2017 California Code
Penal Code - PEN
PART 6 - CONTROL OF DEADLY WEAPONS
TITLE 4 - FIREARMS
DIVISION 11 - FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION
CHAPTER 2 - Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency
Section 33870.
(a) If a law enforcement agency determines that the applicant is the legal owner of any firearm deposited with the agency, that the applicant is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the applicant shall be entitled to sell or transfer the firearm to a licensed firearms dealer. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm and the prohibition on owning or possessing the firearm will expire on a date specified in the court order, the applicant shall be entitled to have the firearm stored by a licensed firearms dealer for the duration of the prohibition period pursuant to Section 29830.
(b) If the firearm has been lost or stolen, the firearm shall be restored to the lawful owner pursuant to Section 11108.5 upon the owner’s identification of the firearm, proof of ownership, and proof of eligibility to possess a firearm pursuant to Section 33865.
(c) This section does not prevent the local law enforcement agency from charging the rightful owner of the firearm the fees described in Section 33880.
(Amended by Stats. 2013, Ch. 739, Sec. 6. (AB 539) Effective January 1, 2014.)
