SECTIONS 17700-17745 - California Statutes

PENAL CODE

SECTION 17700-17745

17700. The provisions listed in Section 16590 do not apply to any
antique firearm.

17705. (a) The provisions listed in Section 16590 do not apply to
any firearm or ammunition that is a curio or relic as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations and
that is in the possession of a person permitted to possess the items
under Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
(b) Any person prohibited by Chapter 1 (commencing with Section
29610), Chapter 2 (commencing with Section 29800), or Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of this
part, or Section 8100 or 8103 of the Welfare and Institutions Code,
from possessing firearms or ammunition who obtains title to these
items by bequest or intestate succession may retain title for not
more than one year, but actual possession of these items at any time
is punishable under Chapter 1 (commencing with Section 29610),
Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing
with Section 29900) of Division 9 of Title 4 of this part, or Section
8100 or 8103 of the Welfare and Institutions Code. Within the year,
the person shall transfer title to the firearms or ammunition by
sale, gift, or other disposition. Any person who violates this
section is in violation of the applicable provision listed in Section
16590.

17710. (a) The provisions listed in Section 16590 do not apply to
"any other weapon" as defined in subsection (e) of Section 5845 of
Title 26 of the United States Code, which is in the possession of a
person permitted to possess the weapons under the federal Gun Control
Act of 1968 (Public Law 90-618), as amended, and the regulations
issued pursuant thereto.
(b) Any person prohibited by Chapter 1 (commencing with Section
29610), Chapter 2 (commencing with Section 29800), or Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of this
part, or Section 8100 or 8103 of the Welfare and Institutions Code,
from possessing these weapons who obtains title to these weapons by
bequest or intestate succession may retain title for not more than
one year, but actual possession of these weapons at any time is
punishable under Chapter 1 (commencing with Section 29610), Chapter 2
(commencing with Section 29800), or Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of this part, or Section 8100
or 8103 of the Welfare and Institutions Code. Within the year, the
person shall transfer title to the weapons by sale, gift, or other
disposition. Any person who violates this section is in violation of
the applicable provision listed in Section 16590.
(c) The exemption provided by this section does not apply to a pen
gun.

17715. The provisions listed in Section 16590 do not apply to any
instrument or device that is possessed by a federal, state, or local
historical society, museum, or institutional collection that is open
to the public if all of the following conditions are satisfied:
(a) The instrument or device is properly housed.
(b) The instrument or device is secured from unauthorized
handling.
(c) If the instrument or device is a firearm, it is unloaded.

17720. The provisions listed in Section 16590 do not apply to any
instrument or device, other than a short-barreled rifle or a
short-barreled shotgun, which is possessed or used during the course
of a motion picture, television, or video production or entertainment
event by an authorized participant therein in the course of making
that production or event or by an authorized employee or agent of the
entity producing that production or event.

17725. The provisions listed in Section 16590 do not apply to any
instrument or device, other than a short-barreled rifle or a
short-barreled shotgun, which is sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by a person who
is in the business of selling instruments or devices listed in
Section 16590 solely to the entities referred to in Sections 17715
and 17720 when engaging in transactions with those entities.

17730. The provisions listed in Section 16590 do not apply to any
of the following:
(a) The sale to, possession of, or purchase of any weapon, device,
or ammunition, other than a short-barreled rifle or a short-barreled
shotgun, by any federal, state, county, city and county, or city
agency that is charged with the enforcement of any law for use in the
discharge of its official duties.
(b) The possession of any weapon, device, or ammunition, other
than a short-barreled rifle or short-barreled shotgun, by any peace
officer of any federal, state, county, city and county, or city
agency that is charged with the enforcement of any law, when the
officer is on duty and the use is authorized by the agency and is
within the course and scope of the officer's duties.
(c) Any weapon, device, or ammunition, other than a short-barreled
rifle or a short-barreled shotgun, that is sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
any person who is in the business of selling weapons, devices, and
ammunition listed in Section 16590 solely to the entities referred to
in subdivision (a) when engaging in transactions with those
entities.

17735. The provisions listed in Section 16590 do not apply to any
instrument, ammunition, weapon, or device that is not a firearm and
is found and possessed by a person who meets all of the following:
(a) The person is not prohibited from possessing firearms or
ammunition under subdivision (a) of Section 30305 or Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of Title 4 of this part, or Section 8100 or
8103 of the Welfare and Institutions Code.
(b) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport it to a
law enforcement agency for that agency's disposition according to
law.
(c) If the person is transporting the item, the person is
transporting it to a law enforcement agency for disposition according
to law.

17740. The provisions listed in Section 16590 do not apply to any
firearm, other than a short-barreled rifle or short-barreled shotgun,
which is found and possessed by a person who meets all of the
following:
(a) The person is not prohibited from possessing firearms or
ammunition under subdivision (a) of Section 30305 or Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of Title 4 of this part, or Section 8100 or
8103 of the Welfare and Institutions Code.
(b) The person possessed the firearm no longer than was necessary
to deliver or transport it to a law enforcement agency for that
agency's disposition according to law.
(c) If the person is transporting the firearm, the person is
transporting it to a law enforcement agency for disposition according
to law.
(d) Before transporting the firearm to a law enforcement agency,
the person has given prior notice to that law enforcement agency that
the person is transporting the firearm to that law enforcement
agency for disposition according to law.
(e) The firearm is transported in a locked container as defined in
Section 16850.

17745. The provisions listed in Section 16590 do not apply to the
possession of any weapon, device, or ammunition by a forensic
laboratory or by any authorized agent or employee thereof in the
course and scope of the person's authorized activities.