SECTIONS 25600-25655 - California Statutes

PENAL CODE

SECTION 25600-25655

25600. (a) A violation of Section 25400 is justifiable when a
person who possesses a firearm reasonably believes that person is in
grave danger because of circumstances forming the basis of a current
restraining order issued by a court against another person who has
been found to pose a threat to the life or safety of the person who
possesses the firearm. This section may not apply when the
circumstances involve a mutual restraining order issued pursuant to
Division 10 (commencing with Section 6200) of the Family Code absent
a factual finding of a specific threat to the person's life or
safety. It is not the intent of the Legislature to limit, restrict,
or narrow the application of current statutory or judicial authority
to apply this or other justifications to a defendant charged with
violating Section 25400 or committing another similar offense.
(b) Upon trial for violating Section 25400, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that the defendant was in grave danger.

25605. (a) Section 25400 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, who carries, either openly or concealed, anywhere within the
citizen's or legal resident's place of residence, place of business,
or on private property owned or lawfully possessed by the citizen or
legal resident, any pistol, revolver, or other firearm capable of
being concealed upon the person.
(b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, to purchase, own, possess, keep, or carry, either openly or
concealed, a pistol, revolver, or other firearm capable of being
concealed upon the person within the citizen's or legal resident's
place of residence, place of business, or on private property owned
or lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the
application of Sections 25850 to 26055, inclusive.

25610. (a) Section 25400 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with the provisions listed in Section 16580.

25615. Section 25400 does not apply to, or affect, the possession
or transportation of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person as merchandise by a person
who is engaged in the business of manufacturing, importing,
wholesaling, repairing, or dealing in firearms and who is licensed to
engage in that business, or the authorized representative or
authorized agent of that person, while engaged in the lawful course
of the business.

25620. Section 25400 does not apply to, or affect, any member of
the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United
States, or the National Guard, when on duty, or any organization
that is by law authorized to purchase or receive those weapons from
the United States or this state.

25625. Section 25400 does not apply to, or affect, the carrying of
unloaded pistols, revolvers, or other firearms capable of being
concealed upon the person by duly authorized military or civil
organizations while parading, or the members thereof when going to
and from the places of meeting of their respective organizations.

25630. Section 25400 does not apply to, or affect, any guard or
messenger of any common carrier, bank, or other financial
institution, while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds,
or other thing of value within this state.

25635. Section 25400 does not apply to, or affect, members of any
club or organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while the members are using pistols, revolvers, or other
firearms capable of being concealed upon the person upon the target
ranges, or transporting these firearms unloaded when going to and
from the ranges.

25640. Section 25400 does not apply to, or affect, licensed hunters
or fishermen carrying pistols, revolvers, or other firearms capable
of being concealed upon the person while engaged in hunting or
fishing, or transporting those firearms unloaded when going to or
returning from the hunting or fishing expedition.

25645. Section 25400 does not apply to, or affect, the
transportation of unloaded firearms by a person operating a licensed
common carrier or an authorized agent or employee thereof when the
firearms are transported in conformance with applicable federal law.

25650. (a) Upon approval of the sheriff of the county in which the
retiree resides, Section 25400 does not apply to, or affect, any
honorably retired federal officer or agent of any federal law
enforcement agency, including, but not limited to, the Federal Bureau
of Investigation, the Secret Service, the United States Customs
Service, the Federal Bureau of Alcohol, Tobacco, and Firearms, the
Federal Bureau of Narcotics, the Drug Enforcement Administration, the
United States Border Patrol, and any officer or agent of the
Internal Revenue Service who was authorized to carry weapons while on
duty, who was assigned to duty within the state for a period of not
less than one year, or who retired from active service in the state.
(b) A retired federal officer or agent shall provide the sheriff
with certification from the agency from which the officer or agent
retired certifying that person's service in the state, the nature of
that person's retirement, and indicating the agency's concurrence
that the retired federal officer or agent should be accorded the
privilege of carrying a concealed firearm.
(c) Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that the retiree may
carry a concealed firearm in accordance with this section. The permit
shall be valid for a period not exceeding five years, shall be
carried by the retiree while carrying a concealed firearm, and may be
revoked for good cause.
(d) The sheriff of the county in which the retired federal officer
or agent resides may require recertification prior to a permit
renewal, and may suspend the privilege for cause. The sheriff may
charge a fee necessary to cover any reasonable expenses incurred by
the county.

25655. Section 25400 does not apply to, or affect, the carrying of
a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a
concealed manner pursuant to Chapter 4 (commencing with Section
26150).