SECTIONS 30900-30965 - California Statutes

PENAL CODE

SECTION 30900-30965

30900. (a) Any person who, prior to June 1, 1989, lawfully
possessed an assault weapon, as defined in former Section 12276, as
added by Section 3 of Chapter 19 of the Statutes of 1989, shall
register the firearm by January 1, 1991, and any person who lawfully
possessed an assault weapon prior to the date it was specified as an
assault weapon pursuant to former Section 12276.5, as added by
Section 3 of Chapter 19 of the Statutes of 1989 or as amended by
Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of
Chapter 954 of the Statutes of 1991, shall register the firearm
within 90 days with the Department of Justice pursuant to those
procedures that the department may establish.
(b) Except as provided in Section 30600, any person who lawfully
possessed an assault weapon prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1, as it read in
Section 7 of Chapter 129 of the Statutes of 1999, and which was not
specified as an assault weapon under former Section 12276, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, or former Section 12276.5, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, shall register the firearm by
January 1, 2001, with the department pursuant to those procedures
that the department may establish.
(c) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
full name, address, date of birth, and thumbprint of the owner, and
any other information that the department may deem appropriate.
(d) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the actual
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall increase at a rate not to exceed the legislatively
approved annual cost-of-living adjustment for the department's
budget or as otherwise increased through the Budget Act. The fees
shall be deposited into the Dealers' Record of Sale Special Account.

30905. (a) Except as provided in Section 30600, any person who
lawfully possesses any .50 BMG rifle prior to January 1, 2005, that
is not specified as an assault weapon under former Section 12276, as
it reads in Section 19 of Chapter 606 of the Statutes of 1993, or
former Section 12276.5, as it reads in Section 3 of Chapter 954 of
the Statutes of 1991, or defined as an assault weapon pursuant to
former Section 12276.1, as it reads in Section 3 of Chapter 911 of
the Statutes of 2002, shall register the .50 BMG rifle with the
department no later than April 30, 2006, pursuant to those procedures
that the department may establish.
(b) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
full name, address, date of birth, and thumbprint of the owner, and
any other information that the department may deem appropriate.
(c) The department may charge a fee for registration of
twenty-five dollars ($25) per person to cover the actual processing
and public education campaign costs of the department. The fees shall
be deposited into the Dealers' Record of Sale Special Account.
Data-processing costs associated with modifying the department's data
system to accommodate .50 caliber BMG rifles shall not be paid from
the Dealers' Record of Sale Special Account.

30910. Except as provided in Section 30925, no assault weapon
possessed pursuant to this article may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer or as provided in Section 31100.

30915. Any person who obtains title to an assault weapon registered
under this article or that was possessed pursuant to subdivision (a)
of Section 30630 by bequest or intestate succession shall, within 90
days, do one or more of the following:
(a) Render the weapon permanently inoperable.
(b) Sell the weapon to a licensed gun dealer.
(c) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(d) Remove the weapon from this state.

30920. (a) Any person who lawfully possessed a firearm subsequently
declared to be an assault weapon pursuant to former Section 12276.5,
as it reads in Section 3 of Chapter 19 of the Statutes of 1989,
Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of
Chapter 954 of the Statutes of 1991, or subsequently defined as an
assault weapon pursuant to former Section 12276.1, as that section
read at any time from when it was enacted by Section 7 of Chapter 129
of the Statutes of 1999 to when it was repealed by the Deadly
Weapons Recodification Act of 2010, shall, within 90 days, do one or
more of the following:
(1) Render the weapon permanently inoperable.
(2) Sell the weapon to a licensed gun dealer.
(3) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(4) Remove the weapon from this state.
(b) Notwithstanding subdivision (a), a person who lawfully
possessed a firearm that was subsequently declared to be an assault
weapon pursuant to former Section 12276.5 may alternatively register
the firearm within 90 days of the declaration issued pursuant to
subdivision (f) of former Section 12276.5, as it reads in Section 3
of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of
the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of
1991.

30925. A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(a) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
(b) The person shall cause the assault weapon to be delivered to a
licensed gun dealer in this state in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto. If the person obtains a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 32650) of Chapter 6, the
dealer shall redeliver that assault weapon to the person. If the
licensed gun dealer is prohibited from delivering the assault weapon
to a person pursuant to this section, the dealer shall possess or
dispose of the assault weapon as allowed by this chapter.

30930. Except as provided in Section 30940, no .50 BMG rifle
possessed pursuant to this article may be sold or transferred on or
after January 1, 2005, to anyone within this state other than to a
licensed gun dealer or as provided in Section 31100.

30935. Any person who obtains title to a .50 BMG rifle registered
under this article or that was possessed pursuant to subdivision (a)
of Section 30630 by bequest or intestate succession shall, within 180
days of receipt, do one or more of the following:
(a) Render the weapon permanently inoperable.
(b) Sell the weapon to a licensed gun dealer.
(c) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(d) Remove the weapon from this state.

30940. A person moving into this state, otherwise in lawful
possession of a .50 BMG rifle, shall do one of the following:
(a) Prior to bringing the .50 BMG rifle into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
(b) The person shall cause the .50 BMG rifle to be delivered to a
licensed gun dealer in this state in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto. If the person obtains a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 32650) of Chapter 6, the
dealer shall redeliver that .50 BMG rifle to the person. If the
licensed gun dealer is prohibited from delivering the .50 caliber BMG
rifle to a person pursuant to this section, the dealer shall dispose
of the .50 BMG rifle as allowed by this chapter.

30945. Unless a permit allowing additional uses is first obtained
under Section 31000, a person who has registered an assault weapon or
registered a .50 BMG rifle under this article may possess it only
under any of the following conditions:
(a) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
(b) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(c) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(d) While on the premises of a shooting club that is licensed
pursuant to the Fish and Game Code.
(e) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(f) While on publicly owned land, if the possession and use of a
firearm described in Section 30510, 30515, 30520, or 30530, is
specifically permitted by the managing agency of the land.
(g) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this section, or to any licensed gun
dealer, for servicing or repair pursuant to Section 31050, if the
assault weapon is transported as required by Sections 16850 and
25610.

30950. No person who is under the age of 18 years, and no person
who is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm, may register or possess an assault
weapon or .50 BMG rifle.

30955. The department's registration procedures shall provide the
option of joint registration for any assault weapon or .50 BMG rifle
owned by family members residing in the same household.

30960. (a) For 90 days following January 1, 1992, a forgiveness
period shall exist to allow any person specified in subdivision (b)
of former Section 12280, as it reads in Section 4.5 of Chapter 954 of
the Statutes of 1991, to register with the Department of Justice any
assault weapon that the person lawfully possessed prior to June 1,
1989.
(b) (1) Any person who registers an assault weapon during the
90-day forgiveness period described in subdivision (a), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of former Section 12280,
as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
subsequently amended, if law enforcement becomes aware of that
violation only as a result of the registration of the assault weapon.
(2) This section shall have no effect upon any person charged
prior to January 1, 1992, with a violation of subdivision (b) of
former Section 12280 as added by Section 3 of Chapter 19 of the
Statutes of 1989 or as subsequently amended, provided that law
enforcement was aware of the violation before the weapon was
registered.

30965. (a) Any person who registered a firearm as an assault weapon
pursuant to the provisions of law in effect prior to January 1,
2000, where the assault weapon is thereafter defined as an assault
weapon pursuant to Section 30515 or former Section 12276.1, as that
section read at any time from when it was enacted by Section 7 of
Chapter 129 of the Statutes of 1999 to when it was repealed by the
Deadly Weapons Recodification Act of 2010, shall be deemed to have
registered the weapon for purposes of this chapter and shall not be
required to reregister the weapon pursuant to this article.
(b) Any person who legally registered a firearm as an assault
weapon pursuant to the provisions of law in effect prior to January
1, 2005, where the assault weapon is thereafter defined as a .50
caliber BMG rifle pursuant to Section 30530 or former Section 12278,
shall be deemed to have registered the weapon for purposes of this
chapter and shall not be required to reregister the weapon pursuant
to this article.