SECTIONS 31610-31670 - California Statutes

PENAL CODE

SECTION 31610-31670

31610. It is the intent of the Legislature in enacting this article
to require that persons who obtain handguns have a basic familiarity
with those firearms, including, but not limited to, the safe
handling and storage of those firearms. It is not the intent of the
Legislature to require a handgun safety certificate for the mere
possession of a firearm.

31615. (a) No person shall do either of the following:
(1) Purchase or receive any handgun, except an antique firearm,
without a valid handgun safety certificate.
(2) Sell, deliver, loan, or transfer any handgun, except an
antique firearm, to any person who does not have a valid handgun
safety certificate.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
(c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.

31620. (a) No person may commit an act of collusion as specified in
Section 27550.
(b) Any person who alters, counterfeits, or falsifies a handgun
safety certificate, or who uses or attempts to use any altered,
counterfeited, or falsified handgun safety certificate to purchase a
handgun is guilty of a misdemeanor.
(c) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.

31625. (a) No certified instructor may issue a handgun safety
certificate to any person who has not complied with this article.
Proof of compliance shall be forwarded to the department by certified
instructors as frequently as the department may determine.
(b) No certified instructor may issue a handgun safety certificate
to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue handgun
safety certificates.

31630. (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Sections 26700 to 26915, inclusive, who shall make it
available to the general public. Essential portions of the manual may
be included in the pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
(c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the handgun safety certificate
instructional materials.

31635. (a) The department shall prescribe a minimum level of skill,
knowledge, and competency to be required of all handgun safety
certificate instructors.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer are not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.

31640. (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
(b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
(c) The test shall cover, but not be limited to, all of the
following:
(1) The laws applicable to carrying and handling firearms,
particularly handguns.
(2) The responsibilities of ownership of firearms, particularly
handguns.
(3) Current law as it relates to the private sale and transfer of
firearms.
(4) Current law as it relates to the permissible use of lethal
force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a handgun into the home.
(7) Prevention strategies to address issues associated with
bringing firearms into the home.
(d) The department shall update test materials related to this
article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to assure that no acts of collusion occur while the objective test is
being administered.

31645. (a) An applicant for a handgun safety certificate shall
successfully pass the objective test referred to in Section 31640,
with a passing grade of at least 75 percent. Any person receiving a
passing grade on the objective test shall immediately be issued a
handgun safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.

31650. (a) The certified instructor may charge a fee of twenty-five
dollars ($25), fifteen dollars ($15) of which is to be paid to the
department pursuant to subdivision (c).
(b) An applicant to renew a handgun safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing the provisions listed in
subdivision (e), as determined annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.

31655. (a) The department shall develop handgun safety certificates
to be issued by instructors certified by the department, to those
persons who have complied with this article.
(b) A handgun safety certificate shall include, but not be limited
to, the following information:
(1) A unique handgun safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The handgun safety certificate shall expire five years after
the date that it was issued by the certified instructor.

31660. (a) In the case of loss or destruction of a handgun safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund, created pursuant to
Section 28300.

31665. The department shall be immune from any liability arising
from implementing Sections 31630, 31635, 31640, and subdivision (a)
of Section 31655.

31670. Except for the provisions of former Section 12804, former
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, as added by Section 10 of Chapter 942 of the Statutes of
2001, became operative on January 1, 2003.