SECTIONS 27500-27590 - California Statutes

PENAL CODE

SECTION 27500-27590

27500. (a) No person, corporation, or firm shall knowingly sell,
supply, deliver, or give possession or control of a firearm to any
person within any of the classes prohibited by Chapter 2 (commencing
with Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9.
(b) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm to anyone whom the
person, corporation, or dealer has cause to believe is within any of
the classes prohibited 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.

27505. (a) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.
(b) Subdivision (a) shall not apply to or affect the following
circumstances:
(1) The sale of a handgun, if the handgun is an antique firearm
and the sale is to a person at least 18 years of age.
(2) The transfer or loan of a firearm, other than a handgun, to a
minor by the minor's parent or legal guardian.
(3) The transfer or loan of a firearm, other than a handgun, to a
minor by a grandparent who is not the legal guardian of the minor, if
the transfer is done with the express permission of the minor's
parent or legal guardian.
(4) The loan of a firearm, other than a handgun, to a minor, with
the express permission of the minor's parent or legal guardian, if
the loan does not exceed 30 days in duration and is for a lawful
purpose.
(5) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
(A) The minor is being loaned the firearm for the purposes of
engaging in 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) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the 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.
(6) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
(A) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
(B) The minor is being loaned the firearm for the purpose of
engaging in 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 duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the 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 duration of the loan does not, in any event, exceed 10
days.

27510. No person licensed under Sections 26700 to 26915, inclusive,
shall sell, supply, deliver, or give possession or control of a
handgun to any person under the age of 21 years, or any other firearm
to a person under the age of 18 years.

27515. No person, corporation, or dealer shall sell, loan, or
transfer a firearm to anyone whom the person, corporation, or dealer
knows or has cause to believe is not the actual purchaser or
transferee of the firearm, or to anyone who is not the one actually
being loaned the firearm, if the person, corporation, or dealer has
either of the following:
(a) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the provisions of Section 27540 or 27545.
(b) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the requirements of any exemption to the
provisions of Section 27540 or 27545.

27520. No person, corporation, or dealer shall acquire a firearm
for the purpose of selling, loaning, or transferring the firearm, if
the person, corporation, or dealer has either of the following:
(a) In the case of a dealer, intent to violate Section 27510 or
27540.
(b) In any other case, intent to avoid either of the following:
(1) The provisions of Section 27545.
(2) The requirements of any exemption to the provisions of Section
27545.

27525. (a) A dealer shall comply with Section 26905.
(b) A dealer shall comply with Section 26910.

27530. No person shall sell or otherwise transfer ownership in a
handgun unless the firearm bears either:
(a) The name of the manufacturer, the manufacturer's make or
model, and a manufacturer's serial number assigned to that firearm.
(b) The identification number or mark assigned to the firearm by
the Department of Justice pursuant to Section 23910.

27535. (a) No person shall make an application to purchase more
than one handgun within any 30-day period.
(b) Subdivision (a) shall not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in
California.
(5) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of employment as a peace
officer.
(6) Any motion picture, television, or video production company or
entertainment or theatrical company whose production by its nature
involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with
Section 27600), Article 3 (commencing with Section 27650), or Article
4 (commencing with Section 27700), claim an exemption from the
waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, and has a current
certificate of eligibility issued by the Department of Justice
pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun when the person's handgun was
lost or stolen, and the person reported that firearm lost or stolen
prior to the completion of the application to purchase to any local
law enforcement agency of the city, county, or city and county in
which the person resides.
(12) The return of any handgun to its owner.
(13) A community college that is certified by the Commission on
Peace Officer Standards and Training to present the law enforcement
academy basic course or other commission-certified law enforcement
training.

27540. No dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall deliver a firearm to a person,
as follows:
(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
possessing, receiving, owning, or purchasing a firearm.
(e) (1) Commencing April 1, 1994, and until January 1, 2003, no
handgun shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
(2) Commencing January 1, 2003, no handgun shall be delivered
unless the purchaser, transferee, or person being loaned the handgun
presents a handgun safety certificate to the dealer.
(f) No handgun shall be delivered whenever the dealer is notified
by the Department of Justice that within the preceding 30-day period
the purchaser has made another application to purchase a handgun and
that the previous application to purchase involved none of the
entities specified in subdivision (b) of Section 27535.

27545. Where neither party to the transaction holds a dealer's
license issued pursuant to Sections 26700 to 26915, inclusive, the
parties to the transaction shall complete the sale, loan, or transfer
of that firearm through a licensed firearms dealer pursuant to
Chapter 5 (commencing with Section 28050).

27550. (a) No person may commit an act of collusion relating to
Sections 31610 to 31700, inclusive.
(b) For purposes of this section and Section 26870, collusion may
be proven by any one of the following factors:
(1) Answering a test applicant's questions during an objective
test relating to firearms safety.
(2) Knowingly grading the examination falsely.
(3) Providing an advance copy of the test to an applicant.
(4) Taking or allowing another person to take the basic firearms
safety course for one who is the applicant for a basic firearms
safety certificate or a handgun safety certificate.
(5) Allowing another to take the objective test for the applicant,
purchaser, or transferee.
(6) Using or allowing another to use one's identification, proof
of residency, or thumbprint.
(7) Allowing others to give unauthorized assistance during the
examination.
(8) Reference to unauthorized materials during the examination and
cheating by the applicant.
(9) Providing originals or photocopies of the objective test, or
any version thereof, to any person other than as authorized by the
department.

27555. (a) (1) Commencing July 1, 2008, a person who is licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code may not sell, deliver, or transfer a firearm
to a person in California who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
unless, prior to delivery, the person intending to sell, deliver, or
transfer the firearm obtains a verification number via the Internet
for the intended sale, delivery, or transfer, from the Department of
Justice.
(2) If Internet service is unavailable to either the department or
the licensee due to a technical or other malfunction, or a federal
firearms licensee who is located outside of California does not
possess a computer or have Internet access, alternate means of
communication, including facsimile or telephone, shall be made
available for a licensee to obtain a verification number in order to
comply with this section.
(b) For every verification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
Section 26715, or the centralized list of exempted federal firearms
licensees pursuant to Section 28450, or the centralized list of
firearms manufacturers pursuant to Section 29060.
(c) (1) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is authorized to receive
the firearm shipment, the department shall issue to the inquiring
party, a unique verification number for the intended sale, delivery,
or transfer. One verification number shall be issued for each sale,
delivery, or transfer, which may involve multiple firearms.
(2) In addition to the unique verification number, the department
may provide to the inquiring party information necessary for
determining the eligibility of the intended recipient to receive the
firearm.
(3) The person intending to sell, deliver, or transfer the firearm
shall provide the unique verification number to the recipient along
with the firearm upon delivery, in a manner to be determined by the
department.
(d) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is not authorized to
receive the firearm shipment, the department shall notify the
inquiring party that the intended recipient is ineligible to receive
the shipment.
(e) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, or by
alternate means of communication, such as by facsimile or telephone,
including all required enrollment information and procedures.

27560. (a) On or after January 1, 1998, within 60 days of bringing
a handgun into this state, a personal handgun importer shall do one
of the following:
(1) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
(2) Sell or transfer the firearm in accordance with the provisions
of Section 27545 or in accordance with the provisions of an
exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to
Sections 26700 to 26915, inclusive.
(4) Sell or transfer the firearm to a sheriff or police
department.
(b) If all of the following requirements are satisfied, the
personal handgun importer shall have complied with the provisions of
this section:
(1) The personal handgun importer sells or transfers the handgun
pursuant to Section 27545.
(2) The sale or transfer cannot be completed by the dealer to the
purchaser or transferee.
(3) The firearm can be returned to the personal handgun importer.
(c) (1) The provisions of this section are cumulative and shall
not be construed as restricting the application of any other law.
(2) However, an act or omission punishable in different ways by
this article and different provisions of the Penal Code shall not be
punished under more than one provision.
(d) On and after January 1, 1998, the department shall conduct a
public education and notification program regarding this section to
ensure a high degree of publicity of the provisions of this section.
(e) As part of the public education and notification program
described in this section, the department shall do all of the
following:
(1) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this section is advised of
the provisions of this section, and provided with blank copies of the
report described in paragraph (1) of subdivision (a), at the time
when that person applies for a California driver's license or
registers a motor vehicle in accordance with the Vehicle Code.
(2) Make the reports referred to in paragraph (1) of subdivision
(a) available to dealers licensed pursuant to Sections 26700 to
26915, inclusive.
(3) Make the reports referred to in paragraph (1) of subdivision
(a) available to law enforcement agencies.
(4) Make persons subject to the provisions of this section aware
of all of the following:
(A) The report referred to in paragraph (1) of subdivision (a) may
be completed at either a law enforcement agency or the licensed
premises of a dealer licensed pursuant to Sections 26700 to 26915,
inclusive.
(B) It is advisable to do so for the sake of accuracy and
completeness of the report.
(C) Before transporting a handgun to a law enforcement agency to
comply with subdivision (a), the person should give notice to the law
enforcement agency that the person is doing so.
(D) In any event, the handgun should be transported unloaded and
in a locked container.
(f) Any costs incurred by the department to implement this section
shall be absorbed by the department within its existing budget and
the fees in the Dealers' Record of Sale Special Account allocated for
implementation of subdivisions (d) and (e) of this section pursuant
to Section 28235.

27565. (a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a
handgun.
(4) The licensed collector takes actual possession of that firearm
outside of this state pursuant to the provisions of subsection (j)
of Section 923 of Title 18 of the United States Code, as amended by
Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state
under the circumstances described in subdivision (a), the licensed
collector shall report the acquisition of that firearm to the
department in a format prescribed by the department.

27570. (a) It is the intent of the Legislature that a violation of
Section 27560 or 27565 shall not constitute a "continuing offense"
and the statute of limitations for commencing a prosecution for a
violation of Section 27560 or 27565 commences on the date that the
applicable grace period specified in Section 27560 or 27565 expires.
(b) Sections 27560 and 27565 shall not apply to a person who
reports ownership of a handgun after the applicable grace period
specified in Section 27560 or 27565 expires if evidence of that
violation arises only as the result of the person submitting the
report described in Section 27560 or 27565.

27590. (a) Except as provided in subdivision (b), (c), or (e), a
violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment in the state prison for
two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, of this article or former
Section 12100 of this code, as that section read at any time from
when it was enacted by Section 3 of Chapter 1386 of the Statutes of
1988 to when it was repealed by Section 18 of Chapter 23 of the
Statutes of 1994, or Section 8101 of the Welfare and Institutions
Code.
(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in 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.
(5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
(1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.
(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a
handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a pistol, revolver, or other firearm capable
of being concealed upon the person.
(5) A violation of Section 27545 involving a handgun.
(6) A violation of Section 27550.
(d) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section
27500.
(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a
misdemeanor.
(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.