SECTIONS 12600-12601 - California Statutes

PENAL CODE

SECTION 12600-12601

12600. A person who is a peace officer or a custodial officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 may if authorized by and under the terms and conditions as are
specified by his or her employing agency purchase, possess, or
transport any less lethal weapon or ammunition therefor, for official
use in the discharge of his or her duties.

12601. (a) "Less lethal weapon" means any device that is designed
to or that has been converted to expel or propel less lethal
ammunition by any action, mechanism, or process for the purpose of
incapacitating, immobilizing, or stunning a human being through the
infliction of any less than lethal impairment of physical condition,
function, or senses, including physical pain or discomfort. It is not
necessary that a weapon leave any lasting or permanent
incapacitation, discomfort, pain, or other injury or disability in
order to qualify as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
(1) Pistol, revolver, or firearm as defined in Section 12001.
(2) Machinegun as defined in Section 12200.
(3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
(4) Pistols, rifles, and shotguns that are firearms having a
barrel less than 0.18 inches in diameter and that are designed to
expel a projectile by any mechanical means or by compressed air or
gas.
(5) When used as designed or intended by the manufacturer, any
weapon commonly regarded as a toy gun, and that as such is incapable
of inflicting any impairment of physical condition, function, or
senses.
(6) A destructive device as defined in Section 12301.
(7) A tear gas weapon as defined in Section 12402.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon as defined in Section 12276 or 12276.1.
(c) "Less lethal ammunition" means any ammunition that (1) is
designed to be used in any less lethal weapon or any other kind of
weapon (including, but not limited to, firearms, pistols, revolvers,
shotguns, rifles, and spring, compressed air, and compressed gas
weapons) and (2) when used in the less lethal weapon or other weapon
is designed to immobilize or incapacitate or stun a human being
through the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.