2019 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 33880.
(a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm or ammunition.
(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d) The following apply to any charges imposed for administrative costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition.
(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4) A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e) Costs for a hearing or appeal related to the release of any firearm or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm or ammunition to the legal owner.
(f) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
(Amended by Stats. 2018, Ch. 780, Sec. 21. (SB 746) Effective January 1, 2019. Repealed as of July 1, 2020, by its own provisions. See later operative version added by Stats. 2018, Ch. 780.)
