SECTIONS 28050-28070 - California Statutes

PENAL CODE

SECTION 28050-28070

28050. (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Sections 26700 to
26915, inclusive, in accordance with this chapter in order to comply
with Section 27545.
(b) The seller or transferor or the person loaning the firearm
shall deliver the firearm to the dealer who shall retain possession
of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or
transferee or the person being loaned the firearm, if it is not
prohibited, in accordance with Section 27540.
(d) If the dealer cannot legally deliver the firearm to the
purchaser or transferee or the person being loaned the firearm, the
dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 26815 and 27540, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of Section 27500, 27505, 27515, 27520, 27525,
27530, or 27535. If the dealer cannot legally return the firearm to
the transferor or seller or the person loaning the firearm, then the
dealer shall forthwith deliver the firearm to the sheriff of the
county or the chief of police or other head of a municipal police
department of any city or city and county, who shall then dispose of
the firearm in the manner provided by Sections 18000, 18005, and
34000.

28055. (a) For a sale, loan, or transfer conducted pursuant to this
chapter, the purchaser or transferee or person being loaned the
firearm may be required by the dealer to pay a fee not to exceed ten
dollars ($10) per firearm.
(b) No other fee may be charged by the dealer for a sale, loan, or
transfer of a firearm conducted pursuant to this chapter, except for
the applicable fees that may be charged pursuant to Sections 23690
and 28300 and Article 3 (commencing with Section 28200) of Chapter 6
and forwarded to the Department of Justice, and the fees set forth in
Section 31650.
(c) The dealer may not charge any additional fees.
(d) Nothing in these provisions shall prevent a dealer from
charging a smaller fee.

28060. The Attorney General shall adopt regulations under this
chapter to do all of the following:
(a) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to preserve the
confidentiality of those records and to comply with the requirements
of this chapter and all of the following:
(1) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2.
(2) Article 1 (commencing with Section 27500) of Chapter 4.
(3) Article 2 (commencing with Section 28150) of Chapter 6.
(4) Article 3 (commencing with Section 28200) of Chapter 6.
(b) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with paragraph (2) of subdivision (a) of Section
27560, to allow a personal handgun importer's ownership of the
pistol, revolver, or other firearm capable of being concealed upon
the person being sold or transferred to be recorded in a manner that
if the firearm is returned to that personal handgun importer because
the sale or transfer cannot be completed, the Department of Justice
will have sufficient information about that personal handgun importer
so that a record of the importer's ownership can be maintained in
the registry provided by subdivision (c) of Section 11106.
(c) Ensure that the register or record of electronic transfer
shall state all of the following:
(1) The name and address of the seller or transferor of the
firearm or the person loaning the firearm.
(2) Whether or not the person is a personal handgun importer.
(3) Any other information required by Article 2 (commencing with
Section 28150) of Chapter 6.

28065. Notwithstanding any other provision of law, a dealer who
does not sell, transfer, or keep an inventory of handguns is not
required to process private party transfers of handguns.

28070. A violation of this chapter by a dealer is a misdemeanor.