that retiring peace officer, the name of the officer and the
make, model, serial number, and other identifying characteristics of
the firearm being sold, transferred, or delivered shall be entered
into the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, transferred, or delivered the firearm.
Those agencies without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information via this system.
   (6) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 do not apply to sales, deliveries, or transfers of
firearms to authorized representatives of cities, cities and
counties, counties, or state or federal governments for those
governmental agencies where the entity is acquiring the weapon as
part of an authorized, voluntary program where the entity is buying
or receiving weapons from private individuals. Any weapons acquired
pursuant to this paragraph shall be disposed of pursuant to the
applicable provisions of Section 12028 or 12032.
   (7) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, loan, delivery, or
transfer of a firearm made by an authorized law enforcement
representative of a city, county, city and county, state, or the
federal government to any public or private nonprofit historical
society, museum, or institutional collection or the purchase or
receipt of that firearm by that public or private nonprofit
historical society, museum, or institutional collection if all of the
following conditions are met:
   (A) The entity receiving the firearm is open to the public.
   (B) The firearm prior to delivery is deactivated or rendered
inoperable.
   (C) The firearm is not subject to Section 12028, 12028.5, 12030,
or 12032.
   (D) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
   (E) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions of this
article and, if applicable, Section 12801.
   (F) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, the name of the government
entity delivering the firearm, and the make, model, serial number,
and other identifying characteristics of the firearm and the name of
the person authorized by the entity to take possession of the firearm
shall be reported to the department in a manner prescribed by the
department.
   (G) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
   (8) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, loan, delivery, or
transfer of a firearm made by any person other than a representative
of an authorized law enforcement agency to any public or private
nonprofit historical society, museum, or institutional collection if
all of the following conditions are met:
   (A) The entity receiving the firearm is open to the public.
   (B) The firearm is deactivated or rendered inoperable prior to
delivery.
   (C) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
   (D) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions of this article and, if applicable, Section
12801.
   (E) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that public or
private historical society, museum, or institutional collection,
within 30 days of taking possession of that handgun, shall forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, that
includes information identifying the person representing that public
or private historical society, museum, or institutional collection,
how title was obtained and from whom, and a description of the
firearm in question, along with a copy of the written statement
referred to in subparagraph (D). The report forms that are to be
completed pursuant to this paragraph shall be provided by the
Department of Justice.
   (F) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
   (b) (1) Section 12071, subdivisions (c) and (d) of Section 12072,
and subdivision (b) of Section 12801 shall not apply to deliveries,
sales, or transfers of firearms between or to importers and
manufacturers of firearms licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (2) Subdivision (b) of Section 12801 shall not apply to the
delivery, sale, or transfer of a handgun to a person licensed
pursuant to Section 12071, where the licensee is receiving the
handgun in the course and scope of his or her activities as a person
licensed pursuant to Section 12071.
   (c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.
   (2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
   (A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
   (B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
   (C) The person receiving the firearm is 18 years of age or older.
   (3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
   (A) Parent and child.
   (B) Grandparent and grandchild.
   (d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual being loaned the handgun has a valid
handgun safety certificate.
   (2) Subdivision (d) of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of a firearm where all of
the following conditions exist:
   (A) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
   (B) The loan is for a lawful purpose.
   (C) The loan does not exceed three days in duration.
   (D) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (E) The person loaning the firearm is 18 years of age or older.
   (F) The person being loaned the firearm is 18 years of age or
older.
   (e) (1) Section 12071, subdivisions (c) and (d) and paragraph (1)
of subdivision (f) of Section 12072, and subdivision (b) of Section
12801 shall not apply to the delivery of a firearm to a gunsmith for
service or repair, or to the return of the firearm to its owner by
the gunsmith, or to the delivery of a firearm by a gunsmith to a
person licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code for service or repair and the
return of the firearm to the gunsmith.
   (2) Paragraph (1) of subdivision (f) of Section 12072 shall not
apply to the delivery, sale, or transfer of any firearm in any of the
following circumstances:
   (A) Where the transferor and the transferee are the same person or
corporation.
   (B) Where the transfer is to or from a person who has a valid
entertainment firearms permit under Section 12081 and the transfer
involves the loan or return of firearms used solely as props in
television, film, or theatrical productions.
   (f) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, delivery, or transfer of
firearms by persons who reside in this state to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if the sale, delivery,
or transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (g) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale or transfer of a firearm, other than a handgun, at
auctions or similar events conducted by nonprofit mutual or public
benefit corporations organized pursuant to the Corporations Code.
   As used in this paragraph, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
   (2) Subdivision (d) of Section 12072 shall not apply to the
transfer of a firearm other than a handgun, if the firearm is donated
for an auction or similar event described in paragraph (1) and the
firearm is delivered to the nonprofit corporation immediately
preceding, or contemporaneous with, the auction or similar event.
   (3) The waiting period described in Sections 12071 and 12072 shall
not apply to a dealer who delivers a firearm other than a handgun at
an auction or similar event described in paragraph (1), as
authorized by subparagraph (C) of paragraph (1) of subdivision (b) of
Section 12071. Within two business days of completion of the
application to purchase, the dealer shall forward by prepaid mail to
the Department of Justice a report of the same as is indicated in
subdivision (c) of Section 12077. If the electronic or telephonic
transfer of applicant information is used, within two business days
of completion of the application to purchase, the dealer delivering
the firearm shall transmit to the Department of Justice an electronic
or telephonic report of the same as is indicated in subdivision (c)
of Section 12077.
   (h) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the loan of a firearm to a person 18
years of age or older for the purposes of shooting at targets if the
loan occurs on the premises of a target facility that holds a
business or regulatory license or on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
   (i) (1) Subdivision (d) of Section 12072 shall not apply to a
person who takes title or possession of a firearm that is not a
handgun by operation of law if the person is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm.
   (2) Subdivision (d) of Section 12072 shall not apply to a person
who takes title or possession of a handgun by operation of law if the
person is not prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm and all of the following
conditions are met:
   (A) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.210 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subparagraph (G), (I), or (J) of paragraph (2) of
subdivision (u), the person shall, within 30 days of taking
possession, forward by prepaid mail or deliver in person to the
Department of Justice, a report of information concerning the
individual taking possession of the firearm, how title or possession
was obtained and from whom, and a description of the firearm in
question. The reports that individuals complete pursuant to this
paragraph shall be provided to them by the department.
   (B) If the person taking title or possession is receiving the
firearm pursuant to subparagraph (G) of paragraph (2) of subdivision
(u), the person shall do both of the following:
   (i) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question. The reports that individuals complete pursuant
to this paragraph shall be provided to them by the department.
   (ii) Prior to taking title or possession of the firearm, the
person shall obtain a handgun safety certificate.
   (C) Where the person receiving title or possession of the handgun
is a person described in subparagraph (I) of paragraph (2) of
subdivision (u), on the date that the person is delivered the
firearm, the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics shall be
entered into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency that transferred or delivered the
firearm. Those agencies without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
   (D) Where the person receiving title or possession of the handgun
is a person described in subparagraph (J) of paragraph (2) of
subdivision (u), on the date that the person is delivered the
firearm, the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics shall be
entered into the AFS via the CLETS by the law enforcement or state
agency that transferred or delivered the firearm. Those agencies
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system. In addition, that law enforcement agency shall not deliver
that handgun to the person referred to in this subparagraph unless,
prior to the delivery of the same, the person presents proof to the
agency that he or she is the holder of a handgun safety certificate.
   (3) Subdivision (d) of Section 12072 shall not apply to a person
who takes possession of a firearm by operation of law in a
representative capacity who subsequently transfers ownership of the
firearm to himself or herself in his or her individual capacity. In
the case of a handgun, the individual shall obtain a handgun safety
certificate prior to transferring ownership to himself or herself, or
taking possession of a handgun in an individual capacity.
   (j) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to deliveries, transfers, or returns of
firearms made pursuant to Section 12021.3, 12028, 12028.5, or 12030.
   (k) Section 12071, subdivision (c) of Section 12072, and
subdivision (b) of Section 12801 shall not apply to any of the
following:
   (1) The delivery, sale, or transfer of unloaded firearms that are
not handguns by a dealer to another dealer upon proof of compliance
with the requirements of paragraph (1) of subdivision (f) of Section
12072.
   (2) The delivery, sale, or transfer of unloaded firearms by
dealers to persons who reside outside this state who are licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (3) The delivery, sale, or transfer of unloaded firearms to a
wholesaler if the firearms are being returned to the wholesaler and
are intended as merchandise in the wholesaler's business.
   (4) The delivery, sale, or transfer of unloaded firearms by one
dealer to another dealer if the firearms are intended as merchandise
in the receiving dealer's business upon proof of compliance with the
requirements of paragraph (1) of subdivision (f) of Section 12072.
   (5) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to himself or herself.
   (6) The loan of an unloaded firearm by a dealer who also operates
a target facility that holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
   (l) A person who is exempt from subdivision (d) of Section 12072
or is otherwise not required by law to report his or her acquisition,
ownership, or disposal of a handgun or who moves out of this state
with his or her handgun may submit a report of the same to the
Department of Justice in a format prescribed by the department.
   (m) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the delivery, sale, or transfer of
unloaded firearms to a wholesaler as merchandise in the wholesaler's
business by manufacturers or importers licensed to engage in that
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto, or by another wholesaler, if the delivery, sale, or
transfer is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
   (n) (1) The waiting period described in Section 12071 or 12072
shall not apply to the delivery, sale, or transfer of a handgun by a
dealer in either of the following situations:
   (A) The dealer is delivering the firearm to another dealer and it
is not intended as merchandise in the receiving dealer's business.
   (B) The dealer is delivering the firearm to himself or herself and
it is not intended as merchandise in his or her business.
   (2) In order for this subdivision to apply, both of the following
shall occur:
   (A) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that he or she is licensed pursuant to Section
12071 by complying with paragraph (1) of subdivision (f) of Section
12072.
   (B) Whether the dealer is delivering, selling, or transferring the
firearm to himself or herself or to another dealer, on the date that
the application to purchase is completed, the dealer delivering the
firearm shall forward by prepaid mail to the Department of Justice a
report of the same and the type of information concerning the
purchaser or transferee as is indicated in subdivision (b) of Section
12077. Where the electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the same and the type of
information concerning the purchaser or transferee as is indicated in
subdivision (b) of Section 12077.
   (o) Section 12071 and subdivisions (c) and (d) of Section 12072
shall not apply to the delivery, sale, or transfer of a firearm
regulated pursuant to Section 12020, Chapter 2 (commencing with
Section 12200), Chapter 2.3 (commencing with Section 12275), or
Chapter 2.5 (commencing with Section 12301), if the delivery, sale,
or transfer of that firearm is conducted in accordance with the
applicable provisions of Section 12020, Chapter 2 (commencing with
Section 12200), Chapter 2.3 (commencing with Section 12275), or
Chapter 2.5 (commencing with Section 12301).
   (p) (1) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of a firearm that is not a
handgun to a minor, with the express permission of the parent or
legal guardian of the minor, if the loan does not exceed 30 days in
duration and is for a lawful purpose.
   (2) Paragraph (3) of subdivision (a) of Section 12072, subdivision
(d) of Section 12072, and subdivision (b) of Section 12801 shall not
apply to the loan of a handgun to a minor by a person who is not the
parent or legal guardian of the minor if all of the following
circumstances exist:
   (A) The minor has the written consent of his or her parent or
legal guardian that is presented at the time of, or prior to the time
of, the loan, or is accompanied by his or her parent or legal
guardian at the time the loan is made.
   (B) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.

                                                             (C) The
duration of the loan does not exceed the amount of time that is
reasonably necessary to engage in the lawful, recreational sport,
including, but not limited to, competitive shooting, or agricultural,
ranching, or hunting activity, or a motion picture, television, or
video production, or entertainment or theatrical event, the nature of
which involves the use of a firearm.
   (D) The duration of the loan does not, in any event, exceed 10
days.
   (3) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072, and subdivision (b) of Section 12801 shall not apply
to the loan of a handgun to a minor by his or her parent or legal
guardian if both of the following circumstances exist:
   (A) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
   (B) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
   (4) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072 shall not apply to the transfer or loan of a firearm
that is not a handgun to a minor by his or her parent or legal
guardian.
   (5) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072 shall not apply to the transfer or loan of a firearm
that is not a handgun to a minor by his or her grandparent who is not
the legal guardian of the minor if the transfer is done with the
express permission of the parent or legal guardian of the minor.
   (6) Subparagraph (A) of paragraph (3) of subdivision (a) of
Section 12072 shall not apply to the sale of a handgun if both of the
following requirements are satisfied:
   (A) The sale is to a person who is at least 18 years of age.
   (B) The firearm is an antique firearm as defined in paragraph (16)
of subsection (a) of Section 921 of Title 18 of the United States
Code.
   (q) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm that is not a handgun to a licensed hunter for use by
that licensed hunter for a period of time not to exceed the duration
of the hunting season for which that firearm is to be used.
   (r) The waiting period described in Section 12071 or 12072 shall
not apply to the delivery, sale, or transfer of a firearm to the
holder of a special weapons permit issued by the Department of
Justice issued pursuant to Section 12095, 12230, 12250, or 12305. On
the date that the application to purchase is completed, the dealer
delivering the firearm shall transmit to the Department of Justice an
electronic or telephonic report of the same as is indicated in
subdivision (b) or (c) of Section 12077.
   (s) (1) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the infrequent loan of an unloaded
firearm by a person who is neither a dealer as defined in Section
12071 nor a federal firearms licensee pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
to a person 18 years of age or older for use solely as a prop in a
motion picture, television, video, theatrical, or other entertainment
production or event.
   (2) Subdivision (d), and paragraph (1) of subdivision (f), of
Section 12072, and subdivision (b) of Section 12801 shall not apply
to the loan of an unloaded firearm by a person who is not a dealer as
defined in Section 12071 but who is a federal firearms licensee
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, to a person who possesses a valid
entertainment firearms permit issued pursuant to Section 12081, for
use solely as a prop in a motion picture, television, video,
theatrical, or other entertainment production or event. The person
loaning the firearm pursuant to this paragraph shall retain a
photocopy of the entertainment firearms permit as proof of compliance
with this requirement.
   (3) Subdivision (b) of Section 12071, subdivision (c) of, and
paragraph (1) of subdivision (f) of, Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan of an unloaded
firearm by a dealer as defined in Section 12071, to a person who
possesses a valid entertainment firearms permit issued pursuant to
Section 12081, for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event. The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
   (4) Subdivision (b) of Section 12071, subdivision (c) and
paragraph (1) of subdivision (f) of Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan of an unloaded
firearm to a consultant-evaluator by a person licensed pursuant to
Section 12071 if the loan does not exceed 45 days from the date of
delivery. At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
   (A) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
   (B) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
   (C) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
   (D) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.
   (t) (1) The waiting periods described in Sections 12071 and 12072
shall not apply to the sale, delivery, loan, or transfer of a firearm
that is a curio or relic, as defined in Section 478.11 of Title 27
of the Code of Federal Regulations, or its successor, by a dealer to
a person who is licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto who has a current
certificate of eligibility issued to him or her by the Department of
Justice pursuant to Section 12071. On the date that the delivery,
sale, or transfer is made, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the transaction as is indicated in subdivision (b) or (c)
of Section 12077.
   (2) Subdivision (d) and paragraph (1) of subdivision (f) of
Section 12072 shall not apply to the infrequent sale, loan, or
transfer of a firearm that is not a handgun, which is a curio or
relic manufactured at least 50 years prior to the current date, but
not including replicas thereof, as defined in Section 478.11 of Title
27 of the Code of Federal Regulations, or its successor.
   (u) As used in this section:
   (1) "Infrequent" has the same meaning as in paragraph (1) of
subdivision (c) of Section 12070.
   (2) "A person taking title or possession of firearms by operation
of law" includes, but is not limited to, any of the following
instances wherein an individual receives title to, or possession of,
firearms:
   (A) The executor or administrator of an estate if the estate
includes firearms.
   (B) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, a
default under a security agreement under the Commercial Code.
   (C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (D) A receiver performing his or her functions as a receiver if
the receivership estate includes firearms.
   (E) A trustee in bankruptcy performing his or her duties if the
bankruptcy estate includes firearms.
   (F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
   (G) A transmutation of property consisting of firearms pursuant to
Section 850 of the Family Code.
   (H) Firearms passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
   (I) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
   (J) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.

12079.  (a) Upon a showing that good cause exists, the Department of
Justice may issue permits for the possession, transportation, or
sale between a person licensed pursuant to Section 12071 and an
out-of-state client, of large capacity magazines.
   (b) For purposes of this section, "large capacity magazine" shall
have the same meaning as that set forth in paragraph (25) of
subdivision (c) of Section 12020.

12080.  (a) The Department of Justice shall prepare a pamphlet which
summarizes California firearms laws as they pertain to persons other
than law enforcement officers or members of the armed services.
   (b) The pamphlet shall include the following matters:
   (1) Lawful possession.
   (2) Licensing procedures.
   (3) Transportation and use of firearms.
   (4) Acquisition of hunting licenses.
   (5) The safe handling and use of firearms.
   (6) Various methods of safe storage and child proofing of
firearms.
   (7) The availability of firearms safety programs and devices.
   (8) The responsibilities of firearms ownership.
   (9) The operation of various types of firearms.
   (10) The lawful use of deadly force.
   (c) The department shall offer copies of the pamphlet at actual
cost to firearms dealers licensed pursuant to Section 12071 who shall
have copies of the most current version available for sale to retail
purchasers or transferees of firearms. The cost of the pamphlet, if
any, may be added to the sale price of the firearm. Other interested
parties may purchase copies directly from the Department of General
Services. The pamphlet shall declare that it is merely intended to
provide a general summary of laws applicable to firearms and is not
designed to provide individual guidance for specific areas.
Individuals having specific questions shall be directed to contact
their local law enforcement agency or private counsel.
   (d) The Department of Justice or any other public entity shall be
immune from any liability arising from the drafting, publication, or
dissemination of the pamphlet or any reliance upon it. All receipts
from the sale of these pamphlets shall be deposited as reimbursements
to the support appropriation for the Department of Justice.

12081.  (a) Any person who is at least 21 years of age may apply for
an entertainment firearms permit from the Department of Justice that
authorizes the permitholder to possess firearms loaned to him or her
for use solely as a prop in a motion picture, television, video,
theatrical, or other entertainment production or event. Upon receipt
of an initial or renewal application submitted as specified in
subdivision (b), the department shall examine its records, records
the department is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, and records of the National Instant Criminal
Background Check System as described in subsection (t) of Section 922
of Title 18 of the United States Code, in order to determine if the
applicant is prohibited from possessing or receiving firearms. The
department shall issue an entertainment firearms permit only if the
records indicate that the applicant is not prohibited from possessing
or receiving firearms pursuant to any federal, state, or local law.
   (b) (1) Requests for entertainment firearms permits shall be made
on application forms prescribed by the Department of Justice that
require applicant information, including, but not limited to, the
following:
   (A) Complete name.
   (B) Residential and mailing address.
   (C) Telephone number.
   (D) Date of birth.
   (E) Place of birth.
   (F) Country of citizenship and, if other than United States, alien
number or admission number.
   (G) Valid driver's license number or valid identification card
number issued by the California Department of Motor Vehicles.
   (H) Social security number.
   (I) Signature.
   (2) All applications must be submitted with the appropriate fee as
specified in subdivision (c).
   (3) An initial application for an entertainment firearms permit
shall require the submission of fingerprint images and related
information in a manner prescribed by the department, for the purpose
of obtaining information as to the existence and nature of a record
of state or federal level convictions and state or federal level
arrests for which the department establishes that the individual was
released on bail or on his or her own recognizance pending trial as
needed to determine whether the applicant may be issued the permit.
Requests for federal level criminal offender record information
received by the Department of Justice pursuant to this section shall
be forwarded by the department to the Federal Bureau of
Investigation.
   (4) The Department of Justice shall review the criminal offender
record information specified in subdivision (l) of Section 11105 for
entertainment firearms permit applicants.
   (5) The Department of Justice shall review subsequent arrests,
pursuant to Section 11105.2, to determine the continuing validity of
the permit as specified in subdivision (d) for all entertainment
firearms permitholders.
   (6) Any person who furnishes a fictitious name or address or
knowingly furnishes any incorrect information or knowingly omits any
information required to be provided on this application is guilty of
a misdemeanor.
   (c) The Department of Justice shall recover the full costs of
administering the program by assessing the following application
fees:
   (1) For the initial application: one hundred four dollars ($104).
Of this sum, fifty-six dollars ($56) shall be deposited into the
Fingerprint Fee Account, and forty-eight dollars ($48) shall be
deposited into the Dealer Record of Sale Account.
   (2) For each annual renewal application: twenty-nine dollars
($29), which shall be deposited into the Dealer Record of Sale
Account.
   (d) The implementation of subdivisions (a), (b), and (c) by the
department is exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
   (e) The department shall annually review and shall adjust the fees
specified in subdivision (c), if necessary, to fully fund, but not
to exceed the actual costs of, the permit program provided for by
this section, including enforcement of the program.
   (f) An entertainment firearms permit issued by the Department of
Justice shall be valid for one year from the date of issuance. If at
any time during that year the permitholder becomes prohibited from
possessing or receiving firearms pursuant to any federal, state, or
local law, his or her entertainment firearms permit shall be no
longer valid.

12082.  (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision (d)
of Section 12072. The seller or transferor or the person loaning the
firearm shall deliver the firearm to the dealer who shall retain
possession of that firearm. The dealer shall then deliver the firearm
to the purchaser or transferee or the person being loaned the
firearm, if it is not prohibited, in accordance with subdivision (c)
of Section 12072. If the dealer cannot legally deliver the firearm to
the purchaser or transferee or the person being loaned the firearm,
the dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 12071 and 12072, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of subdivision (a) of Section 12072. If the
dealer cannot legally return the firearm to the transferor or seller
or the person loaning the firearm, then the dealer shall forthwith
deliver the firearm to the sheriff of the county or the chief of
police or other head of a municipal police department of any city or
city and county who shall then dispose of the firearm in the manner
provided by Sections 12028 and 12032. The purchaser or transferee or
person being loaned the firearm may be required by the dealer to pay
a fee not to exceed ten dollars ($10) per firearm, and no other fee
may be charged by the dealer for a sale, loan, or transfer of a
firearm conducted pursuant to this section, except for the applicable
fees that may be charged pursuant to Sections 12076, 12076.5, and
12088.9 and forwarded to the Department of Justice, and the fees set
forth in Section 12805. Nothing in these provisions shall prevent a
dealer from charging a smaller fee. The dealer may not charge any
additional fees.
   (b) The Attorney General shall adopt regulations under this
section to do all of the following:
   (1) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to comply with the
requirements of this section and Sections 12071, 12072, 12076, and
12077 and to preserve the confidentiality of those records.
   (2) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (f) of Section 12072, to allow a
personal handgun importer's ownership of the pistol, revolver, or
other firearm capable of being concealed upon the person being sold
or transferred to be recorded in a manner that if the firearm is
returned to that personal handgun importer because the sale or
transfer cannot be completed, the Department of Justice will have
sufficient information about that personal handgun importer so that a
record of his or her ownership can be maintained in the registry
provided by subdivision (c) of Section 11106.
   (3) Ensure that the register or record of electronic transfer
shall state the name and address of the seller or transferor of the
firearm or the person loaning the firearm and whether or not the
person is a personal handgun importer in addition to any other
information required by Section 12077.
   (c) Notwithstanding any other provision of law, a dealer who does
not sell, transfer, or keep an inventory of handguns is not required
to process private party transfers of handguns.
   (d) A violation of this section by a dealer is a misdemeanor.

12083.  (a) Commencing January 1, 2008, the Department of Justice
shall keep a centralized list of persons who identify themselves as
being licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code as a dealer, importer, or
manufacturer of firearms whose licensed premises are within this
state and who declare to the department an exemption from the
firearms dealer licensing requirements of Section 12070. The list
shall be known as the centralized list of exempted federal firearms
licensees. To qualify for placement on the centralized list, an
applicant shall do all of the following:
   (1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, importer, or manufacturer of firearms.
   (2) Possess a current, valid certificate of eligibility pursuant
to Section 12071.
   (3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 12070. Any person furnishing a fictitious name, knowingly
furnishing any incorrect information, or knowingly omitting any
information for the declaration shall be guilty of a misdemeanor.
   (b) Commencing January 1, 2008, the department shall assess an
annual fee of one hundred fifteen dollars ($115) to cover its costs
of maintaining the centralized list of exempted federal firearms
licensees prescribed by subdivision (a), conducting inspections in
accordance with this section, and for the cost of maintaining the
firearm shipment verification number system described in subdivision
(f) of Section 12072. A person who is not licensed pursuant to
Section 12071, who has been issued a permit pursuant to Section
12095, 12287, 12230, or 12305, and who is placed on the centralized
list of exempted federal firearms licensees shall not be charged the
fee. The department may increase the fee at a rate not to exceed the
increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations. The fees
collected shall be deposited in the Dealers' Record of Sale Special
Account.
   (c) (1) Any person licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code as a dealer,
importer, or manufacturer of firearms whose licensed premises are
within this state shall not import or receive firearms from any
source unless listed on the centralized list of firearms dealers
pursuant to Section 12071, or the centralized list of exempted
federal firearms licensees pursuant to subdivision (a), or the
centralized list of firearms manufacturers pursuant to subdivision
(f) of Section 12086.
   (2) A violation of this subdivision is a misdemeanor.
   (d) (1) All persons on the centralized list of exempted federal
firearms licensees prescribed by subdivision (a) shall record and
keep on file for three years, the verification number that shall
accompany firearms received from other federal firearms licensees
pursuant to subdivision (f) of Section 12072.
   (2) A violation of this subdivision is cause for immediate removal
from the centralized list.
   (e) Information compiled from the list described in subdivision
(a) shall be made available for the following purposes:
   (1) Requests from local, state, and federal law enforcement
agencies and the duly constituted city, county, and city and county
licensing authorities.
   (2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
   (f) The department may conduct onsite inspections at the business
premises of a person on the centralized list described in subdivision
(a) to determine compliance with firearms laws pursuant to Article 4
(commencing with Section 12070) of Chapter 1 of Title 2 of Part 4 of
the Penal Code. The department shall work in consultation with the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to ensure that
licensees are not subject to duplicative inspections. During the
inspection the following firearm records shall be made available for
review:
   (1) Federal records referred to in subdivision (a) of Section
478.125 of Title 27 of the Code of Federal Regulations and the bound
book containing the same information referred to in Section 478.124a
and subdivision (e) of Section 478.125 of Title 27 of the Code of
Federal Regulations.
   (2) Verification numbers issued pursuant to subdivision (f) of
Section 12072.
   (3) Any other records requested by the department to determine
compliance with this article.
   (g) The department may remove from the centralized list described
in subdivision (a), any person who violates this article.
   (h) The department may adopt regulations as necessary to carry out
the provisions of this section, subdivision (f) of Section 12072,
and Section 12071. The department shall work in consultation with the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to ensure that
state regulations are not duplicative of federal regulations.

12085.  (a) Commencing July 1, 1999, no person, firm, or corporation
licensed to manufacture firearms pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code may
manufacture firearms within this state unless licensed pursuant to
Section 12086.
   (b) Subdivision (a) does not apply to a person licensed to
manufacture firearms pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code who manufactures fewer
than 100 firearms in a calendar year within this state.
   (c) If a person, firm, or corporation required to be licensed
pursuant to Section 12086 ceases operations, then the records
required pursuant to paragraphs (6) and (10) of subdivision (c) of
Section 12086 shall be forwarded to the federal Bureau of Alcohol,
Tobacco, and Firearms within three days of the closure of business.
   (d) A violation of this section is a misdemeanor.
   (e) (1) As used in this section and Section 12086, the term
"firearm" includes the frame or receiver of the weapon.
   (2) As used in this section and Section 12086, the term "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
   (3) For purposes of this section and Section 12086, the term
"firearm" does not include an unloaded firearm that is defined as an
"antique firearm" in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code.

12086.  (a) (1) As used in this section, "licensee" means a person,
firm, or corporation that satisfies both of the following:
   (A) Has a license issued pursuant to paragraph (2) of subdivision
(b).
   (B) Is among those recorded in the centralized list specified in
subdivision (f).
   (2) As used in this section, "department" means the Department of
Justice.
   (b) (1) The Department of Justice shall accept applications for,
and shall grant licenses permitting, the manufacture of firearms
within this state. The department shall inform applicants who are
denied licenses of the reasons for the denial in writing.
   (2) No license shall be granted by the department unless and until
the applicant presents proof that he or she has all of the
following:
   (A) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
   (B) Any regulatory or business license, or licenses, required by
local government.
   (C) A valid seller's permit or resale certificate issued by the
State Board of Equalization, if applicable.
   (D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4) of subdivision (a) of Section
12071.
   (3) The department shall adopt regulations to administer this
section and Section 12085 and shall recover the full costs of
administering the program by collecting fees from license applicants.
Recoverable costs shall include, but not be limited to, the costs of
inspections and maintaining a centralized list of licensed firearm
manufacturers. The fee for licensed manufacturers who produce fewer
than 500 firearms in a calendar year within this state shall not
exceed two hundred fifty dollars ($250) per year or the actual costs
of inspections and maintaining a centralized list of firearm
manufacturers and any other duties of the department required
pursuant to this section and Section 12085, whichever is less.
   (4) A license granted by the department shall be valid for no more
than one year from the date of issuance and shall be in the form
prescribed by the Attorney General.
   (c) A licensee shall comply with the following prohibitions and
requirements:
   (1) The business shall be conducted only in the buildings
designated in the license.
   (2) The license or a copy thereof, certified by the department,
shall be displayed on the premises where it can easily be seen.
   (3) Whenever a licensee discovers that a firearm has been stolen
or is missing from the licensee's premises, the licensee shall report
the loss or theft within 48 hours of the discovery to all of the
following:
   (A) The Department of Justice, in a manner prescribed by the
department.
   (B) The federal Bureau of Alcohol, Tobacco, and Firearms.
   (C) The police department in the city or city and county where the
building designated in the license is located.
   (D) If there is no police department in the city or city and
county where the building designated in the license is located, the
sheriff of the county where the building designated in the license is
located.
   (4) (A) The licensee shall require that each employee obtain a
certificate of eligibility pursuant to paragraph (4) of subdivision
(a) of Section 12071, which shall be renewed annually, prior to being
allowed to come into contact with any firearm.
   (B) The licensee shall prohibit any employee who the licensee
knows or reasonably should know is prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm from
coming into contact with any firearm.
   (5) (A) Each firearm the licensee manufactures in this state shall
be identified with a unique serial number stamped onto the firearm
utilizing the method of compression stamping.
   (B) Licensed manufacturers who produce fewer than 500 firearms in
a calendar year within this state may serialize long guns only by
utilizing a method of compression stamping or by engraving the serial
number onto the firearm.
   (C) The licensee shall stamp the serial number onto the firearm
within one business day of the time the receiver or frame is
manufactured.
   (D) The licensee shall not use the same serial number for more
than one firearm.
   (6) (A) The licensee shall record the type, model, caliber, or
gauge, and serial number of each firearm manufactured or acquired,
and the date of the manufacture or acquisition, within one business
day of the manufacture or acquisition.
   (B) The licensee shall maintain permanently within the building
designated in the license the records required pursuant to
subparagraph (A).
   (C) Backup copies of the records described in subparagraph (A),
whether electronic or hard copy, shall be made at least once a month.
These backup records shall be maintained in a facility separate from
the one in which the primary records are stored.
   (7) (A) The licensee shall allow the department to inspect the
building designated in the license to ensure compliance with the
requirements of this section.
   (B) The licensee shall allow any peace officer, authorized law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, to inspect facilities and records during business
hours to ensure compliance with the requirements of this section.
   (8) The licensee shall store in a secure facility all firearms
manufactured and all barrels for firearms manufactured.
   (9) (A) The licensee shall notify the chief of police or other
head of the municipal police department in the city or city and
county where the building designated in the license is located that
the licensee is manufacturing firearms within that city or city and
county and the location of the licensed premises.
   (B) If there is no police department in the city or city and
county where the building designated in the license is located, the
licensee shall notify the sheriff of the county where the building
designated in the license is located that the licensee is
manufacturing firearms within that county and the location of the
licensed premises.
   (10) For at least 10 years, the licensee shall maintain records of
all firearms that are lost or stolen, as prescribed by the
department.
   (d) Except as otherwise provided in subdivision (e), as used in
this section, a "secure facility" means that the facility satisfies
all of the following:
   (1) The facility is equipped with a burglar alarm with central
monitoring.
   (2) All perimeter entries to areas in which firearms are stored
other than doors, including windows and skylights, are secured with
steel window guards or an audible, silent, or sonic alarm to detect
entry.
   (3) All perimeter doorways are designed in one of the following
ways:
   (A) A windowless steel security door equipped with both a deadbolt
and a doorknob lock.
   (B) A windowed metal door equipped with both a deadbolt and a
doorknob lock. If the window has an opening of five inches or more
measured in any direction, the window is covered with steel bars of
at least one-half inch diameter or metal grating of at least nine
gauge affixed to the exterior or interior of the door.
   (C) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
   (D) Hinges and hasps attached to doors by welding, riveting, or
bolting with nuts on the inside of the door.
   (E) Hinges and hasps installed so that they cannot be removed when
the doors are closed and locked.
   (4) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
   (5) No perimeter metal grates are capable of being entered by any
person.
   (6) Steel bars used to satisfy the requirements of this
subdivision are not capable of being entered by any person.
   (7) Perimeter walls of rooms in which firearms are stored are
constructed of concrete or at least 10-gauge expanded steel wire mesh
utilized along with typical wood frame and drywall construction. If
firearms are not stored in a vault, the facility shall use an
exterior security-type door along with a high security, single-key
deadbolt, or other door that is more secure. All firearms shall be
stored in a separate room away from any general living area or work
area. Any door to the storage facility shall be locked while
unattended.
   (8) Perimeter doorways, including the loading dock area, are
locked at all times when not attended by paid employees or contracted
employees, including security guards.
   (9) Except when a firearm is currently being tested, any
ammunition on the premises is removed from all manufactured guns and
stored in a separate and locked room, cabinet, or box away from the
storage area for the firearms. Ammunition may be stored with a weapon
only in a locked safe.
   (e) For purposes of this section, any licensed manufacturer who
produces fewer than 500 firearms in a calendar year within this state
may maintain a "secure facility" by complying with all of the
requirements described in subdivision (d), or may design a security
plan that is approved by the Department of Justice or the federal
Bureau of Alcohol, Tobacco, and Firearms.
   (1) If a security plan is approved by the federal Bureau of
Alcohol, Tobacco, and Firearms, the approved plan, along with proof
of approval, shall be filed with the Department of Justice and the
local police department. If there is no police department, the filing
shall be with the county sheriff's office.
   (2) If a security plan is approved by the Department of Justice,
the approved plan, along with proof of approval, shall be filed with
the local police department. If there is no police department, the
filing shall be with the county sheriff's office.
   (f) (1) Except as otherwise provided in this subdivision, the
Department of Justice shall maintain a centralized list of all
persons licensed pursuant to paragraph (2) of subdivision (b). The
centralized list shall be provided annually to each police department
and county sheriff within the state.
   (2) Except as provided in paragraph (3), the license of any
licensee who violates this section may be revoked.
   (3) The license of any licensee who knowingly or with gross
negligence violates this section or violates this section three times
shall be revoked, and that person, firm, or corporation shall become
permanently ineligible to obtain a license pursuant to this section.
   (g) (1) Upon the revocation of the license, notification shall be
provided to local law enforcement authorities in the jurisdiction
where the licensee's business is located and to the federal Bureau of
Alcohol, Tobacco, and Firearms.
   (2) The department shall make information concerning the location
and name of a licensee available, upon request, for the following
purposes only:
   (A) Law enforcement.
   (B) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
   (3) Notwithstanding paragraph (2), the department shall make the
name and business address of a licensee available to any person upon
written request.
   (h) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to paragraph (3)
of subdivision (b), the number of licensees removed from the
centralized list described in subdivision (f), and the number of
licensees found to have violated this section.


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