SECTIONS 34000-34010 - California Statutes

PENAL CODE

SECTION 34000-34010

34000. (a) Notwithstanding any provision of law or of any local
ordinance to the contrary, when any firearm is in the possession of
any officer of the state, or of a county, city, or city and county,
or of any campus of the University of California or the California
State University, and the firearm is an exhibit filed in any criminal
action or proceeding which is no longer needed or is unclaimed or
abandoned property, which has been in the possession of the officer
for at least 180 days, the firearm shall be sold, or destroyed, as
provided for in Sections 18000 and 18005.
(b) This section does not apply to any firearm in the possession
of the Department of Fish and Game, or which was used in the
violation of any provision in the Fish and Game Code, or any
regulation under that code.

34005. (a) (1) An officer having custody of any firearm that may be
useful to the California National Guard, the Coast Guard Auxiliary,
or to any military or naval agency of the federal or state
government, including, but not limited to, the California National
Guard military museum and resource center, may, upon the authority of
the legislative body of the city, city and county, or county by
which the officer is employed and the approval of the Adjutant
General, deliver the firearm to the commanding officer of a unit of
the California National Guard, the Coast Guard Auxiliary, or any
other military agency of the state or federal government, in lieu of
destruction as required by any of the provisions listed in Section
16580.
(2) The officer delivering a firearm pursuant to this subdivision
shall take a receipt for it, which contains a complete description of
the firearm, and shall keep the receipt on file in his or her office
as a public record.
(b) Any law enforcement agency that has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by any of the provisions listed in Section 16580, may, in
lieu of destroying the weapons, retain and use any of them as may be
useful in carrying out the official duties of the agency.
Alternatively, upon approval of a court, the agency may do either of
the following:
(1) Release the weapons to any other law enforcement agency for
use in carrying out the official duties of that agency.
(2) Turn over to the criminalistics laboratory of the Department
of Justice or the criminalistics laboratory of a police department,
sheriff's office, or district attorney's office, any weapons that may
be useful in carrying out the official duties of the respective
agencies.
(c) (1) Any firearm, or part of any firearm, which, rather than
being destroyed, is used for official purposes pursuant to this
section, shall be destroyed by the agency using the weapon when it is
no longer needed by the agency for use in carrying out its official
duties.
(2) Firearms or weaponry donated to the California National Guard
military museum and resource center may be disposed of pursuant to
Section 179 of the Military and Veterans Code.
(d) (1) Any law enforcement agency that has custody of any
firearms, or any parts of any firearms, which are subject to
destruction as required by any of the provisions listed in Section
16580, may, in lieu of destroying the firearms, obtain an order from
the superior court directing the release of the firearms to the
sheriff.
(2) The sheriff shall enter those weapons into the Automated
Firearms System (AFS), via the California Law Enforcement
Telecommunications System, with a complete description of each
weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the academy receiving the
weapon entered into the AFS miscellaneous field.
(3) The sheriff shall then release the firearms to the basic
training academy certified by the Commission on Peace Officer
Standards and Training, so that the firearms may be used for
instructional purposes in the certified courses. All firearms
released to an academy shall be under the care, custody, and control
of the particular academy.
(4) Any firearm, or part of any firearm, which is not destroyed,
and is used for the purposes authorized by this section, shall be
returned to the law enforcement agency that had original custody of
the firearm when it is no longer needed by the basic training
academy, or when the basic training academy is no longer certified by
the commission.
(5) When those firearms are returned, the law enforcement agency
to which the firearms are returned, shall on the date of the return,
enter into the Automated Firearms System (AFS), via the California
Law Enforcement Telecommunications System, a complete description of
each weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the entity returning the
firearm.

34010. Any law enforcement agency that retains custody of any
firearm pursuant to Section 34005, or that destroys a firearm
pursuant to Sections 18000 and 18005, shall notify the Department of
Justice of the retention or destruction. This notification shall
consist of a complete description of each firearm, including the name
of the manufacturer or brand name, model, caliber, and serial
number.