2009 California Penal Code - Section 12800-12809 :: Article 8. Handgun Safety Certificate

PENAL CODE
SECTION 12800-12809

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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