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2022 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.

Universal Citation:
CA Penal Code § 33870 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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33870. (a) If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.

(b) If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owner’s identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.

(c) This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.

(d) This section shall become operative on July 1, 2020.

(Repealed and added by Stats. 2018, Ch. 780, Sec. 18. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

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