SECTIONS 12101 - California Statutes

PENAL CODE

SECTION 12101

12101. (a) (1) A minor shall not possess a pistol, revolver, or
other firearm capable of being concealed upon the person.
(2) Paragraph (1) shall not apply if one of the following
circumstances exists:
(A) The minor is accompanied by his or her parent or legal
guardian, and the minor is actively engaged in, or is in direct
transit to or from, a lawful, recreational sport, including, but not
limited to, competitive shooting, or agricultural, ranching, or
hunting activity, or a motion picture, television, or video
production, or entertainment or theatrical event, the nature of which
involves this use of a firearm.
(B) The minor is accompanied by a responsible adult, the minor has
the prior written consent of his or her parent or legal guardian,
and the minor is actively engaged in, or is in direct transit to or
from, a lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(C) The minor is at least 16 years of age, the minor has the prior
written consent of his or her parent or legal guardian and the minor
is actively engaged in, or is in direct transit to or from, a lawful
recreational sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting activity, or a motion
picture, television, or video production, or entertainment or
theatrical event, the nature of which involves the use of a firearm.
(D) The minor has the prior written consent of his or her parent
or legal guardian, the minor is on lands owned or lawfully possessed
by his or her parent or legal guardian, and the minor is actively
engaged in, or is in direct transit to or from, a lawful,
recreational sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting activity, or a motion
picture, television, or video production, or entertainment or
theatrical event, the nature of which involves the use of a firearm.
(b) (1) A minor shall not possess live ammunition.
(2) Paragraph (1) shall not apply if one of the following
circumstances exists:
(A) The minor has the written consent of his or her parent or
legal guardian to possess live ammunition.
(B) The minor is accompanied by his or her parent or legal
guardian.
(C) The minor is actively engaged in, or is going to or from, a
lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
the nature of which involves the use of a firearm.
(c) Every minor who violates this section shall be punished as
follows:
(1) By imprisonment in the state prison or in a county jail if one
of the following applies:
(A) The minor has been found guilty previously of violating this
section.
(B) The minor has been found guilty previously of an offense
specified in subdivision (b) of Section 12021.1 or in Section 12020,
12220, 12520, or 12560.
(C) The minor has been found guilty of a violation of paragraph
(1) of subdivision (a).
(2) Violations of this section other than those violations
specified in paragraph (1) shall be punishable as a misdemeanor.
(d) In a proceeding to enforce this section brought pursuant to
Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of
the Welfare and Institutions Code, the court may require the
custodial parent or legal guardian of a minor who violates this
section to participate in classes on parenting education that meet
the requirements established in Section 16507.7 of the Welfare and
Institutions Code.
(e) As used in this section, "responsible adult" means a person at
least 21 years of age who is not prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
(f) It is not the intent of the Legislature in enacting the
amendments to this section or to Section 12078 to expand or narrow
the application of current statutory or judicial authority as to the
rights of minors to be loaned or to possess live ammunition or a
firearm for the purpose of self-defense or the defense of others.