SECTIONS 26800-26915 - California Statutes

PENAL CODE

SECTION 26800-26915

26800. A license under this chapter is subject to forfeiture for a
breach of any of the prohibitions and requirements of this article,
except those stated in the following provisions:
(a) Subdivision (c) of Section 26890.
(b) Subdivision (d) of Section 26890.
(c) Subdivision (b) of Section 26900.

26805. (a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license.
(b) (1) A person licensed pursuant to Sections 26700 and 26705 may
take possession of firearms and commence preparation of registers
for the sale, delivery, or transfer of firearms at any gun show or
event, as defined in Section 478.100 of Title 27 of the Code of
Federal Regulations, or its successor, if the gun show or event is
not conducted from any motorized or towed vehicle. A person
conducting business pursuant to this subdivision shall be entitled to
conduct business as authorized herein at any gun show or event in
the state, without regard to the jurisdiction within this state that
issued the license pursuant to Sections 26700 and 26705, provided the
person complies with all applicable laws, including, but not limited
to, the waiting period specified in subdivision (a) of Section
26815, and all applicable local laws, regulations, and fees, if any.
(2) A person conducting business pursuant to this subdivision
shall publicly display the person's license issued pursuant to
Sections 26700 and 26705, or a facsimile thereof, at any gun show or
event, as specified in this subdivision.
(c) (1) A person licensed pursuant to Sections 26700 and 26705 may
engage in the sale and transfer of firearms other than pistols,
revolvers, or other firearms capable of being concealed upon the
person, at events specified in Sections 26955, 27655, 27900, and
27905, subject to the prohibitions and restrictions contained in
those sections.
(2) A person licensed pursuant to Sections 26700 and 26705 may
also accept delivery of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, outside
the building designated in the license, provided the firearm is being
donated for the purpose of sale or transfer at an auction or similar
event specified in Section 27900.
(d) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.

26810. A person's license under this chapter, or a copy thereof
certified by the issuing authority, shall be displayed on the
premises where it can easily be seen.

26815. No firearm shall be delivered:
(a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
(d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
processing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain from the department the
reason for the prohibition.

26820. No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.

26825. A licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Chapter 5
(commencing with Section 28050).

26830. A licensee shall comply with all of the following:
(a) Sections 27500 to 27535, inclusive.
(b) Section 27555.
(c) Section 28100.
(d) Article 2 (commencing with Section 28150) of Chapter 6.
(e) Article 3 (commencing with Section 28200) of Chapter 6.
(f) Section 30300.

26835. A licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:

(a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
(b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(c) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(d) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
(e) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
(f) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."

26840. (a) Commencing April 1, 1994, and until January 1, 2003, no
pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
(b) Commencing January 1, 2003, no dealer may deliver a handgun
unless the person receiving the handgun presents to the dealer a
valid handgun safety certificate. The firearms dealer shall retain a
photocopy of the handgun safety certificate as proof of compliance
with this requirement.

26845. (a) Commencing January 1, 2003, no handgun may be delivered
unless the purchaser, transferee, or person being loaned the firearm
presents documentation indicating that the person is a California
resident.
(b) Satisfactory documentation shall include a utility bill from
within the last three months, a residential lease, a property deed,
or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by the
Department of Justice.
(c) The firearms dealer shall retain a photocopy of the
documentation as proof of compliance with this requirement.

26850. (a) Commencing January 1, 2003, except as authorized by the
department, no firearms dealer may deliver a handgun unless the
recipient performs a safe handling demonstration with that handgun.
(b) The safe handling demonstration shall commence with the
handgun unloaded and locked with the firearm safety device with which
it is required to be delivered, if applicable. While maintaining
muzzle awareness, that is, the firearm is pointed in a safe
direction, preferably down at the ground, and trigger discipline,
that is, the trigger finger is outside of the trigger guard and along
side of the handgun frame, at all times, the handgun recipient shall
correctly and safely perform the following:
(1) If the handgun is a semiautomatic pistol, the steps listed in
Section 26853.
(2) If the handgun is a double-action revolver, the steps listed
in Section 26856.
(3) If the handgun is a single-action revolver, the steps listed
in Section 26859.
(c) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(d) The firearms dealer shall sign and date an affidavit stating
that the requirements of subdivisions (a) and (b) have been met. The
firearms dealer shall additionally obtain the signature of the
handgun purchaser on the same affidavit. The firearms dealer shall
retain the original affidavit as proof of compliance with this
requirement.
(e) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
(f) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(g) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (b) of Section 31635.
(h) The persons who are exempt from the requirements of
subdivision (a) of Section 31615, pursuant to Section 31700, are also
exempt from performing the safe handling demonstration.

26853. To comply with Section 26850, a safe handling demonstration
for a semiautomatic pistol shall include all of the following steps:
(a) Remove the magazine.
(b) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
(c) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
(d) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
(e) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
(f) Insert the magazine into the magazine well of the firearm.
(g) Manipulate the slide release or pull back and release the
slide.
(h) Remove the magazine.
(i) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
(j) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
(k) Apply the safety, if applicable.
(l) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearm safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in
subdivision (b) of Section 32105 or is subject to subdivision (c) of
Section 32105.

26856. To comply with Section 26850, a safe handling demonstration
for a double-action revolver shall include all of the following
steps:
(a) Open the cylinder.
(b) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(c) Remove the firearm safety device. If the firearm safety device
prevents any of the previous steps, remove the firearm safety device
during the appropriate step.
(d) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
(e) Close the cylinder.
(f) Open the cylinder and eject the round.
(g) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(h) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearm safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in
subdivision (b) of Section 32105 or is subject to subdivision (c) of
Section 32105.

26859. To comply with Section 26850, a safe handling demonstration
for a single-action revolver shall include all of the following
steps:
(a) Open the loading gate.
(b) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(c) Remove the firearm safety device required to be sold with the
handgun. If the firearm safety device prevents any of the previous
steps, remove the firearm safety device during the appropriate step.
(d) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
(e) Open the loading gate and unload the revolver.
(f) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(g) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearm safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in
subdivision (b) of Section 32105 or is subject to subdivision (c) of
Section 32105.

26865. Commencing July 1, 1992, a licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 34205, and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.

26870. A licensee shall not commit an act of collusion as defined
in Section 27550.

26875. A licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(a) All charges required by governmental agencies for processing
firearm transfers required by Section 12806, Chapter 5 (commencing
with Section 28050), and Article 3 (commencing with Section 28200) of
Chapter 6.
(b) All fees that the licensee charges pursuant to Section 12806
and Chapter 5 (commencing with Section 28050).

26880. A licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Section 12806, Chapter 5
(commencing with Section 28050), and Article 3 (commencing with
Section 28200) of Chapter 6.

26885. (a) Except as provided in subdivisions (b) and (c) of
Section 26805, all firearms that are in the inventory of a licensee
shall be kept within the licensed location.
(b) Within 48 hours of discovery, a licensee shall report the loss
or theft of any of the following items to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located:
(1) Any firearm that is merchandise of the licensee.
(2) Any firearm that the licensee takes possession of pursuant to
Chapter 5 (commencing with Section 28050).
(3) Any firearm kept at the licensee's place of business.

26890. (a) Except as provided in subdivisions (b) and (c) of
Section 26805, any time when the licensee is not open for business,
all inventory firearms shall be stored in the licensed location. All
firearms shall be secured using one of the following methods as to
each particular firearm:
(1) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(2) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(3) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(b) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in
subdivision (a).
(c) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
subdivision (a) if the licensee is unable to comply with those
requirements because of local ordinances, covenants, lease
conditions, or similar circumstances not under the control of the
licensee.
(d) Subdivision (a) or (b) shall not apply to a licensee organized
as a nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of the Corporations
Code, or as a mutual benefit corporation pursuant to Part 3
(commencing with Section 7110) of Division 2 of the Corporations
Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.

26895. Commencing January 1, 1994, a licensee shall, upon the
issuance or renewal of a license, submit a copy of it to the
Department of Justice.

26900. (a) A licensee shall maintain and make available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, a firearm transaction record, as defined in Section
16550.
(b) A licensee shall be in compliance with the provisions of
subdivision (a) if the licensee maintains and makes available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, the bound book containing the same information
referred to in Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations and the
records referred to in subdivision (a) of Section 478.124 of Title 27
of the Code of Federal Regulations.

26905. (a) On the date of receipt, a licensee shall report to the
Department of Justice, in a format prescribed by the department, the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
(b) The provisions of this section shall not apply to any of the
following transactions:
(1) A transaction subject to the provisions of Sections 26960 and
27660.
(2) The dealer acquired the firearm from a wholesaler.
(3) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
(4) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(5) Until July 1, 2010, the dealer is also licensed as a
secondhand dealer pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, acquires a handgun, and reports its acquisition pursuant to
Section 21628 of the Business and Professions Code.
(6) Commencing July 1, 2010, the dealer is also licensed as a
secondhand dealer pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, acquires a handgun, and reports its acquisition pursuant to
Section 21628.2 of the Business and Professions Code.

26910. A licensee shall forward, in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102(c) of Title 27 of the Code of Federal Regulations.

26915. (a) A firearms dealer may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the Department of Justice pursuant to
Section 26710. On the application for the certificate, the agent or
employee shall provide the name and California firearms dealer number
of the firearms dealer with whom the person is employed.
(b) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
(c) If the local jurisdiction requires a background check of the
agents or employees of a firearms dealer, the agent or employee shall
obtain a certificate of eligibility pursuant to subdivision (a).
(d) (1) Nothing in this section shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105. The local jurisdiction may not charge a
fee for the additional criminal history check.
(2) Nothing in this section shall be construed to preclude a local
jurisdiction from prohibiting employment based on criminal history
that does not appear as part of obtaining a certificate of
eligibility.
(e) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to 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, from coming into contact with any firearm that is
not secured and from accessing any key, combination, code, or other
means to open any of the locking devices described in subdivision
(g).
(f) Nothing in this section shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
(g) For purposes of this article, "secured" means a firearm that
is made inoperable in one or more of the following ways:
(1) The firearm is inoperable because it is secured by a firearm
safety device listed on the department's roster of approved firearm
safety devices pursuant to subdivision (d) of Section 23655.
(2) The firearm is stored in a locked gun safe or long-gun safe
that meets the standards for department-approved gun safes set forth
in Section 23650.
(3) The firearm is stored in a distinct locked room or area in the
building that is used to store firearms, which can only be unlocked
by a key, a combination, or similar means.
(4) The firearm is secured with a hardened steel rod or cable that
is at least one-eighth of an inch in diameter through the trigger
guard of the firearm. The steel rod or cable shall be secured with a
hardened steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.