Penal Code — Part 10 | PEN — United States — California law | Esheria

Penal Code

Part 10 of 29 · provisions 1,801–2,000

If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.

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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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Provisions of Penal Code

Showing 200 of 5,647

  1. 16822.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The term “licensee’s business premises” is governed by Section 16810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16822. Use of the term “licensee’s business premises” is governed by Section 16810. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  2. 16824.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The meaning of “licensee’s place of business” is governed by Section 16810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16824. Use of the term “licensee’s place of business” is governed by Section 16810. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  3. 16830.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “lipstick case knife” as a knife enclosed within and made an integral part of a lipstick case.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16830. As used in this part, a “lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  4. 16840.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines when a firearm is treated as “loaded” for several Penal Code provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16840. (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person. (b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive, (1) A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  5. 16850.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “locked container” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16850. As used in this part, “locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle. (Amended by Stats. 2014, Ch. 103, Sec. 5. (AB 1798) Effective January 1, 2015.)
  6. 16860.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “locking device” for use in specified Penal Code sections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16860. As used in Sections 16850, 25105, and 25205, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied to the firearm, renders the firearm inoperable. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  7. 16865.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “long gun” for use in Section 26860 as any firearm that is not a handgun or a machinegun.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16865. As used in Section 26860, “long gun” means any firearm that is not a handgun or a machinegun. (Added by Stats. 2013, Ch. 761, Sec. 2. (SB 683) Effective January 1, 2014.)
  8. 16870.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “long-gun safe” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16870. As used in this part, “long-gun safe” means a locking container designed to fully contain and secure a rifle or shotgun, which has a locking system consisting of either a mechanical combination lock or an electronic combination lock that has at least 1,000 possible unique combinations consisting of a minimum of three numbers, letters, or symbols per combination, and is not listed on the roster maintained pursuant to Section 23655. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  9. 16880.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “machinegun” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16880. (a) As used in this part, “machinegun” means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. (b) The term “machinegun” also includes the frame or receiver of any weapon described in subdivision (a), any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if those parts are in the possession or under the control of a person. (c) The term “machinegun” also includes any weapon deemed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives as readily convertible to a machinegun under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code. (d) The term “machinegun” also includes any machinegun-convertible pistol equipped with a pistol converter, as defined in Section 17015. (Amended by Stats. 2025, Ch. 572, Sec. 2. (AB 1127) Effective January 1, 2026.)
  10. 16885.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “machinegun-convertible pistol” and explains what does and does not count as one.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16885. (a) As used in this part, “machinegun-convertible pistol” means any semiautomatic pistol with a cruciform trigger bar that can be readily converted by hand or with common household tools, as defined in Section 4082 of Title 11 of the California Code of Regulations, into a machinegun by the installation or attachment of a pistol converter as a replacement for the slide’s backplate without any additional engineering, machining, or modification of the pistol’s trigger mechanism. (b) A machinegun-convertible pistol does not include a hammer-fired semiautomatic pistol or striker-fired semiautomatic pistol lacking a cruciform trigger bar, which instead has a trigger bar that is shielded from interference by a pistol converter. (c) A polymer notch or other piece of polymer molded into the rear of the pistol frame does not prevent ready conversion into a machinegun and will not prevent a pistol from qualifying under this definition. (Added by Stats. 2025, Ch. 572, Sec. 3. (AB 1127) Effective January 1, 2026.)
  11. 16890.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    For Section 30515, “magazine” means any ammunition feeding device.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16890. As used in Section 30515, “magazine” means any ammunition feeding device. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  12. 169.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person commits a misdemeanor by picketing or parading in or near a state court building with intent to obstruct justice or influence court officers or participants.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 169. Any person who pickets or parades in or near a building which houses a court of this state with the intent to interfere with, obstruct, or impede the administration of justice or with the intent to influence any judge, juror, witness, or officer of the court in the discharge of his duty is guilty of a misdemeanor. (Added by Stats. 1970, Ch. 1444.)
  13. 16900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “magazine disconnect mechanism” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16900. As used in this part, “magazine disconnect mechanism” means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  14. 16920.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “metal knuckles” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16920. As used in this part, “metal knuckles” means any device or instrument made wholly or partially of metal that is worn for purposes of offense or defense in or on the hand and that either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  15. 16930.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “multiburst trigger activator” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16930. (a) As used in this part, a “multiburst trigger activator” means either of the following: (1) A device designed or redesigned to be attached to, built into, or used in conjunction with, a semiautomatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device. (2) A manual or power-driven trigger activating device constructed and designed so that when attached to, built into, or used in conjunction with, a semiautomatic firearm it increases the rate of fire of that firearm. (b) “Multiburst trigger activator” includes, but is not limited to, any of the following devices: (1) A device that uses a spring, piston, or similar mechanism to push back against the recoil of a firearm, thereby moving the firearm in a back-and-forth motion and facilitating the rapid reset and activation of the trigger by a stationary finger. These devices are commonly known as bump stocks, bump fire stocks, or bump fire stock attachments. (2) A device placed within the trigger guard of a firearm that uses a spring to push back against the recoil of the firearm causing the finger in the trigger guard to move back and forth and rapidly activate the trigger. These devices are commonly known as burst triggers. (3) A mechanical device that activates the trigger of the firearm in rapid succession by turning a crank. These devices are commonly known as trigger cranks, gat cranks, gat triggers, or trigger actuators. (4) Any aftermarket trigger or trigger system that, if installed, allows more than one round to be fired with a single depression of the trigger. (Amended by Stats. 2018, Ch. 795, Sec. 1. (SB 1346) Effective January 1, 2019.)
  16. 16940.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “nunchaku” for use in this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16940. As used in this part, “nunchaku” means an instrument consisting of two or more sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  17. 16950.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    For Chapter 6 in Division 5 of Title 4, a handgun is treated as carried openly or exposed if it is not carried concealed under Section 25400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16950. As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed to be carried openly or exposed if the handgun is not carried concealed within the meaning of Section 25400. (Added by Stats. 2011, Ch. 725, Sec. 7. (AB 144) Effective January 1, 2012.)
  18. 16960.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “operation of law” to include several listed transfers, representatives, officers, trustees, guardians, and related firearm situations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16960. As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the following: (a) The executor, personal representative, or administrator of an estate, if the estate includes a firearm. (b) A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. (c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm. (e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm. (f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm. (g) A transmutation of property between spouses pursuant to Section 850 of the Family Code. (h) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code. (i) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code. (j) The trustee of a trust that includes a firearm and that was part of a will that created the trust. (k) A person acting pursuant to the person’s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code. (l) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code. (m) A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure. (n) The trustee of a trust that includes a firearm that is under court supervision. (o) A special administrator appointed by a court pursuant to Section 8540 of the Probate Code. (p) A guardian appointed by a court pursuant to Section 1500 of the Probate Code. (Amended by Stats. 2019, Ch. 110, Sec. 1. (AB 1292) Effective January 1, 2020.)
  19. 16965.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “passenger’s or driver’s area” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16965. As used in this part, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  20. 16970.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “person” differently depending on the cited code section or chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16970. (a) As used in Sections 16790, 17505, and 30600, “person” means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created. (b) As used in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, except for Section 30600, “person” means an individual. (Amended by Stats. 2014, Ch. 71, Sec. 134. (SB 1304) Effective January 1, 2015.)
  21. 16980.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says the term “person licensed pursuant to Sections 26700 to 26915, inclusive” is governed by Section 26700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16980. Use of the term “person licensed pursuant to Sections 26700 to 26915, inclusive” is governed by Section 26700. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  22. 16990.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines the phrase “a person taking title or possession of a firearm by operation of law” to include several listed situations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16990. As used in any provision listed in subdivision (a) of Section 16585, the phrase “a person taking title or possession of a firearm by operation of law” includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm: (a) The executor, personal representative, or administrator of an estate, if the estate includes a firearm. (b) A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. (c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm. (e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm. (f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm. (g) A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code. (h) A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code. (i) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code. (j) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code. (k) The trustee of a trust that includes a firearm and that was part of a will that created the trust. (l) A firearm passed to a decedent’s successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code. (m) A person acting pursuant to the person’s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code. (n) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code. (o) A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure. (p) The trustee of a trust that includes a firearm that is under court supervision. (q) The trustee of a trust that is not referenced in subdivisions (k) or (p). (r) A special administrator appointed by a court pursuant to Section 8540 of the Probate Code. (s) A guardian appointed by a court pursuant to Section 1500 of the Probate Code. (Amended by Stats. 2019, Ch. 110, Sec. 2. (AB 1292) Effective January 1, 2020.)
  23. 170.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    A person who maliciously and without probable cause gets a search warrant or arrest warrant issued and executed commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 170. Every person who maliciously and without probable cause procures a search warrant or warrant of arrest to be issued and executed, is guilty of a misdemeanor. (Enacted 1872.)
  24. 17000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines who counts as a “personal handgun importer” or “personal firearm importer,” based on a list of ownership, licensing, residency, age, and firearm-type conditions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17000. (a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and, on and after January 1, 2014, any reference to the term “personal handgun importer” shall be deemed to mean “personal firearm importer.” A “personal handgun importer,” until January 1, 2014, and commencing January 1, 2014, a “personal firearm importer” means an individual who meets all of the following criteria: (1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4. (2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (4) The individual is the owner of a firearm. (5) The individual acquired that firearm outside of California. (6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state. (7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014. (8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4. (9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm. (10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590. (11) The firearm is not an assault weapon. (12) The firearm is not a machinegun. (13) The person is 18 years of age or older. (14) The firearm is not a .50 BMG rifle. (15) The firearm is not a destructive device. (b) For purposes of paragraph (6) of subdivision (a): (1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code. (2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state. (Amended by Stats. 2011, Ch. 745, Sec. 3. (AB 809) Effective January 1, 2012.)
  25. 17010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says the term “pistol” is governed by Section 16530.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17010. Use of the term “pistol” is governed by Section 16530. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  26. 17015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “pistol converter.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17015. “Pistol converter” means any device or instrument that when installed in or attached to the rear of the slide of a semiautomatic pistol, replaces the backplate, and interferes with the trigger mechanism and thereby enables the pistol to shoot automatically more than one shot by a single function of the trigger. A pistol converter includes, but is not limited to, a pistol converter manufactured using a three-dimensional printer, as defined in Section 29185. (Added by Stats. 2025, Ch. 572, Sec. 4. (AB 1127) Effective January 1, 2026.)
  27. 17020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A city or county may count as an applicant’s principal place of employment or business only if the applicant is physically present there for a substantial part of working hours.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17020. For purposes of this part, a city or county may be considered an applicant’s “principal place of employment or business” only if the applicant is physically present in the jurisdiction during a substantial part of the applicant’s working hours for purposes of that employment or business. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  28. 17030.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “prohibited area” as any place where it is unlawful to discharge a weapon.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17030. As used in this part, “prohibited area” means any place where it is unlawful to discharge a weapon. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  29. 17040.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “public place” for Chapter 6 by giving it the same meaning as Section 25850.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17040. As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, “public place” has the same meaning as in Section 25850. (Added by Stats. 2011, Ch. 725, Sec. 8. (AB 144) Effective January 1, 2012.)
  30. 17060.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “residence” for certain Penal Code sections and says the section becomes operative on January 1, 2026.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17060. (a) (1) As used in Sections 25135 and 25145, “residence” means a structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs. (2) As used in Sections 27881, 27882, and 27883, “residence” means a structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles or other vehicles where human habitation occurs. (b) This section shall become operative on January 1, 2026. (Repealed (in Sec. 2) and added by Stats. 2024, Ch. 542, Sec. 3. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  31. 17070.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “responsible adult” as someone at least 21 years old who is not barred by state or federal law from possessing, receiving, owning, or purchasing a firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17070. As used in this part, “responsible adult” means a person at least 21 years of age who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  32. 17080.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says the term “revolver” is controlled by Section 16530.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17080. Use of the term “revolver” is governed by Section 16530. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  33. 17090.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “rifle” for use in several listed Penal Code provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17090. As used in Sections 16530, 16640, 16650, 16660, 16870, and 17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision (f) of Section 27555, Article 2 (commencing with Section 30300) of Chapter 1 of Division 10 of Title 4, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  34. 171.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    A person who is not authorized by law may not communicate with a detainee in a reformatory, or bring in or take out letters, writings, literature, or reading matter, without the officer in charge’s permission.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171. Every person, not authorized by law, who, without the permission of the officer in charge of any reformatory in this State, communicates with any person detained therein, or brings therein or takes therefrom any letter, writing, literature, or reading matter to or from any person confined therein, is guilty of a misdemeanor. (Amended by Stats. 1941, Ch. 106.)
  35. 171.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    This section prohibits knowingly possessing firearms or certain weapons in airport-controlled areas and sterile areas of airports and passenger vessel terminals, subject to stated exemptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171.5. (a) For purposes of this section: (1) “Airport” means an airport, with a secured area, that regularly serves an air carrier holding a certificate issued by the United States Secretary of Transportation. (2) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. (3) “Sterile area” means a portion of an airport defined in the airport security program to which access generally is controlled through the screening of persons and property, as specified in Section 1540.5 of Title 49 of the Code of Federal Regulations, or a portion of any passenger vessel terminal to which, pursuant to the requirements set forth in Sections 105.255 and 105.260(a) of Title 33 of the Code of Federal Regulations, access is generally controlled in a manner consistent with the passenger vessel terminal’s security plan and the maritime security level in effect at the time. (b) It is unlawful for any person to knowingly possess any firearm in any building, real property, or parking area under the control of an airport, except as provided for in subdivision (b), (c), or (e) of Section 26230. (c) It is unlawful for any person to knowingly possess, within any sterile area of an airport or a passenger vessel terminal, any of the following items: (1) Any knife with a blade length in excess of four inches, the blade of which is fixed, or is capable of being fixed, in an unguarded position by the use of one or two hands. (2) Any box cutter or straight razor. (3) Any metal military practice hand grenade. (4) Any metal replica hand grenade. (5) Any plastic replica hand grenade. (6) Any imitation firearm as defined in Section 417.4. (7) Any frame, receiver, barrel, or magazine of a firearm. (8) Any unauthorized tear gas weapon. (9) Any taser or stun gun as defined in Section 244.5. (10) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun. (11) Any ammunition as defined in Section 16150. (d) Subdivisions (b) and (c) shall not apply to, or affect, any of the following: (1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer. (2) A person who has authorization to possess a weapon specified in subdivision (c), granted in writing by an airport security coordinator who is designated as specified in Section 1542.3 of Title 49 of the Code of Federal Regulations, and who is responsible for the security of the airport. (3) A person, including an employee of a licensed contract guard service, who has authorization to possess a weapon specified in subdivision (c) granted in writing by a person discharging the duties of Facility Security Officer or Company Security Officer pursuant to an approved United States Coast Guard facility security plan, and who is responsible for the security of the passenger vessel terminal. (e) Subdivision (b) shall not apply to, or affect, any person possessing an unloaded firearm being transported in accordance with Sections 1540.111(c)(2)(iii) and 1540.111(c)(2)(iv) of Title 49 of the Code of Federal Regulations, which require a hard-sided, locked container, so long as the person is not within any sterile area of an airport or a passenger vessel terminal. (f) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (g) 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 that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision. (h) Nothing in this section is intended to affect existing state or federal law regarding the transportation of firearms on airplanes in checked luggage or the possession of the items listed in subdivision (c) in areas that are not “sterile areas.” (Amended by Stats. 2023, Ch. 249, Sec. 4. (SB 2) Effective January 1, 2024.)
  36. 171.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person may not knowingly possess listed weapons or similar devices in a public transit facility, subject to stated exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171.7. (a) For purposes of this section: (1) “Public transit facility” means any land, building, or equipment, or an interest therein, including a station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority’s security plan, whether or not the operation thereof produces revenue, that has as its primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire. (2) “Firearm” has the same meaning as specified in subdivisions (a) and (b) of Section 16520. (b) It is unlawful for a person to knowingly possess any of the following in a public transit facility: (1) A firearm. (2) An imitation firearm as defined in subdivision (a) of Section 16700. (3) An instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or a spot marker gun or paint gun. (4) A metal military practice hand grenade. (5) A metal replica hand grenade. (6) A plastic replica hand grenade. (7) An unauthorized tear gas weapon. (8) An undetectable knife, as described in Section 17290. (9) An undetectable firearm, as described in Section 17280. (c) (1) Subdivision (b) does not apply to, or affect, any of the following: (A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (B) A retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (C) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (D) A qualified law enforcement officer of another state or the federal government, as permitted under the Law Enforcement Officers Safety Act pursuant to Section 926B or 926C of Title 18 of the United States Code. (E) A person summoned by an officer listed in subparagraphs (A) to (C), inclusive, to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer. (F) A person who is responsible for the security of the public transit system and who has been authorized by the public transit authority’s security coordinator, in writing, to possess a weapon specified in subdivision (b). (G) A person possessing an unloaded firearm while traveling on a public transit system that offers checked baggage services, so long as the firearm is stored in accordance with the public transit system’s checked baggage policies. (2) Paragraph (7) of subdivision (b) does not apply to or affect the possession of a tear gas weapon when possession is permitted pursuant to Division 11 (commencing with Section 22810) of Title 3 of Part 6. (3) Paragraph (1) of subdivision (b) does not apply to a person transporting an unloaded firearm locked in a lock box in compliance with paragraph (8) of subdivision (a) of Section 26230. (d) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (e) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision. (f) This section does not prevent prosecution under any other provision of law that may provide a greater punishment. (g) This section shall be interpreted so as to be consistent with Section 926A of Title 18 of the United States Code. (Amended by Stats. 2025, Ch. 570, Sec. 1. (AB 1078) Effective January 1, 2026.)
  37. 17110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “secure facility” for use in Section 26890 as a building that meets specific door, window, opening, and screening/security requirements.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17110. As used in Section 26890, “secure facility” means a building that meets all of the following specifications: (a) All perimeter doorways shall meet one of the following: (1) A windowless steel security door equipped with both a dead bolt and a doorknob lock. (2) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half of an inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door. (3) A metal grate that is padlocked and affixed to the licensee’s premises independent of the door and doorframe. (4) (A) A windowed or windowless steel door that is equipped with panic hardware that operates a multipoint lock that bolts into the interior frame of the door. (B) The door shall have a latch guard over the bolt closest to the primary locking bolt to protect it from prying or cutting. (C) If the door is windowed and the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half of an inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door. (b) All windows are covered with steel bars. (c) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system. (d) Any metal grates have spaces no larger than six inches wide measured in any direction. (e) Any metal screens have spaces no larger than three inches wide measured in any direction. (f) All steel bars shall be no further than six inches apart. (Amended by Stats. 2025, Ch. 40, Sec. 1. (AB 584) Effective January 1, 2026.)
  38. 17111.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    For Chapter 2 of Division 7 of Title 4, the term “secure facility” is governed by Sections 29141 and 29142.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17111. For purposes of Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, use of the term “secure facility” is governed by Sections 29141 and 29142. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  39. 17125.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “Security Exemplar” by giving it the same meaning as in Section 922 of Title 18 of the United States Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17125. As used in this part, “Security Exemplar” has the same meaning as in Section 922 of Title 18 of the United States Code. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  40. 17140.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “semiautomatic pistol” for use in Sections 16900 and 31910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17140. As used in Sections 16900 and 31910, “semiautomatic pistol” means a pistol with an operating mode that uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of the trigger. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  41. 17160.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This provision defines “shobi-zue” as a staff, crutch, stick, rod, or pole that conceals a knife or blade inside it and can expose the blade by wrist flip or mechanical action.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17160. As used in this part, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it, which may be exposed by a flip of the wrist or by a mechanical action. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  42. 17170.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “short-barreled rifle” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17170. As used in this part, “short-barreled rifle” means any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle with an overall length of less than 26 inches. (c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. (d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive. (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (Amended by Stats. 2014, Ch. 103, Sec. 6. (AB 1798) Effective January 1, 2015.)
  43. 17180.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “short-barreled shotgun” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17180. As used in this part, “short-barreled shotgun” means any of the following: (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length. (b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell. (c) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (d) Any device that may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subdivisions (a) to (c), inclusive. (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person. (Amended by Stats. 2014, Ch. 103, Sec. 7. (AB 1798) Effective January 1, 2015.)
  44. 17190.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “shotgun” for use in specified Penal Code provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17190. As used in Sections 16530, 16640, 16870, and 17180, Sections 17720 to 17730, inclusive, Section 17740, Section 30215, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. (Amended by Stats. 2014, Ch. 103, Sec. 8. (AB 1798) Effective January 1, 2015.)
  45. 171b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a crime to bring or possess certain weapons in a state or local public building, or at covered public meetings, unless a listed exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171b. (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison: (1) Any firearm. (2) Any deadly weapon described in Section 17235 or in any provision listed in Section 16590. (3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands. (4) Any unauthorized tear gas weapon. (5) Any taser or stun gun as defined in Section 244.5. (6) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun. (b) Subdivision (a) shall not apply to, or affect, any of the following: (1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence. (2) (A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer. (B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if they are a party to an action pending before the court. (3) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who possesses the firearm within a building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, and is a justice, judge, or commissioner of the court. (4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building. (5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government. (6) A person licensed or registered in accordance with, and acting within the course and scope of, Chapter 11.5 (commencing with Section 7512) or Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5). (7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6. (B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6. (c) As used in this section, “state or local public building” means a building that meets all of the following criteria: (1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom. (2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code. (3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence. (Amended by Stats. 2023, Ch. 249, Sec. 2. (SB 2) Effective January 1, 2024.)
  46. 171c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    This section prohibits bringing or possessing loaded firearms in specified Capitol-area locations, and also restricts certain other weapons and items in posted areas.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171c. (a) (1) Any person who brings a loaded firearm into, or possesses a loaded firearm within, the State Capitol, the state office building at 1021 O Street in the City of Sacramento, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, shall be punished by imprisonment in a county jail for a period of not more than one year, a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170. (2) Any person who brings or possesses, within the State Capitol, any legislative office, any hearing room in which any committee of the Senate or Assembly is conducting a hearing, the Legislative Office Building at 1020 N Street in the City of Sacramento, the state office building at 1021 O Street in the City of Sacramento, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, any of the following, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the area is posted with a statement providing reasonable notice that prosecution may result from possession of any of these items: (A) Any firearm. (B) Any deadly weapon described in Section 21510 or in any provision listed in Section 16590. (C) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands. (D) Any unauthorized tear gas weapon. (E) Any stun gun, as defined in Section 244.5. (F) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun. (G) Any ammunition as defined in Sections 16150 and 16650. (H) Any explosive as defined in Section 12000 of the Health and Safety Code. (b) Subdivision (a) shall not apply to, or affect, any of the following: (1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while that person is actually engaged in assisting the officer. (2) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, and who has permission granted by the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a concealed weapon upon the premises described in subdivision (a). (3) A person who has permission granted by the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a weapon upon the premises described in subdivision (a). (c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section. (2) 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 law shall not be punished under more than one provision. (Amended by Stats. 2021, Ch. 253, Sec. 1. (AB 173) Effective September 23, 2021.)
  47. 171d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Most people are prohibited from bringing or possessing firearms in the Governor’s Mansion, other specified official residences, or on their grounds, with listed exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171d. Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by that officer to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer, a member of the military forces of this state or of the United States engaged in the performance of their duties, the Governor or a member of their immediate family or a person acting with their permission with respect to the Governor’s Mansion or any other residence of the Governor, any other constitutional officer or a member of their immediate family or a person acting with their permission with respect to the officer’s residence, or a Member of the Legislature or a member of their immediate family or a person acting with their permission with respect to the Member’s residence, shall be punished by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170, if they do either of the following: (a) Bring a firearm into, or possess a firearm within, the Governor’s Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature. (b) Bring a firearm upon, or possess a firearm upon, the grounds of the Governor’s Mansion or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature. (Amended by Stats. 2023, Ch. 249, Sec. 3. (SB 2) Effective January 1, 2024.)
  48. 171e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A firearm is treated as loaded when the gun and usable ammunition are in the same person’s immediate possession. Peace officers may inspect firearms in places where loaded firearms are prohibited, and refusing an inspection can be probable cause for arrest under Sections 171c or 171d.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171e. A firearm shall be deemed loaded for the purposes of Sections 171c and 171d whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person. In order to determine whether or not a firearm is loaded for the purpose of enforcing Section 171c or 171d, peace officers are authorized to examine any firearm carried by anyone on his person or in a vehicle while in any place or on the grounds of any place in or on which the possession of a loaded firearm is prohibited by Section 171c or 171d. Refusal to allow a peace officer to inspect a firearm pursuant to the provisions of this section constitutes probable cause for arrest for violation of Section 171c or 171d. (Added by Stats. 1967, Ch. 960.)
  49. 171f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is prohibited for any person or group to knowingly enter or stay in legislative chambers without authorization, or to disrupt official business inside the State Capitol. A violation is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 171f. No person or group of persons shall willfully and knowingly: 1. Enter or remain within or upon any part of the chamber of either house of the Legislature unless authorized, pursuant to rules adopted or permission granted by either such house, to enter or remain within or upon a part of the chamber of either such house; 2. Engage in any conduct within the State Capitol which disrupts the orderly conduct of official business. A violation of this section is a misdemeanor. As used in this section, “State Capitol” means the building which is intended primarily for use of the legislative department and situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento. Nothing in this section shall forbid any act of any Member of the Legislature, or any employee of a Member of the Legislature, any officer or employee of the Legislature or any committee or subcommittee thereof, or any officer or employee of either house of the Legislature or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties. (Amended by Stats. 1975, Ch. 548.)
  50. 172.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a misdemeanor to sell or expose for sale alcoholic beverages within specified distances of certain state, university, and veterans’ facilities, and within or near the State Capitol, subject to listed exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172. (a) Every person who, within one-half mile of the land belonging to this state upon which any state prison, or within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961, or within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959, or within three miles of the University Farm at Davis, or within 11/2 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state, or within the State Capitol, or within the limits of the grounds adjacent and belonging thereto, sells or exposes for sale, any alcoholic beverage, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment for not less than 50 days or by both such fine and imprisonment, in the discretion of the court. (b) The provision of subdivision (a) of this section prohibiting the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated shall not apply with respect to the Fred C. Nelles School for Boys. (c) Except within the State Capitol or the limits of the grounds adjacent and belonging thereto, as mentioned in subdivision (a) of this section, the provisions of this section shall not apply to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing one-half of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer. (d) Distances provided in this section shall be measured not by airline but by following the shortest highway or highways as defined in Section 360 of the Vehicle Code connecting the points in question. In measuring distances from the Folsom State Prison and the eastern facilities of the California Institution for Men at Chino and Youth Training School, the measurement shall start at the entrance gate. (e) The provision of subdivision (a) prohibiting the sale or exposure for sale of any alcoholic beverage within 11/2 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans’ Home at Yountville, Napa County, California. (f) The prohibition in subdivision (a) on the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto does not apply with respect to an event that is held on those grounds if all of the following conditions are met: (1) The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region. (2) Tickets for the event are sold on a presale basis only and are not available for sale at the event. (3) Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event. (4) Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision. (Amended by Stats. 2017, Ch. 224, Sec. 1. (AB 400) Effective September 11, 2017.)
  51. 172.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Laws may not stop wine from being possessed or used on certain public college premises when it is only for experimentation or instruction in listed subjects.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.1. No provision of law shall prevent the possession or use of wine on any state university, state college or community college premises solely for use in experimentation in or instruction of viticulture, enology, domestic science or home economics. (Amended by Stats. 1970, Ch. 102.)
  52. 172.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Section 172.3 exempts certain off-sale license holders from Section 172a for specified alcohol sales near the University of Redlands.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.3. The provisions of Section 172a shall not apply to the sale or exposing or offering for sale of any alcoholic beverages on the premises of, and by the holder or agent of a holder of, any off-sale license situated within 11/2 miles from the grounds of the University of Redlands. (Added by Stats. 1977, Ch. 760.)
  53. 172.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Sections 172 and 172a do not apply to certain alcohol sales by a licensee inside a qualifying bona fide club near UC Berkeley, if the club meets specific membership, age, longevity, ownership, and value requirements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.5. The provisions of Sections 172 and 172a of this code shall not apply to the sale or exposing or offering for sale of alcoholic beverages by a licensee under the Alcoholic Beverage Control Act within the premises occupied by any bona fide club which is situated within one mile of the grounds belonging to the University of California at Berkeley, if the club meets all of the following requirements: (a) The membership in the club shall be limited to male American citizens over the age of 21 years. (b) The club shall have been organized and have existed in the City of Berkeley for not less than 35 years continuously. (c) The club shall have a bona fide membership of not less than 500 members. (d) The premises occupied by the club are owned by the club, or by a corporation, at least 75 percent of whose capital stock is owned by the club, and have a value of not less than one hundred thousand dollars ($100,000). (Amended by Stats. 1967, Ch. 138.)
  54. 172.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Section 172 does not apply to certain alcohol sales or offers by a licensee inside a qualifying bona fide club near San Quentin Prison in Marin County.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.6. The provisions of Section 172 of this code shall not apply to the sale, gift, or exposing or offering for sale of alcoholic beverages by a licensee under the Alcoholic Beverage Control Act within the premises occupied by any bona fide club which is situated within 2,000 feet of San Quentin Prison in Marin County, provided the club meets all the following requirements: (a) The club shall have been organized and have existed in the County of Marin for not less than 25 years continuously. (b) The club shall have a bona fide membership of not less than 1,000 persons. (c) The premises occupied by the club are owned by the club or by club members. (Added by Stats. 1965, Ch. 1452.)
  55. 172.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Section 172a does not apply to certain alcohol sales or offers by a licensed alcoholic-beverage seller in qualifying club premises near the specified universities, if the club meets the listed conditions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.7. The provisions of Section 172a shall not apply to the sale, gift, or exposing or offering for sale of alcoholic beverages by a licensee under the Alcoholic Beverage Control Act within the premises occupied by any bona fide club which is situated within one mile of the campus of Whittier College in the City of Whittier, or one mile or more from the campus of Leland Stanford Junior University near the City of Palo Alto, provided the club meets all the following requirements: (a) The club shall have been organized and have existed for not less than 10 years continuously. (b) The club shall have a bona fide membership of not less than 350 persons. (c) The club shall own the building which it occupies. (Amended by Stats. 1970, Ch. 1285.)
  56. 172.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Section 172a does not apply to certain on-premises alcohol sales by a nonprofit organization at a qualifying municipally owned conference center in Pasadena.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.8. The provisions of Section 172a shall not apply to the sale of alcoholic beverages for consumption on the premises, by a nonprofit organization at a municipally owned conference center located more than one but less than 11/2 miles from the California Institute of Technology in Pasadena. (Added by Stats. 1975, Ch. 88.)
  57. 172.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    In this chapter, “university” means an institution that can grant an academic graduate degree when the term is used about selling or offering alcoholic beverages.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.9. The word “university,” when used in this chapter with reference to the sale, exposing or offering for sale, of alcoholic beverages, means an institution which has the authority to grant an academic graduate degree. (Amended by Stats. 1965, Ch. 1588.)
  58. 172.95.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    This section says Sections 172 to 172.9 do not apply to certain sales to wholesalers or retailers by specified licensed alcohol producers and wholesalers.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172.95. Sections 172 to 172.9, inclusive, do not apply to sales to wholesalers or retailers by licensed winegrowers, brandy manufacturers, beer manufacturers, distilled spirits manufacturers’ agents, distilled spirits manufacturers, or wholesalers. (Added by Stats. 1965, Ch. 710.)
  59. 17200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “shuriken” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17200. As used in this part, a “shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape, for use as a weapon for throwing. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  60. 17210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “silencer” for use in the specified chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17210. As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, “silencer” means any device or attachment of any kind designed, used, or intended for use in silencing, diminishing, or muffling the report of a firearm. The term “silencer” also includes any combination of parts, designed or redesigned, and intended for use in assembling a silencer or fabricating a silencer and any part intended only for use in assembly or fabrication of a silencer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  61. 17220.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The meaning of “SKS rifle” is controlled by Section 30710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17220. Use of the term “SKS rifle” is governed by Section 30710. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  62. 17230.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “stun gun” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17230. As used in this part, “stun gun” means any item, except a less lethal weapon, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  63. 17235.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “switchblade knife” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17235. As used in this part, “switchblade knife” means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. “Switchblade knife” does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  64. 17240.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “tear gas” and excludes certain registered economic poisons when they are not intended to cause discomfort or injury to people.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17240. (a) As used in this part, “tear gas” applies to and includes any liquid, gaseous or solid substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air. (b) Notwithstanding subdivision (a), “tear gas” does not apply to, and does not include, any substance registered as an economic poison as provided in Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code, provided that the substance is not intended to be used to produce discomfort or injury to human beings. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  65. 17250.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “tear gas weapon” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17250. As used in this part, “tear gas weapon” applies to and includes: (a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas. (b) Any revolver, pistol, fountain pen gun, billy, or other form of device, portable or fixed, intended for the projection or release of tear gas, except those regularly manufactured and sold for use with firearm ammunition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  66. 17270.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “unconventional pistol” as a firearm without a rifled bore and with a barrel under 18 inches or an overall length under 26 inches.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17270. As used in this part, an “unconventional pistol” means a firearm with both of the following characteristics: (a) It does not have a rifled bore. (b) It has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  67. 17280.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “undetectable firearm” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17280. As used in this part, “undetectable firearm” means any weapon that meets either of the following requirements: (a) After removal of grips, stocks, and magazines, the weapon is not as detectable as the Security Exemplar, by a walk-through metal detector calibrated and operated to detect the Security Exemplar. (b) Any major component of the weapon, as defined in Section 922 of Title 18 of the United States Code, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  68. 17290.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “undetectable knife” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17290. As used in this part, “undetectable knife” means any knife or other instrument, with or without a handguard, that satisfies all of the following requirements: (a) It is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. (b) It is commercially manufactured to be used as a weapon. (c) It is not detectable by a metal detector or magnetometer, either handheld or otherwise, which is set at standard calibration. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  69. 17295.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines when a handgun or a non-handgun firearm is treated as “unloaded” for two separate chapters.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17295. (a) For purposes of Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed “unloaded” if it is not “loaded” within the meaning of subdivision (b) of Section 16840. (b) For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm that is not a handgun shall be deemed “unloaded” if it is not “loaded” within the meaning of subdivision (b) of Section 16840. (Amended by Stats. 2012, Ch. 700, Sec. 8. (AB 1527) Effective January 1, 2013.)
  70. 172a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a misdemeanor to sell or offer for sale intoxicating liquor within 1.5 miles of certain university grounds or campuses, subject to listed exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172a. Every person who, within one and one-half miles of the university grounds or campus, upon which are located the principal administrative offices of any university having an enrollment of more than 1,000 students, more than 500 of whom reside or lodge upon such university grounds or campus, sells or exposes for sale, any intoxicating liquor, is guilty of a misdemeanor; provided, however, that the provisions of this section shall not apply to nor prohibit the sale of any of said liquors by any regularly licensed pharmacist who shall maintain a fixed place of business in said territory, upon the written prescription of a physician regularly licensed to practice medicine under the laws of the State of California when such prescription is dated by the physician issuing it, contains the name of the person for whom the prescription is written, and is filled for such person only and within 48 hours of its date; provided further, that the provisions of this section shall not apply to nor prohibit the sale of any of said liquors for chemical or mechanical purposes; provided further, that the provisions of this section shall not apply to nor prohibit the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt, or vinous liquor or fruit juice containing one-half of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer. In measuring distances from the university grounds or campus of any such university, such distances shall not be measured by airline but by following the shortest road or roads connecting the points in question. With respect to Leland Stanford Junior University measurements from the university grounds or campus shall be by airline measurement. Any license issued and in effect in the City and County of San Francisco on the effective date of the amendment of this section enacted at the 1961 Regular Session of the Legislature may be transferred to any location in the City and County of San Francisco. (Amended by Stats. 1965, Ch. 1588.)
  71. 172b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Within 1.5 miles of UCLA’s principal administrative offices, a person must not sell or offer for sale intoxicating liquor, except for listed beverages; violations are misdemeanors with fines or jail time.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172b. 1. Every person who, within one and one-half miles of the boundaries of the grounds belonging to the University of California at Los Angeles on which the principal administrative offices of the university are located, as such boundaries were established as of July 1, 1959, sells or exposes for sale any intoxicating liquor, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment for not less than 50 days, or by both such fine and imprisonment, in the discretion of the court. 2. The provisions of this section shall not apply to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing one-half of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer. 3. Distances provided in this section shall be measured not by airline but by following the shortest road or roads connecting the points in question. (Amended by Stats. 1965, Ch. 1588.)
  72. 172c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Section 172a does not apply to certain auction sales of alcoholic beverages by a nonprofit organization at the California Science Center in Exposition Park, Los Angeles.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172c. Section 172a shall not apply to the sale at auction of alcoholic beverages by a nonprofit organization at the California Science Center premises located at Exposition Park, Los Angeles, California. (Amended by Stats. 1996, Ch. 841, Sec. 15. Effective January 1, 1997.)
  73. 172d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person may not sell or offer for sale intoxicating liquor within one mile of the described University of California grounds; violating this is a misdemeanor with fines or jail time, subject to listed beverage exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172d. 1. Every person who, within one mile of that portion of the grounds at Riverside (hereinafter described) belonging to the University of California, that will be used by the College of Letters and Sciences, sells, or exposes for sale, any intoxicating liquor, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment for not less than 50 days or by both such fine and imprisonment in the discretion of the court. 2. The provisions of this section shall not apply to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing one-half of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer. 3. Distances provided in this section shall be measured not by air line but by following the shortest vehicular road or roads connecting the points in question. 4. The portion of the grounds of the University of California referred to in paragraph 1 are situated in the County of Riverside and more particularly described as follows: beginning at the intersection of Canyon Crest Drive and U.S. Highway 60, thence southeasterly along said highway to a point opposite the intersection of said U.S. Highway 60 and Pennsylvania Avenue, thence northeasterly following centerline of present drive into University campus, thence continuing north along said centerline of drive on west side of Citrus Experiment Station buildings to a point intersecting the present east-west road running east from intersection of Canyon Crest Drive and U.S. Highway 60, thence east 500 feet more or less, thence north 1,300 feet more or less, thence east to intersection of east boundary of the Regents of the University of California property (Valencia Hill Drive), thence north along said east boundary to the north boundary of the Regents of the University of California property (Linden Street), thence west along said north boundary to the west boundary of the Regents of the University of California property (Canyon Crest Drive) thence south along said west boundary to the point of beginning. (Amended by Stats. 1972, Ch. 1241.)
  74. 172e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    This section exempts certain alcohol sales by on-sale licensees, clubs, and caterers from specified Penal Code provisions, but only under listed conditions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172e. The provisions of Sections 172, 172a, 172b, 172d, and 172g of this code shall not apply to the sale or the exposing or offering for sale of alcoholic beverages by an on-sale licensee under the Alcoholic Beverage Control Act within premises licensed as a bona fide public eating place as provided in the Constitution and as defined in the Alcoholic Beverage Control Act (commencing at Section 23000, Business and Professions Code), or within premises licensed as a club as defined in Articles 4 and 5 of Chapter 3 of the Alcoholic Beverage Control Act, provided that such club shall have been in existence for not less than 5 years, have a membership of 300 or more, and serves meals daily to its members, or by the holder of a caterer’s permit under the provisions of Section 23399 of the Business and Professions Code in connection with the serving of bona fide meals as defined in Section 23038 of the Business and Professions Code, and the provisions of such sections shall not be construed so as to preclude the Department of Alcoholic Beverage Control from issuing licenses for bona fide public eating places within the areas prescribed by the sections. The provisions of this section shall not permit the issuance of licenses to fraternities, sororities, or other student organizations. (Amended by Stats. 1973, Ch. 599.)
  75. 172f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    This section exempts certain licensed liquor sales premises from Sections 172, 172a, 172b, 172d, and 172g, and allows limited transfers of those licenses under specified distance rules.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172f. The provisions of Sections 172, 172a, 172b, 172d, and 172g of this code shall not apply to the sale or the exposing or offering for sale of any intoxicating liquor in any premises within the areas prescribed by said sections for which a license was issued under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000), Business and Professions Code) and is in effect on the effective date of this section or on the effective date of any amendment to Section 172g specifying an additional institution, or in any licensed premises which may become included in such a prescribed area because of the extension of the boundaries of any of the institutions mentioned in said sections or because of the increased enrollment or number of resident students at any of such institutions. Any such licenses may be transferred from person to person, and may be transferred from premises to premises if the premises to which the license is transferred are not located nearer to the boundaries of the institution, as they exist on the date of the transfer, than the premises from which the license is transferred, except that such license may be transferred once from premises to premises located nearer by not more than 300 feet to the boundaries of the institution as they exist on the date of transfer than the premises from which the license is transferred. If a license is transferred pursuant to this section from premises to premises located nearer by not more than 300 feet to the boundaries of the institution as they exist on the date of the transfer than the premises from which the license is transferred, such license shall not be thereafter transferred to any other premises located nearer to the boundaries of the institution as they exist on the date of the transfer than the premises from which the license is transferred. (Amended by Stats. 1976, Ch. 778.)
  76. 172g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Selling or displaying intoxicating liquor is prohibited in specified areas near La Sierra College, Loma Linda University, and the University of Santa Clara, with stated exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172g. (a) Every person who, within one-half mile by air line from the intersection of Sierra Vista, Pierce, and Campus Drive streets at the entrance to La Sierra College in the City of Riverside, or within one mile of the grounds or campus of Loma Linda University in the County of San Bernardino, or within one mile of the grounds of the University of Santa Clara in the City of Santa Clara, sells, or exposes for sale, any intoxicating liquor, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment in the county jail of not less than 50 days nor more than one year, or by both that fine and imprisonment in the discretion of the court. (b) The provisions of this section shall not apply to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing one-half of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer. (c) Distances provided in this section shall be measured not by air line but by following the shortest road or roads connecting the points in question except those applying to La Sierra College. (Amended by Stats. 2013, Ch. 43, Sec. 1. (SB 120) Effective June 28, 2013.)
  77. 172h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    This section creates an exception: certain liquor-sale and liquor-license prohibitions do not apply to premises affected by university dormitory construction and occupancy.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172h. The provisions of Sections 172, 172a, 172b, 172d and 172g of this code shall not be applied to prohibit the sale or the exposing or offering for sale of any intoxicating liquor in, or the issuance of an alcoholic beverage license for, any premises because a university has constructed and occupied since January 1, 1960, or in the future constructs, dormitories for its students which has resulted or results in the premises being prohibited by the foregoing sections from selling, exposing or offering such liquor for sale because the premises are or become thereby within the area prescribed by these sections. (Added by Stats. 1965, Ch. 1309.)
  78. 172j

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Sections 172, 172a, 172b, 172d, and 172g do not apply to certain sales of intoxicating liquor on the premises of specific off-sale retail license holders.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172j. The provisions of Sections 172, 172a, 172b, 172d, and 172g shall not apply to the sale or exposing for sale of any intoxicating liquor on the premises of, and by the holder or agent of, a holder of a retail package off-sale general license or retail package off-sale beer and wine license issued under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000), Business and Professions Code). (Added by Stats. 1973, Ch. 210.)
  79. 172l

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Section 172a does not apply to certain alcohol sales by specified license holders when the premises are outside the stated distance from the Claremont Colleges.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172l. The provisions of Section 172a shall not apply to the sale or offering for sale of any intoxicating liquor on the premises of, and by the holder or agent of a holder of, a retail off-sale license, as defined in Section 23394 of the Business and Professions Code, outside one mile of the closest building of the Claremont Colleges to these premises; nor shall the provisions of Section 172a apply to the sale or offering for sale of any beer, or wine, or both, on the premises of, and by the holder or agent of a holder of, a retail package off-sale beer and wine license, as defined in Section 23393 of the Business and Professions Code, outside 2,000 feet of the closest building of the Claremont Colleges to these premises. Distance provided in this section shall be measured not by air line but by following the shortest road or roads connecting the points in question. (Amended by Stats. 1973, Ch. 224.)
  80. 172m

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Section 172a does not apply to certain alcohol sales at licensed on-sale premises off the Stanford campus near Palo Alto.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172m. The provisions of Section 172a shall not apply to the sale or the exposing or offering for sale of alcoholic beverages at premises licensed under any type of on-sale license issued pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, which premises are located off of the grounds or campus of Leland Stanford Junior University near the City of Palo Alto. (Added by Stats. 1970, Ch. 1442.)
  81. 172n

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Sections 172a and 172b do not apply to certain off-sale alcohol sales near UCLA if the licensee meets the listed location and business-history conditions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172n. The provisions of Sections 172a and 172b shall not apply to the sale or exposing or offering for sale of alcoholic beverages by any off-sale licensee under the Alcoholic Beverage Control Act situated more than 2,000 feet of the boundaries of the grounds belonging to the University of California at Los Angeles on which the principal administrative offices of the university are located, as such boundaries were established as of July 1, 1959, provided the licensee has conducted a retail grocery business and has held an off-sale beer and wine license at the same location for at least 15 years. Distances provided in this section shall be measured not by airline but by following the shortest road or roads connecting the points in question. (Added by Stats. 1973, Ch. 210.)
  82. 172o

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Certain listed sections do not apply to off-premises wine sales at a bona fide public eating place when sold by holders of specified alcoholic beverage licenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172o. The provisions of Sections 172, 172a, 172b, 172d, and 172g shall not apply to the sale of wine for consumption off the premises where sold when the wine is sold at a bona fide public eating place by the holder of an on-sale general alcoholic beverage license or an on-sale beer and wine license issued under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code). (Added by Stats. 1985, Ch. 267, Sec. 1.)
  83. 172p

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Section 172a does not apply to certain beer or wine sales by qualifying on-sale licensees in Whittier.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 172p. The provisions of Section 172a shall not apply to the sale or exposing or offering for sale of beer or wine by any on-sale licensee under the Alcoholic Beverage Control Act whose licensed premises are situated more than 1,200 feet from the boundaries of Whittier College in the City of Whittier. (Added by Stats. 1997, Ch. 774, Sec. 6. Effective January 1, 1998.)
  84. 173.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    Captains, masters of vessels, or other persons must not willfully bring or send certain foreign convicts into this State.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 173. Every Captain, Master of a vessel, or other person, who willfully imports, brings, or sends, or causes or procures to be brought or sent, into this State, any person who is a foreign convict of any crime which, if committed within this State, would be punishable therein (treason and misprision of treason excepted), or who is delivered or sent to him from any prison or place of confinement in any place without this State, is guilty of a misdemeanor. (Enacted 1872.)
  85. 17300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The phrase “unsafe handgun” is governed by Section 31910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17300. Use of the phrase “unsafe handgun” is governed by Section 31910. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  86. 17310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “used firearm” as a firearm that was previously sold at retail and is more than three years old.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17310. As used in this part, “used firearm” means a firearm that has been sold previously at retail and is more than three years old. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  87. 17312.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “valid state or federal serial number or mark of identification.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17312. “Valid state or federal serial number or mark of identification” means either of the following: (a) A serial number that has been imprinted by a federal licensee authorized to serialize firearms in accordance with federal law, or that has been assigned to a firearm pursuant to Chapter 53 of Title 26 of the United States Code and the regulations issued pursuant thereto. (b) A serial number or mark of identification issued by the California Department of Justice pursuant to Section 23910 or 29180. (Added by Stats. 2022, Ch. 76, Sec. 9. (AB 1621) Effective June 30, 2022.)
  88. 17315.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    For Articles 2 through 5 of Chapter 1 of Division 10 of Title 4, “vendor” means an ammunition vendor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17315. As used in Articles 2 through 5 of Chapter 1 of Division 10 of Title 4, “vendor” means an ammunition vendor. (Amended November 8, 2016, by initiative Proposition 63, Sec. 8.4.)
  89. 17320.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    For Section 31360, “violent felony” means the crimes listed in Section 667.5(c) and similar crimes under U.S. or other jurisdictions’ laws.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17320. For purposes of Section 31360 only, “violent felony” refers to the specific crimes listed in subdivision (c) of Section 667.5, and to crimes defined under the applicable laws of the United States or any other state, government, or country that are reasonably equivalent to the crimes listed in subdivision (c) of Section 667.5. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  90. 17330.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This provision defines “wallet gun” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17330. As used in this part, “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  91. 17340.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “wholesaler” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17340. (a) As used in this part, “wholesaler” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. (b) “Wholesaler” shall not include a manufacturer, importer, or gunsmith who is licensed to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code or a person licensed pursuant to Sections 26700 to 26915, inclusive, and the regulations issued pursuant thereto. A wholesaler also does not include a person dealing exclusively in grips, stocks, and other parts of firearms that are not frames or receivers thereof. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  92. 17350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “writing pen knife” as a pen-like device that hides a pointed metal shaft designed for stabbing.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17350. As used in this part, “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  93. 17360.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “zip gun” as a weapon or device that meets all listed criteria.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17360. As used in this part, “zip gun” means any weapon or device that meets all of the following criteria: (a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  94. 175.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    A person who brings or lands certain people into California contrary to Section 173 can face a separate prosecution and penalty.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 175. Every individual person of the classes referred to in Section 173, brought to or landed within this state contrary to the provisions of such section, renders the person bringing or landing liable to a separate prosecution and penalty. (Amended by Stats. 1972, Ch. 637.)
  95. 17500.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who carries a deadly weapon on their person with intent to assault another commits a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17500. Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  96. 17505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person may not advertise the sale of certain prohibited weapons or devices in specified print or other advertising media in California.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17505. It shall be unlawful for any person, as defined in Section 16970, to advertise the sale of any weapon or device, the possession of which is prohibited by Section 18710, 20110, 30315, 30320, 32625, or 33410, by Article 2 (commencing with Section 30600) of Chapter 2 of Division 10 of Title 4, or by any provision listed in Section 16590, in any newspaper, magazine, circular, form letter, or open publication that is published, distributed, or circulated in this state, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  97. 17510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person engaged in picketing or similar informational activity in a public place related to a concerted refusal to work must not carry a concealed firearm, a loaded firearm, or a deadly weapon; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17510. (a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor: (1) Carries concealed upon the person, or within any vehicle which is under the person’s control or direction, any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries a loaded firearm upon the person or within any vehicle that is under the person’s control or direction. (3) Carries a deadly weapon. (b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law. (c) The following provisions shall not be construed to authorize any conduct described in paragraph (1) of subdivision (a): (1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4. (2) Sections 25615 to 25655, inclusive. (d) Sections 25900 to 26020, inclusive, shall not be construed to authorize any conduct described in paragraph (2) of subdivision (a). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  98. 17512.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A driver or owner of a motor vehicle commits a misdemeanor if they knowingly let someone else bring or carry a firearm into the vehicle in violation of Section 26350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17512. It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, to knowingly permit any other person to carry into or bring into the vehicle a firearm in violation of Section 26350. (Added by Stats. 2011, Ch. 725, Sec. 10. (AB 144) Effective January 1, 2012.)
  99. 17515.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says certain law enforcement officers are not prohibited by the listed weapon provisions from carrying equipment authorized for law or ordinance enforcement in any city or county.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17515. Nothing in any provision listed in Section 16580 prohibits a police officer, special police officer, peace officer, or law enforcement officer from carrying any equipment authorized for the enforcement of law or ordinance in any city or county. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  100. 17700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The listed weapons provisions do not apply to any antique firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17700. The provisions listed in Section 16590 do not apply to any antique firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  101. 17705.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some firearms or ammunition that are curio or relic items are exempt from the listed provisions if they are held by a person allowed to possess them. A prohibited person who inherits title to firearms or ammunition may keep title for up to one year, but must transfer it within that year.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17705. (a) The provisions listed in Section 16590 do not apply to any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and that is in the possession of a person permitted to possess the items under Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) Any person prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code, from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable under Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this section is in violation of the applicable provision listed in Section 16590. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  102. 17710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates exemptions for certain weapons and requires some inherited weapons to be transferred within one year.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17710. (a) The provisions listed in Section 16590 do not apply to “any other weapon” as defined in subsection (e) of Section 5845 of Title 26 of the United States Code, which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. (b) Any person prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code, from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable under Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this section is in violation of the applicable provision listed in Section 16590. (c) The exemption provided by this section does not apply to a pen gun. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  103. 17715.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain publicly open historical societies, museums, or institutional collections are exempt from the Section 16590 rules if they properly house the item, secure it from unauthorized handling, and unload it if it is a firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17715. The provisions listed in Section 16590 do not apply to any instrument or device that is possessed by a federal, state, or local historical society, museum, or institutional collection that is open to the public if all of the following conditions are satisfied: (a) The instrument or device is properly housed. (b) The instrument or device is secured from unauthorized handling. (c) If the instrument or device is a firearm, it is unloaded. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  104. 17720.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain weapons provisions do not apply to non-short-barreled instruments or devices used in qualifying film, TV, video, or entertainment production/events by authorized participants, employees, or agents.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17720. The provisions listed in Section 16590 do not apply to any instrument or device, other than a short-barreled rifle or a short-barreled shotgun, which is possessed or used during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  105. 17725.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 17725 exempts certain instruments and devices from Section 16590 when handled by a seller in that business for specified entities, except short-barreled rifles and shotguns.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17725. The provisions listed in Section 16590 do not apply to any instrument or device, other than a short-barreled rifle or a short-barreled shotgun, which is sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by a person who is in the business of selling instruments or devices listed in Section 16590 solely to the entities referred to in Sections 17715 and 17720 when engaging in transactions with those entities. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  106. 17730.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 16590’s listed provisions do not apply to certain law-enforcement agencies, on-duty peace officers, and weapons dealers selling only to those agencies, when the stated conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17730. The provisions listed in Section 16590 do not apply to any of the following: (a) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or a short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of its official duties. (b) The possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any peace officer of any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, when the officer is on duty and the use is authorized by the agency and is within the course and scope of the officer’s duties. (c) Any weapon, device, or ammunition, other than a short-barreled rifle or a short-barreled shotgun, that is sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by, any person who is in the business of selling weapons, devices, and ammunition listed in Section 16590 solely to the entities referred to in subdivision (a) when engaging in transactions with those entities. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  107. 17735.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 16590 does not apply to certain non-firearm items when a person meets the listed conditions and is delivering or transporting the item to a law enforcement agency for lawful disposition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17735. The provisions listed in Section 16590 do not apply to any instrument, ammunition, weapon, or device that is not a firearm and is found and possessed by a person who meets all of the following: (a) The person is not prohibited from possessing firearms or ammunition under subdivision (a) of Section 30305 or Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code. (b) The person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport it to a law enforcement agency for that agency’s disposition according to law. (c) If the person is transporting the item, the person is transporting it to a law enforcement agency for disposition according to law. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  108. 17740.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 17740 exempts certain found firearms from the listed Section 16590 provisions if the person meets specific conditions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17740. The provisions listed in Section 16590 do not apply to any firearm, other than a short-barreled rifle or short-barreled shotgun, which is found and possessed by a person who meets all of the following: (a) The person is not prohibited from possessing firearms or ammunition under subdivision (a) of Section 30305 or Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of this part, or Section 8100 or 8103 of the Welfare and Institutions Code. (b) The person possessed the firearm no longer than was necessary to deliver or transport it to a law enforcement agency for that agency’s disposition according to law. (c) If the person is transporting the firearm, the person is transporting it to a law enforcement agency for disposition according to law. (d) Before transporting the firearm to a law enforcement agency, the person has given prior notice to that law enforcement agency that the person is transporting the firearm to that law enforcement agency for disposition according to law. (e) The firearm is transported in a locked container as defined in Section 16850. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  109. 17745.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 17745 exempts forensic laboratories, and their authorized agents or employees acting within their authorized activities, from the listed Section 16590 restrictions on possessing weapons, devices, or ammunition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Exemptions [17700 - 17745] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17745. The provisions listed in Section 16590 do not apply to the possession of any weapon, device, or ammunition by a forensic laboratory or by any authorized agent or employee thereof in the course and scope of the person’s authorized activities. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  110. 17800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Miscellaneous Provisions [17800- 17800.] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A violation involving each listed firearm, weapon, or device counts as a separate offense.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. GENERALLY PROHIBITED WEAPONS [17700 - 17800] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Miscellaneous Provisions [17800- 17800.] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 17800. For purposes of the provisions listed in Section 16590, a violation as to each firearm, weapon, or device enumerated in any of those provisions shall constitute a distinct and separate offense. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  111. 181.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    This section makes it a crime to hold, sell, buy, or otherwise control a person in involuntary servitude, or to help someone else do so.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 181. Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person, or who sells, or attempts to sell, any person to another, or receives money or anything of value, in consideration of placing any person in the custody, or under the power or control of another, or who buys, or attempts to buy, any person, or pays money, or delivers anything of value, to another, in consideration of having any person placed in his or her custody, or under his or her power or control, or who knowingly aids or assists in any manner any one thus offending, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 271. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  112. 18100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

    Verify source ↗

    A court-signed gun violence restraining order bars the named person from having, owning, purchasing, possessing, or receiving firearms or ammunition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18100. (a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose. (b) For purposes of this chapter, the term “ammunition” includes a “magazine” as defined in Section 16890. (Amended by Stats. 2018, Ch. 898, Sec. 3. (SB 1200) Effective January 1, 2019.)
  113. 18105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

    Verify source ↗

    The Judicial Council must set the required petition, order, and other document forms, make needed court rules, and use the term “gun violence restraining order” for orders issued under this chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18105. The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order. (Amended by Stats. 2018, Ch. 898, Sec. 4. (SB 1200) Effective January 1, 2019.)
  114. 18107.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

    Verify source ↗

    A petitioner for a gun violence restraining order must describe the number, types, and locations of firearms and ammunition believed to be possessed or controlled by the subject of the petition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18107. A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition. (Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
  115. 18108.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Specified California law enforcement agencies must create and keep updated written policies and standards on gun violence restraining orders.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18108. (a) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2021, develop, adopt, and implement written policies and standards relating to gun violence restraining orders. The policies and standards shall be updated, as necessary, to incorporate changes in the law governing gun violence restraining orders. (b) (1) The policies and standards shall instruct officers on the use of gun violence restraining orders in appropriate situations to prevent future violence involving a firearm and shall encourage the use of de-escalation practices for officer and civilian safety when responding to incidents involving a firearm. (2) The policies and standards shall instruct officers on the types of evidence a court considers in determining whether grounds exist for issuance of a gun violence restraining order pursuant to Section 18155. (3) The policies and standards shall instruct officers to consider whether a gun violence restraining order may be necessary during a response to any residence that is associated with a firearm registration or record, during a response in which a firearm is present, or during a response in which one of the involved parties owns or possesses a firearm, or expressed an intent to acquire a firearm. The policies and standards should also inform officers about the different procedures and protections afforded by different types of firearm-prohibiting emergency protective orders that are available to law enforcement petitioners and provide examples of situations in which each type of emergency protective order is most appropriate. (4) The policies and standards should also instruct officers to consider whether a gun violence restraining order may be necessary during a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm or expressed an intent to acquire a firearm. The policies and standards shall encourage officers encountering situations in which there is reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm to consider obtaining a mental health evaluation of the person by a medically trained professional or to detain the person for mental health evaluation pursuant to agency policy relating to Section 5150 of the Welfare and Institutions Code. The policies and standards should reflect the policy of the agency to prevent access to firearms by persons who, due to mental health issues, pose a danger to themselves or to others by owning or possessing a firearm. The policies and standards should encourage officers to provide information about mental health referral services during a contact with a person exhibiting mental health issues. (c) The written policies and standards developed pursuant to this section shall be consistent with any gun violence restraining order training administered by the Commission on Peace Officer Standards and Training, and shall include all of the following: (1) Standards and procedures for requesting and serving a temporary emergency gun violence restraining order, including standards and procedures for determining prior to the expiration of a temporary emergency gun violence restraining order whether the subject of the temporary emergency gun violence restraining order presents an ongoing increased risk for violence so that a gun violence restraining order issued after notice and hearing may be necessary. (2) Standards and procedures for requesting and serving an ex parte gun violence restraining order, including standards and procedures for determining prior to the expiration of an ex parte gun violence restraining order whether the subject of the ex parte gun violence restraining order presents an ongoing increased risk for violence so that a gun violence restraining order issued after notice and hearing may be necessary. (3) Standards and procedures for requesting and serving a gun violence restraining order issued after notice and hearing. (4) Standards and procedures for the seizure of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order. (5) Standards and procedures for verifying or ensuring the removal of firearms and ammunition from the subject of a gun violence restraining order. (6) Standards and procedures for obtaining and serving a search warrant for firearms and ammunition. (7) Responsibility of officers to attend gun violence restraining order hearings and diligently participate in the evidence presentation process. (8) Standards and procedures for requesting renewals of expiring gun violence restraining orders. (9) Standards and procedures for storing firearms surrendered pursuant to a gun violence restraining order. (10) Standards and procedures for returning firearms upon the termination of a gun violence restraining order, including verification that the respondent is not otherwise legally prohibited from possessing firearms. (11) Standards and procedures for addressing violations of a gun violence restraining order. (d) Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University Police Departments are encouraged, but not required by this section, to train officers on standards and procedures implemented pursuant to this section, and may incorporate these standards and procedures into an academy course, preexisting annual training, or other continuing education program. Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University police departments shall make information about standards and policies implemented pursuant to this section available to all officers. (e) In developing and updating these policies and standards, law enforcement agencies are encouraged to consult with gun violence prevention experts, mental health professionals, domestic violence service providers, and other community-based organizations. (f) Policies developed pursuant to this section shall be made available to the public upon request. (Amended by Stats. 2025, Ch. 241, Sec. 62. (SB 857) Effective January 1, 2026.)
  116. 18109.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Law enforcement agencies and officers are not required to seek a gun violence restraining order, and an officer may file a petition in the name of the officer’s agency.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18109. (a) This division does not require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but not limited to, in a case in which the agency or officer concludes, after investigation, that the criteria for issuance of a gun violence restraining order are not satisfied. (b) A petition brought by a law enforcement officer may be made in the name of the law enforcement agency in which the officer is employed. (c) This section shall become operative on September 1, 2020. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 724, Sec. 2. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  117. 18110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Before certain hearings, the court must ensure a search is conducted, then provide the required advisement and keep the search information confidential.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18110. Prior to a hearing on the issuance, renewal, or termination of an order under Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170), the court shall ensure that a search as described in subdivision (a) of Section 6306 of the Family Code is conducted. After issuing its ruling, the court shall provide the advisement described in subdivision (c) of Section 6306 of the Family Code and shall keep information obtained from a search conducted pursuant to this section confidential in accordance with subdivision (d) of Section 6306 of the Family Code. (Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
  118. 18115.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Courts must notify the Department of Justice about gun violence restraining orders on short deadlines, and several court, justice, and law-enforcement filing steps must be completed electronically.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18115. (a) The court shall notify the Department of Justice when a gun violence restraining order has been issued or renewed under this division no later than one court day after issuing or renewing the order. (b) The court shall notify the Department of Justice when a gun violence restraining order has been dissolved or terminated under this division no later than five court days after dissolving or terminating the order. Upon receipt of either a notice of dissolution or a notice of termination of a gun violence restraining order, the Department of Justice shall, within 15 days, document the updated status of any order issued under this division. (c) The notices required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the department. (d) When notifying the Department of Justice pursuant to subdivision (a) or (b), the court shall indicate in the notice whether the person subject to the gun violence restraining order has filed a relinquishment of firearm rights pursuant to subdivision (d) of Section 18175 or was present in court to be informed of the contents of the order or if the person failed to appear. The person’s filing of relinquishment of firearm rights or the person’s presence in court constitutes proof of service of notice of the terms of the order. (e) (1) Within one business day of service, a law enforcement officer who served a gun violence restraining order shall submit the proof of service directly into the California Restraining and Protective Order System, including their name and law enforcement agency, and shall transmit the original proof of service form to the issuing court. (2) Within one business day of receipt of proof of service by a person other than a law enforcement officer, the clerk of the court shall submit the proof of service of a gun violence restraining order directly into the California Restraining and Protective Order System, including the name of the person who served the order. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the proof of service to a local law enforcement agency. The local law enforcement agency shall submit the proof of service directly into the California Restraining and Protective Order System within one business day of receipt from the court. (3) Within one business day of issuance of a gun violence restraining order based on a relinquishment of firearm rights pursuant to subdivision (d) of Section 18175, the clerk of the court shall enter the relinquishment of firearm rights form directly into the California Restraining and Protective Order System. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the relinquishment of firearm rights form to a local law enforcement agency. The local law enforcement agency shall submit the relinquishment of firearm rights form directly into the California Restraining and Protective Order System within one business day of receipt from the court. (Amended by Stats. 2019, Ch. 733, Sec. 1. (AB 1493) Effective January 1, 2020.)
  119. 18120.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A person subject to a gun violence restraining order must not have, buy, own, possess, or receive firearms or ammunition while the order is in effect, and must surrender them and file receipts on schedule.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18120. (a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect. (b) (1) Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns pursuant to this subdivision. (2) The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of a law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. (3) If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. (4) The law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. (5) A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following: (A) File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order. (B) File a copy of the receipt described in subparagraph (A) with the law enforcement agency, if any, that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. (6) When issuing an order pursuant to this subdivision, the court shall provide the respondent with information on how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. A court holding a hearing on this matter shall review the file to determine whether the receipt has been filed and inquire of the respondent whether they have complied with the requirement. Violations of the firearms prohibition of any restraining order under this section shall be reported to the prosecuting attorney in the jurisdiction where the order has been issued within two business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. If the person does not file a receipt with the court within 48 hours after receiving the order for a firearm in their possession, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information the court deems appropriate. (c) (1) Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the restrained person. Upon expiration of an order, the firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000. (2) A restrained person who owns firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition. (d) If a person other than the restrained person claims title to firearms or ammunition surrendered pursuant to this section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. (e) Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department. (f) If the respondent declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition required under this section. (g) (1) The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545. (2) Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. (h) This section shall become operative on January 1, 2026. (Repealed (in Sec. 14) and added by Stats. 2024, Ch. 544, Sec. 15. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  120. 18120.5.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Courts handling these hearings must consider certain firearm information, may set a review hearing, and must issue records and notice in specified circumstances.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18120.5. (a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 136.2 or Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 has a firearm in or subject to their immediate possession or control in violation of the order. (b) (1) In making a determination under this section, the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted. (2) The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect. (3) If the court makes a determination that the restrained person has a firearm in violation of the order, the court must make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing. (c) (1) When presented with information under subdivision (a), the court may set a review hearing to determine whether a violation of the order has taken place. (2) The review hearing shall be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person is not present when the court sets the review hearing, the protected person must provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person’s last known address. (3) The court may for good cause extend the date of the review hearing for a reasonable period or remove it from the calendar. (4) The court shall order the restrained person to appear at the review hearing. (5) This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court. (d) The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure. (e) This section shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 544, Sec. 16. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  121. 18121.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    No filing fee applies to certain gun violence restraining order filings and related subpoenas or petition filings.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18121. There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. There is no fee for any filings related to a petition filed pursuant to this division. (Amended by Stats. 2021, Ch. 686, Sec. 4. (SB 538) Effective January 1, 2022.)
  122. 18122.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Courts and court facilities covered by this section must allow certain restraining-order petitions to be filed electronically and send related documents electronically unless the petitioner chooses pickup.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18122. (a) (1) A court or court facility that receives petitions for any restraining order under this division or temporary gun violence restraining orders consistent with Chapter 2 (commencing with Section 18125) shall permit those petitions to be submitted electronically. The court or court facility shall, based on the time of receipt, act on these filings consistent with Section 18150. (2) The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. (b) (1) Information regarding electronic filing and access to the court’s self-help center shall be prominently displayed on each court’s homepage. (2) Each self-help center shall maintain and make available information related to gun violence restraining orders pursuant to this section. (c) The Judicial Council may adopt or amend rules and forms to implement this section. (d) This section shall become operative on July 1, 2023. (Repealed and added by Stats. 2022, Ch. 420, Sec. 30. (AB 2960) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.)
  123. 18123.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A party or witness may appear remotely at a hearing on a petition for a gun violence restraining order, and each county’s superior court must create local rules and instructions for those remote appearances and post them on its website.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 1. General [18100 - 18123] ( Chapter 1 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18123. A party or witness may appear remotely at the hearing on a petition for a gun violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website. (Amended by Stats. 2022, Ch. 420, Sec. 31. (AB 2960) Effective January 1, 2023.)
  124. 18125.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A temporary emergency gun violence restraining order may be issued ex parte only if required findings are made, and the order must bar the subject from firearms or ammunition and expires after 21 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18125. (a) A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following: (1) The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. (2) A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition. (b) A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and shall expire 21 days from the date the order is issued. (Amended by Stats. 2018, Ch. 898, Sec. 7. (SB 1200) Effective January 1, 2019.)
  125. 18130.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A temporary emergency gun violence restraining order is valid only if a judicial officer issues it after the required Section 18125 findings and at the specific request of a law enforcement officer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18130. A temporary emergency gun violence restraining order is valid only if it is issued by a judicial officer after making the findings required by Section 18125 and pursuant to a specific request by a law enforcement officer. (Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
  126. 18135.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A temporary emergency gun violence restraining order must state the grounds, expiration date and time, and court address, and it must tell the restrained person to surrender firearms, ammunition, and magazines and not to have or try to get any while the order is active.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18135. (a) A temporary emergency gun violence restraining order issued under this chapter shall include all of the following: (1) A statement of the grounds supporting the issuance of the order. (2) The date and time the order expires. (3) The address of the superior court for the county in which the restrained party resides. (4) The following statement: “To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.” (b) When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control. (Amended by Stats. 2018, Ch. 898, Sec. 8. (SB 1200) Effective January 1, 2019.)
  127. 18140.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A law enforcement officer requesting a temporary emergency gun violence restraining order must complete required follow-up steps, including an oral-request declaration, service, court filing, and database entry.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following: (a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council. (b) Serve the order on the restrained person, if the restrained person can reasonably be located. (c) File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance. (d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. (Amended by Stats. 2020, Ch. 286, Sec. 1. (AB 2617) Effective January 1, 2021.)
  128. 18145.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A judicial officer may issue a temporary emergency gun violence restraining order orally based on a law enforcement officer’s statements, and—if time and circumstances permit—an order may be obtained in writing based on a declaration signed under penalty of perjury.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18145. (a) (1) A judicial officer may issue a temporary emergency gun violence restraining order orally based on the statements of a law enforcement officer made in accordance with subdivision (a) of Section 18140. (2) If time and circumstances permit, a temporary emergency gun violence restraining order may be obtained in writing and based on a declaration signed under penalty of perjury. (b) The presiding judge of the superior court of each county shall designate at least one judge, commissioner, or referee who shall be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session. (Amended by Stats. 2018, Ch. 873, Sec. 2. (AB 2526) Effective January 1, 2019.)
  129. 18148.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Within 21 days after the order, the issuing court or another court in the same jurisdiction must hold a hearing to decide whether to issue a gun violence restraining order.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 2. Temporary Emergency Gun Violence Restraining Order [18125 - 18148] ( Chapter 2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18148. Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing. (Added by Stats. 2018, Ch. 898, Sec. 9. (SB 1200) Effective January 1, 2019.)
  130. 18150.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Certain people may ask a court for an ex parte gun violence restraining order, and the court must act quickly on the petition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18150. (a) (1) Any of the following individuals may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition: (A) An immediate family member of the subject of the petition. (B) An employer of the subject of the petition. (C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer. (D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role. (E) A law enforcement officer. (F) A roommate of the subject of the petition. (G) An individual who has a dating relationship with the subject of the petition. (H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year. (2) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243. (3) For purposes of this subdivision, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year. (4) For purposes of this subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had substantial and regular interactions with the subject for at least one year. (5) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order. (b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true: (1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to the subject of the petition or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155. (2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. (c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist. (d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (e) This section shall become operative on September 1, 2020. (Amended by Stats. 2022, Ch. 974, Sec. 1. (AB 2870) Effective January 1, 2023.)
  131. 18155.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Before issuing an ex parte gun violence restraining order, the court must examine the petitioner and any witness under oath, may require a written affidavit instead, and must consider listed evidence when deciding whether grounds exist.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18155. (a) (1) The court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce. (2) In lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath. (b) (1) In determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following: (A) A recent threat of violence or act of violence by the subject of the petition directed toward another individual, group, or location. (B) A recent threat of violence or act of violence by the subject of the petition directed toward themselves. (C) A violation of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code that is in effect at the time the court is considering the petition. (D) A recent violation of an unexpired protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code, or comparable firearm-prohibiting protective orders, including extreme risk protection orders, issued by out-of-state courts. (E) A conviction for any offense listed in Section 29805. (F) A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward themselves or another individual, group, or location. (2) In determining whether grounds for a gun violence restraining order exist, the court may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the following: (A) The unlawful and reckless use, display, or brandishing of a firearm indicating an increased risk for violence or actual threat of violence by the subject of the petition, including, but not limited to, acts using electronic means of communication, including social media postings or messages, text messages, or email. (B) The history of use, attempted use, or threatened use of physical force by the subject of the petition against another person. (C) A prior arrest of the subject of the petition for a felony offense. (D) A history of a violation by the subject of the petition of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code. (E) A history of a violation by the subject of the petition of a protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code, or comparable firearm-prohibiting protective orders, including extreme risk protection orders, issued by out-of-state courts. (F) Documentary evidence, including, but not limited to, police reports and records of convictions, of either recent criminal offenses by the subject of the petition that involve controlled substances or alcohol or ongoing abuse of controlled substances or alcohol by the subject of the petition. (G) Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or other deadly weapons. While evidence of recent acquisitions is a factor the court may consider, the court may still issue a gun violence restraining order to temporarily prevent legal access to firearms even if the respondent does not own firearms, ammunition, or other deadly weapons at the time that the court is considering issuing a gun violence restraining order. (H) Evidence of acquisition of body armor, as defined in Section 16288. (I) Evidence of stalking, as defined in Section 646.9. (J) Evidence of cruelty to animals, as defined in Section 597. (K) Evidence of the respondent’s oral or written threats of violence toward any person or group because of their actual or perceived race or ethnicity, nationality, religion, disability, gender, or sexual orientation, including, but not limited to, threats using electronic means of communication, including social media postings or messages, text messages, or email. For the purposes of this subparagraph, “race or ethnicity,” “nationality,” “religion,” “disability,” “gender,” and “sexual orientation” are defined as in Section 422.56. (L) Evidence of the respondent’s knowing and intentional defacement, damage, or destruction of the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or the Constitution or laws of the United States, in whole or in part because of a person’s actual or perceived race or ethnicity, nationality, religion, disability, gender, or sexual orientation, in violation of subdivision (b) of Section 422.6. “Race or ethnicity,” “nationality,” “religion,” “disability,” “gender,” and “sexual orientation” mean the same as defined in Section 422.56. (M) Evidence of the respondent’s threats of violence to advance a political objective or threats of violence intended to interfere with any other person’s free exercise or enjoyment of any right or privilege secured to them by the Constitution or laws of this state or the United States, including, but not limited to, threats using electronic means of communication, including social media postings or messages, text messages, or email. (3) For the purposes of this subdivision, “recent” means within the six months prior to the date the petition was filed. (c) If the court determines that the grounds to issue an ex parte gun violence restraining order exist, it shall issue an ex parte gun violence restraining order that prohibits the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition, and expires no later than 21 days from the date of the order. (Amended by Stats. 2024, Ch. 539, Sec. 4. (AB 2917) Effective January 1, 2025.)
  132. 18160.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. )

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    This section requires an ex parte gun violence restraining order to list key information, requires law enforcement to personally serve the order when the restrained person can reasonably be located, and requires the restrained person to surrender firearms, ammunition, and magazines and not possess or try to obtain them while the order is in effect.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18160. (a) An ex parte gun violence restraining order issued under this chapter shall include all of the following: (1) A statement of the grounds supporting the issuance of the order. (2) The date and time the order expires. (3) The address of the superior court in which a responsive pleading should be filed. (4) The date and time of the scheduled hearing. (5) The following statement: “To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a period of time between one to five years. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.” (b) (1) An ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or by a person as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located. (2) When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165. (3) When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if the person has a firearm, ammunition, or magazine in the person’s possession or under the person’s custody or control. (c) This section shall become operative on September 1, 2020. (Repealed (in Sec. 5) and added by Stats. 2019, Ch. 724, Sec. 6. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  133. 18165.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. )

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    The court must hold a hearing within 21 days after the order is made.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 3. Ex Parte Gun Violence Restraining Order [18150 - 18165] ( Chapter 3 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18165. Within 21 days after the date on the order, before the court that issued the order or another court in the same jurisdiction, the court shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued under Chapter 4 (commencing with Section 18170). (Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
  134. 18170.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    Certain listed people may ask a court, after notice and hearing, to issue a gun violence restraining order that bars the subject from having, owning, buying, possessing, or receiving firearms or ammunition for one to five years.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18170. (a) (1) Any of the following individuals may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of time between one to five years: (A) An immediate family member of the subject of the petition. (B) An employer of the subject of the petition. (C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer. (D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role. (E) A law enforcement officer. (F) A roommate of the subject of the petition. (G) An individual who has a dating relationship with the subject of the petition. (H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year. (2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order. (b) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243. (c) For purposes of this section, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year. (d) For purposes of this subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had substantial and regular interactions with the subject for at least one year. (e) This section shall become operative on September 1, 2020. (Amended by Stats. 2022, Ch. 974, Sec. 2. (AB 2870) Effective January 1, 2023.)
  135. 18175.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    The court must consider evidence and, if clear and convincing evidence supports it, issue a gun violence restraining order restricting the subject’s firearms and ammunition access.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18175. (a) In determining whether to issue a gun violence restraining order under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of the facts identified in paragraph (2) of subdivision (b) of Section 18155. (b) At the hearing, the petitioner has the burden of proving, by clear and convincing evidence, that both of the following are true: (1) The subject of the petition, or a person subject to a temporary emergency gun violence restraining order or an ex parte gun violence restraining order, as applicable, poses a significant danger of causing personal injury to themselves or another by having in the subject’s or person’s custody or control, owning, purchasing, possessing, or receiving a firearm, ammunition, or magazine. (2) A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable. (c) (1) If the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in the subject’s custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm, ammunition, or magazine. (2) If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve a temporary emergency or ex parte gun violence restraining order then in effect. (d) (1) The subject of the petition may file a form with the court relinquishing the subject’s firearm rights for the duration specified on the petition or, if not stated in the petition, for one year from the date of the proposed hearing, and stating that the subject is not contesting the petition. (2) If the subject of the petition files a form pursuant to paragraph (1), the court shall issue, without any hearing, the gun violence restraining order at least five court days before the scheduled hearing. If the subject files the form within five court days before the scheduled hearing, the court shall issue, without any hearing, the gun violence restraining order as soon as possible. The court shall provide notice of the order to all parties. (3) If the subject of the petition files a form pursuant to paragraph (1) and has not already surrendered all firearms, ammunition, and magazines in the subject’s custody or control or those that the subject possesses or owns, the subject shall follow the procedures in Section 18120 but shall surrender the firearms, ammunition, and magazines within 48 hours of filing the form relinquishing firearm rights. (e) (1) The court shall issue a gun violence restraining order under this chapter for a period of time of one to five years, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and renewal by further order of the court pursuant to Section 18190. (2) In determining the duration of the gun violence restraining order pursuant to paragraph (1), the court shall consider the length of time that the circumstances set forth in subdivision (b) are likely to continue, and shall issue the order based on that determination. (f) This section shall become operative on September 1, 2020. (Repealed (in Sec. 2.1) and added by Stats. 2019, Ch. 733, Sec. 2.2. (AB 1493) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  136. 18180.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A gun violence restraining order must include stated information and notice, and the restrained person generally may not possess firearms, ammunition, or magazines while the order is in effect.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18180. (a) A gun violence restraining order issued pursuant to this chapter shall include all of the following: (1) A statement of the grounds supporting the issuance of the order. (2) The date and time the order expires. (3) The address of the superior court for the county in which the restrained party resides. (4) The following statement: “To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request a hearing on an annual basis to terminate this order during its effective period. You may seek the advice of an attorney as to any matter connected with the order.” (b) If the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that the person is entitled to a hearing on an annual basis to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing. (c) This section shall become operative on September 1, 2020. (Repealed (in Sec. 11) and added by Stats. 2019, Ch. 724, Sec. 12. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  137. 18185.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A person covered by a gun violence restraining order may ask once per year for a hearing to terminate the order, and the court must terminate the order if the statutory finding is not supported after the hearing.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18185. (a) A person subject to a gun violence restraining order issued under this chapter may submit one written request per year during the effective period of the order for a hearing to terminate the order. (b) If the court finds after the hearing that there is no longer clear and convincing evidence to believe that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true, the court shall terminate the order. (c) This section shall become operative on September 1, 2020. (Repealed (in Sec. 13) and added by Stats. 2019, Ch. 724, Sec. 14. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  138. 18190.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    This section lets certain people ask to renew a gun violence restraining order within the last three months before it expires, and it requires the court to renew the order if the required proof is shown.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18190. (a) (1) Any of the following people may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order: (A) An immediate family member of the subject of the petition. (B) An employer of the subject of the petition. (C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer. (D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role. (E) A law enforcement officer. (F) A roommate of the subject of the petition. (G) An individual who has a dating relationship with the subject of the petition. (H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year. (2) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243. (3) For purposes of this subdivision, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year. (4) For purposes of this subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had substantial and regular interactions with the subject for at least one year. (5) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order. (b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true. (c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155. (d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true. (e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter. (f) (1) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of between one to five years, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section. (2) In determining the duration of the gun violence restraining order pursuant to paragraph (1), the court shall consider the length of time that the circumstances set forth in subdivision (b) of Section 18175 are likely to continue, and shall issue the order based on that determination. (g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180. (h) This section shall become operative on September 1, 2020. (Amended by Stats. 2022, Ch. 974, Sec. 3. (AB 2870) Effective January 1, 2023.)
  139. 18195.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A hearing under this chapter may be continued if there is good cause, and any existing order stays in effect during the continuance.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18195. Any hearing held pursuant to this chapter may be continued upon a showing of good cause. Any existing order issued pursuant to this division shall remain in full force and effect during the period of continuance. (Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
  140. 18197.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. )

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    If the restrained person was not in court when a gun violence restraining order was issued or renewed, the order must be personally served if the person can reasonably be located.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing [18170 - 18197] ( Chapter 4 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18197. (a) If a person subject to a gun violence restraining order issued or renewed pursuant to this chapter was not present in court at the time the order was issued or renewed, the gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or by a person as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located. (b) This section shall become operative on September 1, 2020. (Repealed (in Sec. 17) and added by Stats. 2019, Ch. 724, Sec. 18. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  141. 182.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. )

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    Two or more people who conspire to commit listed crimes or acts can be punished with prison, jail, fines, or both; in some conspiracy trials, an overt act must be alleged and proved.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. ) ## 182. (a) If two or more persons conspire: (1) To commit any crime. (2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime. (3) Falsely to move or maintain any suit, action, or proceeding. (4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises. (5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws. (6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States. They are punishable as follows: When they conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, seven, or nine years. When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree. If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term. When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000). All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done. (b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence. (Amended by Stats. 2011, Ch. 15, Sec. 272. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  142. 182.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. )

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    A person who actively takes part in a criminal street gang, knows the gang engages in a pattern of criminal gang activity, and willfully helps or benefits from the gang’s felonious conduct is guilty of conspiracy to commit that felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. ) ## 182.5. Notwithstanding subdivisions (a) or (b) of Section 182, any person who actively participates in any criminal street gang, as defined in subdivision (f) of Section 186.22, with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, as defined in subdivision (e) of Section 186.22, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that gang is guilty of conspiracy to commit that felony and may be punished as specified in subdivision (a) of Section 182. (Added March 7, 2000, by initiative Proposition 21, Sec. 3. Note: Prop. 21 is titled the Gang Violence and Juvenile Crime Prevention Act of 1998.)
  143. 18200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 5. Offenses [18200 - 18205] ( Chapter 5 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A person who files certain gun violence restraining order petitions knowing the information is false, or intending to harass, commits a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 5. Offenses [18200 - 18205] ( Chapter 5 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18200. Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence restraining order issued after notice and a hearing pursuant to Chapter 4 (commencing with Section 18170), knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
  144. 18205.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 5. Offenses [18200 - 18205] ( Chapter 5 added by Stats. 2014, Ch. 872, Sec. 3. )

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    A person who knows they are barred by a qualifying gun violence restraining order must not have, buy, receive, or possess firearms or ammunition, and the violation is a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 5. Offenses [18200 - 18205] ( Chapter 5 added by Stats. 2014, Ch. 872, Sec. 3. ) ## 18205. (a) Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this division, is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. (b) For purposes of this section, a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this section must be issued upon a showing by clear and convincing evidence that the person poses a significant danger of causing personal injury to themselves or another because of owning or possessing a firearm or ammunition. (Amended by Stats. 2020, Ch. 286, Sec. 2. (AB 2617) Effective January 1, 2021.)
  145. 18210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. )

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    In the counties covered by this chapter, certain prosecutors may petition for a gun violence restraining order.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. ) ## 18210. The Legislature finds and declares that it is the intent of this chapter that, in the counties described in this chapter, the district attorney, any assistant district attorney, or any deputy district attorney may petition for a gun violence restraining order in accordance with the same laws and procedures governing the eligibility to petition for a gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170) of this division. (Added by Stats. 2025, Ch. 573, Sec. 1. (AB 1344) Effective January 1, 2026. Repealed as of January 1, 2034, pursuant to Section 18225.)
  146. 18215.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. )

    Verify source ↗

    Four specified counties may create a pilot program through January 1, 2032 that lets a district attorney file a gun violence restraining order petition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. ) ## 18215. (a) The following counties may establish, until January 1, 2032, a pilot program to authorize a district attorney to file a petition for a gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170) of this division: (1) County of Alameda. (2) County of El Dorado. (3) County of Santa Clara. (4) County of Ventura. (b) (1) As used in Section 18109, 18150, 18170, or 18190, “law enforcement officer” includes any district attorney, assistant district attorney, or deputy district attorney for a county identified in subdivision (a) that has established a pilot program pursuant to this section. (2) As used in Section 18109, “law enforcement agency” includes the district attorney’s office for a county identified in subdivision (a) that has established a pilot program pursuant to this section. (Added by Stats. 2025, Ch. 573, Sec. 1. (AB 1344) Effective January 1, 2026. Repealed as of January 1, 2034, pursuant to Section 18225.)
  147. 18220.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. )

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    County district attorneys in pilot-program counties must send annual pilot program data to UC Davis and make that data available on request to the Department of Justice and Judicial Council.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. ) ## 18220. (a) The district attorney of a county that establishes a pilot program pursuant to this chapter shall, commencing April 1, 2027, annually submit data regarding the pilot program to the California Firearm Violence Research Center at UC Davis. The data submitted shall include all of the following: (1) The number of petitions filed and the outcome of the petitions, if any. (2) Demographic data for the restrained individuals. (3) The reasons that the petition was filed. (4) Areas of success and areas for improvement in subsequent years. (b) (1) The center may conduct an evaluation of a pilot program’s impact and effectiveness. If the center conducts an evaluation of a pilot project, the evaluation shall include, but not be limited to, the data described in subdivision (a). (2) The center may, commencing on or before July 1, 2027, and annually thereafter, submit an evaluation described in paragraph (1) to the Assembly and Senate Committees on Public Safety. (c) If the center conducts an evaluation of more than one pilot program pursuant to subdivision (b), the center may combine the evaluations into a comprehensive report and may submit the report, commencing on or before July 1, 2027, and annually thereafter, to the Assembly and Senate Committees on Public Safety. (d) The district attorney of a county that establishes a pilot program pursuant to this chapter shall, commencing April 1, 2027, make the data described in subdivision (a) available upon request to the Department of Justice and the Judicial Council. (Added by Stats. 2025, Ch. 573, Sec. 1. (AB 1344) Effective January 1, 2026. Repealed as of January 1, 2034, pursuant to Section 18225.)
  148. 18225.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. )

    Verify source ↗

    This chapter ends on January 1, 2034 unless a later statute enacted before then deletes or extends that date.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18225] ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. ) ## CHAPTER 6. Gun Violence Restraining Order Pilot Project [18210 - 18225] ( Chapter 6 added by Stats. 2025, Ch. 573, Sec. 1. ) ## 18225. This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2034, deletes or extends that date. (Added by Stats. 2025, Ch. 573, Sec. 1. (AB 1344) Effective January 1, 2026. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Chapter 6, commencing with Section 18210.)
  149. 18250.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Specified peace officers must take temporary custody of firearms or other deadly weapons found in plain sight or through lawful search at certain domestic violence-related scenes.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18250. (a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present: (1) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police officer of a city, as defined in subdivision (a) of Section 830.1. (2) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2. (3) A member of the University of California Police Department, as defined in subdivision (b) of Section 830.2. (4) An officer listed in Section 830.6, while acting in the course and scope of the officer’s employment as a peace officer. (5) A member of a California State University Police Department, as defined in subdivision (c) of Section 830.2. (6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2. (7) A peace officer, as defined in subdivision (d) of Section 830.31. (8) A peace officer, as defined in subdivisions (a) and (b) of Section 830.32. (9) A peace officer, as defined in Section 830.5. (10) A sworn member of the Department of Justice who is a peace officer, as defined in Section 830.1. (11) A member of the San Francisco Bay Area Rapid Transit District Police Department, as defined in subdivision (a) of Section 830.33. (b) This section shall become operative on January 1, 2016. (Repealed (in Sec. 4.5) and added by Stats. 2014, Ch. 872, Sec. 5.5. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  150. 18255.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    When an officer takes custody of a firearm or other deadly weapon under this division, the officer must give the owner or possessor a receipt.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18255. (a) Upon taking custody of a firearm or other deadly weapon pursuant to this division, the officer shall give the owner or person who possessed the firearm or other deadly weapon a receipt. (b) The receipt shall describe the firearm or other deadly weapon and list any identification or serial number on the firearm. (c) The receipt shall indicate where the firearm or other deadly weapon can be recovered, the time limit for recovery as required by this division, and the date after which the owner or possessor can recover the firearm or other deadly weapon. (d) The receipt shall include the name and residential mailing address of the owner or person who possessed the firearm or other deadly weapon. (Amended by Stats. 2018, Ch. 185, Sec. 1. (AB 2176) Effective January 1, 2019.)
  151. 18260.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A peace officer who takes custody of a firearm or other deadly weapon under this division must deliver it within 24 hours to the local city police department or county sheriff’s office.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18260. Any peace officer, as defined in subdivisions (a) and (b) of Section 830.32, who takes custody of a firearm or other deadly weapon pursuant to this division, shall deliver the firearm or other deadly weapon within 24 hours to the city police department or county sheriff’s office in the jurisdiction where the college or school is located. (Amended by Stats. 2018, Ch. 185, Sec. 2. (AB 2176) Effective January 1, 2019.)
  152. 18265.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Firearms or deadly weapons taken into custody under this division must be held at least 48 hours, and may have to be returned to the owner or lawful possessor within five business days after compliance is shown, unless an exception applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18265. (a) No firearm or other deadly weapon taken into custody pursuant to this division shall be held less than 48 hours. (b) Except as provided in Section 18400, if a firearm or other deadly weapon is not retained for use as evidence related to criminal charges brought as a result of the domestic violence incident or is not retained because it was illegally possessed, the firearm or other deadly weapon shall be made available to the owner or person who was in lawful possession 48 hours after the seizure, or as soon thereafter as possible, but no later than five business days after the owner or person who was in lawful possession demonstrates compliance with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. (c) In any civil action or proceeding for the return of any firearm, ammunition, or other deadly weapon seized by any state or local law enforcement agency and not returned within five business days after the initial seizure, except as provided in Section 18270, the court shall allow reasonable attorney’s fees to the prevailing party. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  153. 18270.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A stolen firearm or other deadly weapon taken into custody under this division must be returned to the lawful owner once the listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18270. If a firearm or other deadly weapon has been stolen and has been taken into custody pursuant to this division, it shall be restored to the lawful owner upon satisfaction of all of the following conditions: (a) Its use for evidence has been served. (b) The owner identifies the firearm or other deadly weapon and provides proof of ownership. (c) The law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  154. 18275.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A firearm or other deadly weapon held by certain law enforcement authorities for more than 12 months, and not recovered by the owner or lawful possessor, is treated as a nuisance and destroyed under the cited procedure.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Seizure and Subsequent Procedures [18250 - 18275] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18275. (a) Any firearm or other deadly weapon that has been taken into custody and held by any of the following law enforcement authorities for longer than 12 months, and has not been recovered by the owner or person who had lawful possession at the time it was taken into custody, shall be considered a nuisance and destroyed as provided in subdivision (a) of Section 18005: (1) A police, university police, or sheriff’s department. (2) A marshal’s office. (3) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2. (4) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2. (5) A peace officer, as defined in subdivision (d) of Section 830.31. (6) A peace officer, as defined in Section 830.5. (b) If a firearm or other deadly weapon is not recovered within 12 months due to an extended hearing process as provided in Section 18420, it is not subject to destruction until the court issues a decision, and then only if the court does not order the return of the firearm or other deadly weapon to the owner. (Amended by Stats. 2022, Ch. 58, Sec. 36. (AB 200) Effective June 30, 2022.)
  155. 183.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. )

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    Conspiracies not listed in the preceding section are not criminally punishable.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. ) ## 183. No conspiracies, other than those enumerated in the preceding section, are punishable criminally. (Enacted 1872.)
  156. 184.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. )

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    An agreement is not a conspiracy unless an act is done in California to carry out the agreement’s object.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. ) ## 184. No agreement amounts to a conspiracy, unless some act, beside such agreement, be done within this state to effect the object thereof, by one or more of the parties to such agreement and the trial of cases of conspiracy may be had in any county in which any such act be done. (Amended by Stats. 1919, Ch. 125.)
  157. 18400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    If a law enforcement agency believes returning a seized firearm or deadly weapon would endanger the victim or reporter, it must notify the owner and start a superior court petition within 60 days; it may seek an ex parte extension, but the petition must be filed within 90 days of seizure.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18400. (a) When a law enforcement agency has reasonable cause to believe that the return of a firearm or other deadly weapon seized under this division would be likely to result in endangering the victim or the person who reported the assault or threat, the agency shall so advise the owner of the firearm or other deadly weapon, and within 60 days of the date of seizure, initiate a petition in superior court to determine if the firearm or other deadly weapon should be returned. (b) The law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition. (c) Including any extension of time granted in response to an ex parte request, a petition must be filed within 90 days of the date of seizure of the firearm or other deadly weapon. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  158. 18405.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    If a petition is filed, the law enforcement agency must notify the owner or lawful possessor of the seized firearm or other deadly weapon by registered mail, and the person has 30 days to ask the court clerk for a hearing; if they do not respond, a default forfeiture order results.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18405. (a) If a petition is filed under Section 18400, the law enforcement agency shall inform the owner or person who had lawful possession of the firearm or other deadly weapon, at that person’s last known address, by registered mail, return receipt requested, that the person has 30 days from the date of receipt of the notice to respond to the court clerk to confirm the person’s desire for a hearing, and that the failure to respond shall result in a default order forfeiting the confiscated firearm or other deadly weapon. (b) For purposes of this section, the person’s last known address shall be presumed to be the address provided to the law enforcement officer by that person at the time of the domestic violence incident. (c) In the event the person whose firearm or other deadly weapon was seized does not reside at the last address provided to the agency, the agency shall make a diligent, good faith effort to learn the whereabouts of the person and to comply with these notification requirements. (Amended by Stats. 2018, Ch. 185, Sec. 3. (AB 2176) Effective January 1, 2019.)
  159. 18410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    If a hearing is requested, the court clerk must set it within 30 days and notify the listed parties. The court must return the weapon unless danger is shown by a preponderance of the evidence, and the prevailing party may receive reasonable attorney’s fees.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18410. (a) If the person who receives a petition under Section 18405 requests a hearing, the court clerk shall set a hearing no later than 30 days from receipt of that request. (b) The court clerk shall notify the person, the law enforcement agency involved, and the district attorney of the date, time, and place of the hearing. (c) Unless it is shown by a preponderance of the evidence that the return of the firearm or other deadly weapon would result in endangering the victim or the person reporting the assault or threat, the court shall order the return of the firearm or other deadly weapon and shall award reasonable attorney’s fees to the prevailing party. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  160. 18415.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    If a person served with the petition does not request a hearing or respond within 30 days, the law enforcement agency may seek an order of default and dispose of the weapon as allowed elsewhere.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18415. If the person who receives a petition under Section 18405 does not request a hearing or does not otherwise respond within 30 days of the receipt of the notice, the law enforcement agency may file a petition for an order of default and may dispose of the firearm or other deadly weapon as provided in Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  161. 18420.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    After a court refuses to return a firearm or other deadly weapon, the owner or lawful possessor may ask for a second hearing within 12 months. At that hearing, the court must order return unless clear and convincing evidence shows return would endanger the victim or reporter, and the court must award reasonable attorney’s fees to the prevailing party.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger [18400 - 18420] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18420. (a) If, at a hearing under Section 18410, the court does not order the return of the firearm or other deadly weapon to the owner or person who had lawful possession, that person may petition the court for a second hearing within 12 months from the date of the initial hearing. (b) If there is a petition for a second hearing, unless it is shown by clear and convincing evidence that the return of the firearm or other deadly weapon would result in endangering the victim or the person reporting the assault or threat, the court shall order the return of the firearm or other deadly weapon and shall award reasonable attorney’s fees to the prevailing party. (c) If the owner or person who had lawful possession does not petition the court within this 12-month period for a second hearing or is unsuccessful at the second hearing in gaining return of the firearm or other deadly weapon, the firearm or other deadly weapon may be disposed of as provided in Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  162. 185.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. )

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    Law enforcement officers generally may not wear facial coverings that hide their identity while performing their duties, unless an express section-based exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 8. Conspiracy [182 - 185.5] ( Chapter 8 enacted 1872. ) ## 185.5. (a) A law enforcement officer shall not wear a facial covering that conceals or obscures their facial identity in the performance of their duties, except as expressly authorized in this section. (b) (1) For purposes of this section, “facial covering” means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including, but not limited to, a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item. (2) A “facial covering” does not include any of the following: (A) A translucent face shield or clear mask that does not conceal the wearer’s facial identity and is used in compliance with the employing agency’s policy and procedures in Section 7289 of the Government Code. (B) A N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask, helmet, or device, including, but not limited to, air-purifying respirators, full or half masks, or self-contained breathing apparatus necessary to protect against exposure to any toxin, gas, smoke, inclement weather, or any other hazardous or harmful environmental condition. (C) A mask, helmet, or device, including, but not limited to, a self-contained breathing apparatus, necessary for underwater use. (D) A motorcycle helmet when worn by an officer utilizing a motorcycle or other vehicle that requires a helmet for safe operations while in the performance of their duties. (E) Eyewear necessary to protect from the use of retinal weapons, including, but not limited to, lasers. (c) This section does not apply to either of the following: (1) An officer subject to one or more of the exemptions set forth in paragraph (3) of subdivision (b) of Section 7289 of the Government Code. (2) An officer assigned to Special Weapons and Tactics (SWAT) team units while actively performing their SWAT responsibilities. (d) A willful and knowing violation of this section is punishable as an infraction or a misdemeanor. (e) For the purposes of this section, “law enforcement officer” means a peace officer, as defined in Section 830, employed by a city, county, or other local agency as well as any officer or agent of a federal law enforcement agency or any law enforcement agency of another state or any person acting on behalf of a federal law enforcement agency or law enforcement agency of another state. (f) The criminal penalties in this section shall not apply to any law enforcement officer if they were acting in their capacity as an employee of the agency and the agency maintains and publicly posts, no later than July 1, 2026, a written policy pursuant to Section 7289 of the Government Code. (g) Notwithstanding any other law, any person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering in a knowing and willful violation of this section shall not be entitled to assert any privilege or immunity for their tortious conduct against a claim of civil liability, and shall be liable to that individual for the greater of actual damages or statutory damages of not less than ten thousand dollars ($10,000), whichever is greater. (Added by Stats. 2025, Ch. 125, Sec. 3. (SB 627) Effective January 1, 2026.)
  163. 18500.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Liability [18500- 18500.] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A law enforcement agency or individual officer is not liable for acts done in good faith under this division.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE [18250 - 18500] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Liability [18500- 18500.] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18500. The law enforcement agency, or the individual law enforcement officer, shall not be liable for any act in the good faith exercise of this division. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  164. 186.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    This section says the act may be cited as the California Control of Profits of Organized Crime Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186. This act may be cited as the “California Control of Profits of Organized Crime Act.” (Added by Stats. 1982, Ch. 1281, Sec. 1.)
  165. 186.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    The Legislature says forfeiting profits from organized crime is an effective way to punish and deter criminal activity.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.1. The Legislature hereby finds and declares that an effective means of punishing and deterring criminal activities of organized crime is through the forfeiture of profits acquired and accumulated as a result of such criminal activities. It is the intent of the Legislature that the “California Control of Profits of Organized Crime Act” be used by prosecutors to punish and deter only such activities. (Added by Stats. 1982, Ch. 1281, Sec. 1.)
  166. 186.10.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10. Money Laundering [186.9 - 186.10] ( Chapter 10 added by Stats. 1986, Ch. 1039, Sec. 2. )

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    Money laundering is a crime if a person moves covered monetary instruments through financial institutions over the stated dollar thresholds with the required criminal intent or knowledge.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10. Money Laundering [186.9 - 186.10] ( Chapter 10 added by Stats. 1986, Ch. 1039, Sec. 2. ) ## 186.10. (a) Any person who conducts or attempts to conduct a transaction or more than one transaction within a seven-day period involving a monetary instrument or instruments of a total value exceeding five thousand dollars ($5,000), or a total value exceeding twenty-five thousand dollars ($25,000) within a 30-day period, through one or more financial institutions (1) with the specific intent to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, or (2) knowing that the monetary instrument represents the proceeds of, or is derived directly or indirectly from the proceeds of, criminal activity, is guilty of the crime of money laundering. The aggregation periods do not create an obligation for financial institutions to record, report, create, or implement tracking systems or otherwise monitor transactions involving monetary instruments in any time period. In consideration of the constitutional right to counsel afforded by the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, when a case involves an attorney who accepts a fee for representing a client in a criminal investigation or proceeding, the prosecution shall additionally be required to prove that the monetary instrument was accepted by the attorney with the intent to disguise or aid in disguising the source of the funds or the nature of the criminal activity. A violation of this section shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170, by a fine of not more than two hundred fifty thousand dollars ($250,000) or twice the value of the property transacted, whichever is greater, or by both that imprisonment and fine. However, for a second or subsequent conviction for a violation of this section, the maximum fine that may be imposed is five hundred thousand dollars ($500,000) or five times the value of the property transacted, whichever is greater. (b) Notwithstanding any other law, for purposes of this section, each individual transaction conducted in excess of five thousand dollars ($5,000), each series of transactions conducted within a seven-day period that total in excess of five thousand dollars ($5,000), or each series of transactions conducted within a 30-day period that total in excess of twenty-five thousand dollars ($25,000), shall constitute a separate, punishable offense. (c) (1) Any person who is punished under subdivision (a) by imprisonment pursuant to subdivision (h) of Section 1170 shall also be subject to an additional term of imprisonment pursuant to subdivision (h) of Section 1170 as follows: (A) If the value of the transaction or transactions exceeds fifty thousand dollars ($50,000) but is less than one hundred fifty thousand dollars ($150,000), the court, in addition to and consecutive to the felony punishment otherwise imposed pursuant to this section, shall impose an additional term of imprisonment of one year. (B) If the value of the transaction or transactions exceeds one hundred fifty thousand dollars ($150,000) but is less than one million dollars ($1,000,000), the court, in addition to and consecutive to the felony punishment otherwise imposed pursuant to this section, shall impose an additional term of imprisonment of two years. (C) If the value of the transaction or transactions exceeds one million dollars ($1,000,000), but is less than two million five hundred thousand dollars ($2,500,000), the court, in addition to and consecutive to the felony punishment otherwise imposed pursuant to this section, shall impose an additional term of imprisonment of three years. (D) If the value of the transaction or transactions exceeds two million five hundred thousand dollars ($2,500,000), the court, in addition to and consecutive to the felony punishment otherwise prescribed by this section, shall impose an additional term of imprisonment of four years. (2) (A) An additional term of imprisonment as provided for in this subdivision shall not be imposed unless the facts of a transaction or transactions, or attempted transaction or transactions, of a value described in paragraph (1), are charged in the accusatory pleading, and are either admitted to by the defendant or are found to be true by the trier of fact. (B) An additional term of imprisonment as provided for in this subdivision may be imposed with respect to an accusatory pleading charging multiple violations of this section, regardless of whether any single violation charged in that pleading involves a transaction or attempted transaction of a value covered by paragraph (1), if the violations charged in that pleading arise from a common scheme or plan and the aggregate value of the alleged transactions or attempted transactions is of a value covered by paragraph (1). (d) All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954. (Amended by Stats. 2011, Ch. 15, Sec. 273. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  167. 186.11.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10.5. Fraud and Embezzlement: Victim Restitution [186.11 - 186.12] ( Chapter 10.5 added by Stats. 1996, Ch. 431, Sec. 2. )

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    This section adds extra prison time, fines, and restitution for related fraud-or-embezzlement felonies involving over $100,000, and it lets prosecutors seek court orders to preserve assets.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10.5. Fraud and Embezzlement: Victim Restitution [186.11 - 186.12] ( Chapter 10.5 added by Stats. 1996, Ch. 431, Sec. 2. ) ## 186.11. (a) (1) Any person who commits two or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than one hundred thousand dollars ($100,000), shall be punished, upon conviction of two or more felonies in a single criminal proceeding, in addition and consecutive to the punishment prescribed for the felony offenses of which he or she has been convicted, by an additional term of imprisonment in the state prison as specified in paragraph (2) or (3). This enhancement shall be known as the aggravated white collar crime enhancement. The aggravated white collar crime enhancement shall only be imposed once in a single criminal proceeding. For purposes of this section, “pattern of related felony conduct” means engaging in at least two felonies that have the same or similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics, and that are not isolated events. For purposes of this section, “two or more related felonies” means felonies committed against two or more separate victims, or against the same victim on two or more separate occasions. (2) If the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than five hundred thousand dollars ($500,000), the additional term of punishment shall be two, three, or five years in the state prison. (3) If the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), the additional term of punishment shall be the term specified in paragraph (1) or (2) of subdivision (a) of Section 12022.6. (b) (1) The additional prison term and penalties provided for in subdivisions (a), (c), and (d) shall not be imposed unless the facts set forth in subdivision (a) are charged in the accusatory pleading and admitted or found to be true by the trier of fact. (2) The additional prison term provided in paragraph (2) of subdivision (a) shall be in addition to any other punishment provided by law, including Section 12022.6, and shall not be limited by any other provision of law. (c) Any person convicted of two or more felonies, as specified in subdivision (a), shall also be liable for a fine not to exceed five hundred thousand dollars ($500,000) or double the value of the taking, whichever is greater, if the existence of facts that would make the person subject to the aggravated white collar crime enhancement have been admitted or found to be true by the trier of fact. However, if the pattern of related felony conduct involves the taking of more than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), the fine shall not exceed one hundred thousand dollars ($100,000) or double the value of the taking, whichever is greater. (d) (1) If a person is alleged to have committed two or more felonies, as specified in subdivision (a), and the aggravated white collar crime enhancement is also charged, or a person is charged in an accusatory pleading with a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000), and an allegation as to the existence of those facts, any asset or property that is in the control of that person, and any asset or property that has been transferred by that person to a third party, subsequent to the commission of any criminal act alleged pursuant to subdivision (a), other than in a bona fide purchase, whether found within or outside the state, may be preserved by the superior court in order to pay restitution and fines. Upon conviction of two or more felonies, as specified in subdivision (a), or a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000), this property may be levied upon by the superior court to pay restitution and fines if the existence of facts that would make the person subject to the aggravated white collar crime enhancement or that demonstrate the taking or loss of more than one hundred thousand dollars ($100,000) in the commission of a felony, a material element of which is fraud or embezzlement, have been charged in the accusatory pleading and admitted or found to be true by the trier of fact. (2) To prevent dissipation or secreting of assets or property, the prosecuting agency may, at the same time as or subsequent to the filing of a complaint or indictment charging two or more felonies, as specified in subdivision (a), and the enhancement specified in subdivision (a), or a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000), and an allegation as to the existence of those facts, file a petition with the criminal division of the superior court of the county in which the accusatory pleading was filed, seeking a temporary restraining order, preliminary injunction, the appointment of a receiver, or any other protective relief necessary to preserve the property or assets. This petition shall commence a proceeding that shall be pendent to the criminal proceeding and maintained solely to affect the criminal remedies provided for in this section. The proceeding shall not be subject to or governed by the provisions of the Civil Discovery Act as set forth in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The petition shall allege that the defendant has been charged with two or more felonies, as specified in subdivision (a), and is subject to the aggravated white collar crime enhancement specified in subdivision (a) or that the defendant has been charged with a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000), and an allegation as to the existence of those facts. The petition shall identify that criminal proceeding and the assets and property to be affected by an order issued pursuant to this section. (3) A notice regarding the petition shall be provided, by personal service or registered mail, to every person who may have an interest in the property specified in the petition. Additionally, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property affected by an order issued pursuant to this section is located. The notice shall state that any interested person may file a verified claim with the superior court stating the nature and amount of their claimed interest. The notice shall set forth the time within which a claim of interest in the protected property is required to be filed. (4) If the property to be preserved is real property, the prosecuting agency shall record, at the time of filing the petition, a lis pendens in each county in which the real property is situated which specifically identifies the property by legal description, the name of the owner of record as shown on the latest equalized assessment roll, and the assessor’s parcel number. (5) If the property to be preserved are assets under the control of a banking or financial institution, the prosecuting agency, at the time of the filing of the petition, may obtain an order from the court directing the banking or financial institution to immediately disclose the account numbers and value of the assets of the accused held by the banking or financial institution. The prosecuting agency shall file a supplemental petition, specifically identifying which banking or financial institution accounts shall be subject to a temporary restraining order, preliminary injunction, or other protective remedy. (6) Any person claiming an interest in the protected property may, at any time within 30 days from the date of the first publication of the notice of the petition, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating the nature and amount of his or her interest in the property or assets. A verified copy of the claim shall be served by the claimant on the Attorney General or district attorney, as appropriate. (7) The imposition of fines and restitution pursuant to this section shall be determined by the superior court in which the underlying criminal offense is sentenced. Any judge who is assigned to the criminal division of the superior court in the county where the petition is filed may issue a temporary restraining order in conjunction with, or subsequent to, the filing of an allegation pursuant to this section. Any subsequent hearing on the petition shall also be heard by a judge assigned to the criminal division of the superior court in the county in which the petition is filed. At the time of the filing of an information or indictment in the underlying criminal case, any subsequent hearing on the petition shall be heard by the superior court judge assigned to the underlying criminal case. (e) Concurrent with or subsequent to the filing of the petition, the prosecuting agency may move the superior court for, and the superior court may issue, the following pendente lite orders to preserve the status quo of the property alleged in the petition: (1) An injunction to restrain any person from transferring, encumbering, hypothecating, or otherwise disposing of that property. (2) Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that the property may be maintained and preserved. The court may order that a receiver appointed pursuant to this section shall be compensated for all reasonable expenditures made or incurred by him or her in connection with the possession, care, management, and operation of any property or assets that are subject to the provisions of this section. (3) A bond or other undertaking, in lieu of other orders, of a value sufficient to ensure the satisfaction of restitution and fines imposed pursuant to this section. (f) (1) No preliminary injunction may be granted or receiver appointed by the court without notice that meets the requirements of paragraph (3) of subdivision (d) to all known and reasonably ascertainable interested parties and upon a hearing to determine that an order is necessary to preserve the property pending the outcome of the criminal proceedings. A temporary restraining order may be issued by the court, ex parte, pending that hearing in conjunction with or subsequent to the filing of the petition upon the application of the prosecuting attorney. The temporary restraining order may be based upon the sworn declaration of a peace officer with personal knowledge of the criminal investigation that establishes probable cause to believe that aggravated white collar crime or a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000) has taken place and that the amount of restitution and fines exceeds or equals the worth of the assets subject to the temporary restraining order. The declaration may include the hearsay statements of witnesses to establish the necessary facts. The temporary restraining order may be issued without notice upon a showing of good cause to the court. (2) The defendant, or a person who has filed a verified claim as provided in paragraph (6) of subdivision (d), shall have the right to have the court conduct an order to show cause hearing within 10 days of the service of the request for hearing upon the prosecuting agency, in order to determine whether the temporary restraining order should remain in effect, whether relief should be granted from any lis pendens recorded pursuant to paragraph (4) of subdivision (d), or whether any existing order should be modified in the interests of justice. Upon a showing of good cause, the hearing shall be held within two days of the service of the request for hearing upon the prosecuting agency. (3) In determining whether to issue a preliminary injunction or temporary restraining order in a proceeding brought by a prosecuting agency in conjunction with or subsequent to the filing of an allegation pursuant to this section, the court has the discretion to consider any matter that it deems reliable and appropriate, including hearsay statements, in order to reach a just and equitable decision. The court shall weigh the relative degree of certainty of the outcome on the merits and the consequences to each of the parties of granting the interim relief. If the prosecution is likely to prevail on the merits and the risk of the dissipation of assets outweighs the potential harm to the defendants and the interested parties, the court shall grant injunctive relief. The court shall give significant weight to the following factors: (A) The public interest in preserving the property or assets pendente lite. (B) The difficulty of preserving the property or assets pendente lite where the underlying alleged crimes involve issues of fraud and moral turpitude. (C) The fact that the requested relief is being sought by a public prosecutor on behalf of alleged victims of white collar crimes. (D) The likelihood that substantial public harm has occurred where aggravated white collar crime is alleged to have been committed. (E) The significant public interest involved in compensating the victims of white collar crime and paying court-imposed restitution and fines. (4) The court, in making its orders, may consider a defendant’s request for the release of a portion of the property affected by this section in order to pay reasonable legal fees in connection with the criminal proceeding, any necessary and appropriate living expenses pending trial and sentencing, and for the purpose of posting bail. The court shall weigh the needs of the public to retain the property against the needs of the defendant to a portion of the property. The court shall consider the factors listed in paragraph (3) prior to making any order releasing property for these purposes. (5) The court, in making its orders, shall seek to protect the interests of any innocent third persons, including an innocent spouse, who were not involved in the commission of any criminal activity. (6) Any petition filed pursuant to this section is part of the criminal proceedings for purposes of appointment of counsel and shall be assigned to the criminal division of the superior court of the county in which the accusatory pleading was filed. (7) Based upon a noticed motion brought by the receiver appointed pursuant to paragraph (2) of subdivision (e), the court may order an interlocutory sale of property named in the petition when the property is liable to perish, to waste, or to be significantly reduced in value, or when the expenses of maintaining the property are disproportionate to the value thereof. The proceeds of the interlocutory sale shall be deposited with the court or as directed by the court pending determination of the proceeding pursuant to this section. (8) The court may make any orders that are necessary to preserve the continuing viability of any lawful business enterprise that is affected by the issuance of a temporary restraining order or preliminary injunction issued pursuant to this action. (9) In making its orders, the court shall seek to prevent any asset subject to a temporary restraining order or preliminary injunction from perishing, spoiling, going to waste, or otherwise being significantly reduced in value. Where the potential for diminution in value exists, the court shall appoint a receiver to dispose of or otherwise protect the value of the property or asset. (10) A preservation order shall not be issued against any assets of a business that are not likely to be dissipated and that may be subject to levy or attachment to meet the purposes of this section. (g) If the allegation that the defendant is subject to the aggravated white collar crime enhancement or has committed a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000) is dismissed or found by the trier of fact to be untrue, any preliminary injunction or temporary restraining order issued pursuant to this section shall be dissolved. If a jury is the trier of fact, and the jury is unable to reach a unanimous verdict, the court shall have the discretion to continue or dissolve all or a portion of the preliminary injunction or temporary restraining order based upon the interests of justice. However, if the prosecuting agency elects not to retry the case, any preliminary injunction or temporary restraining order issued pursuant to this section shall be dissolved. (h) (1) (A) If the defendant is convicted of two or more felonies, as specified in subdivision (a), and the existence of facts that would make the person subject to the aggravated white collar crime enhancement have been admitted or found to be true by the trier of fact, or the defendant is convicted of a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000), and an allegation as to the existence of those facts has been admitted or found to be true by the trier of fact, the trial judge shall continue the preliminary injunction or temporary restraining order until the date of the criminal sentencing and shall make a finding at that time as to what portion, if any, of the property or assets subject to the preliminary injunction or temporary restraining order shall be levied upon to pay fines and restitution to victims of the crime. The order imposing fines and restitution may exceed the total worth of the property or assets subjected to the preliminary injunction or temporary restraining order. The court may order the immediate transfer of the property or assets to satisfy any judgment and sentence made pursuant to this section. Additionally, upon motion of the prosecution, the court may enter an order as part of the judgment and sentence making the order imposing fines and restitution pursuant to this section enforceable pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (B) Additionally, the court shall order the defendant to make full restitution to the victim. The payment of the restitution ordered by the court pursuant to this section shall be made a condition of any probation granted by the court if the existence of facts that would make the defendant subject to the aggravated white collar crime enhancement or of facts demonstrating the person committed a felony, a material element of which is fraud or embezzlement, that involves the taking or loss of more than one hundred thousand dollars ($100,000) have been admitted or found to be true by the trier of fact. Notwithstanding any other provision of law, the court may order that the period of probation continue for up to 10 years or until full restitution is made to the victim, whichever is earlier. (C) The sentencing court shall retain jurisdiction to enforce the order to pay additional fines and restitution and, in appropriate cases, may initiate probation violation proceedings or contempt of court proceedings against a defendant who is found to have willfully failed to comply with any lawful order of the court. (D) If the execution of judgment is stayed pending an appeal of an order of the superior court pursuant to this section, the preliminary injunction or temporary restraining order shall be maintained in full force and effect during the pendency of the appellate period. (2) The order imposing fines and restitution shall not affect the interest in real property of any third party that was acquired prior to the recording of the lis pendens, unless the property was obtained from the defendant other than as a bona fide purchaser for value. If any assets or property affected by this section are subject to a valid lien, mortgage, security interest, or interest under a conditional sales contract and the amount due to the holder of the lien, mortgage, interest, or contract is less than the appraised value of the property, that person may pay to the state or the local government that initiated the proceeding the amount of the difference between the appraised value of the property and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon that payment, the state or local entity shall relinquish all claims to the property. If the holder of the interest elects not to make that payment to the state or local governmental entity, the interest in the property shall be deemed transferred to the state or local governmental entity and any indicia of ownership of the property shall be confirmed in the state or local governmental entity. The appraised value shall be determined as of the date judgment is entered either by agreement between the holder of the lien, mortgage, security interest, or interest under a conditional sales contract and the governmental entity involved, or, if they cannot agree, then by a court-appointed appraiser for the county in which the action is brought. A person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract shall be paid the appraised value of his or her interest. (3) In making its final order, the court shall seek to protect the legitimately acquired interests of any innocent third persons, including an innocent spouse, who were not involved in the commission of any criminal activity. (i) In all cases where property is to be levied upon pursuant to this section, a receiver appointed by the court shall be empowered to liquidate all property or assets which shall be distributed in the following order of priority: (1) To the receiver, or court-appointed appraiser, for all reasonable expenditures made or incurred by him or her in connection with the sale of the property or liquidation of assets, including all reasonable expenditures for any necessary repairs, storage, or transportation of any property levied upon under this section. (2) To any holder of a valid lien, mortgage, or security interest up to the amount of his or her interest in the property or proceeds. (3) To any victim as restitution for any fraudulent or unlawful acts alleged in the accusatory pleading that were proven by the prosecuting agency as part of the pattern of fraudulent or unlawful acts. (4) For payment of any fine imposed pursuant to this section. The proceeds obtained in payment of a fine shall be paid to the treasurer of the county in which the judgment was entered, or if the action was undertaken by the Attorney General, to the Treasurer. If the payment of any fine imposed pursuant to this section involved losses resulting from violation of Section 550 of this code or Section 1871.4 of the Insurance Code, one-half of the fine collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half of the fine collected shall be paid to the Department of Insurance for deposit in the appropriate account in the Insurance Fund. The proceeds from the fine first shall be used by a county to reimburse local prosecutors and enforcement agencies for the reasonable costs of investigation and prosecution of cases brought pursuant to this section. (5) To the Restitution Fund, or in cases involving convictions relating to insurance fraud, to the Insurance Fund as restitution for crimes not specifically pleaded and proven in the accusatory pleading. (j) If, after distribution pursuant to paragraphs (1) and (2) of subdivision (i), the value of the property to be levied upon pursuant to this section is insufficient to pay for restitution and fines, the court shall order an equitable sharing of the proceeds of the liquidation of the property, and any other recoveries, which shall specify the percentage of recoveries to be devoted to each purpose. At least 70 percent of the proceeds remaining after distribution pursuant to paragraphs (1) and (2) of subdivision (i) shall be devoted to restitution. (k) Unless otherwise expressly provided, the remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state, except that two separate actions against the same defendant and pertaining to the same fraudulent or unlawful acts may not be brought by a district attorney or the Attorney General pursuant to this section and Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. If a fine is imposed under this section, it shall be in lieu of all other fines that may be imposed pursuant to any other provision of law for the crimes for which the defendant has been convicted in the action. (Amended by Stats. 2016, Ch. 37, Sec. 1. (AB 2295) Effective January 1, 2017.)
  168. 186.12.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10.5. Fraud and Embezzlement: Victim Restitution [186.11 - 186.12] ( Chapter 10.5 added by Stats. 1996, Ch. 431, Sec. 2. )

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    This section lets prosecutors seek court orders to preserve property for restitution in certain felony cases, and it requires courts to order full victim restitution upon conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10.5. Fraud and Embezzlement: Victim Restitution [186.11 - 186.12] ( Chapter 10.5 added by Stats. 1996, Ch. 431, Sec. 2. ) ## 186.12. (a) (1) A felony for purposes of this section means a felony violation of subdivision (d) or (e) of Section 368, or a felony violation of subdivision (c) of Section 15656 of the Welfare and Institutions Code, that involves the taking or loss of more than one hundred thousand dollars ($100,000). (2) If a person is charged with a felony as described in paragraph (1) and an allegation as to the existence of those facts has been made, any property that is in the control of that person, and any property that has been transferred by that person to a third party, subsequent to the commission of any criminal act alleged pursuant to this subdivision, other than in a bona fide purchase, whether found within or outside the state, may be preserved by the superior court in order to pay restitution imposed pursuant to this section. Upon conviction of the felony, this property may be levied upon by the superior court to pay restitution imposed pursuant to this section. (b) (1) To prevent dissipation or secreting of property, the prosecuting agency may, at the same time as or subsequent to the filing of a complaint or indictment charging a felony subject to this section, file a petition with the criminal division of the superior court of the county in which the accusatory pleading was filed, seeking a temporary restraining order, preliminary injunction, the appointment of a receiver, or any other protective relief necessary to preserve the property. The filing of the petition shall commence a proceeding that shall be pendent to the criminal proceeding and maintained solely to affect the criminal remedies provided for in this section. The proceeding shall not be subject to or governed by the provisions of the Civil Discovery Act as set forth in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The petition shall allege that the defendant has been charged with a felony as described in paragraph (1) of subdivision (a) and shall identify that criminal proceeding and the property to be affected by an order issued pursuant to this section. (2) A notice regarding the petition shall be provided, by personal service or registered mail, to every person who may have an interest in the property specified in the petition. Additionally, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property affected by an order issued pursuant to this section is located. The notice shall state that any interested person may file a verified claim with the superior court stating the nature and amount of their claimed interest. The notice shall set forth the time within which a claim of interest in the protected property is required to be filed. (3) If the property to be preserved is real property, the prosecuting agency shall record, at the time of filing the petition, a lis pendens in each county in which the real property is situated which specifically identifies the property by legal description, the name of the owner of record as shown on the latest equalized assessment roll, and the assessor’s parcel number. (4) If the property to be preserved are assets under the control of a banking or financial institution, the prosecuting agency, at the time of the filing of the petition, may obtain an order from the court directing the banking or financial institution to immediately disclose the account numbers and value of the assets of the accused held by the banking or financial institution. The prosecuting agency shall file a supplemental petition, specifically identifying which banking or financial institution accounts shall be subject to a temporary restraining order, preliminary injunction, or other protective remedy. (5) Any person claiming an interest in the protected property may, at any time within 30 days from the date of the first publication of the notice of the petition, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating the nature and amount of his or her interest in the property. A verified copy of the claim shall be served by the claimant on the Attorney General or district attorney, as appropriate. (6) The imposition of restitution pursuant to this section shall be determined by the superior court in which the underlying criminal offense is sentenced. Any judge who is assigned to the criminal division of the superior court in the county where the petition is filed may issue a temporary restraining order in conjunction with, or subsequent to, the filing of an allegation pursuant to this section. Any subsequent hearing on the petition shall also be heard by a judge assigned to the criminal division of the superior court in the county in which the petition is filed. At the time of the filing of an information or indictment in the underlying criminal case, any subsequent hearing on the petition shall be heard by the superior court judge assigned to the underlying criminal case. (c) Concurrent with or subsequent to the filing of the petition pursuant to this section, the prosecuting agency may move the superior court for, and the superior court may issue, the following pendente lite orders to preserve the status quo of the property identified in the petition: (1) An injunction to restrain any person from transferring, encumbering, hypothecating, or otherwise disposing of that property. (2) Appointment of a receiver to take possession of, care for, manage, and operate the properties so that the property may be maintained and preserved. The court may order that a receiver appointed pursuant to this section shall be compensated for all reasonable expenditures made or incurred by him or her in connection with the possession, care, management, and operation of any property that is subject to this section. (3) A bond or other undertaking, in lieu of other orders, of a value sufficient to ensure the satisfaction of restitution imposed pursuant to this section. (d) (1) No preliminary injunction may be granted or receiver appointed by the court without notice that meets the requirements of paragraph (2) of subdivision (b) to all known and reasonably ascertainable interested parties and upon a hearing to determine that an order is necessary to preserve the property pending the outcome of the criminal proceedings. A temporary restraining order may be issued by the court, ex parte, pending that hearing in conjunction with or subsequent to the filing of the petition upon the application of the prosecuting attorney. The temporary restraining order may be based upon the sworn declaration of a peace officer with personal knowledge of the criminal investigation that establishes probable cause to believe that a felony has taken place and that the amount of restitution established by this section exceeds or equals the worth of the property subject to the temporary restraining order. The declaration may include the hearsay statements of witnesses to establish the necessary facts. The temporary restraining order may be issued without notice upon a showing of good cause to the court. (2) The defendant, or a person who has filed a verified claim as provided in paragraph (5) of subdivision (b), shall have the right to have the court conduct an order to show cause hearing within 10 days of the service of the request for hearing upon the prosecuting agency, in order to determine whether the temporary restraining order should remain in effect, whether relief should be granted from any lis pendens recorded pursuant to paragraph (3) of subdivision (b), or whether any existing order should be modified in the interests of justice. Upon a showing of good cause, the hearing shall be held within two days of the service of the request for hearing upon the prosecuting agency. (3) In determining whether to issue a preliminary injunction or temporary restraining order in a proceeding brought by a prosecuting agency in conjunction with or subsequent to the filing of an allegation pursuant to this section, the court has the discretion to consider any matter that it deems reliable and appropriate, including hearsay statements, in order to reach a just and equitable decision. The court shall weigh the relative degree of certainty of the outcome on the merits and the consequences to each of the parties of granting the interim relief. If the prosecution is likely to prevail on the merits and the risk of dissipation of the property outweighs the potential harm to the defendants and the interested parties, the court shall grant injunctive relief. The court shall give significant weight to the following factors: (A) The public interest in preserving the property pendente lite. (B) The difficulty of preserving the property pendente lite where the underlying alleged crimes involve issues of fraud and moral turpitude. (C) The fact that the requested relief is being sought by a public prosecutor on behalf of alleged victims of elder or dependent adult financial abuse. (D) The likelihood that substantial public harm has occurred where a felony is alleged to have been committed. (E) The significant public interest involved in compensating the elder or dependent adult victim of financial abuse and paying court-imposed restitution. (4) The court, in making its orders, may consider a defendant’s request for the release of a portion of the property affected by this section in order to pay reasonable legal fees in connection with the criminal proceeding, any necessary and appropriate living expenses pending trial and sentencing, and for the purpose of posting bail. The court shall weigh the needs of the public to retain the property against the needs of the defendant to a portion of the property. The court shall consider the factors listed in paragraph (3) prior to making any order releasing property for these purposes. (5) The court, in making its orders, shall seek to protect the interests of any innocent third persons, including an innocent spouse, who were not involved in the commission of any criminal activity. (6) Any petition filed pursuant to this section shall be part of the criminal proceedings for purposes of appointment of counsel and shall be assigned to the criminal division of the superior court of the county in which the accusatory pleading was filed. (7) Based upon a noticed motion brought by the receiver appointed pursuant to paragraph (2) of subdivision (c), the court may order an interlocutory sale of property identified in the petition when the property is liable to perish, to waste, or to be significantly reduced in value, or when the expenses of maintaining the property are disproportionate to the value thereof. The proceeds of the interlocutory sale shall be deposited with the court or as directed by the court pending determination of the proceeding pursuant to this section. (8) The court may make any orders that are necessary to preserve the continuing viability of any lawful business enterprise that is affected by the issuance of a temporary restraining order or preliminary injunction issued pursuant to this action. (9) In making its orders, the court shall seek to prevent any property subject to a temporary restraining order or preliminary injunction from perishing, spoiling, going to waste, or otherwise being significantly reduced in value. Where the potential for diminution in value exists, the court shall appoint a receiver to dispose of or otherwise protect the value of the property. (10) A preservation order shall not be issued against any assets of a business that are not likely to be dissipated and that may be subject to levy or attachment to meet the purposes of this section. (e) If the allegation that the defendant committed a felony subject to this section is dismissed or found by the trier of fact to be untrue, any preliminary injunction or temporary restraining order issued pursuant to this section shall be dissolved. If a jury is the trier of fact, and the jury is unable to reach a unanimous verdict, the court shall have the discretion to continue or dissolve all or a portion of the preliminary injunction or temporary restraining order based upon the interests of justice. However, if the prosecuting agency elects not to retry the case, any preliminary injunction or temporary restraining order issued pursuant to this section shall be dissolved. (f) (1) (A) If the defendant is convicted of a felony subject to this section, the trial judge shall continue the preliminary injunction or temporary restraining order until the date of the criminal sentencing and shall make a finding at that time as to what portion, if any, of the property subject to the preliminary injunction or temporary restraining order shall be levied upon to pay restitution to victims of the crime. The order imposing restitution may exceed the total worth of the property subjected to the preliminary injunction or temporary restraining order. The court may order the immediate transfer of the property to satisfy any judgment and sentence made pursuant to this section. Additionally, upon motion of the prosecution, the court may enter an order as part of the judgment and sentence making the order imposing restitution pursuant to this section enforceable pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (B) Additionally, the court shall order the defendant to make full restitution to the victim. The payment of the restitution ordered by the court pursuant to this section shall be made a condition of any probation granted by the court. Notwithstanding any other provision of law, the court may order that the period of probation continue for up to 10 years or until full restitution is made to the victim, whichever is earlier. (C) The sentencing court shall retain jurisdiction to enforce the order to pay additional restitution and, in appropriate cases, may initiate probation violation proceedings or contempt of court proceedings against a defendant who is found to have willfully failed to comply with any lawful order of the court. (D) If the execution of judgment is stayed pending an appeal of an order of the superior court pursuant to this section, the preliminary injunction or temporary restraining order shall be maintained in full force and effect during the pendency of the appellate period. (2) The order imposing restitution shall not affect the interest in real property of any third party that was acquired prior to the recording of the lis pendens, unless the property was obtained from the defendant other than as a bona fide purchaser for value. If any assets or property affected by this section are subject to a valid lien, mortgage, security interest, or interest under a conditional sales contract and the amount due to the holder of the lien, mortgage, interest, or contract is less than the appraised value of the property, that person may pay to the state or the local government that initiated the proceeding the amount of the difference between the appraised value of the property and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon that payment, the state or local entity shall relinquish all claims to the property. If the holder of the interest elects not to make that payment to the state or local governmental entity, the interest in the property shall be deemed transferred to the state or local governmental entity and any indicia of ownership of the property shall be confirmed in the state or local governmental entity. The appraised value shall be determined as of the date judgment is entered either by agreement between the holder of the lien, mortgage, security interest, or interest under a conditional sales contract and the governmental entity involved, or if they cannot agree, then by a court-appointed appraiser for the county in which the action is brought. A person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract shall be paid the appraised value of his or her interest. (3) In making its final order, the court shall seek to protect the legitimately acquired interests of any innocent third persons, including an innocent spouse, who were not involved in the commission of any criminal activity. (g) In all cases where property is to be levied upon pursuant to this section, a receiver appointed by the court shall be empowered to liquidate all property, the proceeds of which shall be distributed in the following order of priority: (1) To the receiver, or court-appointed appraiser, for all reasonable expenditures made or incurred by him or her in connection with the sale or liquidation of the property, including all reasonable expenditures for any necessary repairs, storage, or transportation of any property levied upon under this section. (2) To any holder of a valid lien, mortgage, or security interest up to the amount of his or her interest in the property or proceeds. (3) To any victim as restitution for any fraudulent or unlawful acts alleged in the accusatory pleading that were proven by the prosecuting agency as part of the pattern of fraudulent or unlawful acts. (h) Unless otherwise expressly provided, the remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state, except that two separate actions against the same defendant and pertaining to the same fraudulent or unlawful acts may not be brought by a district attorney or the Attorney General pursuant to this section and Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (Amended by Stats. 2016, Ch. 37, Sec. 2. (AB 2295) Effective January 1, 2017.)
  169. 186.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    This section defines key terms used for criminal profiteering cases, including what counts as criminal profiteering activity, a pattern of that activity, a prosecuting agency, organized crime, and an underlying offense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.2. For purposes of this chapter, the following definitions apply: (a) “Criminal profiteering activity” means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections: (1) Arson, as defined in Section 451. (2) Bribery, as defined in Sections 67, 67.5, and 68. (3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony. (4) Felonious assault, as defined in Section 245. (5) Embezzlement, as defined in Sections 424 and 503. (6) Extortion, as defined in Section 518. (7) Forgery, as defined in Section 470. (8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor. (9) Kidnapping, as defined in Section 207. (10) Mayhem, as defined in Section 203. (11) Murder, as defined in Section 187. (12) Pimping and pandering, as defined in Section 266. (13) Receiving stolen property, as defined in Section 496. (14) Robbery, as defined in Section 211. (15) Solicitation of crimes, as defined in Section 653f. (16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a. (17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code. (18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code. (19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony. (20) Presentation of a false or fraudulent claim, as defined in Section 550. (21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code. (22) Money laundering, as defined in Section 186.10. (23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w. (24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502. (25) Conspiracy to commit any of the crimes listed above, as defined in Section 182. (26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22. (27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code). (28) Human trafficking, as defined in Section 236.1. (29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person. (30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person. (31) Theft of personal identifying information, as defined in Section 530.5. (32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code. (33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a. (34) (A) Offenses relating to insurance fraud as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code. (B) Fraud offenses relating to COVID-19 pandemic-related insurance programs administered by the Employment Development Department. For the purposes of this subparagraph, “fraud offenses” includes the offenses specified in subparagraph (A). (b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements: (A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics. (B) Are not isolated events. (C) Were committed as a criminal activity of organized crime. (2) Acts that would constitute a “pattern of criminal profiteering activity” shall not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act shall not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal. (c) “Prosecuting agency” means the Attorney General or the district attorney of any county. (d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5. (e) “Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted. (Amended by Stats. 2022, Ch. 950, Sec. 1. (AB 1637) Effective September 30, 2022.)
  170. 186.20.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This chapter is known and may be cited as the California Street Terrorism Enforcement and Prevention Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.20. This chapter shall be known and may be cited as the “California Street Terrorism Enforcement and Prevention Act.” (Added by Stats. 1988, Ch. 1256, Sec. 1. Effective September 26, 1988.)
  171. 186.21.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This section states that every person has a right to be secure from fear, intimidation, and physical harm caused by violent groups, while saying the chapter is not intended to interfere with protected freedom of expression and association.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.21. The Legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, gender identity, gender expression, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The Legislature hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. The Legislature, however, further finds that the State of California is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The Legislature finds that there are nearly 600 criminal street gangs operating in California, and that the number of gang-related murders is increasing. The Legislature also finds that in Los Angeles County alone there were 328 gang-related murders in 1986, and that gang homicides in 1987 have increased 80 percent over 1986. It is the intent of the Legislature in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The Legislature further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs. (Amended by Stats. 2011, Ch. 719, Sec. 30. (AB 887) Effective January 1, 2012.)
  172. 186.22.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This section criminalizes active gang participation with knowledge of gang activity and punishes gang-related felony or misdemeanor conduct with specified jail, prison, enhancement, life-term, and parole consequences.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.22. (a) A person who actively participates in a criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years. (b) (1) Except as provided in paragraphs (4) and (5), a person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the person has been convicted, be punished as follows: (A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court’s discretion. (B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years. (C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years. (2) If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1). (3) The court shall order the imposition of the middle term of the sentence enhancement, unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its choice of sentencing enhancements on the record at the time of the sentencing. (4) A person who is convicted of a felony enumerated in this paragraph committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall, upon conviction of that felony, be sentenced to an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of: (A) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 3046, if the felony is any of the offenses enumerated in subparagraph (B) or (C) of this paragraph. (B) Imprisonment in the state prison for 15 years, if the felony is a home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213; carjacking, as defined in Section 215; a felony violation of Section 246; or a violation of Section 12022.55. (C) Imprisonment in the state prison for seven years, if the felony is extortion, as defined in Section 519; or threats to victims and witnesses, as defined in Section 136.1. (5) Except as provided in paragraph (4), a person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served. (c) If the court grants probation or suspends the execution of sentence imposed upon the defendant for a violation of subdivision (a), or in cases involving a true finding of the enhancement enumerated in subdivision (b), the court shall require that the defendant serve a minimum of 180 days in a county jail as a condition thereof. (d) A person who is convicted of a public offense, punishable as a felony or a misdemeanor, that is committed for the benefit of, at the direction of, or in association with, a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in a state prison for one, two, or three years, provided that a person sentenced to imprisonment in the county jail shall be imprisoned for a period not to exceed one year, but not less than 180 days, and shall not be eligible for release upon completion of sentence, parole, or any other basis, until the person has served 180 days. If the court grants probation or suspends the execution of sentence imposed upon the defendant, it shall require as a condition thereof that the defendant serve 180 days in a county jail. (e) (1) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational: (A) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245. (B) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8. (C) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8. (D) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance as defined in Section 11007 of the Health and Safety Code. (E) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246. (F) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034 until January 1, 2012, and, on or after that date, subdivisions (a) and (b) of Section 26100. (G) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13. (H) The intimidation of witnesses and victims, as defined in Section 136.1. (I) Grand theft, as defined in subdivision (a) or (c) of Section 487. (J) Grand theft of any firearm, vehicle, trailer, or vessel. (K) Burglary, as defined in Section 459. (L) Rape, as defined in Section 261. (M) Money laundering, as defined in Section 186.10. (N) Kidnapping, as defined in Section 207. (O) Mayhem, as defined in Section 203. (P) Aggravated mayhem, as defined in Section 205. (Q) Torture, as defined in Section 206. (R) Felony extortion, as defined in Sections 518 and 520. (S) Carjacking, as defined in Section 215. (T) The sale, delivery, or transfer of a firearm, as defined in Section 12072 until January 1, 2012, and, on or after that date, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6. (U) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101 until January 1, 2012, and, on or after that date, Section 29610. (V) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422. (W) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code. (X) Prohibited possession of a firearm in violation of Section 12021 until January 1, 2012, and, on or after that date, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. (Y) Carrying a concealed firearm in violation of Section 12025 until January 1, 2012, and, on or after that date, Section 25400. (Z) Carrying a loaded firearm in violation of Section 12031 until January 1, 2012, and, on or after that date, Section 25850. (2) The currently charged offense shall not be used to establish the pattern of criminal gang activity. (f) As used in this chapter, “criminal street gang” means an ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity. (g) As used in this chapter, to benefit, promote, further, or assist means to provide a common benefit to members of a gang where the common benefit is more than reputational. Examples of a common benefit that are more than reputational may include, but are not limited to, financial gain or motivation, retaliation, targeting a perceived or actual gang rival, or intimidation or silencing of a potential current or previous witness or informant. (h) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (i) Notwithstanding any other law, for each person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a conviction pursuant to subdivision (a) or (b) of this section, the offense shall be deemed one for which the state shall pay the rate of 100 percent of the per capita institutional cost of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, pursuant to former Section 912.5 of the Welfare and Institutions Code. (j) In order to secure a conviction or sustain a juvenile petition, pursuant to subdivision (a) it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of their time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. Active participation in the criminal street gang is all that is required. (k) This section shall become operative on January 1, 2023. (Amended (as amended by Stats. 2017, Ch. 561, Sec. 179) by Stats. 2021, Ch. 699, Sec. 4. (AB 333) Effective January 1, 2022. Section operative January 1, 2023, by its own provisions.)
  173. 186.22a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    Buildings or places used by criminal street gangs for certain crimes are a nuisance and may be enjoined or abated; the section also limits injunctions, requires notice before suit, and sets rules for confiscating certain weapons.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.22a. (a) Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in subdivision (e) of Section 186.22 or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. (b) Any action for injunction or abatement filed pursuant to subdivision (a), including an action filed by the Attorney General, shall proceed according to the provisions of Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, except that all of the following shall apply: (1) The court shall not assess a civil penalty against any person unless that person knew or should have known of the unlawful acts. (2) No order of eviction or closure may be entered. (3) All injunctions issued shall be limited to those necessary to protect the health and safety of the residents or the public or those necessary to prevent further criminal activity. (4) Suit may not be filed until 30-day notice of the unlawful use or criminal conduct has been provided to the owner by mail, return receipt requested, postage prepaid, to the last known address. (c) Whenever an injunction is issued pursuant to subdivision (a), or Section 3479 of the Civil Code, to abate gang activity constituting a nuisance, the Attorney General or any district attorney or any prosecuting city attorney may maintain an action for money damages on behalf of the community or neighborhood injured by that nuisance. Any money damages awarded shall be paid by or collected from assets of the criminal street gang or its members. Only members of the criminal street gang who created, maintained, or contributed to the creation or maintenance of the nuisance shall be personally liable for the payment of the damages awarded. In a civil action for damages brought pursuant to this subdivision, the Attorney General, district attorney, or city attorney may use, but is not limited to the use of, the testimony of experts to establish damages suffered by the community or neighborhood injured by the nuisance. The damages recovered pursuant to this subdivision shall be deposited into a separate segregated fund for payment to the governing body of the city or county in whose political subdivision the community or neighborhood is located, and that governing body shall use those assets solely for the benefit of the community or neighborhood that has been injured by the nuisance. (d) No nonprofit or charitable organization which is conducting its affairs with ordinary care or skill, and no governmental entity, shall be abated pursuant to subdivisions (a) and (b). (e) Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law. (f) (1) Any firearm, ammunition which may be used with the firearm, or any deadly or dangerous weapon which is owned or possessed by a member of a criminal street gang for the purpose of the commission of any of the offenses listed in subdivision (e) of Section 186.22, or the commission of any burglary or rape, may be confiscated by any law enforcement agency or peace officer. (2) In those cases where a law enforcement agency believes that the return of the firearm, ammunition, or deadly weapon confiscated pursuant to this subdivision, is or will be used in criminal street gang activity or that the return of the item would be likely to result in endangering the safety of others, the law enforcement agency shall initiate a petition in the superior court to determine if the item confiscated should be returned or declared a nuisance. (3) No firearm, ammunition, or deadly weapon shall be sold or destroyed unless reasonable notice is given to its lawful owner if his or her identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner, at that person’s last known address by registered mail, that he or she has 30 days from the date of receipt of the notice to respond to the court clerk to confirm his or her desire for a hearing and that the failure to respond shall result in a default order forfeiting the confiscated firearm, ammunition, or deadly weapon as a nuisance. (4) If the person requests a hearing, the court clerk shall set a hearing no later than 30 days from receipt of that request. The court clerk shall notify the person, the law enforcement agency involved, and the district attorney of the date, time, and place of the hearing. (5) At the hearing, the burden of proof is upon the law enforcement agency or peace officer to show by a preponderance of the evidence that the seized item is or will be used in criminal street gang activity or that return of the item would be likely to result in endangering the safety of others. All returns of firearms shall be subject to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6. (6) If the person does not request a hearing within 30 days of the notice or the lawful owner cannot be ascertained, the law enforcement agency may file a petition that the confiscated firearm, ammunition, or deadly weapon be declared a nuisance. If the items are declared to be a nuisance, the law enforcement agency shall dispose of the items as provided in Sections 18000 and 18005. (Amended by Stats. 2010, Ch. 178, Sec. 50. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  174. 186.23.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This chapter does not apply to employees engaged in concerted activities for their mutual aid and protection, or to labor organizations and their members or agents.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.23. This chapter does not apply to employees engaged in concerted activities for their mutual aid and protection, or the activities of labor organizations or their members or agents. (Added by Stats. 1988, Ch. 1256, Sec. 1. Effective September 26, 1988.)
  175. 186.24.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    If part of this chapter is found invalid, the rest still remains in effect.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.24. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable. (Added by Stats. 1988, Ch. 1256, Sec. 1. Effective September 26, 1988.)
  176. 186.25.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    A local governing body may adopt and enforce gang-related laws that are consistent with this chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.25. Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to gangs and gang violence. Where local laws duplicate or supplement this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field. (Added by Stats. 1988, Ch. 1256, Sec. 1. Effective September 26, 1988.)
  177. 186.26.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This section makes it a crime to recruit, solicit, threaten, or use violence to get someone to join or stay in a criminal street gang, with extra prison time if the person is a minor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.26. (a) Any person who solicits or recruits another to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, with the intent that the person solicited or recruited participate in a pattern of criminal street gang activity, as defined in subdivision (e) of Section 186.22, or with the intent that the person solicited or recruited promote, further, or assist in any felonious conduct by members of the criminal street gang, shall be punished by imprisonment in the state prison for 16 months, or two or three years. (b) Any person who threatens another person with physical violence on two or more separate occasions within any 30-day period with the intent to coerce, induce, or solicit any person to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, shall be punished by imprisonment in the state prison for two, three, or four years. (c) Any person who uses physical violence to coerce, induce, or solicit another person to actively participate in any criminal street gang, as defined in subdivision (f) of Section 186.22, or to prevent the person from leaving a criminal street gang, shall be punished by imprisonment in the state prison for three, four, or five years. (d) If the person solicited, recruited, coerced, or threatened pursuant to subdivision (a), (b), or (c) is a minor, an additional term of three years shall be imposed in addition and consecutive to the penalty prescribed for a violation of any of these subdivisions. (e) Nothing in this section shall be construed to limit prosecution under any other provision of law. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 8. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Note: This section was repealed and added on March 7, 2000, by initiative Prop. 21.)
  178. 186.28.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    A person, corporation, or firm that knowingly gives, sells, or transfers a firearm to someone in these gang-related felony circumstances can be punished.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.28. (a) Any person, corporation, or firm who shall knowingly supply, sell, or give possession or control of any firearm to another shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment if all of the following apply: (1) The person, corporation, or firm has actual knowledge that the person will use the firearm to commit a felony described in subdivision (e) of Section 186.22, while actively participating in any criminal street gang, as defined in subdivision (f) of Section 186.22, the members of which engage in a pattern of criminal activity, as defined in subdivision (e) of Section 186.22. (2) The firearm is used to commit the felony. (3) A conviction for the felony violation under subdivision (e) of Section 186.22 has first been obtained of the person to whom the firearm was supplied, sold, or given possession or control pursuant to this section. (b) This section shall only be applicable where the person is not convicted as a principal to the felony offense committed by the person to whom the firearm was supplied, sold, or given possession or control pursuant to this section. (Amended by Stats. 2011, Ch. 15, Sec. 278. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  179. 186.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    Certain assets connected to a pattern of criminal profiteering activity can be forfeited after conviction of the underlying offense and proof under Section 186.5(d).

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.3. (a) In any case in which a person is alleged to have been engaged in a pattern of criminal profiteering activity, upon a conviction of the underlying offense, the assets listed in subdivisions (b) and (c) shall be subject to forfeiture upon proof of the provisions of subdivision (d) of Section 186.5. (b) Any property interest whether tangible or intangible, acquired through a pattern of criminal profiteering activity. (c) All proceeds of a pattern of criminal profiteering activity, which property shall include all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. (Added by Stats. 1982, Ch. 1281, Sec. 1.)
  180. 186.30.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    Certain covered persons must register with local police or the county sheriff within 10 days of release from custody or arrival to live there, whichever happens first.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.30. (a) Any person described in subdivision (b) shall register with the chief of police of the city in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area, within 10 days of release from custody or within 10 days of his or her arrival in any city, county, or city and county to reside there, whichever occurs first. (b) Subdivision (a) shall apply to any person convicted in a criminal court or who has had a petition sustained in a juvenile court in this state for any of the following offenses: (1) Subdivision (a) of Section 186.22. (2) Any crime where the enhancement specified in subdivision (b) of Section 186.22 is found to be true. (3) Any crime that the court finds is gang related at the time of sentencing or disposition. (Added March 7, 2000, by initiative Proposition 21, Sec. 7.)
  181. 186.31.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    The court must tell certain people about their duty to register, note that warning in the minute order, send the minute order to the relevant law enforcement agency, and the assigned parole or probation officer must verify compliance.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.31. At the time of sentencing in adult court, or at the time of the dispositional hearing in the juvenile court, the court shall inform any person subject to Section 186.30 of his or her duty to register pursuant to that section. This advisement shall be noted in the court minute order. The court clerk shall send a copy of the minute order to the law enforcement agency with jurisdiction for the last known address of the person subject to registration under Section 186.30. The parole officer or the probation officer assigned to that person shall verify that he or she has complied with the registration requirements of Section 186.30. (Added March 7, 2000, by initiative Proposition 21, Sec. 8.)
  182. 186.32.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This section sets out what juvenile and adult gang-registration filings must include, requires address-update reporting within 10 days, and makes the registration duties end five years after the last required registration.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.32. (a) The registration required by Section 186.30 shall consist of the following: (1) Juvenile registration shall include the following: (A) The juvenile shall appear at the law enforcement agency with a parent or guardian. (B) The law enforcement agency shall serve the juvenile and the parent with a California Street Terrorism Enforcement and Prevention Act notification which shall include, where applicable, that the juvenile belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in subdivision (e) of Section 186.22. (C) A written statement signed by the juvenile, giving any information that may be required by the law enforcement agency, shall be submitted to the law enforcement agency. (D) The fingerprints and current photograph of the juvenile shall be submitted to the law enforcement agency. (2) Adult registration shall include the following: (A) The adult shall appear at the law enforcement agency. (B) The law enforcement agency shall serve the adult with a California Street Terrorism Enforcement and Prevention Act notification which shall include, where applicable, that the adult belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in subdivision (e) of Section 186.22. (C) A written statement, signed by the adult, giving any information that may be required by the law enforcement agency, shall be submitted to the law enforcement agency. (D) The fingerprints and current photograph of the adult shall be submitted to the law enforcement agency. (b) Within 10 days of changing his or her residence address, any person subject to Section 186.30 shall inform, in writing, the law enforcement agency with whom he or she last registered of his or her new address. If his or her new residence address is located within the jurisdiction of a law enforcement agency other than the agency where he or she last registered, he or she shall register with the new law enforcement agency, in writing, within 10 days of the change of residence. (c) All registration requirements set forth in this article shall terminate five years after the last imposition of a registration requirement pursuant to Section 186.30. (d) The statements, photographs and fingerprints required under this section shall not be open to inspection by any person other than a regularly employed peace or other law enforcement officer. (e) Nothing in this section or Section 186.30 or 186.31 shall preclude a court in its discretion from imposing the registration requirements as set forth in those sections in a gang-related crime. (Added March 7, 2000, by initiative Proposition 21, Sec. 9.)
  183. 186.33.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    People covered by Section 186.30 who knowingly violate its rules commit a misdemeanor, and certain knowing failures to register can trigger an extra state-prison term.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.33. (a) Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor. (b) (1) Any person who knowingly fails to register pursuant to Section 186.30 and is subsequently convicted of, or any person for whom a petition is subsequently sustained for a violation of, any of the offenses specified in Section 186.30, shall be punished by an additional term of imprisonment in the state prison for 16 months, or two or three years. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for the enhancement choice on the record at the time of sentencing. (2) The existence of any fact bringing a person under this subdivision shall be alleged in the information, indictment, or petition, and be either admitted by the defendant or minor in open court, or found to be true or not true by the trier of fact. (c) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2013, Ch. 508, Sec. 4) by Stats. 2016, Ch. 887, Sec. 4. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions. Note: Section 186.33 was amended on March 7, 2000, by initiative Prop. 21.)
  184. 186.34.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    This section defines key gang-database terms and requires local law enforcement agencies to give notice, share certain information, and review written challenges to shared gang-database designations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.34. (a) For purposes of this section and Sections 186.35 and 186.36, the following definitions apply: (1) “Criminal street gang” means an ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of crimes enumerated in paragraphs (1) to (25), inclusive, and paragraphs (31) to (33), inclusive, of subdivision (e) of Section 186.22 who have a common identifying sign, symbol, or name, and whose members individually or collectively engage in or have engaged in a pattern of definable criminal activity. (2) “Gang database” means any database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate. (3) “Law enforcement agency” means a governmental agency or a subunit of a governmental agency, and its authorized support staff and contractors, whose primary function is detection, investigation, or apprehension of criminal offenders, or whose primary duties include detention, pretrial release, posttrial release, correctional supervision, or the collection, storage, or dissemination of criminal history record information. (4) “Shared gang database” means a gang database that is accessed by an agency or person outside of the agency that created the records that populate the database. (b) Notwithstanding subdivision (a), the following are not subject to this section, or Sections 186.35 and 186.36: (1) Databases that designate persons as gang members or associates using only criminal offender record information, as defined in Section 13102, or information collected pursuant to Section 186.30. (2) Databases accessed solely by jail or custodial facility staff for classification or operational decisions in the administration of the facility. (c) (1) To the extent a local law enforcement agency elects to utilize a shared gang database prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and the person’s parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor. (2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for the person’s parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for the person’s designation in the database. (d) (1) (A) A person, or, if the person is under 18 years of age, the person’s parent or guardian, or an attorney working on behalf of the person, may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and the name of the law enforcement agency that made the designation. A request pursuant to this paragraph shall be in writing. (B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (e). (2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age. (3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request. (e) Subsequent to the notice described in subdivision (c) or the law enforcement agency’s response to an information request described in subdivision (d), the person designated or to be designated as a suspected gang member, associate, or affiliate, or the person’s parent or guardian if the person is under 18 years of age, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and, if the person is under 18 years of age, the person’s parent or guardian, with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. If the law enforcement agency does not provide a verification of the agency’s decision within the required 30-day period, the request to remove the person from the gang database shall be deemed denied. The person or, if the person is under 18 years of age, the person’s parent or guardian may petition the court to review the law enforcement agency’s denial of the request for removal and order the law enforcement agency to remove the person from the shared gang database pursuant to Section 186.35. (f) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or any provision listed in Section 7920.505 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 331. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  185. 186.35.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    A qualifying person may ask the court to review a law enforcement agency’s refusal to remove the person from a shared gang database.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.35. (a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (e) of Section 186.34, may petition the court to review the law enforcement agency’s denial of the request for removal and to order the law enforcement agency to remove the person from the shared gang database. The petition may be brought by the person or the person’s attorney, or if the person is under 18 years of age, by his or her parent or guardian or an attorney on behalf of the parent or guardian. (b) The petition shall be filed and served within 90 calendar days of the agency’s mailing or personal service of the verification of the decision to deny the request for removal from the shared gang database or the date that the request is deemed denied under subdivision (e) of Section 186.34. A proceeding under this subdivision is not a criminal case. The petition shall be filed in either the superior court of the county in which the local law enforcement agency is located or, if the person resides in California, in the county in which the person resides. A copy of the petition shall be served on the agency in person or by first-class mail. Proof of service of the petition on the agency shall be filed in the superior court. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable. (c) The evidentiary record for the court’s determination of the petition shall be limited to the agency’s statement of the basis of its designation made pursuant to subdivision (c) or (d) of Section 186.34, and the documentation provided to the agency by the person contesting the designation pursuant to subdivision (e) of Section 186.34. (d) If, upon de novo review of the record and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the person’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database. (e) The fee for filing the petition is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the petition. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency. (Repealed and added by Stats. 2017, Ch. 695, Sec. 6. (AB 90) Effective January 1, 2018.)
  186. 186.36.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. )

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    The Department of Justice must regulate and oversee shared gang databases, and the CalGang database is subject to reporting, training, audit, purge, and access restrictions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20 - 186.36] ( Chapter 11 added by Stats. 1988, Ch. 1256, Sec. 1. ) ## 186.36. (a) The Department of Justice is responsible for establishing regulations for shared gang databases. All shared gang databases shall comply with those regulations. (b) The department shall administer and oversee the CalGang database. Commencing January 1, 2018, the CalGang Executive Board shall not administer or oversee the CalGang database. (c) The department shall establish the Gang Database Technical Advisory Committee. (d) Each appointee to the committee, regardless of the appointing authority, shall have the following characteristics: (1) Substantial prior knowledge of issues related to gang intervention, suppression, or prevention efforts. (2) Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or organization he or she represents. (3) A willingness to serve on the committee and a commitment to contribute to the committee’s work. (e) The membership of the committee shall be as follows: (1) The Attorney General, or his or her designee. (2) The President of the California District Attorneys Association, or his or her designee. (3) The President of the California Public Defenders Association, or his or her designee. (4) A representative of organizations that specialize in gang violence intervention, appointed by the Senate Committee on Rules. (5) A representative of organizations that provide immigration services, appointed by the Senate Committee on Rules. (6) The President of the California Gang Investigators Association, or his or her designee. (7) A representative of community organizations that specialize in civil or human rights, appointed by the Speaker of the Assembly. (8) A person who has personal experience with a shared gang database as someone who is or was impacted by gang labeling, appointed by the Speaker of the Assembly. (9) The chairperson of the California Gang Node Advisory Committee, or his or her designee. (10) The President of the California Police Chiefs Association, or his or her designee. (11) The President of the California State Sheriffs’ Association, or his or her designee. (f) The committee shall appoint a chairperson from among the members appointed pursuant to subdivision (e). The chairperson shall serve in that capacity at the pleasure of the committee. (g) Each member of the committee who is appointed pursuant to this section shall serve without compensation. (h) If a committee member is unable to adequately perform his or her duties, he or she is subject to removal from the board by a majority vote of the full committee. (i) A vacancy on the committee as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy. (j) Committee meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (k) The department, with the advice of the committee, shall promulgate regulations governing the use, operation, and oversight of shared gang databases. The regulations issued by the department shall, at minimum, ensure the following: (1) The system integrity of a shared gang database. (2) All law enforcement agency and criminal justice agency personnel who access a shared gang database undergo comprehensive and standardized training on the use of shared gang databases and related policies and procedures. (3) Proper criteria are established for supervisory reviews of all database entries and regular reviews of records entered into a shared gang database. (4) Reasonable measures are taken to locate equipment related to the operation of a shared gang database in a secure area in order to preclude access by unauthorized personnel. (5) Law enforcement agencies and criminal justice agencies notify the department of any missing equipment that could potentially compromise a shared gang database. (6) Personnel authorized to access a shared gang database are limited to sworn law enforcement personnel, nonsworn law enforcement support personnel, or noncriminal justice technical or maintenance personnel, including information technology and information security staff and contract employees, who have been subject to character or security clearance and who have received approved training. (7) Any records contained in a shared gang database are not disclosed for employment or military screening purposes. (8) Any records contained in a shared gang database are not disclosed for purposes of enforcing federal immigration law, unless required by state or federal statute or regulation. (9) The committee does not discuss or access individual records contained in a shared gang database. (l) The regulations issued by the department shall include, but not be limited to, establishing the following: (1) Policies and procedures for entering, reviewing, and purging documentation. (2) Criteria for designating a person as a gang member or associate that are unambiguous, not overbroad, and consistent with empirical research on gangs and gang membership. (3) Retention periods for information about a person in a shared gang database that is consistent with empirical research on the duration of gang membership. (4) Criteria for designating an organization as a criminal street gang and retention periods for information about criminal street gangs. (5) Policies and procedures for notice to a person in a shared gang database. This includes policies and procedures for when notification would compromise an active criminal investigation or the health or safety of a minor. (6) Policies and procedures for responding to an information request, a request for removal, or a petition for removal under Sections 186.34 and 186.35, respectively. This includes policies and procedures for a request or petition that could compromise an active criminal investigation or the health or safety of a minor. (7) Policies and procedures for sharing information from a shared gang database with a federal agency, multistate agency, or agency of another state that is otherwise denied access. This includes sharing of information with a partner in a joint task force. (8) Implementation of supervisory review procedures and periodic record reviews by law enforcement agencies and criminal justice agencies, and reporting of the results of those reviews to the department. (m) Shared gang databases shall be used and operated in compliance with all applicable state and federal regulations, statutes, and guidelines. These include Part 23 of Title 28 of the Code of Federal Regulations and the department’s Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities. (n) The department, with the advice of the committee, no later than January 1, 2020, shall promulgate regulations to provide for periodic audits of each CalGang node and user agency to ensure the accuracy, reliability, and proper use of the CalGang database. The department shall mandate the purge of any information for which a user agency cannot establish adequate support. (o) The department, with the advice of the committee, shall develop and implement standardized periodic training for everyone with access to the CalGang database. (p) Commencing February 15, 2018, and annually on February 15 thereafter, the department shall publish an annual report on the CalGang database. (1) The report shall include, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information for each user agency: (A) The number of persons included in the CalGang database on the day of reporting. (B) The number of persons added to the CalGang database during the immediately preceding 12 months. (C) The number of requests for removal of information about a person from the CalGang database pursuant to Section 186.34 received during the immediately preceding 12 months. (D) The number of requests for removal of information about a person from the CalGang database pursuant to Section 186.34 that were granted during the immediately preceding 12 months. (E) The number of petitions for removal of information about a person from the CalGang database pursuant to Section 186.35 adjudicated in the immediately preceding 12 months, including their dispositions. (F) The number of persons whose information was removed from the CalGang database due to the expiration of a retention period during the immediately preceding 12 months. (G) The number of times an agency did not provide notice or documentation described in Section 186.34 because providing that notice or documentation would compromise an active criminal investigation, in the immediately preceding 12 months. (H) The number of times an agency did not provide notice or documentation described in Section 186.34 because providing that notice or documentation would compromise the health or safety of the designated minor, in the immediately preceding 12 months. (2) The report shall include the results from each user agency’s periodic audit conducted pursuant to subdivision (n). (3) The department shall post the report on the department’s Internet Web site. (4) The department shall invite and assess public comments following the report’s release, and each report shall summarize public comments received on prior reports and the actions taken in response to comments. (q) The department shall instruct all user agencies to review the records of criminal street gang members entered into a shared gang database to ensure the existence of proper support for each criterion for entry in the shared gang database. (r) (1) The department shall instruct each CalGang node agency to purge from a shared gang database any record of a person entered into the database designated as a suspected gang member, associate, or affiliate that does not meet criteria for entry or whose entry was based upon the following criteria: jail classification, frequenting gang neighborhoods, or on the basis of an untested informant. Unsupported criteria shall be purged and the records of a person shall be purged if the remaining criteria are not sufficient to support the person’s designation. (2) After the purge is completed, the shared gang database shall be examined using a statistically valid sample, pursuant to professional auditing standards to ensure that all fields in the database are accurate. (s) (1) Commencing January 1, 2018, any shared gang database operated by law enforcement in California including, but not limited to, the CalGang database, shall be under a moratorium. During the moratorium, data shall not be added to the database. Data in the database shall not be accessed by participating agencies or shared with other entities. The moratorium on a shared gang database shall not be lifted until the Attorney General certifies that the purge required in subdivision (r) has been completed. After the purge has been completed and before the department adopts the regulations required by this section, new data may be entered, provided the new data meets the criteria established by the conditions of the purge. (2) The department shall not use regulations developed pursuant to this section to invalidate data entries entered prior to the adoption of those regulations. (t) The department shall be responsible for overseeing shared gang database system discipline and conformity with all applicable state and federal regulations, statutes, and guidelines. (u) The department may enforce a violation of a state or federal law or regulation with respect to a shared gang database, or a violation of regulation, policy, or procedure established by the department pursuant to this title by any of the following methods: (1) Letter of censure. (2) Temporary suspension of access privileges to the shared gang database system. (3) Revocation of access privileges to the shared gang database system. (v) The department shall temporarily suspend access to a shared gang database system or revoke access to a shared gang database system for any individual who shares information from a shared gang database for employment or military screening purposes. (w) The department shall temporarily suspend access to a shared gang database system or revoke access to a shared gang database system for an individual who shares information from a shared gang database for federal immigration law purposes, unless required by state or federal statute or regulation. (x) The department shall ensure that the shared gang database user account of an individual is disabled if the individual no longer has a need or right to access a shared gang database because he or she has separated from his or her employment with a user agency or for another reason. (Added by Stats. 2017, Ch. 695, Sec. 7. (AB 90) Effective January 1, 2018.)
  187. 186.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    The prosecuting agency must file a forfeiture petition and give notice to people who may have an interest in the property.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.4. (a) The prosecuting agency shall, in conjunction with the criminal proceeding, file a petition of forfeiture with the superior court of the county in which the defendant has been charged with the underlying criminal offense, which shall allege that the defendant has engaged in a pattern of criminal profiteering activity, including the acts or threats chargeable as crimes and the property forfeitable pursuant to Section 186.3. The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds, which notice shall state that any interested party may file a verified claim with the superior court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notices cannot be given by registered mail or personal delivery, the notices shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. If the property alleged to be subject to forfeiture is real property, the prosecuting agency shall, at the time of filing the petition of forfeiture, record a lis pendens in each county in which the real property is situated which specifically identifies the real property alleged to be subject to forfeiture. The judgment of forfeiture shall not affect the interest in real property of any third party which was acquired prior to the recording of the lis pendens. (b) All notices shall set forth the time within which a claim of interest in the property seized is required to be filed pursuant to Section 186.5. (Amended by Stats. 1983, Ch. 208, Sec. 1.)
  188. 186.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    This section sets deadlines and procedures for filing and responding to claims in a forfeiture case.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.5. (a) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, as appropriate. (b) (1) If, at the end of the time set forth in subdivision (a), an interested person, other than the defendant, has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of the provisions of subdivision (d). (2) The defendant may admit or deny that the property is subject to forfeiture pursuant to the provisions of this chapter. If the defendant fails to admit or deny or to file a claim of interest in the property or proceeds, the court shall enter a response of denial on behalf of the defendant. (c) (1) The forfeiture proceeding shall be set for hearing in the superior court in which the underlying criminal offense will be tried. (2) If the defendant is found guilty of the underlying offense, the issue of forfeiture shall be promptly tried, either before the same jury or before a new jury in the discretion of the court, unless waived by the consent of all parties. (d) At the forfeiture hearing, the prosecuting agency shall have the burden of establishing beyond a reasonable doubt that the defendant was engaged in a pattern of criminal profiteering activity and that the property alleged in the petition comes within the provisions of subdivision (b) or (c) of Section 186.3. (Added by Stats. 1982, Ch. 1281, Sec. 1.)
  189. 186.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    The prosecuting agency may ask the superior court for temporary orders to preserve forfeiture property, but the court cannot grant a preliminary injunction or appoint a receiver without notice, a hearing, and probable cause.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.6. (a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to preserve the status quo of the property alleged in the petition of forfeiture: (1) An injunction to restrain all interested parties and enjoin them from transferring, encumbering, hypothecating or otherwise disposing of that property. (2) Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that such property may be maintained and preserved. (b) No preliminary injunction may be granted or receiver appointed without notice to the interested parties and a hearing to determine that such an order is necessary to preserve the property, pending the outcome of the criminal proceedings, and that there is probable cause to believe that the property alleged in the forfeiture proceedings are proceeds or property interests forfeitable under Section 186.3. However, a temporary restraining order may issue pending that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure. (c) Notwithstanding any other provision of law, the court in granting these motions may order a surety bond or undertaking to preserve the property interests of the interested parties. (d) The court shall, in making its orders, seek to protect the interests of those who may be involved in the same enterprise as the defendant, but who were not involved in the commission of the criminal profiteering activity. (Added by Stats. 1982, Ch. 1281, Sec. 1.)
  190. 186.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    This section requires forfeiture of qualifying property or proceeds in certain criminal profiteering cases, allows some interest holders to pay an equity amount to avoid forfeiture, and sets rules for auction or county disposal of forfeited real property.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.7. (a) If the trier of fact at the forfeiture hearing finds that the alleged property or proceeds is forfeitable pursuant to Section 186.3 and the defendant was engaged in a pattern of criminal profiteering activity, the court shall declare that property or proceeds forfeited to the state or local governmental entity, subject to distribution as provided in Section 186.8. No property solely owned by a bona fide purchaser for value shall be subject to forfeiture. (b) If the trier of fact at the forfeiture hearing finds that the alleged property is forfeitable pursuant to Section 186.3 but does not find that a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract acquired that interest with actual knowledge that the property was to be used for a purpose for which forfeiture is permitted, and the amount due to that person is less than the appraised value of the property, that person may pay to the state or the local governmental entity which initiated the forfeiture proceeding, the amount of the registered owner’s equity, which shall be deemed to be the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon that payment, the state or local governmental entity shall relinquish all claims to the property. If the holder of the interest elects not to make that payment to the state or local governmental entity, the property shall be deemed forfeited to the state or local governmental entity and the ownership certificate shall be forwarded. The appraised value shall be determined as of the date judgment is entered either by agreement between the legal owner and the governmental entity involved, or if they cannot agree, then by a court-appointed appraiser for the county in which the action is brought. A person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract shall be paid the appraised value of his or her interest. (c) If the amount due to a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract is less than the value of the property and the person elects not to make payment to the governmental entity, the property shall be sold at public auction by the Department of General Services or by the local governmental entity which shall provide notice of that sale by one publication in a newspaper published and circulated in the city, community, or locality where the sale is to take place. (d) Notwithstanding subdivision (c), a county may dispose of any real property forfeited to the county pursuant to this chapter pursuant to Section 25538.5 of the Government Code. (Amended by Stats. 1992, Ch. 1020, Sec. 3.7. Effective January 1, 1993.)
  191. 186.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. )

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    This section tells how money from forfeited property must be distributed, including payments to lienholders, government costs, specified funds, or the Employment Development Department depending on the case.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 9. Criminal Profiteering [186 - 186.8] ( Chapter 9 added by Stats. 1982, Ch. 1281, Sec. 1. ) ## 186.8. Notwithstanding that no response or claim has been filed pursuant to Section 186.5, in all cases where property is forfeited pursuant to this chapter and, if necessary, sold by the Department of General Services or local governmental entity, the money forfeited or the proceeds of sale shall be distributed by the state or local governmental entity as follows: (a) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage, or security interest, if any, up to the amount of their interest in the property or proceeds, when the court declaring the forfeiture orders a distribution to that person. The court shall endeavor to discover all those lienholders and protect their interests and may, at its discretion, order the proceeds placed in escrow for up to an additional 60 days to ensure that all valid claims are received and processed. (b) To the Department of General Services or local governmental entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary repairs, storage, or transportation of any property seized under this chapter. (c) To the General Fund of the state or a general fund of a local governmental entity, whichever prosecutes. (d) In any case involving a violation of subdivision (b) of Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution of the proceeds provided for by subdivisions (b) and (c), the proceeds shall be deposited in the county children’s trust fund, established pursuant to Section 18966 of the Welfare and Institutions Code, of the county that filed the petition of forfeiture. If the county does not have a children’s trust fund, the funds shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969 of the Welfare and Institutions Code. (e) In any case involving crimes against the state beverage container recycling program, in lieu of the distribution of proceeds provided in subdivision (c), the proceeds shall be deposited in the penalty account established pursuant to subdivision (d) of Section 14580 of the Public Resources Code, except that a portion of the proceeds equivalent to the cost of prosecution in the case shall be distributed to the local prosecuting entity that filed the petition of forfeiture. (f) (1) In any case described in paragraph (29) or (30) of subdivision (a) of Section 186.2, or paragraph (33) of subdivision (a) of Section 186.2 where the victim is a minor, in lieu of the distribution provided for in subdivision (c), the proceeds shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837. Fifty percent of the funds deposited in the Victim-Witness Assistance Fund pursuant to this subdivision shall be granted to community-based organizations that serve minor victims of human trafficking. (2) Notwithstanding paragraph (1), any proceeds specified in paragraph (1) that would otherwise be distributed to the General Fund of the state under subdivision (c) pursuant to a paragraph in subdivision (a) of Section 186.2 other than paragraph (29) or (30) of subdivision (a) of Section 186.2, or paragraph (33) of subdivision (a) of Section 186.2 where the victim is a minor, shall, except as otherwise required by law, continue to be distributed to the General Fund of the state as specified in subdivision (c). (g) In any case described in subparagraph (B) of paragraph (34) of subdivision (a) of Section 186.2, in lieu of the distribution provided for in subdivision (c), the proceeds shall be returned to the Employment Development Department. (Amended by Stats. 2022, Ch. 950, Sec. 2. (AB 1637) Effective September 30, 2022.)
  192. 186.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10. Money Laundering [186.9 - 186.10] ( Chapter 10 added by Stats. 1986, Ch. 1039, Sec. 2. )

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    This section defines key terms used in the chapter on money laundering, including conduct, financial institution, transaction, monetary instrument, criminal activity, and foreign bank draft.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 10. Money Laundering [186.9 - 186.10] ( Chapter 10 added by Stats. 1986, Ch. 1039, Sec. 2. ) ## 186.9. As used in this chapter: (a) “Conducts” includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction. (b) “Financial institution” means, when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act (12 U.S.C. Sec. 1724(a)), any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any agency, agent or branch of a foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler’s checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or with the Commissioner of Financial Protection and Innovation under Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code, any licensed transmitter of funds or other person or business regularly engaged in transmitting funds to a foreign nation for others, any investment banker or investment company, any insurer, any dealer in gold, silver, or platinum bullion or coins, diamonds, emeralds, rubies, or sapphires, any pawnbroker, any telegraph company, any person or business regularly engaged in the delivery, transmittal, or holding of mail or packages, any person or business that conducts a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, any personal property broker, any person or business acting as a real property securities dealer within the meaning of Section 10237 of the Business and Professions Code, whether licensed to do so or not, any person or business acting within the meaning and scope of subdivisions (d) and (e) of Section 10131 and Section 10131.1 of the Business and Professions Code, whether licensed to do so or not, any person or business regularly engaged in gaming within the meaning and scope of Section 330, any person or business regularly engaged in pool selling or bookmaking within the meaning and scope of Section 337a, any person or business regularly engaged in horse racing whether licensed to do so or not under the Business and Professions Code, any person or business engaged in the operation of a gambling ship within the meaning and scope of Section 11317, any person or business engaged in controlled gambling within the meaning and scope of subdivision (e) of Section 19805 of the Business and Professions Code, whether registered to do so or not, and any person or business defined as a “bank,” “financial agency,” or “financial institution” by Section 5312 of Title 31 of the United States Code or Section 103.11 of Title 31 of the Code of Federal Regulations and any successor provisions thereto. (c) “Transaction” includes the deposit, withdrawal, transfer, bailment, loan, pledge, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (d), or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to, a financial institution as defined by subdivision (b). (d) “Monetary instrument” means United States currency and coin; the currency, coin, and foreign bank drafts of any foreign country; payment warrants issued by the United States, this state, or any city, county, or city and county of this state or any other political subdivision thereof; any bank check, cashier’s check, traveler’s check, or money order; any personal check, stock, investment security, or negotiable instrument in bearer form or otherwise in a form in which title thereto passes upon delivery; gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or sapphires. Except for foreign bank drafts and federal, state, county, or city warrants, “monetary instrument” does not include personal checks made payable to the order of a named party which have not been endorsed or which bear restrictive endorsements, and also does not include personal checks which have been endorsed by the named party and deposited by the named party into the named party’s account with a financial institution. (e) “Criminal activity” means a criminal offense punishable under the laws of this state by death, imprisonment in the state prison, or imprisonment pursuant to subdivision (h) of Section 1170 or from a criminal offense committed in another jurisdiction punishable under the laws of that jurisdiction by death or imprisonment for a term exceeding one year. (f) “Foreign bank draft” means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union, currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial institution held at a bank or other financial institution located in the United States or a territory of the United States. (Amended by Stats. 2022, Ch. 452, Sec. 203. (SB 1498) Effective January 1, 2023.)
  193. 187.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )

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    This section defines murder as the unlawful killing of a human being or a fetus with malice aforethought, and sets out fetal-death exceptions where the section does not apply.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. ) ## CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. ) ## 187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply: (1) The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (2) The act was committed by a holder of a physician’s and surgeon’s certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the person pregnant with the fetus or where the pregnant person’s death from childbirth, although not medically certain, would be substantially certain or more likely than not. (3) It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus. (c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law. (Amended by Stats. 2023, Ch. 260, Sec. 14. (SB 345) Effective January 1, 2024.)
  194. 18710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section prohibits possession of a destructive device in this state, except as allowed by the chapter, and provides criminal penalties for convictions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18710. (a) Except as provided by this chapter, any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a public offense. (b) A person, firm, or corporation who is convicted of an offense under subdivision (a) shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both this fine and imprisonment. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  195. 18715.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who recklessly or maliciously possesses a destructive device or explosive in certain public or nearby places commits a felony.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18715. (a) Every person who recklessly or maliciously has in possession any destructive device or any explosive in any of the following places is guilty of a felony: (1) On a public street or highway. (2) In or near any theater, hall, school, college, church, hotel, or other public building. (3) In or near any private habitation. (4) In, on, or near any aircraft, railway passenger train, car, cable road, cable car, or vessel engaged in carrying passengers for hire. (5) In, on, or near any other public place ordinarily passed by human beings. (b) An offense under subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of two, four, or six years. (Amended by Stats. 2011, Ch. 15, Sec. 531. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  196. 18720.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may not possess materials to make a destructive device or explosive without first getting a valid permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18720. Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any explosive without first obtaining a valid permit to make that destructive device or explosive, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 532. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  197. 18725.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who willfully carries or places destructive devices or explosives in passenger transport vehicles or certain baggage is guilty of a felony.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18725. Every person who willfully does any of the following is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years: (a) Carries any destructive device or any explosive on any vessel, aircraft, car, or other vehicle that transports passengers for hire. (b) While on board any vessel, aircraft, car, or other vehicle that transports passengers for hire, places or carries any destructive device or any explosive in any hand baggage, roll, or other container. (c) Places any destructive device or any explosive in any baggage that is later checked with any common carrier. (Amended by Stats. 2011, Ch. 15, Sec. 533. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  198. 18730.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section makes it a felony to sell, offer for sale, or knowingly transport a destructive device in the state, except for fixed ammunition over .60 caliber.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18730. Except as provided by this chapter, any person, firm, or corporation who, within this state, sells, offers for sale, or knowingly transports any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 534. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  199. 18735.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person, firm, or corporation may not sell, offer for sale, possess, or knowingly transport fixed ammunition over .60 caliber within this state, except as allowed by this chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18735. (a) Except as provided by this chapter, any person, firm, or corporation who, within this state, sells, offers for sale, possesses or knowingly transports any fixed ammunition of a caliber greater than .60 caliber is guilty of a public offense. (b) Upon conviction of an offense under subdivision (a), a person, firm, or corporation shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine not to exceed one thousand dollars ($1,000), or by both this fine and imprisonment. (c) A second or subsequent conviction shall be punished by imprisonment in the county jail for a term not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed three thousand dollars ($3,000), or by both this fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 535. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  200. 18740.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    It is a felony to possess, explode, ignite, or try to explode or ignite a destructive device or explosive with harmful intent.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS [18710 - 19290] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Destructive Devices and Explosives Generally [18710 - 19000] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Prohibited Acts [18710 - 18780] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 18740. Every person who possesses, explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property, is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a period of three, five, or seven years. (Amended by Stats. 2011, Ch. 15, Sec. 536. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)

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