2009 California Penal Code - Section 12285-12289.5 :: Article 3. Registration And Permits

PENAL CODE
SECTION 12285-12289.5

12285.  (a) (1) Any person who lawfully possesses an assault weapon,
as defined in Section 12276, prior to June 1, 1989, shall register
the firearm by January 1, 1991, and any person who lawfully possessed
an assault weapon prior to the date it was specified as an assault
weapon pursuant to Section 12276.5 shall register the firearm within
90 days with the Department of Justice pursuant to those procedures
that the department may establish. Except as provided in subdivision
(a) of Section 12280, any person who lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon pursuant
to Section 12276.1, and which was not specified as an assault weapon
under Section 12276 or 12276.5, shall register the firearm within
one year of the effective date of Section 12276.1, with the
department pursuant to those procedures that the department may
establish. The registration shall contain a description of the
firearm that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and thumbprint of the
owner, and any other information that the department may deem
appropriate. The department may charge a fee for registration of up
to twenty dollars ($20) per person 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 shall increase at a rate not to exceed the legislatively
approved annual cost-of-living adjustment for the department's
budget or as otherwise increased through the Budget Act. The fees
shall be deposited into the Dealers' Record of Sale Special Account.
   (2) Except as provided in subdivision (a) of Section 12280, any
person who lawfully possesses any .50 BMG rifle prior to January 1,
2005, that is not specified as an assault weapon under Section 12276
or 12276.5 or defined as an assault weapon pursuant to Section
12276.1, shall register the .50 BMG rifle with the department no
later than April 30, 2006, pursuant to those procedures that the
department may establish. The registration shall contain a
description of the firearm that identifies it uniquely, including all
identification marks, the full name, address, date of birth, and
thumbprint of the owner, and any other information that the
department may deem appropriate. The department may charge a fee for
registration of twenty-five dollars ($25) per person to cover the
actual processing and public education campaign costs of the
department. The fees shall be deposited into the Dealers' Record of
Sale Special Account. Data-processing costs associated with modifying
the department's data system to accommodate .50 caliber BMG rifles
shall not be paid from the Dealers Record of Sale Special Account.
   (b) (1) Except as provided in paragraph (2), no assault weapon
possessed pursuant to this section may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who (A) obtains title to
an assault weapon registered under this section or that was possessed
pursuant to paragraph (1) of subdivision (f) of Section 12280 by
bequest or intestate succession, or (B) lawfully possessed a firearm
subsequently declared to be an assault weapon pursuant to Section
12276.5, or subsequently defined as an assault weapon pursuant to
Section 12276.1, shall, within 90 days, render the weapon permanently
inoperable, sell the weapon to a licensed gun dealer, obtain a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 12230) of Chapter 2, or remove
the weapon from this state. A person who lawfully possessed a
firearm that was subsequently declared to be an assault weapon
pursuant to Section 12276.5 may alternatively register the firearm
within 90 days of the declaration issued pursuant to subdivision (f)
of Section 12276.5.
   (2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
   (A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
   (B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.
   (3) Except as provided in paragraph (4), no .50 BMG rifle
possessed pursuant to this section may be sold or transferred on or
after January 1, 2005, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who obtains title to a .
50 BMG rifle registered under this section or that was possessed
pursuant to paragraph (1) of subdivision (f) of Section 12280 by
bequest or intestate succession shall, within 180 days of receipt,
render the weapon permanently inoperable, sell the weapon to a
licensed gun dealer, obtain a permit from the Department of Justice
in the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2, or remove the weapon from this state.
   (4) A person moving into this state, otherwise in lawful
possession of a .50 BMG rifle, shall do one of the following:
   (A) Prior to bringing the .50 BMG rifle into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
   (B) The person shall cause the .50 BMG rifle to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto. If the person obtains a permit from the Department
of Justice in the same manner as specified in Article 3 (commencing
with Section 12230) of Chapter 2, the dealer shall redeliver that .50
BMG rifle to the person. If the licensed gun dealer, as defined in
subdivision (c) of Section 12290 is prohibited from delivering the .
50 caliber BMG rifle to a person pursuant to this paragraph, the
dealer shall dispose of the .50 BMG rifle as allowed by this chapter.
   (c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions unless a permit allowing additional uses is
first obtained under Section 12286:
   (1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
   (2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
   (3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
   (4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.
   (5) While attending any exhibition, display, or educational
project which is about firearms and which is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
   (6) While on publicly owned land if the possession and use of a
firearm described in Section 12276, 12276.1, 12276.5, or 12278, is
specifically permitted by the managing agency of the land.
   (7) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this subdivision, or to any licensed
gun dealer, as defined in subdivision (c) of Section 12290, for
servicing or repair pursuant to subdivision (b) of Section 12290, if
the assault weapon is transported as required by Section 12026.1.
   (d) No person who is under the age of 18 years, and no person who
is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm may register or possess an assault
weapon or .50 BMG rifle.
   (e) The department's registration procedures shall provide the
option of joint registration for assault weapons or .50 BMG rifle
owned by family members residing in the same household.
   (f) For 90 days following January 1, 1992, a forgiveness period
shall exist to allow persons specified in subdivision (b) of Section
12280 to register with the Department of Justice assault weapons that
they lawfully possessed prior to June 1, 1989.
   (g) (1) Any person who registered a firearm as an assault weapon
pursuant to the provisions of law in effect prior to January 1, 2000,
where the assault weapon is thereafter defined as an assault weapon
pursuant to Section 12276.1, shall be deemed to have registered the
weapon for purposes of this chapter and shall not be required to
reregister the weapon pursuant to this section.
   (2) Any person who legally registered a firearm as an assault
weapon pursuant to the provisions of law in effect prior to January
1, 2005, where the assault weapon is thereafter defined as a .50
caliber BMG rifle pursuant to Section 12278, shall be deemed to have
registered the weapon for purposes of this chapter and shall not be
required to reregister the weapon pursuant to this section.
   (h) Any person who registers his or her assault weapon during the
90-day forgiveness period described in subdivision (f), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of Section 12280, if law
enforcement becomes aware of that violation only as a result of the
registration of the assault weapon. This subdivision shall have no
effect upon persons charged with a violation of subdivision (b) of
Section 12280 of the Penal Code prior to January 1, 1992, provided
that law enforcement was aware of the violation before the weapon was
registered.

12286.  Any person who lawfully acquired an assault weapon before
June 1, 1989, or a .50 BMG rifle before January 1, 2005, and wishes
to use it in a manner different than specified in subdivision (c) of
Section 12285, who lawfully acquired an assault weapon between June
1, 1989, and January 1, 1990, and wishes to keep it after January 1,
1990, or who wishes to acquire an assault weapon after January 1,
1990, or a .50 BMG rifle after January 1, 2005, shall first obtain a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 12230) of Chapter 2.

12287.  (a) The Department of Justice may, upon a finding of good
cause, issue permits for the manufacture or sale of assault weapons
or .50 BMG rifles for the sale to, purchase by, or possession of
assault weapons or .50 BMG rifles by, any of the following:
   (1) The agencies listed in subdivision (e), and the officers
described in subdivision (f) of Section 12280.
   (2) Entities and persons who have been issued permits pursuant to
this section or Section 12286.
   (3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
   (4) Federal law enforcement and military agencies.
   (5) Law enforcement and military agencies of other states.
   (6) Foreign governments and agencies approved by the United States
State Department.
   (b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section 12230)
of Chapter 2.

12288.  Any individual may arrange in advance to relinquish an
assault weapon or a .50 BMG rifle to a police or sheriff's
department. The assault weapon or .50 BMG rifle shall be transported
in accordance with Section 12026.1.

12288.5.  (a) No peace officer or dispatcher shall broadcast over a
police radio that an individual has registered, or has obtained a
permit to possess, an assault weapon or .50 BMG rifle pursuant to
this chapter, unless there exists a reason to believe in good faith
that one of the following conditions exist:
   (1) The individual has engaged, or may be engaged, in criminal
conduct.
   (2) The police are responding to a call in which the person
allegedly committing a criminal violation may gain access to the
assault weapon or .50 BMG rifle.
   (3) The victim, witness, or person who reported the alleged
criminal violation may be using the assault weapon or .50 BMG rifle
to hold the person allegedly committing the criminal violation or may
be using the weapon in defense of himself, herself, or other
persons.
   (b) This section shall not prohibit a peace officer or dispatcher
from broadcasting over a police radio that an individual has not
registered, or has not obtained a permit to possess, an assault
weapon or .50 BMG rifle pursuant to this chapter.
   (c) This section does not limit the transmission of an assault
weapon or a .50 BMG rifle ownership status via law enforcement
computers or any other medium that is legally accessible only to
peace officers or other authorized personnel.

12289.  (a) The Department of Justice shall conduct a public
education and notification program regarding the registration of
assault weapons and the definition of the weapons set forth in
Section 12276.1. The public education and notification program shall
include outreach to local law enforcement agencies and utilization of
public service announcements in a variety of media approaches, to
ensure maximum publicity of the limited forgiveness period of the
registration requirement specified in subdivision (f) of Section
12285 and the consequences of nonregistration. The department shall
develop posters describing gunowners' responsibilities under this
chapter which shall be posted in a conspicuous place in every
licensed gun store in the state during the forgiveness period. For .
50 BMG rifles, the department's education campaign shall provide
materials to dealers of .50 BMG rifles, and to recognized national
associations that specialize in .50 BMG rifles.
   (b) Any costs incurred by the Department of Justice to implement
this section which cannot be absorbed by the department shall be
funded from the Dealers' Record of Sale Special Account, as set forth
in subdivision (d) of Section 12076, upon appropriation by the
Legislature.

12289.5.  (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of assault weapons.
   (b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.


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