SECTIONS 33850-33895 - California Statutes

PENAL CODE

SECTION 33850-33895

33850. (a) Any person who claims title to any firearm that is in
the custody or control of a court or law enforcement agency and who
wishes to have the firearm returned shall make application for a
determination by the Department of Justice as to whether the
applicant is eligible to possess a firearm. The application shall
include the following:
(1) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
(2) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, the application shall also
include the applicant's country of citizenship and the applicant's
alien registration or I-94 number.
(3) If the firearm is a handgun, the firearm's make, model,
caliber, barrel length, handgun type, country of origin, and serial
number.
(4) For residents of California, the applicant's valid California
driver's license number or valid California identification card
number issued by the Department of Motor Vehicles. For nonresidents
of California, a copy of the applicant's military identification with
orders indicating that the individual is stationed in California, or
a copy of the applicant's valid driver's license from the applicant'
s state of residence, or a copy of the applicant's state
identification card from the applicant's state of residence. Copies
of the documents provided by non-California residents shall be
notarized.
(5) The name of the court or law enforcement agency holding the
firearm.
(6) The signature of the applicant and the date of signature.
(7) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4), shall
be guilty of a misdemeanor.
(b) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain possession
of the firearm, and the firearm is an otherwise legal firearm, and
the person otherwise has right to title of the firearm, shall be
entitled to sell or transfer title of the firearm to a licensed
dealer.
(c) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4) of
subdivision (a), is punishable as a misdemeanor.

33855. No law enforcement agency or court that has taken custody of
any firearm may return the firearm to any individual unless the
following requirements are satisfied:
(a) The individual presents to the agency or court notification of
a determination by the department pursuant to Section 33865 that the
person is eligible to possess firearms.
(b) If the agency or court has direct access to the Automated
Firearms System, the agency or court has verified that the firearm is
not listed as stolen pursuant to Section 11108, and that the firearm
has been recorded in the Automated Firearms System in the name of
the individual who seeks its return.
(c) If the firearm has been reported lost or stolen pursuant to
Section 11108, a law enforcement agency shall notify the owner or
person entitled to possession pursuant to Section 11108.5. However,
that person shall provide proof of eligibility to possess a firearm
pursuant to Section 33865.
(d) Nothing in this section shall prevent the local law
enforcement agency from charging the rightful owner or person
entitled to possession of the firearm the fees described in Section
33880. However, an individual who is applying for a background check
to retrieve a firearm that came into the custody or control of a
court or law enforcement agency pursuant to Section 33850 shall be
exempt from the fees in Section 33860, provided that the court or
agency determines the firearm was reported stolen to a law
enforcement agency prior to the date the firearm came into custody or
control of the court or law enforcement agency, or within five
business days of the firearm being stolen from its owner. The court
or agency shall notify the Department of Justice of this fee
exemption in a manner prescribed by the department.

33860. (a) The Department of Justice shall establish a fee of
twenty dollars ($20) per request for return of a firearm, plus a
three-dollar ($3) charge for each additional handgun being processed
as part of the request to return a firearm, to cover its costs for
processing firearm clearance determinations submitted pursuant to
this chapter.
(b) The fees collected pursuant to subdivision (a) shall be
deposited into the Dealers' Record of Sale Special Account.
(c) The department may increase the fee by using the California
Consumer Price Index as compiled and reported by the California
Department of Industrial Relations to determine an annual rate of
increase. Any fee increase shall be rounded to the nearest dollar.

33865. (a) When the Department of Justice receives a completed
application pursuant to Section 33850 accompanied by the fee required
pursuant to Section 33860, it shall conduct an eligibility check of
the applicant to determine whether the applicant is eligible to
possess a firearm.
(b) The department shall have 30 days from the date of receipt to
complete the background check, unless the background check is delayed
by circumstances beyond the control of the department. The applicant
may contact the department to inquire about the reason for a delay.
(c) If the department determines that the applicant is eligible to
possess the firearm, the department shall provide the applicant with
written notification that includes the following:
(1) The identity of the applicant.
(2) A statement that the applicant is eligible to possess a
firearm.
(3) If the firearm is a handgun, a description of the handgun by
make, model, and serial number.
(d) If the firearm is a handgun, the department shall enter a
record of the handgun into the Automated Firearms System.
(e) If the department denies the application, and the firearm is
an otherwise legal firearm, the department shall notify the applicant
of the denial and provide a form for the applicant to use to sell or
transfer the firearm to a licensed dealer. The applicant may contact
the department to inquire about the reason for the denial.

33870. (a) If a law enforcement agency determines that the
applicant is the legal owner of any firearm deposited with the
agency, that the applicant is prohibited from possessing any firearm,
and that the firearm is an otherwise legal firearm, the applicant
shall be entitled to sell or transfer the firearm to a licensed
dealer.
(b) If the firearm has been lost or stolen, the firearm shall be
restored to the lawful owner pursuant to Section 11108.5 upon the
owner's identification of the firearm, proof of ownership, and proof
of eligibility to possess a firearm pursuant to Section 33865.
(c) Nothing in this section shall prevent the local law
enforcement agency from charging the rightful owner of the firearm
the fees described in Section 33880.

33875. Notwithstanding any other provision of law, no law
enforcement agency or court shall be required to retain a firearm for
more than 180 days after the owner of the firearm has been notified
by the court or law enforcement agency that the firearm has been made
available for return. An unclaimed firearm may be disposed of after
the 180-day period has expired.

33880. (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution imposing a charge
equal to its administrative costs relating to the seizure,
impounding, storage, or release of a firearm.
(b) The fee under subdivision (a) shall not exceed the actual
costs incurred for the expenses directly related to taking possession
of a firearm, storing the firearm, and surrendering possession of
the firearm to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b)
may be waived by the local or state agency upon verifiable proof
that the firearm was reported stolen at the time the firearm came
into the custody or control of the law enforcement agency.
(d) The following apply to any charges imposed for administrative
costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title
to the firearm.
(2) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
(3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a firearm, unless that
hearing or appeal was requested in writing by the legal owner of the
firearm. In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
(e) No costs for any hearing or appeal related to the release of a
firearm shall be charged to the legal owner who redeems the firearm,
unless the legal owner voluntarily requests the post-storage hearing
or appeal. No city, county, city and county, or state agency shall
require a legal owner to request a post-storage hearing as a
requirement for release of the firearm to the legal owner.

33885. In a proceeding for the return of a firearm seized and not
returned pursuant to this chapter, where the defendant or
cross-defendant is a law enforcement agency, the court shall award
reasonable attorney's fees to the prevailing party.

33890. Notwithstanding Section 11106, the Department of Justice may
retain personal information about an applicant in connection with a
claim under this chapter for a firearm that is not a handgun, to
allow for law enforcement confirmation of compliance with this
chapter. The information retained may include personal identifying
information regarding the individual applying for the clearance, but
may not include information that identifies any particular firearm
that is not a handgun.

33895. Section 27545 does not apply to deliveries, transfers, or
returns of firearms made pursuant to this chapter.