2009 California Penal Code - Section 12800-12809 :: Article 8. Handgun Safety CertificatePENAL CODE
12800. It is the intent of the Legislature in enacting this article to require that persons who obtain handguns have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require a handgun safety certificate for the mere possession of a firearm. 12801. (a) As used in this article, the following definitions shall apply: (1) "Department" means the Department of Justice. (2) "DOJ Certified Instructor" or "certified instructor" means a person designated as a handgun safety instructor by the Department of Justice pursuant to subdivision (d) of Section 12804. (b) No person shall do either of the following: (1) Purchase or receive any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, without a valid handgun safety certificate. (2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, to any person who does not have a valid handgun safety certificate. (c) Any person who violates subdivision (b) is guilty of a misdemeanor. (d) The provisions of this section 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 different provisions of this code shall not be punished under more than one provision. 12802. (a) No person may commit an act of collusion as specified in Section 12072. (b) Any person who alters, counterfeits, or falsifies a handgun safety certificate, or who uses or attempts to use any altered, counterfeited, or falsified handgun safety certificate to purchase a handgun is guilty of a misdemeanor. (c) The provisions of this section 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 this code shall not be punished under more than one provision. 12803. (a) No certified instructor may issue a handgun safety certificate to any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine. (b) No certified instructor may issue a handgun safety certificate to any person who is under 18 years of age. (c) A violation of this section shall be grounds for the department to revoke the instructor's certification to issue handgun safety certificates. 12804. (a) The department shall develop an instruction manual in English and in Spanish by October 1, 2002. The department shall make the instructional manual available to firearms dealers licensed pursuant to Section 12071, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 12080. (b) The department shall develop audiovisual materials in English and in Spanish by March 1, 2003, to be issued to instructors certified by the department. (c) (1) The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. If the person taking the test is unable to read, the examination shall be administered orally. The test shall cover, but not be limited to, all of the following: (A) The laws applicable to carrying and handling firearms, particularly handguns. (B) The responsibilities of ownership of firearms, particularly handguns. (C) Current law as it relates to the private sale and transfer of firearms. (D) Current law as it relates to the permissible use of lethal force. (E) What constitutes safe firearm storage. (F) Issues associated with bringing a handgun into the home. (G) Prevention strategies to address issues associated with bringing firearms into the home. (2) If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator. (d) The department shall prescribe a minimum level of skill, knowledge and competency to be required of all handgun safety certificate instructors. (e) If a dealer licensed pursuant to Section 12071 or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to assure that no acts of collusion occur while the objective test is being administered. (f) The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the handgun safety certificate instructional materials. (g) The department shall develop handgun safety certificates to be issued by instructors certified by the department, to those persons who have complied with this article. (h) The department shall be immune from any liability arising from implementing this section. (i) The department shall update test materials related to this article every five years. (j) Department Certified Instructor applicants shall have a certification to provide training from one of the following organizations as specified, or any entity found by the department to give comparable instruction in firearms safety, or the applicant shall have similar or equivalent training to that provided by the following, as determined by the department: (1) Department of Consumer Affairs, State of California-Firearm Training Instructor. (2) Director of Civilian Marksmanship, Instructor or Rangemaster. (3) Federal Government, Certified Rangemaster or Firearm Instructor. (4) Federal Law Enforcement Training Center, Firearm Instructor Training Program or Rangemaster. (5) United States Military, Military Occupational Specialty (MOS) as marksmanship or firearms instructor. Assignment as Range Officer or Safety Officer are not sufficient. (6) National Rifle Association-Certified Instructor, Law Enforcement Instructor, Rangemaster, or Training Counselor. (7) Commission on Peace Officer Standards and Training (POST), State of California-Firearm Instructor or Rangemaster. (8) Authorization from a State of California accredited school to teach a firearm training course. 12805. (a) An applicant for a handgun safety certificate shall successfully pass the objective test referred to in paragraph (1) of subdivision (c) of Section 12804, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a handgun safety certificate by the instructor. (b) An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test. (c) The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be paid to the department pursuant to subdivision (e). (d) An applicant to renew a handgun safety certificate shall be required to pass the objective test. The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be forwarded to the department pursuant to subdivision (e). (e) The department may charge the certified instructor up to fifteen dollars ($15) for each handgun safety certificate issued by that instructor to cover the department's cost in carrying out and enforcing this article, and enforcing this title, as determined annually by the department. (f) All money received by the department pursuant to this article shall be deposited into the Firearms Safety and Enforcement Special Fund created pursuant to Section 12076.5. (g) The department shall conduct enforcement activities, including, but not limited to, law enforcement activities to ensure compliance with Title 2 (commencing with Section 12000) of Part 4. 12806. (a) A handgun safety certificate shall include, but not be limited to, the following information: (1) A unique handgun safety certificate identification number. (2) The holder's full name. (3) The holder's date of birth. (4) The holder's driver's license or identification number. (5) The holder's signature. (6) The signature of the issuing instructor. (7) The date of issuance. (b) The handgun safety certificate shall expire five years after the date that it was issued by the certified instructor. 12807. (a) The following persons, properly identified, are exempted from the handgun safety certificate requirement in subdivision (b) of Section 12801: (1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Any active or honorably retired federal officer or law enforcement agent. (3) Any reserve peace officer, as defined in Section 832.6. (4) Any person who has successfully completed the course of training specified in Section 832. (5) A firearms dealer licensed pursuant to Section 12071, who is acting in the course and scope of his or her activities as a person licensed pursuant to Section 12071. (6) A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued to him or her by the department pursuant to Section 12071. (7) A person to whom a handgun is being returned, where the person receiving the firearm is the owner of the firearm. (8) A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code. (9) Any individual who has a valid concealed weapons permit issued pursuant to Section 12050. (10) An active, or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card, or other written documentation certifying that the individual is an active or honorably retired member. (11) Any person who is authorized to carry loaded firearms pursuant to subdivision (c) or (d) of Section 12031. (12) Persons who are the holders of a special weapons permit issued by the department pursuant to Section 12095, 12230, 12250, or 12305. (b) The following persons who take title or possession of a handgun by operation of law in a representative capacity, until or unless they transfer title ownership of the handgun to themselves in a personal capacity, are exempted from the handgun safety certificate requirement in subdivision (b) of Section 12801: (1) The executor or administrator of an estate. (2) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, 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. (3) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (4) A receiver performing his or her functions as a receiver. (5) A trustee in bankruptcy performing his or her duties. (6) An assignee for the benefit of creditors performing his or her functions as an assignee. 12808. (a) In the case of loss or destruction of a handgun safety certificate, the issuing instructor shall issue a duplicate certificate upon request and proof of identification to the certificate holder. (b) The department may authorize the issuing instructor to charge a fee not to exceed fifteen dollars ($15), for a duplicate certificate. Revenues from this fee shall be deposited in the Firearms Safety and Enforcement Special Fund, created pursuant to Section 12076.5. 12809. Except for the provisions of Section 12804, this article shall become operative on January 1, 2003.
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