SECTIONS 29850-29865 - California Statutes

PENAL CODE

SECTION 29850-29865

29850. (a) A violation of Section 29800, 29805, 29815, or 29820 is
justifiable where all of the following conditions are met:
(1) The person found the firearm or took the firearm from a person
who was committing a crime against the person who found or took the
firearm.
(2) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
(3) If the firearm was transported to a law enforcement agency, it
was transported in accordance with subdivision (b) of Section 25570.
(4) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that the person is transporting the
firearm to the law enforcement agency for disposition according to
law.
(b) Upon the trial for violating Section 29800, 29805, 29815, or
29820, the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
section.
(c) The defendant has the burden of proving by a preponderance of
the evidence that the defendant comes within the provisions of the
exemption created by this section.

29855. (a) Any person employed as a peace officer described in
Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose
employment or livelihood is dependent on the ability to legally
possess a firearm, who is subject to the prohibition imposed by
Section 29805 because of a conviction under Section 273.5, 273.6, or
646.9, may petition the court only once for relief from this
prohibition.
(b) The petition shall be filed with the court in which the
petitioner was sentenced. If possible, the matter shall be heard
before the same judge who sentenced the petitioner.
(c) Upon filing the petition, the clerk of the court shall set the
hearing date and shall notify the petitioner and the prosecuting
attorney of the date of the hearing.
(d) Upon making each of the following findings, the court may
reduce or eliminate the prohibition, impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:
(1) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(2) Finds that the petitioner is not within a prohibited class as
specified in Section 29815, 29820, 29825, or 29900, or subdivision
(a) or (b) of Section 29800, and the court is not presented with any
credible evidence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institutions Code.
(3) Finds that the petitioner does not have a previous conviction
under Section 29805 no matter when the prior conviction occurred.
(e) In making its decision, the court shall consider the
petitioner's continued employment, the interest of justice, any
relevant evidence, and the totality of the circumstances. The court
shall require, as a condition of granting relief from the prohibition
under Section 29805, that the petitioner agree to participate in
counseling as deemed appropriate by the court. Relief from the
prohibition shall not relieve any other person or entity from any
liability that might otherwise be imposed. It is the intent of the
Legislature that courts exercise broad discretion in fashioning
appropriate relief under this section in cases in which relief is
warranted. However, nothing in this section shall be construed to
require courts to grant relief to any particular petitioner. It is
the intent of the Legislature to permit persons who were convicted of
an offense specified in Section 273.5, 273.6, or 646.9 to seek
relief from the prohibition imposed by Section 29805.

29860. (a) Any person who is subject to the prohibition imposed by
Section 29805 because of a conviction of an offense prior to that
offense being added to Section 29805 may petition the court only once
for relief from this prohibition.
(b) The petition shall be filed with the court in which the
petitioner was sentenced. If possible, the matter shall be heard
before the same judge that sentenced the petitioner.
(c) Upon filing the petition, the clerk of the court shall set the
hearing date and notify the petitioner and the prosecuting attorney
of the date of the hearing.
(d) Upon making each of the following findings, the court may
reduce or eliminate the prohibition, impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:
(1) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(2) Finds that the petitioner is not within a prohibited class as
specified in Section 29815, 29820, 29825, or 29900, or subdivision
(a) or (b) of Section 29800, and the court is not presented with any
credible evidence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institutions Code.
(3) Finds that the petitioner does not have a previous conviction
under Section 29805, no matter when the prior conviction occurred.
(e) In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
section in cases in which relief is warranted. However, nothing in
this section shall be construed to require courts to grant relief to
any particular petitioner.

29865. Law enforcement officials who enforce the prohibition
specified in Section 29805 against a person who has been granted
relief pursuant to Section 29855 or 29860 shall be immune from any
liability for false arrest arising from the enforcement of Section
29805 unless the person has in possession a certified copy of the
court order that granted the person relief from the prohibition. This
immunity from liability shall not relieve any person or entity from
any other liability that might otherwise be imposed.