Penal Code — Part 12 | PEN — United States — California law | Esheria

Penal Code

Part 12 of 29 · provisions 2,201–2,400

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. 23005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A permit application for tear gas or tear gas weapons must be written, signed, and include specified applicant and location details; if used as a protective system, it must also name the installer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23005. (a) An application for a permit shall satisfy all of the following requirements: (1) It shall be filed in writing. (2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation. (3) It shall state the applicant’s name, business in which engaged, business address, and a full description of the place or vehicle in which the tear gas or tear gas weapon is to be transported, kept, installed, or maintained. (b) If the tear gas or tear gas weapon is to be used in connection with, or to constitute, a protective system, the application shall also contain the name of the person who is to install the protective system. (c) Applications and permits shall be uniform throughout the state upon forms prescribed by the Department of Justice. (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. 23010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Permit applicants must pay a DOJ-determined fee when filing, and permits may be renewed one year after issuance and annually after that if a renewal application and renewal fee are filed.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23010. (a) Each applicant for a permit shall pay, at the time of filing the application, a fee determined by the Department of Justice, not to exceed the application processing costs of the Department of Justice. (b) A permit granted pursuant to this chapter may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, not to exceed the application processing costs of the Department of Justice. (c) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget. (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. 23015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain multi-branch financial institutions may file one annual permit application, but the application must list each branch’s business address and description, and branch location changes must be reported to the department within 60 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23015. (a) Notwithstanding Section 23000, a bank, a savings and loan association, a credit union, or an industrial loan company that maintains more than one office or branch may make a single annual application for a permit. (b) In addition to the requirements set forth in this chapter, an application under this section shall separately state the business address and a full description of each office or branch in which the tear gas or tear gas weapon is to be kept, installed, or maintained. Any location addition or deletion as to an office or branch shall be reported to the department within 60 days of the change. (c) A single permit issued under this section shall allow for the possession, operation, and maintenance of tear gas at each office or branch named in the application, including any location change. (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. 23020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Permit holders must carry the permit on their person or keep it at the location named in the permit, and the permit must be available for inspection.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23020. Every person, firm, or corporation to whom a permit is issued shall either carry the permit upon the person or keep it in the place described in the permit. The permit shall be open to inspection by any peace officer or other person designated by the authority issuing the permit. (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. 23025.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The issuing authority may revoke or suspend a permit issued under this chapter at any time if the need for the tear gas or tear gas weapon has ended, or if the permit holder has engaged in unlawful business or occupation, or wrongfully used the tear gas, weapon, or permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025] ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS [22810 - 23025] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Permits [23000 - 23025] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23025. A permit issued in accordance with this chapter may be revoked or suspended by the issuing authority at any time when it appears that the need for the possession or transportation of the tear gas or tear gas weapon or protective system involving the use thereof, has ceased, or that the holder of the permit has engaged in an unlawful business or occupation or has wrongfully made use of the tear gas or tear gas weapon or the permit issued. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  6. 23500.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The provisions listed in Section 16580 may be known and cited as “The Dangerous Weapons Control Law.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23500. The provisions listed in Section 16580 shall be known and may be cited as “The Dangerous Weapons Control 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.)
  7. 23505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    If part of a provision listed in Section 16580 is held unconstitutional, the rest still remains valid.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23505. If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of any provision listed in Section 16580 is for any reason held unconstitutional, that decision does not affect the validity of any other provision listed in Section 16580. The Legislature hereby declares that it would have passed the provisions listed in Section 16580 and each section, subdivision, paragraph, subparagraph, sentence, clause, and phrase of those provisions, irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional. (Amended by Stats. 2011, Ch. 285, Sec. 25. (AB 1402) Effective January 1, 2012.)
  8. 23510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    For specified firearm-related provisions, each firearm is treated as a separate offense, and in one section the firearm frame or receiver is also treated separately.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23510. (a) For purposes of Sections 25400 and 26500, Sections 27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750, inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of this code, and any provision listed in subdivision (a) of Section 16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term “any firearm” may be used in those sections, each firearm or the frame or receiver of each firearm constitutes a distinct and separate offense under those sections. (b) For purposes of Section 25135, notwithstanding the fact that the term “any firearm” may be used in that section, each firearm constitutes a distinct and separate offense under that section. (Amended by Stats. 2013, Ch. 737, Sec. 6. (AB 500) Effective January 1, 2014.)
  9. 23515.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines what counts as an offense involving the violent use of a firearm for the provisions listed in Section 16580.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23515. As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following: (a) A violation of paragraph (2) or (3) of subdivision (a) of Section 245 or a violation of subdivision (d) of Section 245. (b) A violation of Section 246. (c) A violation of paragraph (2) of subdivision (a) of Section 417. (d) A violation of subdivision (c) of Section 417. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  10. 23520.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Applications needing a firearms eligibility determination for a license, permit, or certificate must include two copies of the applicant’s fingerprints on Department of Justice forms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. PRELIMINARY PROVISIONS [23500 - 23520] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23520. Each application that requires any firearms eligibility determination involving the issuance of any license, permit, or certificate pursuant to this part shall include two copies of the applicant’s fingerprints on forms prescribed by the Department of Justice. One copy of the fingerprints may be submitted to the United States Federal Bureau of Investigation. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  11. 236.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    False imprisonment means unlawfully violating another person’s personal liberty.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236. False imprisonment is the unlawful violation of the personal liberty of another. (Enacted 1872.)
  12. 236.1.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section makes human trafficking a crime, defines key terms, and sets prison terms and fines for different forms of trafficking.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.1. (a) A person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (b) A person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000). (c) A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A violation of this subdivision is punishable by imprisonment in the state prison as follows: (1) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (2) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (d) In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, the victim’s relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered. (e) Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (f) Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (g) The Legislature finds that the definition of human trafficking in this section is equivalent to the federal definition of a severe form of trafficking found in Section 7102(11) of Title 22 of the United States Code. (h) For purposes of this chapter, the following definitions apply: (1) “Coercion” includes a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment. (2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by a person. (3) “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out. (4) “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which the person would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim. (5) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person. (6) “Great bodily injury” means a significant or substantial physical injury. (7) “Minor” means a person less than 18 years of age. (8) “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm. (i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section. (j) In any case brought pursuant to this section, the prosecutor shall consider whether to seek protective orders pursuant to Section 136.2. (k) A court shall report a conviction of subdivision (a), (b), or (c) of this section that occurred while the person was using a commercial motor vehicle, as defined in Section 15210 of the Vehicle Code, to the Department of Motor Vehicles. (Amended by Stats. 2024, Ch. 226, Sec. 6. (AB 3278) Effective January 1, 2025.)
  13. 236.10.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    The court may issue temporary property-preservation orders in forfeiture-related proceedings, but preliminary injunctions or receivers require notice and a hearing; the court may also order receiver compensation and a surety bond.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.10. (a) 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 anyone from transferring, encumbering, hypothecating, or otherwise disposing of the 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 be compensated for all reasonable expenditures made or incurred by the receiver in connection with the possession, care, management, and operation of property or assets that are subject to the provisions of this section. (b) No preliminary injunction may be granted or receiver appointed without notice to the interested parties and a hearing to determine that 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, instruments, or property interests forfeitable under the provisions of Section 236.7. 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 human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (h) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime. (Amended by Stats. 2025, Ch. 67, Sec. 154. (AB 1170) Effective January 1, 2026.)
  14. 236.11.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section requires forfeiture of certain property or proceeds in specified human trafficking cases, allows an interest holder to pay the owner’s equity to avoid forfeiture in some cases, and requires notice before a public auction sale.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.11. (a) If the trier of fact at the forfeiture hearing finds that the alleged property, instruments, or proceeds are forfeitable pursuant to Section 236.7 and the defendant was engaged in human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (h) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, the court shall declare that property or proceeds forfeited to the state or local governmental entity, subject to distribution as provided in Section 236.12. 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 236.7 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 that 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 payment, the state or local governmental entity shall relinquish all claims to the property. If the holder of the interest elects not to pay 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, 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 the person’s 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. The seller shall provide notice of the 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 real property forfeited to the county pursuant to this chapter by the process prescribed in Section 25538.5 of the Government Code. (Amended by Stats. 2025, Ch. 67, Sec. 155. (AB 1170) Effective January 1, 2026.)
  15. 236.12.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    When property is forfeited under this chapter and sold if needed, the money or sale proceeds must be distributed in the order stated in the section.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.12. Notwithstanding that no response or claim has been filed pursuant to Section 236.9, 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 his or her 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 necessary repairs, storage, or transportation of property seized under this chapter. (c) (1) Fifty percent to the General Fund of the state or local governmental entity, whichever prosecutes or handles the forfeiture hearing. (2) Fifty percent to the Victim-Witness Assistance Fund to be used upon appropriation for grants to community-based organizations that serve victims of human trafficking. (Added by Stats. 2012, Ch. 514, Sec. 7. (SB 1133) Effective January 1, 2013.)
  16. 236.13.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    A minor victim of human trafficking may be given assistance by the local county Victim Witness Assistance Center if the minor wants it.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.13. (a) In a case involving a charge of human trafficking under Section 236.1, a minor who is a victim of the human trafficking shall be provided with assistance from the local county Victim Witness Assistance Center if the minor so desires. (b) This section does not require a local agency to operate a Victim Witness Assistance Center. (Added by Stats. 2016, Ch. 641, Sec. 1. (AB 2221) Effective January 1, 2017.)
  17. 236.14.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section lets qualifying human trafficking victims ask the court to vacate certain nonviolent offense arrests, convictions, and adjudications, and it requires related records to be sealed and destroyed if relief is granted.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.14. (a) If a person was arrested for or convicted of any nonviolent offense committed while they were a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of their convictions, arrests, and adjudications under this section. The petitioner shall establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking that demonstrates that the person lacked the requisite intent to commit the offense. Upon this showing, the court shall find that the person lacked the requisite intent to commit the offense and shall therefore vacate the conviction as invalid due to legal defect at the time of the arrest or conviction. (b) The petition for relief shall be submitted under penalty of perjury and shall describe all of the available grounds and evidence that the petitioner was a victim of human trafficking and the arrest or conviction of a nonviolent offense was the direct result of being a victim of human trafficking. (c) The petition for relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which vacatur is sought or with jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief. (d) If opposition to the petition is not filed by the applicable state or local prosecutorial agency, the court shall deem the petition unopposed and may grant the petition. (e) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions. (f) If the petition is opposed or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following: (1) Testimony by the petitioner, which may be required in support of the petition. (2) Evidence and supporting documentation in support of the petition. (3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction. (g) After considering the totality of the evidence presented, the court may vacate the conviction and the arrests and issue an order if it finds all of the following: (1) That the petitioner was a victim of human trafficking at the time of the alleged commission of the qualifying crime. (2) The arrest for or conviction of the crime was a direct result of being a victim of human trafficking. (3) It is in the best interest of justice. (h) An order of vacatur shall do all of the following: (1) Set forth a finding that the petitioner was a victim of human trafficking at the time of the alleged commission of the qualifying crime and therefore lacked the requisite intent to commit the offense. (2) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner as invalid due to a legal defect at the time of arrest or conviction. (3) Notify the Department of Justice that the petitioner was a victim of human trafficking when they committed the crime and of the relief that has been ordered. (i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime unless it has already been paid. With the exception of restitution, the collection of fines imposed as a result of a nonviolent offense that is the subject of the petition shall be stayed while the petition is pending. (j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because they committed a qualifying nonviolent offense while they were a victim of human trafficking, including, but not limited to, prostitution, as described in subdivision (b) of Section 647, may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of human trafficking, the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. (k) (1) If the court issues an order as described in subdivision (a) or (j), the court shall also order all of the following agencies to seal and destroy their records: (A) Any law enforcement agency having jurisdiction over the offense. (B) The Department of Justice. (C) Any law enforcement agency that arrested the petitioner. (D) Any law enforcement agency that participated in the arrest of the petitioner. (E) Any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole. (2) Any government agency described in paragraph (1) shall seal its records of arrest and the court order to seal and destroy the records within one year from the date of arrest or within 90 days after the court order is granted, whichever occurs later. The agency shall thereafter destroy their records of the arrest and court order to seal and destroy those records within one year of the date of the court order. (3) The court shall provide the petitioner a certified copy of any court order concerning the sealing and destruction of the arrest records. The court shall provide the petitioner and petitioner’s counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing and destruction of the arrest records. (4) The Department of Justice shall notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal the arrest records by the applicable deadline. (l) A petition pursuant to this section shall be made and heard at any time after the person has ceased to be a victim of human trafficking or at any time after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of human trafficking who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. The right to petition for relief pursuant to this section does not expire with the passage of time and may be made at any time after the time specified in this subdivision. A court shall not refuse to hear a petition that was properly made pursuant to this section on the basis of the petitioner’s outstanding fines and fees or the petitioner’s failure to meet the conditions of probation. (m) (1) For the purposes of this section, official documentation of a petitioner’s status as a victim of human trafficking may be introduced as evidence that their participation in the offense was the result of their status as a victim of human trafficking. (2) For the purposes of this subdivision, “official documentation” means any documentation issued by a federal, state, or local agency that tends to show the petitioner’s status as a victim of human trafficking. Official documentation shall not be required for the issuance of an order described in subdivision (a). (n) If the petition is unopposed, the petitioner may appear at all hearings on the petition, if any, by counsel. If the petition is opposed and the court orders a hearing for relief on the petition, the petitioner shall appear in person unless the court finds a compelling reason why the petitioner cannot attend the hearing, in which case the petitioner may appear by telephone, videoconference, or by other electronic means established by the court. (o) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to the order. (p) Notwithstanding any other law, the records of the arrest, conviction, or adjudication shall not be distributed to any state licensing board. (q) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name. (r) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section. (s) If the court denies the application because the evidence is insufficient to establish grounds for vacatur, the denial may be without prejudice. The court may state the reasons for its denial in writing or on the record that is memorialized by transcription, audiotape, or videotape, and, if those reasons are based on curable deficiencies in the application, allow the applicant a reasonable time period to cure the deficiencies upon which the court based the denial. (t) For the purposes of this section, the following terms apply: (1) “Nonviolent offense” means any offense not listed in subdivision (c) of Section 667.5. (2) “Vacate” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall provide the petitioner with a copy of the orders described in subdivisions (a), (j), and (k), as applicable, and inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge, that was vacated. (3) “Victim of human trafficking” means the victim of a crime described in subdivisions (a), (b), and (c) of Section 236.1. (Amended by Stats. 2023, Ch. 131, Sec. 148. (AB 1754) Effective January 1, 2024.)
  18. 236.15.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section lets certain people seek court relief to vacate qualifying nonviolent offense arrests, convictions, and adjudications when they were caused by intimate partner violence or sexual violence.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.15. (a) If a person was arrested for or convicted of any nonviolent offense committed while the person was a victim of intimate partner violence or sexual violence, the person may petition the court for vacatur relief of their convictions, arrests, and adjudications under this section. The petitioner shall establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of intimate partner violence or sexual violence that demonstrates that the person lacked the requisite intent to commit the offense. Upon this showing, the court shall find that the person lacked the requisite intent to commit the offense and shall therefore vacate the conviction as invalid due to legal defect at the time of the arrest or conviction. (b) The petition for relief shall be submitted under penalty of perjury and shall describe all of the available grounds and evidence that the petitioner was a victim of intimate partner violence or sexual violence and the arrest or conviction of a nonviolent offense was the direct result of being a victim of intimate partner violence or sexual violence. (c) The petition for relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which vacatur is sought or with jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief. (d) If opposition to the petition is not filed by the applicable state or local prosecutorial agency, the court shall deem the petition unopposed and may grant the petition. (e) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions. (f) If the petition is opposed or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following: (1) Testimony by the petitioner, which may be required in support of the petition. (2) Evidence and supporting documentation in support of the petition. (3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction. (g) After considering the totality of the evidence presented, the court may vacate the conviction and expunge the arrests and issue an order if it finds all of the following: (1) That the petitioner was a victim of intimate partner violence or sexual violence at the time of the alleged commission of the qualifying crime. (2) The arrest or conviction of the crime was a direct result of being a victim of intimate partner violence or sexual violence. (3) It is in the best interest of justice. (h) An order of vacatur shall do all of the following: (1) Set forth a finding that the petitioner was a victim of intimate partner violence or sexual violence at the time of the alleged commission of the qualifying crime and therefore lacked the requisite intent to commit the offense. (2) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner as invalid due to a legal defect at the time of the arrest or conviction. (3) Notify the Department of Justice that the petitioner was a victim of intimate partner violence or sexual violence when they committed the crime and of the relief that has been ordered. (i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent offense unless it has already been paid. (j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because they committed a qualifying nonviolent offense while they were a victim of intimate partner violence or sexual violence may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of intimate partner violence or sexual violence, the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. (k) If the court issues an order as described in subdivision (a) or (j), the court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within three years from the date of the arrest or within one year after the court order is granted, whichever occurs later and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. (l) A petition pursuant to this section shall be made and heard within a reasonable time after the person has ceased to be a victim of intimate partner violence or sexual violence or within a reasonable time after the petitioner has sought services for being a victim of intimate partner violence or sexual violence, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of intimate partner violence or sexual violence who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. (m) For the purposes of this section, official documentation of a petitioner’s status as a victim of intimate partner violence or sexual violence may be introduced as evidence that their participation in the offense was the result of their status as a victim of intimate partner violence or sexual violence. For the purposes of this subdivision, “official documentation” means any documentation issued by a federal, state, or local agency that tends to show the petitioner’s status as a victim of intimate partner violence or sexual violence. Official documentation shall not be required for the issuance of an order described in subdivision (a). (n) A petitioner, or their attorney, may be excused from appearing in person at a hearing for relief pursuant to this section only if the court finds a compelling reason why the petitioner cannot attend the hearing, in which case the petitioner may appear telephonically, via videoconference, or by other electronic means established by the court. (o) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to the order. (p) Notwithstanding any other law, the records of the arrest, conviction, or adjudication shall not be distributed to any state licensing board. (q) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name. (r) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section. (s) If the court denies the application because the evidence is insufficient to establish grounds for vacatur, the denial may be without prejudice. The court may state the reasons for its denial in writing or on the record that is memorialized by transcription, audiotape, or videotape, and if those reasons are based on curable deficiencies in the application, allow the applicant a reasonable time period to cure the deficiencies upon which the court based the denial. (t) For the purposes of this section, the following terms apply: (1) “Nonviolent offense” means any offense not listed in subdivision (c) of Section 667.5. (2) “Vacate” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall provide the petitioner with a copy of the orders described in subdivisions (a), (j), and (k), as applicable, and inform the petitioner that they may thereafter state that they were not arrested for the charge, or adjudicated or convicted of the charge, that was vacated. (Amended by Stats. 2023, Ch. 131, Sec. 149. (AB 1754) Effective January 1, 2024.)
  19. 236.2.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    Law enforcement agencies must use due diligence to identify human trafficking victims, and peace officers must consider listed trafficking indicators when they encounter certain vulnerable people.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.2. Law enforcement agencies shall use due diligence to identify all victims of human trafficking, regardless of the citizenship of the person. When a peace officer comes into contact with a person who has been deprived of his or her personal liberty, a minor who has engaged in a commercial sex act, a person suspected of violating subdivision (a) or (b) of Section 647, or a victim of a crime of domestic violence or sexual assault, the peace officer shall consider whether the following indicators of human trafficking are present: (a) Signs of trauma, fatigue, injury, or other evidence of poor care. (b) The person is withdrawn, afraid to talk, or his or her communication is censored by another person. (c) The person does not have freedom of movement. (d) The person lives and works in one place. (e) The person owes a debt to his or her employer. (f) Security measures are used to control who has contact with the person. (g) The person does not have control over his or her own government-issued identification or over his or her worker immigration documents. (Amended November 6, 2012, by initiative Proposition 35, Sec. 7.)
  20. 236.21.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    Victims of human trafficking or abuse have a right to bring a human trafficking advocate and a support person to certain interviews, with a limited exclusion option for the support person.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victim’s choosing present at an interview by a law enforcement authority, prosecutor, or the suspect’s defense attorney. The law enforcement officer or prosecutor may exclude the support person from the interview if the law enforcement officer or prosecutor believes that the support person’s presence would be detrimental to the process. (2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or the suspect’s defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate. (3) For purposes of this section, the following definitions apply: (A) “Human trafficking advocate” means a person employed by an organization specified in Section 1038.2 of the Evidence Code. (B) “Support person” means a family member or friend of the survivor and does not include the human trafficking advocate. (b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victim’s choosing present at the interview. (2) At the time the victim is advised of their rights under paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the suspect’s defense attorney or investigators or agents employed by the suspect’s defense attorney. (3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor. (c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section. (Added by Stats. 2023, Ch. 109, Sec. 1. (SB 376) Effective January 1, 2024.)
  21. 236.23.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section lets a defendant raise an affirmative defense if coercion from human trafficking caused the offense and the person had a reasonable fear of harm, with some limits.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.23. (a) In addition to any other affirmative defense, it is a defense to a charge of a crime that the person was coerced to commit the offense as a direct result of being a human trafficking victim at the time of the offense and had a reasonable fear of harm. This defense does not apply to a violent felony, as defined in subdivision (c) of Section 667.5. (b) A defendant asserting the affirmative defense specified in subdivision (a) has the burden of establishing the affirmative defense by a preponderance of the evidence. (c) Certified records of a federal, state, tribal, or local court or governmental agency documenting the person’s status as a victim of human trafficking at the time of the offense, including identification of a victim of human trafficking by a peace officer pursuant to Section 236.2 and certified records of approval notices or enforcement certifications generated from federal immigration proceedings, may be presented to establish an affirmative defense pursuant to this section. Information contained in governmental agency reports, which is relevant to the identification of a victim of human trafficking by a peace officer pursuant to Section 236.2, may be presented pursuant to this subdivision even if a peace officer did not make an identification pursuant to Section 236.2. (d) The affirmative defense may be asserted at any time before the entry of a plea of guilty or nolo contendere or admission to the truth of the charges and before the conclusion of any trial for the offense. If asserted before the preliminary hearing held in a case, the affirmative defense shall, upon request by the defendant, be determined at the preliminary hearing. (e) If the defendant prevails on the affirmative defense provided under subdivision (a), the defendant is entitled to all of the following relief: (1) (A) The court shall order that all records in the case be sealed pursuant to Section 851.86. (B) Records that have been sealed pursuant to this paragraph may be accessed, inspected, or utilized by law enforcement for subsequent investigatory purposes involving persons other than the defendant. (2) The person shall be released from all penalties and disabilities resulting from the charge, and all actions and proceedings by law enforcement personnel, courts, or other government employees that led to the charge shall be deemed not to have occurred. (3) (A) The person may in all circumstances state that they have never been arrested for, or charged with, the crime that is the subject of the charge or conviction, including without limitation in response to questions on employment, housing, financial aid, or loan applications. (B) The person may not be denied rights or benefits, including, without limitation, employment, housing, financial aid, welfare, or a loan or other financial accommodation, based on the arrest or charge or their failure or refusal to disclose the existence of or information concerning those events. (C) The person may not be thereafter charged or convicted of perjury or otherwise of giving a false statement by reason of having failed to disclose or acknowledge the existence of the charge, or any arrest, indictment, trial, or other proceedings related thereto. (f) If, in a proceeding pursuant to Section 602 of the Welfare and Institutions Code, the juvenile court finds that the offense on which the proceeding is based was committed as a direct result of the minor being a human trafficking victim, and the affirmative defense established in subdivision (a) is established by a preponderance of the evidence, the court shall dismiss the proceeding and order the relief prescribed in Section 786 of the Welfare and Institutions Code. (Amended by Stats. 2021, Ch. 695, Sec. 2. (AB 124) Effective January 1, 2022.)
  22. 236.24.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    A person charged with a crime may raise a coercion-based defense if they were forced to offend because of intimate partner violence or sexual violence and had a reasonable fear of harm, except for violent felonies.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.24. (a) In addition to any other affirmative defense, it is a defense to a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of intimate partner violence or sexual violence at the time of the offense and had a reasonable fear of harm. This defense does not apply to a violent felony, as defined in subdivision (c) of Section 667.5. (b) A defendant asserting the affirmative defense specified in subdivision (a) has the burden of establishing the affirmative defense by a preponderance of the evidence. (c) Certified records of a federal, state, tribal, or local court or governmental agency documenting the person’s status as a victim of intimate partner violence or sexual violence at the time of the offense, including identification of a victim of intimate partner violence or sexual violence by a peace officer and certified records of approval notices or enforcement certifications generated from federal immigration proceedings, may be presented to establish an affirmative defense pursuant to this section. Information contained in governmental agency reports, which is relevant to the identification of a victim of intimate partner violence or sexual violence, may be presented pursuant to this subdivision even if the defendant was not then identified as a victim of intimate partner violence or sexual violence. (d) The affirmative defense may be asserted at any time before the entry of a plea of guilty or nolo contendere or admission to the truth of the charges and before the conclusion of any trial for the offense. If asserted before the preliminary hearing held in a case, the affirmative defense shall, upon request by the defendant, be determined at the preliminary hearing. (e) If the defendant prevails on the affirmative defense provided under subdivision (a), the defendant is entitled to all of the following relief: (1) (A) The court shall order that all records in the case be sealed pursuant to Section 851.86. (B) Records that have been sealed pursuant to this paragraph may be accessed, inspected, or utilized by law enforcement for subsequent investigatory purposes involving persons other than the defendant. (2) The person shall be released from all penalties and disabilities resulting from the charge, and all actions and proceedings by law enforcement personnel, courts, or other government employees that led to the charge shall be deemed not to have occurred. (3) (A) The person may in all circumstances state that they have never been arrested for, or charged with, the crime that is the subject of the charge or conviction, including without limitation in response to questions on employment, housing, financial aid, or loan applications. (B) The person may not be denied rights or benefits, including, without limitation, employment, housing, financial aid, welfare, or a loan or other financial accommodation, based on the arrest or charge or their failure or refusal to disclose the existence of or information concerning those events. (C) The person may not be thereafter charged or convicted of perjury or otherwise of giving a false statement by reason of having failed to disclose or acknowledge the existence of the charge, or any arrest, indictment, trial, or other proceedings related thereto. (f) If, in a proceeding pursuant to Section 602 of the Welfare and Institutions Code, the juvenile court finds that the offense on which the proceeding is based was committed as a direct result of the minor being a victim of intimate partner violence or sexual violence, and the affirmative defense established in subdivision (a) is established by a preponderance of the evidence, the court shall dismiss the proceeding and order the relief prescribed in Section 786 of the Welfare and Institutions Code. (Added by Stats. 2021, Ch. 695, Sec. 3. (AB 124) Effective January 1, 2022.)
  23. 236.3.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    If someone is convicted of violating Section 236.1 and real property was used to help commit the offense, nuisance procedures and remedies apply to that property.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.3. Upon conviction of a violation of Section 236.1, if real property is used to facilitate the commission of the offense, the procedures for determining whether the property constitutes a nuisance and the remedies imposed therefor as provided in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 shall apply. (Added by Stats. 2010, Ch. 625, Sec. 1. (SB 677) Effective January 1, 2011.)
  24. 236.4.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    If a person is convicted under Section 236.1, the court may add a fine of up to $1,000,000. Separate prison terms also apply for causing great bodily injury or for certain repeat convictions, and collected fines must go to the Victim-Witness Assistance Fund.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.4. (a) Upon the conviction of a person of a violation of Section 236.1, the court may, in addition to any other penalty, fine, or restitution imposed, order the defendant to pay an additional fine not to exceed one million dollars ($1,000,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances and duration of its commission, the amount of economic gain the defendant derived as a result of the crime, and the extent to which the victim suffered losses as a result of the crime. (b) Any person who inflicts great bodily injury on a victim in the commission or attempted commission of a violation of Section 236.1 shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 7, or 10 years. (c) Any person who has previously been convicted of a violation of any crime specified in Section 236.1 shall receive an additional and consecutive term of imprisonment in the state prison for 5 years for each additional conviction on charges separately brought and tried. (d) Every fine imposed and collected pursuant to Section 236.1 and this section shall be deposited in the Victim-Witness Assistance Fund, to be administered by the California Emergency Management Agency (Cal EMA), to fund grants for services for victims of human trafficking. Seventy percent of the fines collected and deposited shall be granted to public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for trafficked victims. Thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations. (Added November 6, 2012, by initiative Proposition 35, Sec. 8.)
  25. 236.5.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    Law enforcement agencies must issue a trafficking-victim endorsement letter within 15 business days of first contact, using the required federal form and including specified details. If an endorsement is denied, the agency must give the victim a denial letter, and the victim may submit more evidence for reconsideration.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.5. (a) Within 15 business days of the first encounter with a victim of human trafficking, as defined by Section 236.1, law enforcement agencies shall provide brief letters that satisfy the following Law Enforcement Agency (LEA) endorsement regulations as found in paragraph (1) of subdivision (f) of Section 214.11 of Title 8 of the Code of Federal Regulations. (b) The LEA must be submitted on Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, of Form I-914. The LEA endorsement must be filled out completely in accordance with the instructions contained on the form and must attach the results of any name or database inquiry performed. In order to provide persuasive evidence, the LEA endorsement must contain a description of the victimization upon which the application is based, including the dates the trafficking in persons and victimization occurred, and be signed by a supervising official responsible for the investigation or prosecution of trafficking in persons. The LEA endorsement must address whether the victim had been recruited, harbored, transported, provided, or obtained specifically for either labor or services, or for the purposes of a commercial sex act. (c) Where state law enforcement agencies find the grant of a LEA endorsement to be inappropriate for a victim of trafficking in persons, the agency shall within 15 days provide the victim with a letter explaining the grounds of the denial of the LEA. The victim may submit additional evidence to the law enforcement agency, which must reconsider the denial of the LEA within one week of the receipt of additional evidence. (Added by renumbering Section 236.2 by Stats. 2008, Ch. 358, Sec. 3. Effective January 1, 2009.)
  26. 236.6.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    In human trafficking cases, the prosecuting agency may ask the court to freeze or protect property, and it must notify interested persons and follow special claim and hearing rules.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.6. (a) 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 human trafficking under Section 236.1, 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. The filing of the petition shall start a proceeding that shall be pendent to the criminal proceeding and maintained solely to effect the remedies available for this crime, including, but not limited to, payment of restitution and payment of fines. 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 human trafficking under Section 236.1 and shall identify that criminal proceeding and the assets and property to be affected by an order issued pursuant to this section. (b) The prosecuting agency shall, by personal service or registered mail, provide notice of the petition 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 the order 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 his or her claimed interest. The notice shall set forth the time within which a claim of interest in the protected property shall be filed. (c) 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 that 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. (d) If the property to be preserved consists of assets under the control of a banking or financial institution, the prosecuting agency, at the time of filing 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. (e) A person claiming an interest in the protected property or assets 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, whichever is later, 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. (f) 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, any of the following pendente lite orders to preserve the status quo of the property or assets alleged in the petition: (1) An injunction to restrain any person from transferring, encumbering, hypothecating, or otherwise disposing of the property or assets. (2) Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that they 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 property or assets that are subject to the provisions of this section. (3) Requiring 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 Section 236.1. (g) The following procedures shall be followed in processing the petition: (1) No preliminary injunction shall be granted or receiver appointed without notice to the interested parties and a hearing to determine that the order is necessary to preserve the property or assets, pending the outcome of the criminal proceedings. However, a temporary restraining order may be issued pending that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure. 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 human trafficking has taken place and that the amount of restitution and fines established pursuant to subdivision (f) exceeds or equals the worth of the property or 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, 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 a hearing upon the prosecuting agency, in order to determine whether the temporary restraining order should remain in effect, whether relief should be granted from a lis pendens recorded pursuant to subdivision (c), or whether an 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 a 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 human trafficking. (C) The fact that the requested relief is being sought by a public prosecutor on behalf of alleged victims of human trafficking. (D) The likelihood that substantial public harm has occurred where the human trafficking is alleged to have been committed. (E) The significant public interest involved in compensating victims of human trafficking 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, 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 an order releasing property for these purposes. (5) The court, in making its orders, shall seek to protect the interests of innocent third parties, including an innocent spouse, who were not involved in the commission of criminal activity. (6) The orders shall be no more extensive than necessary to effect the remedies available for the crime. In determining the amount of property to be held, the court shall ascertain the amount of fines that are assessed for a violation of this chapter and the amount of possible restitution. (7) A 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. (8) Based upon a noticed motion brought by the receiver appointed pursuant to paragraph (2) of subdivision (f), 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 of the property. 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. (9) The court may make any orders that are necessary to preserve the continuing viability of a lawful business enterprise that is affected by the issuance of a temporary restraining order or preliminary injunction issued pursuant to this section. (10) In making its orders, the court shall seek to prevent the property or 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. (11) A preservation order shall not be issued against an asset of a business that is not likely to be dissipated and that may be subject to levy or attachment to meet the purposes of this section. (h) If the allegation of human trafficking is dismissed or found by the trier of fact to be untrue, a 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, a preliminary injunction or temporary restraining order issued pursuant to this section shall be dissolved. (i) (1) (A) If the defendant is convicted of human trafficking, 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 a restitution order issued pursuant to Section 1202.4 and a fine imposed pursuant to this chapter. (B) 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 a 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 innocent third parties, including an innocent spouse, who were not involved in the commission of criminal activity. (j) 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 necessary repairs, storage, or transportation of property levied upon under this section. (2) To a 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 a victim as restitution for human trafficking that was alleged in the accusatory pleading and that was proven by the prosecution. (4) For payment of a fine imposed. The proceeds obtained in payment of a fine shall be paid in the manner set forth in subdivision (h) of Section 236.1. (Added by Stats. 2012, Ch. 512, Sec. 1. (AB 2466) Effective January 1, 2013.)
  27. 236.7.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section allows courts to seize and forfeit certain property tied to human trafficking involving a commercial sex act with a victim under 18, with exceptions for some real property and a protected vehicle interest.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.7. (a) Any interest in a vehicle, boat, airplane, money, negotiable instruments, securities, real property, or other thing of value that was put to substantial use for the purpose of facilitating the crime of human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (g) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, may be seized and ordered forfeited by the court upon the conviction of a person guilty of human trafficking that involves a commercial sex act where the victim is an individual under 18 years of age, pursuant to Section 236.1. (b) In any case in which a defendant is convicted of human trafficking pursuant to Section 236.1 and an allegation is found to be true that the victim was a person under 18 years of age and the crime involved a commercial sex act, as defined in paragraph (2) of subdivision (g) of Section 236.1, the following assets shall be subject to forfeiture upon proof of the provisions of subdivision (d) of Section 236.9: (1) Any property interest, whether tangible or intangible, acquired through human trafficking that involves a commercial sex act where the victim was less than 18 years of age at the time of the commission of the crime. (2) All proceeds from human trafficking that involves a commercial sex act where the victim was less than 18 years of age at the time of the commission of the crime, which property shall include all things of value that may have been received in exchange for the proceeds immediately derived from the act. (c) If a prosecuting agency petitions for forfeiture of an interest under subdivision (a) or (b), the process prescribed in Sections 236.8 to 236.12, inclusive, shall apply, but no local or state prosecuting agency shall be required to petition for forfeiture in any case. (d) Real property that is used as a family residence or for other lawful purposes, or that is owned by two or more persons, one of whom had no knowledge of its unlawful use, shall not be subject to forfeiture. (e) An interest in a vehicle that may be lawfully driven with a class C, class M1, or class M2 license, as prescribed in Section 12804.9 of the Vehicle Code, may not be forfeited under this section if there is a community property interest in the vehicle by a person other than the defendant and the vehicle is the sole vehicle of this type available to the defendant’s immediate family. (f) Real property subject to forfeiture may not be seized, absent exigent circumstances, without notice to the interested parties and a hearing to determine that seizure is necessary to preserve the property pending the outcome of the proceedings. At the hearing, the prosecution shall bear the burden of establishing that probable cause exists for the forfeiture of the property and that seizure is necessary to preserve the property pending the outcome of the forfeiture proceedings. The court may issue a seizure order pursuant to this section if it finds that seizure is warranted or a pendente lite order pursuant to Section 236.10 if it finds that the status quo or value of the property can be preserved without seizure. (g) For purposes of this section, no allegation or proof of a pattern of criminal profiteering activity is required. (Added by Stats. 2012, Ch. 514, Sec. 2. (SB 1133) Effective January 1, 2013.)
  28. 236.8.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    When a forfeiture petition is filed in certain human trafficking cases, the prosecuting agency must notify interested persons, and for real property it must record a lis pendens.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.8. (a) If the prosecuting agency, in conjunction with the criminal proceeding, files a petition of forfeiture with the superior court of the county in which the defendant has been charged with human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (h) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, 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 or instruments. The 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 notice cannot be given by registered mail or personal delivery, the notice 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 with the county recorder in each county in which the real property is situated that specifically identifies the real property alleged to be subject to forfeiture. The judgment of forfeiture shall not affect the interest in real property of a third party that 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 236.9. (Amended by Stats. 2025, Ch. 67, Sec. 153. (AB 1170) Effective January 1, 2026.)
  29. 236.9.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    This section sets the procedure for claiming an interest in seized property and for forfeiture hearings.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 236.9. (a) A person claiming an interest in the property, proceeds, or instruments 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, proceeds, or instruments. 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 the interest 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, proceeds, or instruments, 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 property alleged in the petition comes within the provisions of Section 236.7. (e) Unless the trier of fact finds that the seized property was used for a purpose for which forfeiture is permitted, the court shall order the seized property released to the person that the court determines is entitled to possession of that property. If the trier of fact finds that the seized property was used for a purpose for which forfeiture is permitted, but does not find that a person who has a valid interest in the property had actual knowledge that the property would be or was used for a purpose for which forfeiture is permitted and consented to that use, the court shall order the property released to the claimant. (Added by Stats. 2012, Ch. 514, Sec. 4. (SB 1133) Effective January 1, 2013.)
  30. 23620.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says the division and certain sections may be cited as the “Aroner-Scott-Hayden Firearms Safety Act of 1999.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23620. This division and Sections 16540, 16610, and 16870 shall be known and may be cited as the “Aroner-Scott-Hayden Firearms Safety Act of 1999.” (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  31. 23625.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section states legislative findings about unintentional child shootings and the need for firearm safety devices.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23625. The Legislature makes the following findings: (a) In the years 1987 to 1996, nearly 2,200 children in the United States under the age of 15 years died in unintentional shootings. In 1996 alone, 138 children were shot and killed unintentionally. Thus, more than 11 children every month, or one child every three days, were shot or killed unintentionally in firearms-related incidents. (b) The United States leads the industrialized world in the rates of children and youth lost to unintentional, firearms-related deaths. A 1997 study from the federal Centers for Disease Control and Prevention reveals that for unintentional firearm-related deaths for children under the age of 15, the rate in the United States was nine times higher than in 25 other industrialized countries combined. (c) While the number of unintentional deaths from firearms is an unacceptable toll on America’s children, nearly eight times that number are treated in U.S. hospital emergency rooms each year for nonfatal unintentional gunshot wounds. (d) A study of unintentional firearm deaths among children in California found that unintentional gunshot wounds most often involve handguns. (e) A study in the December 1995 issue of the Archives of Pediatric and Adolescent Medicine found that children as young as three years old are strong enough to fire most commercially available handguns. The study revealed that 25 percent of three to four year olds and 70 percent of five to six year olds had sufficient finger strength to fire 59 (92 percent) of the 64 commonly available handguns referenced in the study. (f) The Government Accounting Office (GAO), in its March 1991 study, “Accidental Shootings: Many Deaths and Injuries Caused by Firearms Could be Prevented,” estimates that 31 percent of accidental deaths caused by firearms might be prevented by the addition of two safety devices: a child-resistant safety device that automatically engages and a device that indicates whether the gun is loaded. According to the study results, of the 107 unintentional firearms-related fatalities the GAO examined for the calendar years 1988 and 1989, 8 percent could have been prevented had the firearm been equipped with a child-resistant safety device. This 8 percent represents instances in which children under the age of six unintentionally shot and killed themselves or other persons. (g) Currently, firearms are the only products manufactured in the United States that are not subject to minimum safety standards. (h) A 1997 public opinion poll conducted by the National Opinion Research Center at the University of Chicago in conjunction with the Johns Hopkins Center for Gun Policy and Research found that 74 percent of Americans support safety regulation of the firearms industry. (i) Some currently available trigger locks and other similar devices are inadequate to prevent the accidental discharge of the firearms to which they are attached, or to prevent children from gaining access to the 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. 23630.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says the division does not apply to commerce in antique firearms, and it also does not apply to certain firearms intended for salaried, full-time peace officers for law-enforcement use.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23630. (a) This division does not apply to the commerce of any antique firearm. (b) (1) This division does not apply to the commerce of any firearm intended to be used by a salaried, full-time peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, for purposes of law enforcement. (2) Nothing in this division precludes a local government, local agency, or state law enforcement agency from requiring its peace officers to store their firearms in gun safes or attach firearm safety devices to those firearms. (c) As used in this division, the following terms have the following meanings: (1) “Department” means the Department of Justice. (2) “Device” means a firearm safety device as described in Section 23650. (3) “Roster” means the roster of approved devices maintained by the department pursuant to Section 23655. (Amended by Stats. 2024, Ch. 540, Sec. 1. (AB 3064) Effective January 1, 2025.)
  33. 23635.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Firearms sold, transferred, or manufactured in this state generally must be accompanied by an approved firearm safety device, unless a stated exemption applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23635. (a) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device. (b) The sale or transfer of a firearm shall be exempt from subdivision (a) if both of the following apply: (1) The purchaser or transferee owns a gun safe that meets the standards set forth in Section 23650. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the Department of Justice roster. (2) The purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealer’s record of sales of firearms. (c) The sale or transfer of a firearm shall be exempt from subdivision (a) if all of the following apply: (1) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm. (2) The purchaser or transferee presents the approved safety device to the firearms dealer when picking up the firearm. (3) The purchaser or transferee presents an original receipt to the firearms dealer, which shows the date of purchase, the name, and the model number of the safety device. (4) The firearms dealer verifies that the requirements in paragraphs (1) to (3), inclusive, have been satisfied. (5) The firearms dealer maintains a copy of the receipt along with the dealer’s record of sales of firearms. (d) (1) Any long-gun safe commercially sold or transferred in this state, or manufactured in this state for sale in this state, that does not meet the standards for gun safes adopted pursuant to Section 23650 shall be accompanied by the following warning: “WARNING: This gun safe does not meet the safety standards for gun safes specified in California Penal Code Section 23650. It does not satisfy the requirements of Penal Code Section 23635, which mandates that all firearms sold in California be accompanied by a firearm safety device or proof of ownership, as required by law, of a gun safe that meets the Section 23650 minimum safety standards developed by the California Attorney General.” (2) This warning shall be conspicuously displayed in its entirety on the principal display panel of the gun safe’s package, on any descriptive materials that accompany the gun safe, and on a label affixed to the front of the gun safe. (3) This warning shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto. (e) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall be accompanied by warning language or a label as described in Section 23640. (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. 23640.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Licensed manufacturers and dealers must include a specified firearm warning label on packaging and related materials, or attach the warning to the firearm itself if there is no packaging.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23640. (a) (1) The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer or licensed dealer, shall bear a label containing the following warning statement: WARNING Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you may be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison. If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255). (2) A yellow triangle containing an exclamation mark shall appear immediately before the word “Warning” on the label. (b) If the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General. (c) The warning statement required under subdivisions (a) and (b) shall satisfy both of the following requirements: (1) It shall be displayed in its entirety on the principal display panel of the firearm’s package, and on any descriptive materials that accompany the firearm. (2) It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with Section 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto. (3) This section shall become operative on June 1, 2020. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 729, Sec. 2. (AB 645) Effective January 1, 2020. Section operative June 1, 2020, by its own provisions.)
  35. 23645.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Violations of Sections 23635 or 23640 are punishable by a $1,000 fine, with extra consequences for second and third violations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000). (b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000). (c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this state. (2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this state. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  36. 23650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must develop regulations for a minimum firearm safety standard and meet listed content and timing requirements.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23650. (a) The Attorney General shall develop regulations to implement a minimum safety standard for firearm safety devices and gun safes to significantly reduce the risk of firearm-related injuries to children 17 years of age and younger. The final standard shall do all of the following: (1) Address the risk of injury from unintentional gunshot wounds. (2) Address the risk of injury from self-inflicted gunshot wounds by unauthorized users. (3) Include provisions to ensure that all firearm safety devices and gun safes are reusable and of adequate quality and construction to prevent children and unauthorized users from firing the firearm and to ensure that these devices cannot be readily removed from the firearm or that the firearm cannot be readily removed from the gun safe except by an authorized user utilizing the key, combination, or other method of access intended by the manufacturer of the device. (4) Include additional provisions as appropriate. (b) The Attorney General may consult, for the purposes of guidance in development of the standards, test protocols such as those described in Title 16 (commencing with Part 1700) of the Code of Federal Regulations, relating to poison prevention packaging standards. These protocols may be consulted to provide suggestions for potential methods to utilize in developing standards and shall serve as guidance only. The Attorney General shall also give appropriate consideration to the use of devices that are not detachable, but are permanently installed and incorporated into the design of a firearm. (c) The Attorney General shall commence development of regulations under this section no later than January 1, 2000. The Attorney General shall adopt and issue regulations implementing a final standard no later than January 1, 2001. The Attorney General shall report to the Legislature on these standards by January 1, 2001. The final standard shall be effective January 1, 2002. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  37. 23655.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice certifies testing laboratories and manages a roster of approved firearm safety devices, with related testing, fee, labeling, and removal rules.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23655. (a) The Department of Justice shall certify laboratories to verify compliance with standards for firearm safety devices set forth in Section 23650. (b) The department may charge any laboratory that is seeking certification to test devices a fee not exceeding the costs of certification, including costs associated with laboratory inspections and development and approval of regulations and standards pursuant to Section 23650. (c) The certified laboratory shall, at the manufacturer’s or dealer’s expense, test a device and submit a copy of the final test report directly to the department, regardless of whether the device has passed or failed to meet standards, along with, for those devices that have passed, one prototype of the device. The department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with Section 23658 and to assist the department with any determinations made pursuant to Section 23680. The department shall notify the manufacturer or dealer of its receipt of the final test report and the department’s determination as to whether the device tested may be sold in this state. (d) (1) The department shall compile, publish, and maintain a roster listing all of the devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for devices, and may be sold in this state. (2) A device shall not be added to the roster after January 1, 2025, unless the entity seeking the listing has complied with all applicable provisions of Sections 2105, 15909.02, 16959, and 17708.02 of the Corporations Code. (3) Commencing on January 1, 2026, the department may, for each device on the roster for which a prototype has been submitted to the department, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an annual fee not to exceed the reasonable costs of storage of prototype devices, as required by subdivision (c) and by subdivision (d) of Section 23658. (4) The fee described in paragraph (3) shall be paid no later than on the first business day of each calendar year. (5) The department may remove from the roster any device for which the fee described in paragraph (3) has not been paid. (6) The department may remove from the roster any device that the department determines is being sold or otherwise provided to the public in a form that has been modified from the form that was tested and approved. (e) The department may, for each device listed on the roster after January 1, 2026, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the final test report described in subdivision (c) and determining whether the device meets the department’s standards for devices approved to be sold in this state and reasonable costs associated with the storage and transportation of the submitted prototypes. (f) (1) The roster shall list, for each device, the manufacturer, model number, and model name. (2) A device shall not be added to the roster after January 1, 2026, unless the name of the manufacturer, the model number, and the model name, as they appear on the roster, are engraved or otherwise permanently affixed to the device. (g) (1) The department may randomly retest samples obtained from sources other than directly from the manufacturer of the device listed on the roster to ensure compliance with the requirements of this division. (2) Devices used for random sample testing and obtained from sources other than the manufacturer shall be in new, unused condition, and still in the manufacturer’s original and unopened package. (3) The department may remove from the roster any device it determines does not meet established standards based upon further testing. (Amended by Stats. 2024, Ch. 540, Sec. 2. (AB 3064) Effective January 1, 2025.)
  38. 23656.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A listing entity may seek reinstatement of a device on the roster by submitting the required fee and request materials, and the department must reinstate the device if 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23656. (a) If a device is removed from the roster pursuant to paragraph (5) of subdivision (d) of Section 23655, the listing entity may request that the device be reinstated on the roster by submitting the delinquent annual listing fee and a written request to the department stating that no modifications have been made to the device. The department shall reinstate the device on the roster upon approval of the written request. (b) If a device is removed from the roster pursuant to paragraph (6) of subdivision (d) of, or paragraph (3) of subdivision (g) of, Section 23655, the listing entity may submit a petition for reinstatement to the department and submit the device for testing pursuant to Section 23655. If the device passes laboratory testing and the department determines the device is otherwise in compliance with this division, the department shall reinstate the device on the roster after the listing entity pays the fee described in subdivision (e) of Section 23655. (c) This section does not preclude the department from retesting any listed device at any time. (Added by Stats. 2024, Ch. 540, Sec. 3. (AB 3064) Effective January 1, 2025.)
  39. 23658.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department may approve and roster certain untested devices if they are only minor variants of a listed model from the same manufacturer. Manufacturers seeking approval must submit specified model details and a signed statement. The department must review submissions case by case and may request a prototype. Starting January 1, 2026, the department may charge a roster listing fee, capped at reasonable review costs.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23658. (a) The department may approve a device not tested by a certified laboratory and list that device on the roster if a model of the device made by the same manufacturer is already listed on the roster and the unlisted device differs from the listed device in only one or more of the following features: (1) Finish, including, but not limited to, color or engraving. (2) Any feature that does not in any way alter the material or functioning of any of the components of the device. A device with changes in dimensions may be approved by the department without additional testing on a case-by-case basis when the dimensional changes do not alter the weight of the device, the size of the door, or the functioning of the internal locking mechanisms or locking bolts. (3) Any change in name or model number that does not affect the design or function of the device. (4) Any engraved or permanently affixed marking added pursuant to paragraph (2) of subdivision (f) of Section 23655. (b) Any manufacturer seeking to have a device approved pursuant to this section shall provide the department with all of the following: (1) The model name and model number of the device that is already listed on the roster. (2) The model name and model number of each device the manufacturer seeks to have listed pursuant to this section. (3) A statement, signed under penalty of perjury, that each unlisted device for which listing is sought differs from the device listed on the roster only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed device. For each unlisted device, the statement shall also identify each difference between the unlisted device and the device listed on the roster. (c) The department shall review each device submitted pursuant to this section on a case-by-case basis, including comparing the unlisted device to the listed device when necessary, to determine whether new testing by a certified testing laboratory is required. (d) The department may, at its discretion and at any time, require a manufacturer to provide to the department a prototype of any device model for which listing on the roster is sought pursuant to this section. If the department requests and receives a prototype device, and the device is listed on the roster pursuant to subdivision (a), the department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with this section and to assist the department with any determinations made pursuant to Section 23680. (e) Commencing on January 1, 2026, the department may, for each device listed on the roster pursuant to this section, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the device and the manufacturer’s related submissions as required under this section and pursuant to subdivision (e) of Section 23655. (Added by Stats. 2024, Ch. 540, Sec. 4. (AB 3064) Effective January 1, 2025.)
  40. 23660.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may not sell, offer, expose for sale, or distribute certain firearm safety devices unless they are listed on the roster and comply with adopted standards.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23660. (a) No person shall keep for commercial sale, offer, or expose for commercial sale, or commercially sell any firearm safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 23655, or that does not comply with the standards for firearm safety devices adopted pursuant to Section 23650. (b) No person may distribute as part of an organized firearm safety program, with or without consideration, any firearm safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 23655, or that does not comply with the standards for firearm safety devices adopted pursuant to Section 23650. (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. 23665.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section bars making or selling noncompliant long-gun safes, unless the safe is properly labeled as required.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23665. (a) No long-gun safe may be manufactured in this state for sale in this state that does not comply with the standards for gun safes adopted pursuant to Section 23650, unless the long-gun safe is labeled by the manufacturer consistent with the requirements of Section 23635. (b) (1) Any person who keeps for commercial sale, offers, or exposes for commercial sale, or who commercially sells a long-gun safe that does not comply with the standards for gun safes adopted pursuant to Section 23650, and who knows or has reason to know, that the long-gun safe in question does not meet the standards for gun safes adopted pursuant to Section 23650, is in violation of this section, and is punishable as provided in Section 23670, unless the long-gun safe is labeled pursuant to Section 23635. (2) Any person who keeps for commercial sale, offers, or exposes for commercial sale, or who commercially sells a long-gun safe that does not comply with the standards for gun safes adopted pursuant to Section 23650, and who removes or causes to be removed, from the long-gun safe, the label required pursuant to Section 23635, is in violation of this section, and is punishable as provided in Section 23670. (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. 23670.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section sets civil fines for violations of Sections 23660 and 23665, with higher penalties for repeat violations, and lets specified public attorneys bring civil actions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23670. (a) (1) A violation of Section 23660 or 23665 is punishable by a civil fine of up to five hundred dollars ($500). (2) A second violation of any of those sections, which occurs within five years of the date of a previous offense, is punishable by a civil fine of up to one thousand dollars ($1,000) and, if the violation is committed by a licensed firearms dealer, the dealer shall be ineligible to sell firearms in this state for 30 days. (3) A third or subsequent violation that occurs within five years of two or more previous offenses is punishable by a civil fine of up to five thousand dollars ($5,000) and, if the violation is committed by a licensed firearms dealer, the firearms dealer shall be permanently ineligible to sell firearms in this state. (b) The Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of Section 23660 or 23665. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  43. 23675.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Complying with this division does not prevent a person from being liable under other law.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23675. Compliance with the requirements set forth in this division does not relieve any person from liability to any other person as may be imposed pursuant to common law, statutory law, or local ordinance. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  44. 23680.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires a manufacturer to tell the department about certain device recalls within 7 days, and lets the department remove recalled devices from the roster or order recall, replacement, or conformity fixes.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23680. (a) (1) If a firearm safety device on the roster is recalled by the United States Consumer Product Safety Commission, or by any other state or federal government entity, the manufacturer of that device must notify the department of the recall within seven days of public notice of the recall. (2) The department may remove from the roster a device that is the subject of a recall by the United States Consumer Product Safety Commission or any other state or federal government entity. (b) If at any time the department determines that a gun safe or firearm safety device subject to the provisions of this division and sold after January 1, 2002, does not conform with the standards required by subdivision (a) of Section 23635 or Section 23650, the department may order the recall and replacement of the gun safe or firearm safety device, or order that the gun safe or firearm safety device be brought into conformity with those requirements. (c) If the department determines that the firearm safety device can be separated and reattached to the firearm without damaging the firearm, the licensed manufacturer or licensed firearms dealer shall immediately provide a conforming replacement as instructed by the department. (d) If the department determines that the firearm safety device cannot be separated from the firearm without damaging the firearm, the department may order the recall and replacement of the firearm. (Amended by Stats. 2024, Ch. 540, Sec. 5. (AB 3064) Effective January 1, 2025.)
  45. 23685.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A lead law enforcement agency investigating an incident must report certain gunshot-wound information about a child 18 or younger to the State Department of Health Services.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23685. Each lead law enforcement agency investigating an incident shall report to the State Department of Health Services any information obtained that reasonably supports the conclusion that a child 18 years of age or younger suffered an unintentional or self-inflicted gunshot wound inflicted by a firearm that was sold or transferred in this state, or manufactured in this state. The report shall also indicate whether as a result of that incident the child died, suffered serious injury, or was treated for an injury by a medical professional. (Amended by Stats. 2018, Ch. 185, Sec. 6. (AB 2176) Effective January 1, 2019.)
  46. 23690.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice may require dealers to charge a fee on each firearm transaction, capped at $1 unless increased within specified limits.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620 - 23690] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23690. (a) (1) The Department of Justice may require each dealer to charge each firearm purchaser or transferee a fee not to exceed one dollar ($1) for each firearm transaction, except that the Department of Justice may increase the fee at a rate not to exceed any increase in the California Consumer Price Index, as compiled and reported by the Department of Industrial Relations, and not to exceed the reasonable cost of regulation to the Department of Justice. (2) The fee shall be for the purpose of supporting department program costs related to this act, including the establishment, maintenance, and upgrading of related database systems and public rosters. (b) (1) There is hereby created within the General Fund the Firearm Safety Account. (2) Revenue from the fee imposed by subdivision (a) shall be deposited into the Firearm Safety Account and shall be available for expenditure by the Department of Justice upon appropriation by the Legislature. (3) Expenditures from the Firearm Safety Account shall be limited to program expenditures as defined by subdivision (a). (Amended by Stats. 2016, Ch. 33, Sec. 37. (SB 843) Effective June 27, 2016.)
  47. 237.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. )

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    False imprisonment is punishable by a fine, jail time, or both; more serious forms involving violence, menace, fraud, or deceit are punished under other sentencing provisions.

    ## 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 8. False Imprisonment and Human Trafficking [236 - 237] ( Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. 5. ) ## 237. (a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170. (b) False imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit shall be punishable as described in subdivision (f) of Section 368. (Amended by Stats. 2011, Ch. 15, Sec. 288. (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.)
  48. 23800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Provisions [23800- 23800.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who commercially handles a firearm with an exterior colored bright orange or bright green may be liable for a civil fine of up to $10,000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Provisions [23800- 23800.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23800. Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives a firearm, where the coloration of the entire exterior surface of the firearm is bright orange or bright green, either singly, in combination, or as the predominant color in combination with other colors in any pattern, is liable for a civil fine in an action brought by the city attorney of the city, or the district attorney for the county, of not more than ten thousand dollars ($10,000). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  49. 23900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person must not change or remove firearm identification marks unless they first get written permission from the department.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23900. Any person who changes, alters, removes, or obliterates the name of the maker, model, manufacturer’s number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, on any pistol, revolver, or any other firearm, without first having secured written permission from the department to make that change, alteration, or removal shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 540. (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.)
  50. 23910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice may, upon request, assign a distinguishing number or mark of identification to a firearm 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23910. The Department of Justice, upon request, may assign a distinguishing number or mark of identification to any firearm whenever the firearm lacks a manufacturer’s number or other mark of identification. Whenever the manufacturer’s number or other mark of identification or a distinguishing number or mark assigned by the department has been destroyed or obliterated, the Department of Justice, upon request, may assign a distinguishing number or mark of identification to any firearm in accordance with Section 29182. (Amended by Stats. 2022, Ch. 76, Sec. 11. (AB 1621) Effective June 30, 2022.)
  51. 23915.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may mark a pistol, revolver, or other firearm with a number or identifying mark, so long as it does not alter or obliterate the maker’s identifying marks. The owner may restore identifying marks if authorized by the department, and a manufacturer may add identifying marks on a new firearm in the ordinary course of business.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23915. (a) Any person may place or stamp on any pistol, revolver, or other firearm any number or identifying indicium, provided the number or identifying indicium does not change, alter, remove, or obliterate the manufacturer’s name, number, model, or other mark of identification. (b) This section does not prohibit restoration by the owner of the name of the maker or model, or of the original manufacturer’s number or other mark of identification, when that restoration is authorized by the department. (c) This section does not prevent any manufacturer from placing in the ordinary course of business the name of the maker, model, manufacturer’s number, or other mark of identification upon a new 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.)
  52. 23920.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section makes it a misdemeanor for a person to handle, sell, or possess certain firearms with removed or altered identifying marks, and for knowingly possessing a firearm without a valid serial number or mark after January 1, 2024, subject to Section 23925.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23920. (a) Except as provided in Section 23925, any person who, with knowledge of any change, alteration, removal, or obliteration described in this section, buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model, or the manufacturer’s number or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, changed, altered, removed, or obliterated, is guilty of a misdemeanor. (b) Except as provided in Section 23925, any person who, on or after January 1, 2024, knowingly possesses any firearm that does not have a valid state or federal serial number or mark of identification is guilty of a misdemeanor. (Amended by Stats. 2022, Ch. 76, Sec. 12. (AB 1621) Effective June 30, 2022.)
  53. 23925.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section lists situations where Section 23920 does not apply to certain firearm acquisition, possession, transport, or disposition activities.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Obliteration of Identification Marks [23900 - 23925] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 23925. (a) Section 23920 does not apply to any of the following: (1) The acquisition or possession of a firearm described in Section 23920 by any member of the military forces of this state or of the United States, while on duty and acting within the scope and course of employment. (2) The acquisition or possession of a firearm described in Section 23920 by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of employment. (3) The acquisition or possession of a firearm described in Section 23920 by any employee of a forensic laboratory, while on duty and acting within the scope and course of employment. (4) The possession and disposition of a firearm described in Section 23920 by a person who meets all of the following: (A) The person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (B) The person possessed the firearm no longer than was necessary to deliver 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 in order to deliver it to the agency for the agency’s disposition according to law. (D) If the person is transporting the firearm to a law enforcement agency, the person has given prior notice to the agency that the person is transporting the firearm to that agency for the agency’s disposition according to law. (E) The firearm is transported in a locked container as defined in Section 16850. (b) Subdivision (b) of Section 23920 does not apply to any of the following: (1) The possession of a firearm that was made or assembled prior to December 16, 1968, and is not a handgun. (2) The possession of a firearm that has been entered, before July 1, 2018, into the centralized registry set forth in Section 11106, as being owned by a specific individual or entity, if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry. (3) The possession of a firearm that is a curio or relic, or an antique firearm, as those terms are defined in Section 479.11 of Title 27 of the Code of Federal Regulations. (4) The possession of a firearm by a federally licensed firearms manufacturer or importer, or any other federal licensee authorized to serialize firearms. (5) The possession of a firearm by a person who, before January 1, 2024, has applied to the Department of Justice for a unique serial number or mark of identification, pursuant to Section 29180, and fully complies with the provisions of that section, including imprinting the serial number or mark of identification onto the firearm within 10 days after receiving the serial number or mark of identification from the department. (6) (A) The possession of a firearm by a new resident who, pursuant to Section 29180, applies for a unique serial number or other mark of identification from the Department of Justice within 60 days after arrival in the state, for any firearm the resident wishes to legally possess in the state that does not have a valid state or federal serial number or mark of identification, and who fully complies with the provisions of that section, including imprinting the serial number or mark of identification onto the firearm within 10 days after receiving the serial number or mark of identification from the department. (B) The good faith effort by a new resident to apply for a unique serial number or other mark of identification after the expiration of the 60-day period specified in this paragraph, or any other person’s good faith effort to apply for a unique serial number or mark of identification for a firearm that does not have a valid state or federal serial number or other mark of identification, shall not constitute probable cause for a violation of Section 23920. (7) The possession of a firearm by a nonresident of this state who is traveling with a firearm in this state in accordance with the provisions of Section 926A of Title 18 of the United States Code, or who possesses or imports a firearm into this state exclusively for use in an organized sport shooting event or competition. (Amended by Stats. 2022, Ch. 76, Sec. 13. (AB 1621) Effective June 30, 2022.)
  54. 240.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    This section defines assault as an unlawful attempt, with the present ability, to commit a violent injury on another person.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Enacted 1872.)
  55. 241.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Assault is punishable by a fine, jail time, or both; higher penalties apply when the victim is certain listed public safety or health workers and the offender knows or should know their status.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (b) When an assault is committed against the person of a parking control officer engaged in the performance of their duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (c) When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (d) As used in this section, the following definitions apply: (1) Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) “Emergency medical technician” means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license under the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (3) “Nurse” means a person who possesses a valid certificate or license under the standards of Chapter 6 (commencing with Section 2700) or 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code or a nurse of a hospital engaged in providing services within the emergency department. (4) “Lifeguard” means a person who is: (A) Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations. (B) Wearing distinctive clothing which includes written identification of the person’s status as a lifeguard and which clearly identifies the employing organization. (5) “Process server” means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code. (6) “Traffic officer” means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles. (7) “Animal control officer” means any person employed by a county or city for purposes of enforcing animal control laws or regulations. (8) (A) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints. (B) “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (9) “Parking control officer” means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking. (10) “Search and rescue member” means any person who is part of an organized search and rescue team managed by a governmental agency. (11) “Health care worker” means a person who, in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital’s emergency department or the department’s security. (Amended by Stats. 2024, Ch. 937, Sec. 2. (AB 977) Effective January 1, 2025.)
  56. 241.1.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    An assault against a custodial officer, when the offender knows or should know the victim is a custodial officer doing official duties, is punishable by jail or prison time.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.1. When an assault is committed against the person of a custodial officer as defined in Section 831 or 831.5, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 289. (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.)
  57. 241.2.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    An assault on school or park property against any person is punishable by a fine, jail time, or both. If a minor commits a violation on school property, the court may also order counseling at the parents’ expense.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.2. (a) (1) When an assault is committed on school or park property against any person, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section. (b) “School,” as used in this section, means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college. (c) “Park,” as used in this section, means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events. (Amended by Stats. 2001, Ch. 484, Sec. 2. Effective January 1, 2002.)
  58. 241.3.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    An assault against a person on a public transportation provider’s property or motor vehicle is punishable by a fine, jail time, or both.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.3. (a) When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment. (b) As used in this section, “public transportation provider” means a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a schoolbus. (c) As used in this section, “on the property of” means the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system. (Repealed and added by Stats. 1996, Ch. 423, Sec. 2. Effective January 1, 1997.)
  59. 241.4.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Assault is punishable by a fine, county jail time, or both; assaults against certain peace officers can carry a longer jail term.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.4. An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. When the assault is committed against the person of a peace officer engaged in the performance of his or her duties as a member of a police department of a school district pursuant to Section 38000 of the Education Code, and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 290. (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.)
  60. 241.5.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    An assault on a highway worker performing duties can be punished by a fine, county jail time, or both, if the offender knew or reasonably should have known the victim was a highway worker on duty.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.5. (a) When an assault is committed against a highway worker engaged in the performance of his or her duties and the person committing the offense knows or reasonably should know that the victim is a highway worker engaged in the performance of his or her duties, the offense shall be punishable by a fine not to exceed two thousand dollars ($2,000) or by imprisonment in a county jail up to one year or by both that fine and imprisonment. (b) As used in this section, “highway worker” means an employee of the Department of Transportation, a contractor or employee of a contractor while working under contract with the Department of Transportation, an employee of a city, county, or city and county, a contractor or employee of a contractor while working under contract with a city, county, or city and county, or a volunteer as defined in Section 1720.4 of the Labor Code who does one or more of the following: (1) Performs maintenance, repair, or construction of state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones. (2) Operates equipment on state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones. (3) Performs any related maintenance work, as required, on state highway or local street or road infrastructures in highway or local street or road work zones. (Amended by Stats. 2009, Ch. 116, Sec. 1. (AB 561) Effective January 1, 2010.)
  61. 241.6.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    An assault against a school employee, when the offender knows or should know the victim is a school employee, can be punished by jail, a fine, or both.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.6. When an assault is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of his or her duties, whether on or off campus, during the schoolday or at any other time, and the person committing the offense knows or reasonably should know the victim is a school employee, the assault is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both the fine and imprisonment. For purposes of this section, “school employee” has the same meaning as defined in subdivision (d) of Section 245.5. This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute. (Amended by Stats. 1993, Ch. 1257, Sec. 5. Effective January 1, 1994.)
  62. 241.7.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A party to a civil or criminal jury case must not assault a juror or alternate juror selected and sworn in that case, while the case is pending or after trial.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.7. Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after the conclusion of the trial, commits an assault against any juror or alternate juror who was selected and sworn in that legal action, shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 291. (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.)
  63. 241.8.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A person who assaults a member of the United States Armed Forces because of that person’s service may be fined, jailed, or both.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 241.8. (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. (b) “Because of” means that the bias motivation must be a cause in fact of the assault, whether or not other causes exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the assault. (Added by Stats. 2003, Ch. 138, Sec. 1. Effective January 1, 2004.)
  64. 242.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    This section defines battery as the willful and unlawful use of force or violence on another person.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 242. A battery is any willful and unlawful use of force or violence upon the person of another. (Enacted 1872.)
  65. 243.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery is punishable by fines, jail time, or both, with higher penalties for certain protected victims and for cases involving injury or serious bodily injury.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243. (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (b) When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of them as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of their duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (c) (1) When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of their duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of their duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. (2) When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of their duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of them as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of their duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment. (d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (e) (1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution. (2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements: (A) That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000). (B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. For any order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. (3) Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence. (4) The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed. (5) If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of their right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. (f) As used in this section: (1) “Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) “Emergency medical technician” means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license under the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (3) “Nurse” means a person who possesses a valid certificate or license under the standards of Chapter 6 (commencing with Section 2700) or 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code or a nurse of a hospital engaged in providing services within the emergency department. (4) “Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. (5) “Injury” means any physical injury which requires professional medical treatment. (6) “Custodial officer” means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer. (7) “Lifeguard” means a person defined in paragraph (5) of subdivision (d) of Section 241. (8) “Traffic officer” means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles. (9) “Animal control officer” means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations. (10) “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations. (11) (A) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints. (B) “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (12) “Custody assistant” means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county. (13) “Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency. (14) “Security officer” means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county. (15) “Health care worker” means a person who, in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital’s emergency department or the department’s security. (g) It is the intent of the Legislature by amendments to this section at the 1981–82 and 1983–84 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment. (Amended by Stats. 2024, Ch. 937, Sec. 3. (AB 977) Effective January 1, 2025.)
  66. 243.1.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery against a custodial officer, when the offender knows or should know the victim is a custodial officer on duty, is punishable by imprisonment.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.1. When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 293. (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.)
  67. 243.10.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A person must not commit battery against a member of the U.S. Armed Forces because of that person’s military service.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.10. (a) Any person who commits a battery against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. (b) “Because of” means that the bias motivation must be a cause in fact of the battery, whether or not other causes exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the battery. (Added by Stats. 2003, Ch. 138, Sec. 2. Effective January 1, 2004.)
  68. 243.15.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    People confined in certain California jails, industrial farms, or industrial road camps must not commit battery on someone who is not also confined or sentenced there.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.15. Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year. (Added by renumbering Section 4131.5 by Stats. 2015, Ch. 499, Sec. 4. (SB 795) Effective January 1, 2016.)
  69. 243.2.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery on school, park, or hospital property is punishable by a fine, jail, or both; minors may also be ordered to attend counseling.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.2. (a) (1) Except as otherwise provided in Section 243.6, when a battery is committed on school property, park property, or the grounds of a public or private hospital, against any person, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment. (2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section. (b) For the purposes of this section, the following terms have the following meanings: (1) “Hospital” means a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, the licensure requirements of Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (2) “Park” means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events. (3) “School” means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college. (c) This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute. (Amended by Stats. 2001, Ch. 484, Sec. 3. Effective January 1, 2002.)
  70. 243.25.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery against an elder or dependent adult, when committed with knowledge of the victim’s status, is punishable by a fine, county jail time, or both.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.25. When a battery is committed against the person of an elder or a dependent adult as defined in Section 368, with knowledge that he or she is an elder or a dependent adult, the offense shall be punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (Added by Stats. 2002, Ch. 369, Sec. 1. Effective January 1, 2003.)
  71. 243.3.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery against specified transit-related workers, passengers, and related personnel is punishable by a fine, jail, or both; if injury is caused, the punishment can be increased.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.3. If a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a schoolbus driver, or against the person of a station agent or ticket agent for the entity providing the transportation, or against a public transportation provider, or against an employee or contractor of a public transportation provider, and the person who commits the offense knows or reasonably should know that the victim, in the case of an operator, driver, or agent, employee, or contractor, is engaged in the performance of their duties, or is a passenger the offense shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. If an injury is inflicted on that victim, the offense shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or two or three years, or by both that fine and imprisonment. (Amended by Stats. 2025, Ch. 147, Sec. 2. (AB 394) Effective January 1, 2026.)
  72. 243.35.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery on public-transportation property or in a public-transportation vehicle is punishable by a fine, jail, or both, except as provided in Section 243.3.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.35. (a) Except as provided in Section 243.3, when a battery is committed against any person on the property of, or in a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment. (b) As used in this section, “public transportation provider” means a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a schoolbus. (c) As used in this section, “on the property of” means the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system. (Added by Stats. 1996, Ch. 423, Sec. 3. Effective January 1, 1997.)
  73. 243.4.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.4. (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000). (b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000). (c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000). (d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000). (e) (1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, or any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by the Legislature, distributed to the Civil Rights Department for the purpose of enforcement of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe sexual harassment in places of employment. However, in no event shall an amount over two thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any restitution fines that may have been imposed upon the defendant, have been paid in full. (2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. (f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense. (g) As used in this section, the following terms have the following meanings: (1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female. (2) “Sexual battery” does not include the crimes defined in Section 261 or 289. (3) “Seriously disabled” means a person with severe physical or sensory disabilities. (4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication. (5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility, nursing home, acute care facility, or mental hospital. (6) “Minor” means a person under 18 years of age. (h) This section does not limit or prevent prosecution under any other law which also proscribes a course of conduct that also is proscribed by this section. (i) In the case of a felony conviction for a violation of this section, the fact that the defendant was an employer and the victim was an employee of the defendant shall be a factor in aggravation in sentencing. (j) In the case of a felony conviction for a violation of this section, the fact that the defendant was employed at a hospital, as defined in Section 243.2, where the offense occurred and the victim was in the defendant’s care or seeking medical care at the hospital shall be a factor in aggravation in sentencing. (k) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the person has a prior felony conviction for a violation of this section shall be guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000). (Amended by Stats. 2025, Ch. 625, Sec. 1. (AB 848) Effective January 1, 2026.)
  74. 243.5.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A peace officer may arrest, without a warrant, a person who commits assault or battery on school property while school activities are being conducted.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.5. (a) When a person commits an assault or battery on school property during hours when school activities are being conducted, a peace officer may, without a warrant, notwithstanding paragraph (2) or (3) of subdivision (a) of Section 836, arrest the person who commits the assault or battery: (1) Whenever the person has committed the assault or battery, although not in the peace officer’s presence. (2) Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (b) “School,” as used in this section, means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college. (Amended by Stats. 1997, Ch. 324, Sec. 2. Effective January 1, 1998.)
  75. 243.6.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A battery against a school employee, or in retaliation for duties performed, can be punished more severely if the offender knew or should have known the victim was a school employee.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.6. When a battery is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of his or her duties, whether on or off campus, during the schoolday or at any other time, and the person committing the offense knows or reasonably should know that the victim is a school employee, the battery is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both the fine and imprisonment. However, if an injury is inflicted on the victim, the battery shall be punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than two thousand dollars ($2,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. For purposes of this section, “school employee” has the same meaning as defined in subdivision (d) of Section 245.5. This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute. (Amended by Stats. 2011, Ch. 15, Sec. 294. (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.)
  76. 243.65.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A battery against a highway worker, when the offender knows or should know the victim is a highway worker on duty, is punishable by a fine, jail time, or both.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.65. (a) When a battery is committed against the person of a highway worker engaged in the performance of his or her duties and the person committing the offense knows or reasonably should know that the victim is a highway worker engaged in the performance of his or her duties, the offense shall be punished by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (b) As used in this section, “highway worker” means an employee of the Department of Transportation, a contractor or employee of a contractor while working under contract with the Department of Transportation, an employee of a city, county, or city and county, a contractor or employee of a contractor while working under contract with a city, county, or city and county, or a volunteer as defined in Section 1720.4 of the Labor Code who does one or more of the following: (1) Performs maintenance, repair, or construction of state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones. (2) Operates equipment on state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones. (3) Performs any related maintenance work, as required, on state highway or local street or road infrastructures in highway or local street or road work zones. (Amended by Stats. 2009, Ch. 116, Sec. 2. (AB 561) Effective January 1, 2010.)
  77. 243.7.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A party to a civil or criminal case with a selected jury must not commit battery against a juror or alternate juror, during the case or after trial.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.7. Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after the conclusion of the trial commits a battery against any juror or alternate juror who was selected and sworn in that legal action shall be punished by a fine not to exceed five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by the imprisonment in the state prison for 16 months, or for two or three years. (Added by Stats. 1986, Ch. 616, Sec. 3.)
  78. 243.8.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Battery against a sports official during or around an athletic contest can be punished by a fine, jail time, or both.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.8. (a) When a battery is committed against a sports official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the sports official is participating, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of his or her duties, the offense shall be punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (b) For purposes of this section, “sports official” means any individual who serves as a referee, umpire, linesman, or who serves in a similar capacity but may be known by a different title or name and is duly registered by, or a member of, a local, state, regional, or national organization engaged in part in providing education and training to sports officials. (Added by Stats. 1991, Ch. 575, Sec. 1.)
  79. 243.83.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    At professional sporting events, attendees must not throw objects onto the court or field or enter the playing area without permission. Facility owners must post a notice about the ban and the penalty.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.83. (a) It is unlawful for any person attending a professional sporting event to do any of the following: (1) Throw any object on or across the court or field of play with the intent to interfere with play or distract a player. (2) Enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until the participants of play have completed the playing time of the sporting event. (b) (1) The owner of the facility in which a professional sporting event is to be held shall provide a notice specifying the unlawful activity prohibited by this section and the punishment for engaging in that prohibited activity. (2) The notice shall be prominently displayed throughout the facility or may be provided by some other manner, such as on a big screen or by a general public announcement. In addition, notice shall be posted at all controlled entry areas of the sporting facility. (3) Failure to provide the notice shall not be a defense to a violation of this section. (c) For the purposes of this section, the following terms have the following meanings: (1) “Player” includes any authorized participant of play, including, but not limited to, team members, referees however designated, and support staff, whether or not any of those persons receive compensation. (2) “Professional sporting event” means a scheduled sporting event involving a professional sports team or organization or a professional athlete for which an admission fee is charged to the public. (d) A violation of subdivision (a) is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). The fine shall not be subject to penalty assessments as provided in Section 1464 or 1465.7 of this code or Section 76000 of the Government Code. (e) This section shall apply to attendees at professional sporting events; this section shall not apply to players or to sports officials, as defined in Section 243.8. (f) Nothing in this section shall be construed to limit or prevent prosecution under any applicable provision of law. (Added by Stats. 2003, Ch. 818, Sec. 1. Effective January 1, 2004.)
  80. 243.85.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    The owner of a professional sports facility must post security contact notices in specified visible areas.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.85. The owner of any professional sports facility shall post, visible from a majority of the seating in the stands at all times, at controlled entry areas, and at parking facilities that are part of the professional sports facility, written notices displaying the text message number and telephone number to contact security in order to report a violent act. (Added by Stats. 2012, Ch. 261, Sec. 1. (AB 2464) Effective January 1, 2013.)
  81. 243.9.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    People confined in a local detention facility must not commit battery by gassing on a peace officer or facility employee, and violations can lead to jail or prison terms.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 243.9. (a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. (b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes. (c) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or his or her designee, may, when he or she deems it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for hepatitis or tuberculosis or both hepatitis and tuberculosis on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section. (d) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution. (e) Nothing in this section shall preclude prosecution under both this section and any other provision of law. (Added by Stats. 2000, Ch. 627, Sec. 1. Effective January 1, 2001.)
  82. 24310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Camouflaging Firearm Container [24310 - 24390] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person in this state generally may not manufacture, import, sell, give, lend, or possess a camouflaging firearm container, except as provided in another chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Camouflaging Firearm Container [24310 - 24390] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24310. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any camouflaging firearm container is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 99. (SB 1023) Effective June 27, 2012.)
  83. 24390.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Camouflaging Firearm Container [24310 - 24390] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A camouflaging firearm container is treated as a nuisance and is subject to Section 18010, except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Camouflaging Firearm Container [24310 - 24390] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24390. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any camouflaging firearm container is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  84. 244.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A person who willfully and maliciously throws or places certain corrosive or flammable substances on another person, intending injury or disfigurement, faces imprisonment.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 244. Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years. As used in this section, “flammable substance” means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less. (Amended by Stats. 1995, Ch. 468, Sec. 1. Effective January 1, 1996.)
  85. 244.5.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    This section defines “stun gun” and sets jail or prison penalties for assaults committed with a stun gun or less lethal weapon.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 244.5. (a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, 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. (b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years. (c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. (Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 15, Sec. 297. (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. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
  86. 24410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Cane Gun [24410 - 24490] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person in this state generally may not make, import, sell, give, lend, or possess a cane gun, except as provided in another chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Cane Gun [24410 - 24490] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24410. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 100. (SB 1023) Effective June 27, 2012.)
  87. 24490.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Cane Gun [24410 - 24490] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A cane gun is treated as a nuisance and is subject to Section 18010, except as provided in the referenced exception chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Cane Gun [24410 - 24490] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24490. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any cane gun is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  88. 245.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    This section punishes assaults committed with weapons or force likely to cause great bodily injury, with higher penalties for assaults involving firearms, semiautomatic firearms, machineguns, assault weapons, .50 BMG rifles, and assaults on peace officers or firefighters.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment. (3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years. (4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years. (c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years. (d) (1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years. (2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years. (3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years. (e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005. (f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 183, Sec. 1. (AB 1026) Effective January 1, 2012. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
  89. 245.1.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    This section defines “fireman” or “firefighter” for several Penal Code sections, and defines “emergency rescue personnel” for Section 148.2.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 245.1. As used in Sections 148.2, 241, 243, 244.5, and 245, “fireman” or “firefighter” includes any person who is an officer, employee or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, whether this person is a volunteer or partly paid or fully paid.As used in Section 148.2, “emergency rescue personnel” means any person who is an officer, employee or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, whether this person is a volunteer or partly paid or fully paid, while he or she is actually engaged in the on-the-site rescue of persons or property during an emergency as defined by subdivision (c) of Section 148.3. (Amended by Stats. 1998, Ch. 936, Sec. 3. Effective September 28, 1998.)
  90. 245.2.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    A person who assaults certain transportation workers or passengers with a deadly weapon or force likely to cause great bodily injury can be imprisoned for three, four, or five years.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 245.2. Every person who commits an assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury upon the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or upon the person of a station agent or ticket agent for the entity providing such transportation, when the driver, operator, or agent is engaged in the performance of his or her duties, and where the person who commits the assault knows or reasonably should know that the victim is engaged in the performance of his or her duties, or is a passenger, shall be punished by imprisonment in the state prison for three, four, or five years. (Amended by Stats. 1987, Ch. 801, Sec. 4.)
  91. 245.3.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Assaulting a custodial officer with a deadly weapon, or in a way likely to cause great bodily injury, is punishable by 3, 4, or 5 years in state prison.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 245.3. Every person who commits an assault with a deadly weapon or instrument or by any means likely to produce great bodily injury upon the person of a custodial officer as defined in Section 831 or 831.5, and who knows or reasonably should know that the victim is a custodial officer engaged in the performance of that person’s duties, shall be punished by imprisonment in the state prison for three, four, or five years. When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument, and such weapon or instrument is owned by that person, the court may, in its discretion, order that the weapon or instrument be deemed a nuisance and shall be confiscated and destroyed in the manner provided by Sections 18000 and 18005. (Amended by Stats. 2010, Ch. 178, Sec. 54. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  92. 245.5.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Assaults on school employees with a deadly weapon, firearm, or stun gun/taser are punishable by imprisonment, with different prison and jail terms depending on the weapon used.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 245.5. (a) Every person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of his or her duties, when that school employee is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years, or in a county jail not exceeding one year. (b) Every person who commits an assault with a firearm upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years, or in a county jail for not less than six months and not exceeding one year. (c) Every person who commits an assault upon the person of a school employee with a stun gun or taser, and who knows or reasonably should know that the person is a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for a term not exceeding one year or by imprisonment in the state prison for two, three, or four years. This subdivision shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. (d) As used in the section, “school employee” means any person employed as a permanent or probationary certificated or classified employee of a school district on a part-time or full-time basis, including a substitute teacher. “School employee,” as used in this section, also includes a student teacher, or a school board member. “School,” as used in this section, has the same meaning as that term is defined in Section 626. (Amended by Stats. 1992, Ch. 334, Sec. 1. Effective January 1, 1993.)
  93. 245.6.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    This section makes hazing unlawful, defines hazing, and sets misdemeanor or felony penalties depending on whether serious bodily injury or death results.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 245.6. (a) It shall be unlawful to engage in hazing, as defined in this section. (b) “Hazing” means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events. (c) A violation of this section that does not result in serious bodily injury is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both. (d) Any person who personally engages in hazing that results in death or serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (e) The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested, commanded, participated in, or ratified the hazing. (f) Prosecution under this section shall not prohibit prosecution under any other provision of law. (Amended by Stats. 2011, Ch. 15, Sec. 299. (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.)
  94. 24510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearm Not Immediately Recognizable as a Firearm [24510 - 24590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the stated chapter exception, a person in this state may not make, import, sell, give, lend, or possess a firearm that is not immediately recognizable as a firearm, and violations are punishable by jail or other imprisonment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearm Not Immediately Recognizable as a Firearm [24510 - 24590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24510. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any firearm not immediately recognizable as a firearm is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 101. (SB 1023) Effective June 27, 2012.)
  95. 24590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearm Not Immediately Recognizable as a Firearm [24510 - 24590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm that is not immediately recognizable as a firearm is treated as a nuisance, except where a specified earlier chapter applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Firearm Not Immediately Recognizable as a Firearm [24510 - 24590] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24590. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any firearm not immediately recognizable as a firearm is a nuisance and is subject to Section 18010. (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. 246.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

    Verify source ↗

    A person who maliciously and willfully fires a firearm at certain inhabited or occupied places commits a felony.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 246. Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year. As used in this section, “inhabited” means currently being used for dwelling purposes, whether occupied or not. (Amended by Stats. 1988, Ch. 911, Sec. 1. Effective September 15, 1988.)
  97. 246.1.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    If a person is convicted of certain listed offenses, the court must order the vehicle used in the offense sold, unless a stated exception applies.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 246.1. (a) Except as provided in subdivision (f), upon the conviction of any person found guilty of murder in the first or second degree, manslaughter, attempted murder, assault with a deadly weapon, the unlawful discharge or brandishing of a firearm from or at an occupied vehicle where the victim was killed, attacked, or assaulted from or in a motor vehicle by the use of a firearm on a public street or highway, or the unlawful possession of a firearm by a member of a criminal street gang, as defined in subdivision (f) of Section 186.22, while present in a vehicle the court shall order a vehicle used in the commission of that offense sold. Any vehicle ordered to be sold pursuant to this subdivision shall be surrendered to the sheriff of the county or the chief of police of the city in which the violation occurred. The officer to whom the vehicle is surrendered shall promptly ascertain from the Department of Motor Vehicles the names and addresses of all legal and registered owners of the vehicle and within five days of receiving that information, shall send by certified mail a notice to all legal and registered owners of the vehicle other than the defendant, at the addresses obtained from the department, informing them that the vehicle has been declared a nuisance and will be sold or otherwise disposed of pursuant to this section, and of the approximate date and location of the sale or other disposition. The notice shall also inform any legal owner of its right to conduct the sale pursuant to subdivision (b). (b) Any legal owner which in the regular course of its business conducts sales of repossessed or surrendered motor vehicles may take possession and conduct the sale of the vehicle if it notifies the officer to whom the vehicle is surrendered of its intent to conduct the sale within 15 days of the mailing of the notice pursuant to subdivision (a). Sale of the vehicle pursuant to this subdivision may be conducted at the time, in the manner, and on the notice usually given by the legal owner for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by the legal owner shall be disposed of as provided in subdivision (d). (c) If the legal owner does not notify the officer to whom the vehicle is surrendered of its intent to conduct the sale as provided in subdivision (b), the officer shall offer the vehicle for sale at public auction within 60 days of receiving the vehicle. At least 10 days but not more than 20 days prior to the sale, not counting the day of sale, the officer shall give notice of the sale by advertising once in a newspaper of general circulation published in the city or county, as the case may be, in which the vehicle is located, which notice shall contain a description of the make, year, model, identification number, and license number of the vehicle, and the date, time, and location of the sale. For motorcycles, the engine number shall also be included. If there is no newspaper of general circulation published in the county, notice shall be given by posting a notice of sale containing the information required by this subdivision in three of the most public places in the city or county in which the vehicle is located and at the place where the vehicle is to be sold for 10 consecutive days prior to and including the day of the sale. (d) The proceeds of a sale conducted pursuant to this section shall be disposed of in the following priority: (1) To satisfy the costs of the sale, including costs incurred with respect to the taking and keeping of the vehicle pending sale. (2) To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, including accrued interest or finance charges and delinquency charges. (3) To the holder of any subordinate lien or encumbrance on the vehicle to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall reasonably furnish reasonable proof of its interest, and unless it does so on request is not entitled to distribution pursuant to this paragraph. (4) To any other person who can establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest. (5) The balance, if any, to the city or county in which the violation occurred, to be deposited in a special account in its general fund to be used exclusively to pay the costs or a part of the costs of providing services or education to prevent juvenile violence. The person conducting the sale shall disburse the proceeds of the sale as provided in this subdivision, and provide a written accounting regarding the disposition to all persons entitled to or claiming a share of the proceeds, within 15 days after the sale is conducted. (e) If the vehicle to be sold under this section is not of the type that can readily be sold to the public generally, the vehicle shall be destroyed or donated to an eleemosynary institution. (f) No vehicle may be sold pursuant to this section in either of the following circumstances: (1) The vehicle is stolen, unless the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained. (2) The vehicle is owned by another, or there is a community property interest in the vehicle owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family which may be operated on the highway with a class 3 or class 4 driver’s license. (g) A vehicle is used in the commission of a violation of the offenses enumerated in subdivision (a) if a firearm is discharged either from the vehicle at another person or by an occupant of a vehicle other than the vehicle in which the victim is an occupant. (Amended by Stats. 1994, 1st Ex. Sess., Ch. 33, Sec. 1. Effective November 30, 1994.)
  98. 246.3.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    Willfully discharging a firearm or BB device in a grossly negligent way that could cause injury or death is a public offense, unless otherwise authorized by law.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 246.3. (a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Except as otherwise authorized by law, any person who willfully discharges a BB device in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year. (c) As used in this section, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action. (Amended by Stats. 2011, Ch. 15, Sec. 300. (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.)
  99. 24610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Undetectable Firearm and Firearm Detection Equipment [24610 - 24690] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the stated cross-reference exception, a person in this state may not manufacture, import, sell, give, lend, or possess an undetectable firearm; doing so is punishable by jail or imprisonment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Undetectable Firearm and Firearm Detection Equipment [24610 - 24690] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24610. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any undetectable firearm is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 102. (SB 1023) Effective June 27, 2012.)
  100. 24680.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Undetectable Firearm and Firearm Detection Equipment [24610 - 24690] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Newly installed firearm detection equipment in a nonfederal public building in this state must be the type identified as state-of-the-art by specified federal officials.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Undetectable Firearm and Firearm Detection Equipment [24610 - 24690] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24680. Any firearm detection equipment newly installed in a nonfederal public building in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passage of the public. (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. 24690.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Undetectable Firearm and Firearm Detection Equipment [24610 - 24690] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the stated chapter exception, any undetectable firearm is treated as a nuisance and is subject to Section 18010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Undetectable Firearm and Firearm Detection Equipment [24610 - 24690] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24690. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any undetectable firearm is a nuisance and is subject to Section 18010. (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. 247.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

    Verify source ↗

    It is an offence to fire a gun at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house, with an owner-permission exception for the latter group.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 247. (a) Any person who willfully and maliciously discharges a firearm at an unoccupied aircraft is guilty of a felony. (b) Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner. As used in this section and Section 246 “aircraft” means any contrivance intended for and capable of transporting persons through the airspace. (Amended by Stats. 1988, Ch. 911, Sec. 2. Effective September 15, 1988.)
  103. 247.5.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

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    It is a violation to willfully and maliciously shine a laser at an occupied aircraft, whether it is moving or in flight.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 247.5. Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation of this section, which shall be punishable as either a misdemeanor by imprisonment in the county jail for not more than one year or by a fine of one thousand dollars ($1,000), or a felony by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two years, or three years, or by a fine of two thousand dollars ($2,000). This section does not apply to the conduct of laser development activity by or on behalf of the United States Armed Forces. As used in this section, “aircraft” means any contrivance intended for and capable of transporting persons through the airspace. As used in this section, “laser” means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave. (Amended by Stats. 2011, Ch. 15, Sec. 301. (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.)
  104. 24710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Wallet Gun [24710 - 24790] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section generally forbids any person in California from making, importing, selling, giving, lending, or possessing a wallet gun, unless an exception in another chapter applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Wallet Gun [24710 - 24790] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24710. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any wallet gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 103. (SB 1023) Effective June 27, 2012.)
  105. 24790.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Wallet Gun [24710 - 24790] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Wallet guns are treated as a nuisance and are subject to Section 18010, unless an exception in Chapter 1 of Division 2 of Title 2 applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 3. DISGUISED OR MISLEADING APPEARANCE [23800 - 24790] ( Division 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Wallet Gun [24710 - 24790] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 24790. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any wallet gun is a nuisance and is subject to Section 18010. (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. 248.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. )

    Verify source ↗

    A person may not willfully shine a bright light or similar device at an aircraft with intent to interfere with its operation.

    ## 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 9. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) ## 248. Any person who, with the intent to interfere with the operation of an aircraft, willfully shines a light or other bright device, of an intensity capable of impairing the operation of an aircraft, at an aircraft, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 1998, Ch. 218, Sec. 1. Effective January 1, 1999.)
  107. 25.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

    Verify source ↗

    This section abolishes the diminished capacity defense and limits how mental-state evidence can be used in criminal and juvenile proceedings.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused person’s intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged. (b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense. (c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment. (d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. (Added June 8, 1982, by initiative Proposition 8, Sec. 4. Note: Prop. 8 is titled The Victims' Bill of Rights.)
  108. 25000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Preliminary Provisions [25000- 25000.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This provision defines “child” as a person under 18 years of age.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Preliminary Provisions [25000- 25000.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25000. As used in this division, “child” means a person under 18 years of age. (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. 25100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section makes it a crime to store a firearm in a way that lets a child or prohibited person access it, with different offense levels depending on the harm caused.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25100. (a) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the first degree” if all of the following conditions are satisfied: (1) The person keeps any firearm within any premises that are under the person’s custody or control. (2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm. (3) The child obtains access to the firearm and thereby causes death or great bodily injury to the child or any other person, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes death or great bodily injury to themselves or any other person. (b) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the second degree” if all of the following conditions are satisfied: (1) The person keeps any firearm within any premises that are under the person’s custody or control. (2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm. (3) The child obtains access to the firearm and thereby causes injury, other than great bodily injury, to the child or any other person, or carries the firearm either to a public place or in violation of Section 417, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes injury, other than great bodily injury, to themselves or any other person, or carries the firearm either to a public place or in violation of Section 417. (c) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the third degree” if the person keeps any firearm within any premises that are under the person’s custody or control and negligently stores or leaves a firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian. (d) This section shall become operative on January 1, 2026. (Repealed (in Sec. 4) and added by Stats. 2024, Ch. 542, Sec. 5. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  110. 25105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Section 25100 does not apply in five listed situations, and this 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25105. Section 25100 does not apply whenever any of the following occurs: (a) The child obtains the firearm as a result of an illegal entry to any premises by any person. (b) The firearm is securely stored, as defined in Section 25145. (c) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145. (d) The person is a peace officer or a member of the United States Armed Forces or the National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties. (e) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person. (f) This section shall become operative on January 1, 2026. (Repealed (in Sec. 6) and added by Stats. 2024, Ch. 542, Sec. 7. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  111. 25110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Criminal storage of a firearm is punished more severely in the first and second degrees, with jail or prison terms and possible fines; third degree is punishable as a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25110. (a) Criminal storage of a firearm in the first degree is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine; or by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) Criminal storage of a firearm in the second degree is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (c) Criminal storage of a firearm in the third degree is punishable as a misdemeanor. (Amended by Stats. 2013, Ch. 730, Sec. 2. (AB 231) Effective January 1, 2014.)
  112. 25115.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    If a parent or guardian allegedly violated Section 25100 and a child was injured or killed in an accidental shooting, the district attorney must consider the impact on that person when deciding whether to prosecute.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25115. If a person who allegedly violated Section 25100 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Section 25100 when deciding whether to prosecute the alleged violation. It is the Legislature’s intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This section shall not otherwise restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute an alleged violation of Section 25100. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  113. 25120.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    When arresting someone for a Section 25100 violation, a law enforcement officer must delay the arrest for at least seven days if the person is the parent or guardian of a child injured or killed in an accidental shooting.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25120. (a) If a person who allegedly violated Section 25100 is the parent or guardian of a child who was injured or who died as the result of an accidental shooting, no arrest of the person for the alleged violation of Section 25100 shall occur until at least seven days after the date upon which the accidental shooting occurred. (b) In addition to the limitation stated in subdivision (a), before arresting a person for a violation of Section 25100, a law enforcement officer shall consider the health status of a child who suffered great bodily injury as the result of an accidental shooting, if the person to be arrested is the parent or guardian of the injured child. The intent of this section is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  114. 25125.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A district attorney must treat prior firearm safety training as a mitigating factor when deciding whether to prosecute a Section 25100 violation, and that fact is admissible in any action or trial under Section 25100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25125. (a) The fact that a person who allegedly violated Section 25100 attended a firearm safety training course prior to the purchase of the firearm that was obtained by a child in violation of Section 25100 shall be considered a mitigating factor by a district attorney when deciding whether to prosecute the alleged violation. (b) In any action or trial commenced under Section 25100, the fact that the person who allegedly violated Section 25100 attended a firearm safety training course prior to the purchase of the firearm that was obtained by a child in violation of Section 25100 is admissible. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  115. 25130.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Licensed firearms dealers must post the Section 26835 notice inside their licensed premises.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25130. Every person licensed under Sections 26700 to 26915, inclusive, shall post within the licensed premises the notice required by Section 26835, disclosing the duty imposed by this chapter upon any person who keeps a loaded 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.)
  116. 25135.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A qualifying resident who owns a firearm must not keep it in the residence if another resident is legally barred from firearm possession, unless the firearm is securely stored or is carried or under ready control by a lawful owner or authorized user.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25135. (a) A person who is 18 years of age or older, and who is the owner, lessee, renter, or other legal occupant of a residence, who owns a firearm and who knows or has reason to know that another person also residing therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence a firearm unless one of the following applies: (1) The firearm is securely stored, as defined in Section 25145. (2) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145. (b) A violation of this section is a misdemeanor. (c) The provisions of this section are cumulative, and do not restrict 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. (d) This section shall become operative on January 1, 2026. (Repealed (in Sec. 8) and added by Stats. 2024, Ch. 542, Sec. 9. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  117. 25140.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    When a person leaves a handgun in an unattended vehicle, the handgun must be secured in one of the listed locked storage locations. A peace officer has a limited alternative if the vehicle has no trunk and compliance is otherwise not possible.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25140. (a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box. (b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun out of plain view within the center utility console of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device. (c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000). (d) (1) As used in this section, the following definitions shall apply: (A) “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. (B) “Locked toolbox or utility box” means a fully enclosed container that is permanently affixed to the bed of a pickup truck or vehicle that does not contain a trunk, and is locked by a padlock, keylock, combination lock, or other similar locking device. (C) “Peace officer” means a sworn officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties, while that officer is on duty or off duty. (D) “Trunk” means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck. (E) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code. (2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents. (3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination. (e) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties. (f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016. (Amended by Stats. 2018, Ch. 94, Sec. 1. (SB 1382) Effective January 1, 2019.)
  118. 25145.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Starting January 1, 2026, a person must securely store any firearm kept in a residence unless it is being carried or readily controlled.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Criminal Storage of Firearm [25100 - 25145] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25145. (a) Beginning on January 1, 2026, a person shall ensure that any firearm the person possesses in a residence is securely stored whenever the firearm is not being carried or readily controlled by the person or another lawful authorized user. (b) A firearm is “securely stored” if it is maintained within, locked by, or disabled using a certified firearm safety device or a secure gun safe. (c) For purposes of this section and Sections 25105, 25135, 25205, 27882, and 27883, the following terms have the following meanings: (1) “Authorized user” has the same meaning as provided in Section 16745. (2) “Certified firearm safety device” means any firearm safety device or gun safe that is listed on the Department of Justice’s roster of tested and approved firearm safety devices certified for sale pursuant to Section 23655. (3) “Readily controlled” by a person or another lawful authorized user means either of the following: (A) The person or other lawful authorized user is carrying the firearm on their person. (B) The person or other lawful authorized user is within close enough proximity to the firearm to readily prevent unauthorized users from gaining access to the firearm. (4) “Secure gun safe” means a gun safe that meets the standards for gun safes adopted pursuant to Section 23650. (d) (1) Except as provided in paragraph (2), a violation of this section is punishable by a fine of up to two hundred fifty dollars ($250) for a first violation and up to five hundred dollars ($500) for a second violation. A third and any subsequent violation is a misdemeanor. (2) A person shall not be penalized for violating this section if they secure their firearm using a firearm safety device or gun safe that they reasonably believed to meet the requirements of this section, including a firearm safety device that was certified at the time the individual purchased the device or a safe that met the standards for gun safes adopted pursuant to Section 23650 at the time the individual purchased the safe. (e) The provisions of this section are cumulative and do not restrict 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. (f) The Department of Justice shall seek to inform residents about the standards of storage of firearms as outlined in this section. (g) This section does not apply to unloaded antique firearms, as defined in Section 921(a)(16) of Title 18 of the United States Code, or firearms that are permanently inoperable. (Added by Stats. 2024, Ch. 542, Sec. 10. (SB 53) Effective January 1, 2025.)
  119. 25200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person who keeps a firearm under their control and lets a child or prohibited person access it can be punished, especially if the firearm is carried off-premises.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25200. (a) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine: (1) The person keeps a firearm, loaded or unloaded, within any premises that are under the person’s custody or control. (2) The person knows or reasonably should know that a child is likely to gain access to that firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm. (3) The child or the prohibited person obtains access to that firearm and thereafter carries that firearm off-premises. (b) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine: (1) The person keeps any firearm within any premises that are under the person’s custody or control. (2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm. (3) The child or the prohibited person obtains access to the firearm and thereafter carries that firearm off-premises to any public or private preschool, elementary school, middle school, high school, or to any school-sponsored event, activity, or performance, whether occurring on school grounds or elsewhere. (c) A firearm that a child or prohibited person gains access to and carries off-premises in violation of this section shall be deemed “used in the commission of any misdemeanor as provided in this code or any felony” for the purpose of Section 29300 regarding the authority to confiscate firearms and other deadly weapons as a nuisance. (d) As used in this section, “off-premises” means premises other than the premises where the firearm was stored. (Amended by Stats. 2019, Ch. 840, Sec. 8. (SB 172) Effective January 1, 2020.)
  120. 25205.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Section 25200 does not apply in listed situations, including illegal entry, secure storage, lawful control by the owner or authorized user, certain duties of peace officers or military/Guard members, and lawful self-defense or defense of another. This section is set to become 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25205. Section 25200 does not apply if any of the following are true: (a) The child obtains the firearm as a result of an illegal entry into any premises by any person. (b) The firearm is securely stored, as defined in Section 25145. (c) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145. (d) The person is a peace officer or a member of the United States Armed Forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties. (e) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person. (f) This section shall become operative on January 1, 2026. (Repealed (in Sec. 11) and added by Stats. 2024, Ch. 542, Sec. 12. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  121. 25210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A district attorney must consider the impact of the injury or death on the accused parent or guardian when deciding whether to prosecute a Section 25200 violation in an accidental shooting case involving a child.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25210. If a person who allegedly violated Section 25200 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Section 25200 when deciding whether to prosecute the alleged violation. It is the Legislature’s intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This section shall not otherwise restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute alleged violations of Section 25200. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  122. 25215.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A law enforcement officer must wait at least seven days before arresting a parent or guardian suspected of violating Section 25200 after an accidental shooting, and must consider the child’s health status first.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25215. (a) If a person who allegedly violated Section 25200 is the parent or guardian of a child who was injured or who died as the result of an accidental shooting, no arrest of the person for the alleged violation of Section 25200 shall occur until at least seven days after the date upon which the accidental shooting occurred. (b) In addition to the limitation contained in subdivision (a), before arresting a person for a violation of Section 25200, a law enforcement officer shall consider the health status of a child who suffers great bodily injury as the result of an accidental shooting, if the person to be arrested is the parent or guardian of the injured child. The intent of this section is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  123. 25220.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A district attorney must treat prior firearm safety training as a mitigating factor when deciding whether to prosecute an alleged Section 25200 violation.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25220. (a) The fact that the person who allegedly violated Section 25200 attended a firearm safety training course prior to the purchase of the firearm that is obtained by a child in violation of Section 25200 shall be considered a mitigating factor by a district attorney when deciding whether to prosecute the alleged violation. (b) In any action or trial commenced under Section 25200, the fact that the person who allegedly violated Section 25200 attended a firearm safety training course prior to the purchase of the firearm that was obtained by a child in violation of Section 25200 is admissible. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  124. 25225.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Licensed persons must post the required notice inside the licensed premises.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4. STORAGE OF FIREARMS [25000 - 25225] ( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Storage of Firearm Where Child Obtains Access and Carries Firearm Off-Premises [25200 - 25225] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25225. Every person licensed under Sections 26700 to 26915, inclusive, shall post within the licensed premises the notice required by Section 26835, disclosing the duty imposed by this chapter upon any person who keeps any 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.)
  125. 25250.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. )

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    People who lose or have a firearm stolen must report it to local law enforcement within five days after they knew or should have known about it. If they later recover the firearm, they must notify the agency within five days. Antique firearms are exempt.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. ) ## 25250. (a) Commencing July 1, 2017, every person shall report the loss or theft of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost. (b) Every person who has reported a firearm lost or stolen under subdivision (a) shall notify the local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days if the firearm is subsequently recovered by the person. (c) Notwithstanding subdivision (a), a person shall not be required to report the loss or theft of a firearm that is an antique firearm within the meaning of subdivision (c) of Section 16170. (Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)
  126. 25255.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. )

    Verify source ↗

    Section 25250 does not apply to certain law enforcement, military, licensed, and pre-July 1, 2017 firearm-loss situations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. ) ## 25255. Section 25250 shall not apply to the following: (a) Any law enforcement agency or peace officer acting within the course and scope of his or her employment or official duties if he or she reports the loss or theft to his or her employing agency. (b) Any United States marshal or member of the Armed Forces of the United States or the National Guard, while engaged in his or her official duties. (c) Any person who is licensed, pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and who reports the theft or loss in accordance with Section 923(g)(6) of Title 18 of the United States Code, or the successor provision thereto, and applicable regulations issued thereto. (d) Any person whose firearm was lost or stolen prior to July 1, 2017. (Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)
  127. 25260.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. )

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    Sheriffs and police chiefs must report descriptions of lost or stolen firearms to the Department of Justice Automated Firearms System.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. ) ## 25260. Pursuant to Section 11108.2, every sheriff or police chief shall submit a description of each firearm that has been reported lost or stolen directly into the Department of Justice Automated Firearms System. (Amended by Stats. 2018, Ch. 864, Sec. 6. (AB 2222) Effective January 1, 2019. Note: This section was added November 8, 2016, by initiative Proposition 63.)
  128. 25265.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. )

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    A person who violates Section 25250 faces escalating penalties: a first violation is an infraction with up to a $100 fine, a second violation is an infraction with up to a $1,000 fine, and a third or later violation is a misdemeanor punishable by jail, a fine, or both.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. ) ## 25265. (a) Every person who violates Section 25250 is, for a first violation, guilty of an infraction, punishable by a fine not to exceed one hundred dollars ($100). (b) Every person who violates Section 25250 is, for a second violation, guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). (c) Every person who violates Section 25250 is, for a third or subsequent violation, guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)
  129. 25270.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. )

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    A person reporting a lost or stolen firearm under Section 25250 must report the firearm’s make, model, and serial number if known, plus any additional relevant information the local law enforcement agency requires.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. ) ## 25270. Every person reporting a lost or stolen firearm pursuant to Section 25250 shall report the make, model, and serial number of the firearm, if known by the person, and any additional relevant information required by the local law enforcement agency taking the report. (Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)
  130. 25275.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. )

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    A person must not falsely report to local law enforcement that a firearm was lost or stolen.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 4.5. LOST OR STOLEN FIREARMS [25250 - 25275] ( Division 4.5 added November 8, 2016, by initiative Proposition 63, Sec. 4.1. ) ## 25275. (a) No person shall report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. A violation of this section is an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250) for a first offense, and by a fine not exceeding one thousand dollars ($1,000) for a second or subsequent offense. (b) This section shall not preclude prosecution under any other law. (Added November 8, 2016, by initiative Proposition 63, Sec. 4.1.)
  131. 25300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Rules Relating to Carrying Firearms [25300 - 25350] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may not carry a firearm in a public place or on a public street while masked to hide identity; violating this is criminal possession of a firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Rules Relating to Carrying Firearms [25300 - 25350] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25300. (a) A person commits criminal possession of a firearm when the person carries a firearm in a public place or on any public street while masked so as to hide the person’s identity. (b) Criminal possession of a firearm is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail not to exceed one year. (c) Subdivision (a) does not apply to any of the following: (1) A peace officer in performance of the officer’s duties. (2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state. (3) Any person summoned by any of the officers enumerated in paragraph (1) or (2) to assist in making an arrest or preserving the peace while that person is actually engaged in assisting that officer. (4) The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity. (5) The possession of a firearm by a licensed hunter while actually engaged in lawful hunting, or while going directly to or returning directly from the hunting expedition. (Amended by Stats. 2011, Ch. 15, Sec. 542. (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.)
  132. 25350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Rules Relating to Carrying Firearms [25300 - 25350] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says that if part of the firearms division is unconstitutional or invalid, the rest can still remain in effect.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Rules Relating to Carrying Firearms [25300 - 25350] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25350. (a) If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of any provision in this division is for any reason held unconstitutional, that decision does not affect the validity of any other provision in the division. The Legislature hereby declares that it would have passed the provisions listed in this division and each chapter, section, subdivision, paragraph, subparagraph, sentence, clause, and phrase of those provisions irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional. (b) If any application of any provision in this division to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, the remaining applications of that provision to all other persons and circumstances shall be severed and shall not be affected. All constitutionally valid applications of this division shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the Legislature’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this division to impose an unconstitutional burden in a large or substantial fraction of relevant cases, the applications that do not present an unconstitutional burden shall be severed from the remaining applications and shall remain in force, and shall be treated as if the Legislature had enacted a statute limited to the persons, group of persons, or circumstances for which the statute’s application does not present an unconstitutional burden. If any court declares or finds a provision of this division facially unconstitutional, when discrete applications of that provision can be enforced against a person, group of persons, or circumstances without violating the United States Constitution and the California Constitution, those applications shall be severed from all remaining applications of the provision, and the provision shall be interpreted as if the Legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate the United States Constitution and the California Constitution. (Added by Stats. 2023, Ch. 249, Sec. 7. (SB 2) Effective January 1, 2024.)
  133. 2540.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. Prohibition Upon Wardens, Clerks, Officers and Employees [2540 - 2541] ( Article 6 added by Stats. 1941, Ch. 106. )

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    Department officers and employees may not take unauthorized compensation, including pay from contractors tied to their work.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. Prohibition Upon Wardens, Clerks, Officers and Employees [2540 - 2541] ( Article 6 added by Stats. 1941, Ch. 106. ) ## 2540. No officer or employee of the department shall receive directly, or indirectly, any compensation for his services other than that prescribed or authorized by law or the director; nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent, or employee of a contractor. For any violation of the provisions of this section the officer or employee shall be discharged from his office or service; and every contractor, or employee, or agent of a contractor engaged therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employee. (Amended by Stats. 1957, Ch. 2256.)
  134. 25400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Crime of Carrying a Concealed Firearm [25400- 25400.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section makes it a crime to carry a concealed firearm in a vehicle, on the person, or to cause one to be carried concealed in an occupied vehicle.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Crime of Carrying a Concealed Firearm [25400- 25400.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25400. (a) A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person. (b) A firearm carried openly in a belt holster is not concealed within the meaning of this section. (c) Carrying a concealed firearm in violation of this section is punishable as follows: (1) If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony. (2) If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony. (3) If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony. (4) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony. (5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment: (A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person. (B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person. (7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (d) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for at least three months. (2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months. (e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.(f) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (c) is met. (Amended by Stats. 2011, Ch. 15, Sec. 543. (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.)
  135. 2541.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. Prohibition Upon Wardens, Clerks, Officers and Employees [2540 - 2541] ( Article 6 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain prison officers, employees, contractors, and contractor employees may not give to, receive from, or trade with prisoners unless the director permits it; they also may not have any direct or indirect interest in prison contracts or purchases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of State Prisons [2051 - 2541] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 6. Prohibition Upon Wardens, Clerks, Officers and Employees [2540 - 2541] ( Article 6 added by Stats. 1941, Ch. 106. ) ## 2541. No officer or employee of the department, or contractor, or employee of a contractor, shall, without permission of the director, make any gift or present to a prisoner, or receive any from a prisoner, or have any barter or dealings with a prisoner. For every violation of the provisions of this section, the party engaged therein shall incur the same penalty as prescribed in the preceding section. No officer or employee of the prison shall be interested, directly or indirectly, in any contract or purchase made or authorized to be made by anyone for or on behalf of the prisons. (Amended by Stats. 1957, Ch. 2256.)
  136. 25450.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts listed peace officers and certain assisting persons from Section 25400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25450. As provided in this article, Section 25400 does not apply to, or affect, any of the following: (a) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. (b) Any other duly appointed peace officer. (c) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. (d) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. (e) Any full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (f) Any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer. (Amended by Stats. 2013, Ch. 267, Sec. 1. (AB 703) Effective January 1, 2014.)
  137. 25452.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A peace officer or honorably retired peace officer must secure a handgun in a vehicle when leaving it in an unattended vehicle.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25452. A peace officer and an honorably retired peace officer shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to Section 25140. (Added by Stats. 2016, Ch. 651, Sec. 2. (SB 869) Effective January 1, 2017.)
  138. 25455.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Honorably retired peace officers covered by this section must be issued an identification certificate, and some must have an endorsement approving concealed-carry authority; the agency may also charge a reasonable fee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25455. (a) Any peace officer described in Section 25450 who has been honorably retired shall be issued an identification certificate by the law enforcement agency from which the officer retired. (b) The issuing agency may charge a fee necessary to cover any reasonable expenses incurred by the agency in issuing certificates pursuant to this article. (c) Any officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall have an endorsement on the identification certificate stating that the issuing agency approves the officer’s carrying of a concealed firearm. (d) An honorably retired peace officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall not be required to obtain an endorsement from the issuing agency to carry a concealed 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.)
  139. 25460.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section requires endorsements and renewal endorsements under Section 25465 to match a specified format, with a temporary exemption for certain retired peace officers, and says the certificate is not valid ID for firearm transactions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25460. (a) Except as provided in subdivision (b), no endorsement or renewal endorsement issued pursuant to Section 25465 shall be effective unless it is in the format set forth in subdivision (c). (b) Any peace officer listed in subdivision (f) of Section 830.2 or in subdivision (c) of Section 830.5, who retired between January 2, 1981, and on or before December 31, 1988, and who is authorized to carry a concealed firearm pursuant to this article, shall not be required to have an endorsement in the format set forth in subdivision (c) until the time of the issuance, on or after January 1, 1989, of a renewal endorsement pursuant to Section 25465. (c) A certificate issued pursuant to Section 25455 for any person who is not listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5, or for any person retiring after January 1, 1981, shall be in the following format: it shall be on a 2x3 inch card, bear the photograph of the retiree, include the retiree’s name, date of birth, the date that the retiree retired, and the name and address of the agency from which the retiree retired, and have stamped on it the endorsement “CCW Approved” and the date the endorsement is to be renewed. A certificate issued pursuant to Section 25455 shall not be valid as identification for the sale, purchase, or transfer of 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.)
  140. 25465.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retired peace officer must petition the issuing agency every five years to renew the privilege to carry a concealed firearm, unless a listed exception applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25465. Every five years, a retired peace officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall petition the issuing agency for renewal of the officer’s privilege to carry a concealed 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.)
  141. 25470.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    An agency may deny or revoke a retired peace officer’s concealed-carry privilege for good cause, and for certain retired officers it must stamp the identification certificate “No CCW privilege.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25470. (a) The agency from which a peace officer is honorably retired may, upon initial retirement of that peace officer, or at any time subsequent thereto, deny or revoke for good cause the retired officer’s privilege to carry a concealed firearm. (b) A peace officer who is listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall have the privilege to carry a concealed firearm denied or revoked by having the agency from which the officer retired stamp on the officer’s identification certificate “No CCW privilege.” (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  142. 25475.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain honorably retired peace officers must complete Section 832 training, qualify with the firearm at least annually, and keep their concealed-carry eligibility current. The Department of Justice must also send subsequent arrest notifications to the officer’s former agency.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Peace Officer Exemption [25450 - 25475] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25475. (a) An honorably retired peace officer who is listed in subdivision (c) of Section 830.5 and authorized to carry a concealed firearm by this article shall meet the training requirements of Section 832 and shall qualify with the firearm at least annually. (b) The individual retired peace officer shall be responsible for maintaining eligibility to carry a concealed firearm. (c) The Department of Justice shall provide subsequent arrest notification pursuant to Section 11105.2 regarding honorably retired peace officers listed in subdivision (c) of Section 830.5 to the agency from which the officer has retired. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  143. 25505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm may qualify for this article’s exemption during transport only if it is unloaded, kept in a locked container, and the trip includes only reasonably necessary deviations between authorized locations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25505. In order for a firearm to be exempted under this article, while being transported to or from a place, the firearm shall be unloaded and kept in a locked container, and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  144. 25510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain firearm possession and transport connected to authorized motion picture, television, video, or entertainment productions/events.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25510. Section 25400 does not apply to, or affect, any of the following: (a) The possession of a firearm by an authorized participant in a motion picture, television, or video production, or an entertainment event, when the participant lawfully uses the firearm as part of that production or event, or while going directly to, or coming directly from, that production or event. (b) The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production, or an entertainment event, for the purpose of providing that firearm to an authorized participant to lawfully use as a part of 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.)
  145. 25515.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain club or organization members who possess a firearm in a locked container while at, or traveling directly to or from, a meeting.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25515. Section 25400 does not apply to, or affect, the possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at a meeting of the club or organization or while going directly to, and coming directly from, a meeting of the club or organization. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  146. 25520.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A participant is exempt from Section 25400 when transporting a firearm directly to or from a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25520. Section 25400 does not apply to, or affect, the transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that 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.)
  147. 25525.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some people may transport a firearm directly between specified locations without Section 25400 applying.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25525. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, directly between any of the following places: (1) The person’s place of residence. (2) The person’s place of business. (3) Private property owned or lawfully possessed by the person. (b) Section 25400 does not apply to, or affect, the transportation of a firearm by a person listed in subdivision (a) when going directly from the place where that person lawfully received that firearm to that person’s place of residence or place of business or to private property owned or lawfully possessed by that person. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  148. 25530.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to transporting a firearm when a person is going directly to or from a fixed business or private residence for lawful repair, sale, loan, or transfer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25530. Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful sale, loan, or transfer of that 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.)
  149. 25535.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to firearm transportation to or from certain gun shows or similar events when the trip is direct and the firearm is being lawfully displayed, transferred, sold, or loaned.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25535. Section 25400 does not apply to, or affect, any of the following: (a) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner. (b) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with Section 27545. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  150. 25540.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to transporting a firearm directly to or from a licensed target range for target practice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25540. Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  151. 25545.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to a person transporting a firearm when traveling directly to or from a designated place at the issuing agency’s request.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25545. Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 26150, 26155, 26170, or 26215, when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person to carry that 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.)
  152. 25550.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to transporting a firearm directly to or from a lawful camping activity when the firearm is for lawful personal protection at the campsite.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25550. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. (b) This section shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds. (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. 25555.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to firearm transportation done to comply with listed firearm, family law, or civil procedure provisions; 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25555. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with or utilize Section 26556, 26892, 27875, 27920, 27925, 29810, or 29830, as it pertains to that firearm. (b) Section 25400 does not apply to or affect the transportation of a firearm by a person in order to comply with paragraph (2) of subdivision (e) of Section 32000 as it pertains to that firearm. (c) Section 25400 does not apply to, or affect the transportation of, a firearm by a person in order to comply with Section 6389 of the Family Code. (d) Section 25400 does not apply to, or affect the transportation of, a firearm by a person in order to comply with Section 527.9 of the Code of Civil Procedure. (e) Section 25400 does not apply to, or affect the transportation of, a firearm by a person in order to comply with Section 18120. (f) This section shall become operative on January 1, 2026. (Repealed (in Sec. 17) and added by Stats. 2024, Ch. 544, Sec. 18. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  154. 25560.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to transporting a firearm when a person is doing so to use Section 28000 for that firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25560. Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to utilize Section 28000 as it pertains to that 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.)
  155. 25565.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to transporting a firearm when the transport is for a sale, delivery, or transfer under the cited sections to certain government representatives for an authorized voluntary buyback or receipt program.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25565. Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to sell, deliver, or transfer the firearm as specified in Section 27850 or 31725 to an authorized representative of a city, city and county, county, or state or federal government that is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  156. 25570.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain firearm transportation by people who find or take a firearm, if specified notice and disposition 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25570. Section 25400 does not apply to, or affect, any of the following: (a) The transportation of a firearm by a person who finds the firearm, if the person is transporting the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm, and, if the person is transporting the firearm to a law enforcement agency, the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency. (b) The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (c) The transportation of a firearm by a person who took the firearm from a person who was committing a crime against the person who took the firearm, and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (Amended by Stats. 2019, Ch. 110, Sec. 3. (AB 1292) Effective January 1, 2020.)
  157. 25575.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to firearm transportation done to comply with Section 27560 for that firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25575. Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with Section 27560 as it pertains to that 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.)
  158. 25580.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to transporting a firearm that is a curio or relic when the transport is to comply with Section 27565 for that firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25580. Section 25400 does not apply to, or affect, the transportation of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, by a person in order to comply with Section 27565 as it pertains to that 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.)
  159. 25585.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply when a person transports a firearm to obtain an identification number or mark from the Department of Justice under Section 23910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25585. Section 25400 does not apply to, or affect, the transportation of a firearm by a person for the purpose of obtaining an identification number or mark assigned to that firearm from the Department of Justice pursuant to Section 23910. (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. 25590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply when a person directly transports a firearm between the listed places.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25590. Section 25400 does not apply to, or affect, the transportation of a firearm by a person if done directly between any of the places set forth below: (a) A place where the person may carry that firearm pursuant to an exemption from the prohibition set forth in subdivision (a) of Section 25400. (b) A place where that person may carry that firearm pursuant to an exemption from the prohibition set forth in subdivision (a) of Section 25850, or a place where the prohibition set forth in subdivision (a) of Section 25850 does not apply. (c) A place where that person may carry a firearm pursuant to an exemption from the prohibition set forth in subdivision (a) of Section 26350, or a place where the prohibition set forth in subdivision (a) of Section 26350 does not apply. (Added by Stats. 2011, Ch. 725, Sec. 11. (AB 144) Effective January 1, 2012.)
  161. 25595.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This article does not stop otherwise lawful carrying or transportation of a handgun when done under Section 16580.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Conditional Exemptions [25505 - 25595] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25595. This article does not prohibit or limit the otherwise lawful carrying or transportation of any handgun in accordance with the provisions listed in Section 16580. (Amended by Stats. 2011, Ch. 725, Sec. 12. (AB 144) Effective January 1, 2012.)
  162. 25600.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A concealed-firearm violation may be justified if the firearm possessor reasonably believes they are in grave danger because of a current restraining order, but a mutual restraining order can limit this unless there is a specific-threat finding.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25600. (a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense. (b) Upon trial for violating Section 25400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  163. 25605.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain adults who are U.S. citizens or legal residents may be exempt from some handgun carry and permit requirements when carrying a handgun at home, at a place of business, or on private property they own or lawfully possess.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25605. (a) Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident, any handgun. (b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. (c) Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055, inclusive. (Amended by Stats. 2011, Ch. 725, Sec. 13. (AB 144) Effective January 1, 2012.)
  164. 25610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some qualifying adults may transport or carry a concealed firearm for certain purposes if the firearm is unloaded and stored or moved in one of the listed locked-container or vehicle conditions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25610. Section 25400 shall not be construed to prohibit any citizen of the United States over 18 years of age who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person for any purpose specified in Sections 25510 to 25595, inclusive, provided that either of the following applies to the firearm: (a) The firearm is unloaded, within a motor vehicle, and locked in the vehicle’s trunk or in a locked container in the vehicle. (b) The firearm is unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container. (Amended by Stats. 2023, Ch. 249, Sec. 8. (SB 2) Effective January 1, 2024.)
  165. 25612.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person leaving a handgun in an unattended vehicle must secure it in the vehicle under Section 25140.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25612. A person shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to Section 25140. (Added by Stats. 2016, Ch. 651, Sec. 3. (SB 869) Effective January 1, 2017.)
  166. 25615.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain licensed firearms businesses handling unloaded concealable firearms as merchandise.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25615. Section 25400 does not apply to, or affect, the possession or transportation of unloaded pistols, revolvers, or other firearms capable of being concealed upon the person as merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the 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.)
  167. 25620.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain U.S. military and National Guard members when on duty, or to organizations authorized by law to buy or receive the weapons.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25620. Section 25400 does not apply to, or affect, any member of the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States, or the National Guard, when on duty, or any organization that is by law authorized to purchase or receive those weapons from the United States or this state. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  168. 25625.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain unloaded concealed firearms carried by authorized military or civil organizations while parading, or by their members traveling to or from meetings.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25625. Section 25400 does not apply to, or affect, the carrying of unloaded pistols, revolvers, or other firearms capable of being concealed upon the person by duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their respective organizations. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  169. 25630.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain guards or messengers when they are handling money or other valuables in the course of shipment, transport, or delivery within the state.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25630. Section 25400 does not apply to, or affect, any guard or messenger of any common carrier, bank, or other financial institution, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  170. 25635.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25400 does not apply to certain target-shooting club or organization members when they are using concealable firearms at established target ranges or transporting those firearms unloaded to or from the ranges.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25635. Section 25400 does not apply to, or affect, members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  171. 25640.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Licensed hunters or fishermen are exempt from Section 25400 for carrying concealed-capable firearms while hunting or fishing, or for transporting them unloaded to or from the expedition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25640. Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  172. 25645.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain unloaded-firearm transportation by licensed common carriers and their authorized agents or employees when the transport complies with applicable federal law.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25645. Sections 25140 and 25400 do not apply to, or affect, the transportation of unloaded firearms by a person operating a licensed common carrier or an authorized agent or employee thereof when the firearms are transported in conformance with applicable federal law. (Amended by Stats. 2016, Ch. 651, Sec. 4. (SB 869) Effective January 1, 2017.)
  173. 25650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A qualified retired federal officer or agent may carry a concealed firearm only after the county sheriff approves and issues a permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25650. (a) Upon approval of the sheriff of the county in which the retiree resides, Section 25400 does not apply to, or affect, any honorably retired federal officer or agent of any federal law enforcement agency, including, but not limited to, the Federal Bureau of Investigation, the United States Secret Service, the United States Customs Service, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Narcotics, the United States Drug Enforcement Administration, the United States Border Patrol, and any officer or agent of the Internal Revenue Service who was authorized to carry weapons while on duty, who was assigned to duty within the state for a period of not less than one year, or who retired from active service in the state. (b) A retired federal officer or agent shall provide the sheriff with certification from the agency from which the officer or agent retired certifying that person’s service in the state, stating the nature of that person’s retirement, and indicating the agency’s concurrence that the retired federal officer or agent should be accorded the privilege of carrying a concealed firearm. (c) Upon that approval, the sheriff shall issue a permit to the retired federal officer or agent indicating that the retiree may carry a concealed firearm in accordance with this section. The permit shall be valid for a period not exceeding five years, shall be carried by the retiree while carrying a concealed firearm, and may be revoked for good cause. (d) The sheriff of the county in which the retired federal officer or agent resides may require recertification prior to a permit renewal, and may suspend the privilege for cause. The sheriff may charge a fee necessary to cover any reasonable expenses incurred by the county. (Amended by Stats. 2011, Ch. 296, Sec. 230. (AB 1023) Effective January 1, 2012.)
  174. 25655.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says Section 25400 does not apply to carrying a concealed pistol, revolver, or other concealable firearm by a person authorized to carry it under Chapter 4 (Section 26150 and following).

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions [25600 - 25655] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25655. Section 25400 does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  175. 25700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Concealed Carrying of Firearm as a Nuisance [25700- 25700.] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Unlawful carrying of a handgun in violation of Section 25400 is treated as a nuisance and is subject to Sections 18000 and 18005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Carrying a Concealed Firearm [25400 - 25700] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Concealed Carrying of Firearm as a Nuisance [25700- 25700.] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25700. (a) The unlawful carrying of any handgun in violation of Section 25400 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not apply to any of the following: (1) Any firearm in the possession of the Department of Fish and Game. (2) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto. (3) Any firearm that is forfeited pursuant to Section 5008.6 of the Public Resources 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.)
  176. 25800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Armed Criminal Action [25800- 25800.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who carries a loaded firearm with intent to commit a felony commits armed criminal action.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Armed Criminal Action [25800- 25800.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25800. (a) Every person who carries a loaded firearm with the intent to commit a felony is guilty of armed criminal action. (b) Armed criminal action is punishable by imprisonment in a county jail not exceeding one year, or in the state prison. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  177. 25850.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Crime of Carrying a Loaded Firearm in Public [25850- 25850.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section makes carrying a loaded firearm in specified public places a crime and gives peace officers inspection and arrest powers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Crime of Carrying a Loaded Firearm in Public [25850- 25850.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25850. (a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county. (b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section. (c) Carrying a loaded firearm in violation of this section is punishable, as follows: (1) Where the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony. (2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony. (3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony. (4) Where the person is not in lawful possession of the firearm, or is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony. (5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (6) Where the person is not listed with the Department of Justice pursuant to Section 11106 as the recorded owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (7) In all cases other than those specified in paragraphs (1) to (6), inclusive, as a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (d) (1) Every person convicted under this section who has previously been convicted of an offense enumerated in Section 23515, or of any crime made punishable under a provision listed in Section 16580, shall serve a term of at least three months in a county jail, or, if granted probation or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned for a period of at least three months. (2) The court shall apply the three-month minimum sentence except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in this section or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in this section, in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (e) A violation of this section that is punished by imprisonment in a county jail not exceeding one year shall not constitute a conviction of a crime punishable by imprisonment for a term exceeding one year for the purposes of determining federal firearms eligibility under Section 922(g)(1) of Title 18 of the United States Code. (f) Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section. (g) Notwithstanding paragraphs (2) and (3) of subdivision (a) of Section 836, a peace officer may make an arrest without a warrant: (1) When the person arrested has violated this section, although not in the officer’s presence. (2) Whenever the officer has reasonable cause to believe that the person to be arrested has violated this section, whether or not this section has, in fact, been violated. (h) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c), if the peace officer has probable cause to believe that the person is carrying a handgun in violation of this section and that person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the recorded owner of that handgun. (Amended by Stats. 2023, Ch. 249, Sec. 9. (SB 2) Effective January 1, 2024.)
  178. 25900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25850 does not apply to certain peace officers and related assistants listed in this section.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25900. As provided in this article, Section 25850 does not apply to any of the following: (a) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. (b) Any other duly appointed peace officer. (c) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. (d) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. (e) Any full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (f) Any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer. (Amended by Stats. 2013, Ch. 267, Sec. 2. (AB 703) Effective January 1, 2014.)
  179. 25905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Retired peace officers described in this section must be issued an identification certificate, and the successor agency may issue it if the original agency no longer provides services or the government body is dissolved.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25905. (a) (1) Any peace officer described in Section 25900 who has been honorably retired shall be issued an identification certificate by the law enforcement agency from which the officer has retired. (2) If the agency from which the officer has retired is no longer providing law enforcement services or the relevant governmental body is dissolved, the agency that subsequently provides law enforcement services for that jurisdiction shall issue the identification certificate to that peace officer. This paragraph shall apply only if the following conditions are met: (A) The successor agency is in possession of the retired officer’s complete personnel records or can otherwise verify the retired officer’s honorably retired status. (B) The retired officer is in compliance with all the requirements of the successor agency for the issuance of a retirement identification card and concealed weapon endorsement. (b) The issuing agency may charge a fee necessary to cover any reasonable expenses incurred by the agency in issuing certificates pursuant to Sections 25900, 25910, 25925, and this section. (c) Any officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall have an endorsement on the identification certificate stating that the issuing agency approves the officer’s carrying of a loaded firearm. (d) An honorably retired peace officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall not be required to obtain an endorsement from the issuing agency to carry a loaded firearm. (Amended by Stats. 2013, Ch. 149, Sec. 1. (SB 303) Effective January 1, 2014.)
  180. 25910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    An endorsement or renewal endorsement under Section 25915 is effective only if it uses the format required by Section 25460(c), except that certain retired peace officers do not need that format until their first renewal endorsement issued on or after January 1, 1989.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25910. (a) Except as provided in subdivision (b), no endorsement or renewal endorsement issued pursuant to Section 25915 shall be effective unless it is in the format set forth in subdivision (c) of Section 25460. (b) Any peace officer listed in subdivision (f) of Section 830.2 or in subdivision (c) of Section 830.5, who is retired between January 2, 1981, and on or before December 31, 1988, and who is authorized to carry a loaded firearm pursuant to this article, shall not be required to have an endorsement in the format set forth in subdivision (c) of Section 25460 until the time of the issuance, on or after January 1, 1989, of a renewal endorsement pursuant to Section 25915. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  181. 25915.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Most retired peace officers must petition the issuing agency every five years to renew the privilege to carry a loaded firearm, unless they fall within listed exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25915. Every five years, a retired peace officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall petition the issuing agency, or a successor agency pursuant to paragraph (2) of subdivision (a) of Section 25905, for renewal of the privilege to carry a loaded firearm. (Amended by Stats. 2013, Ch. 149, Sec. 2. (SB 303) Effective January 1, 2014.)
  182. 25920.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retired peace officer’s loaded-firearm privilege may be denied or revoked for good cause by the retiring agency or successor agency.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25920. (a) The agency from which a peace officer is honorably retired, or a successor agency pursuant to paragraph (2) of subdivision (a) of Section 25905, may, upon initial retirement of the peace officer, or at any time subsequent thereto, deny or revoke for good cause the retired officer’s privilege to carry a loaded firearm. (b) A peace officer who is listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5 who is retired prior to January 1, 1981, shall have the privilege to carry a loaded firearm denied or revoked by having the agency from which the officer retired, or a successor agency pursuant to paragraph (2) of subdivision (a) of Section 25905, stamp on the officer’s identification certificate “No CCW privilege.” (Amended by Stats. 2013, Ch. 149, Sec. 3. (SB 303) Effective January 1, 2014.)
  183. 25925.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain honorably retired peace officers must complete Section 832 training, qualify with their firearm at least annually, and maintain eligibility to carry a loaded firearm. The Department of Justice must also provide subsequent arrest notifications for covered retired officers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public [25900 - 25925] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 25925. (a) An honorably retired peace officer who is listed in subdivision (c) of Section 830.5 and authorized to carry a loaded firearm by this article shall meet the training requirements of Section 832 and shall qualify with the firearm at least annually. (b) The individual retired peace officer shall be responsible for maintaining eligibility to carry a loaded firearm. (c) The Department of Justice shall provide subsequent arrest notification pursuant to Section 11105.2 regarding honorably retired peace officers listed in subdivision (c) of Section 830.5 to the agency from which the officer has retired, or a successor agency pursuant to paragraph (2) of subdivision (a) of Section 25905. (Amended by Stats. 2013, Ch. 149, Sec. 4. (SB 303) Effective January 1, 2014.)
  184. 26.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

    Verify source ↗

    Everyone is generally capable of committing crimes, except the listed classes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 26. All persons are capable of committing crimes except those belonging to the following classes: One—Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness. Two—Persons who are mentally incapacitated. Three—Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent. Four—Persons who committed the act charged without being conscious thereof. Five—Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence. Six—Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. (Amended by Stats. 2007, Ch. 31, Sec. 3. Effective January 1, 2008.)
  185. 2600.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. )

    Verify source ↗

    A prisoner sentenced to state prison, or under Section 1170(h), may be deprived of only those rights that are reasonably related to legitimate penological interests.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. ) ## 2600. (a) A person sentenced to imprisonment in a state prison or to imprisonment pursuant to subdivision (h) of Section 1170 may during that period of confinement be deprived of such rights, and only such rights, as is reasonably related to legitimate penological interests. (b) Nothing in this section shall be construed to overturn the decision in Thor v. Superior Court, 5 Cal. 4th 725. (Amended (as amended by Stats. 2011, Ch. 15, Sec. 462) by Stats. 2011, Ch. 665, Sec. 1.5. (AB 1114) Effective January 1, 2012.)
  186. 26000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25850 does not apply to members of the state or U.S. military forces when they are performing their duties.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26000. Section 25850 does not apply to members of the military forces of this state or of the United States engaged in the performance of their duties. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  187. 26005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25850 does not apply to people using target ranges for practice shooting, or to members of shooting clubs while hunting on club premises.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26005. Section 25850 does not apply to either of the following: (a) Persons who are using target ranges for the purpose of practice shooting with a firearm. (b) Members of shooting clubs while hunting on the premises of those clubs. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  188. 2601.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. )

    Verify source ↗

    People covered by Section 2600 have specified civil rights, including property rights, confidential legal/public-official mail, access to publications, civil suits, marriage, wills, and certain benefits, subject to stated limits and a $3 filing fee for civil actions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. ) ## 2601. Subject only to the provisions of that section, each person described in Section 2600 shall have the following civil rights: (a) Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment. However, to the extent authorized in Section 2600, the Department of Corrections may restrict or prohibit sales or conveyances that are made for business purposes. (b) To correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (c) (1) To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. Pursuant to this section, prison authorities may exclude any of the following matter: (A) Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained. (B) Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence. (C) Any matter concerning gambling or a lottery. (2) Nothing in this section shall be construed as limiting the right of prison authorities to do the following: (A) Open and inspect any and all packages received by an inmate. (B) Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in his or her cell or elsewhere in the prison at one time. (d) To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections, in addition to any other filing fee authorized by law, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure. (e) To marry. (f) To create a power of appointment. (g) To make a will. (h) To receive all benefits provided for in Sections 3370 and 3371 of the Labor Code and in Section 5069. (Amended by Stats. 1996, Ch. 886, Sec. 3. Effective January 1, 1997.)
  189. 26010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25850 does not apply to carrying any handgun when the carrying is authorized under Chapter 4 (starting with Section 26150) of Division 5.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26010. Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150) of Division 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.)
  190. 26015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 25850 does not apply to armored vehicle guards who meet one of the listed employment and firearms-qualification conditions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26015. Section 25850 does not apply to any armored vehicle guard, as defined in Section 7582.1 of the Business and Professions Code, if either of the following conditions is satisfied: (a) The guard was hired prior to January 1, 1977, and is acting within the course and scope of employment. (b) The guard was hired on or after January 1, 1977, has received a firearms qualification card from the Department of Consumer Affairs, and is acting within the course and scope of employment. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  191. 2602.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. )

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    People in state prison generally cannot be given psychiatric medication without prior informed consent, but involuntary treatment is allowed in defined nonemergency or emergency processes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. ) ## 2602. (a) Except as provided in subdivision (b), no person sentenced to imprisonment or housed in a state prison shall be administered any psychiatric medication without his or her prior informed consent. (b) If a psychiatrist determines that an inmate should be treated with psychiatric medication, but the inmate does not consent, the inmate may be involuntarily treated with the medication. Treatment may be given on either a nonemergency basis as provided in subdivision (c), or on an emergency or interim basis as provided in subdivision (d). (c) The Department of Corrections and Rehabilitation may seek to initiate involuntary medication on a nonemergency basis only if all of the following conditions have been met: (1) A psychiatrist has determined that the inmate has a serious mental disorder. (2) A psychiatrist has determined that, as a result of that mental disorder, the inmate is gravely disabled and does not have the capacity to refuse treatment with psychiatric medications or is a danger to self or others. (3) A psychiatrist has prescribed one or more psychiatric medications for the treatment of the inmate’s disorder, has considered the risks, benefits, and treatment alternatives to involuntary medication, and has determined that the treatment alternatives to involuntary medication are unlikely to meet the needs of the patient. (4) The inmate has been advised of the risks and benefits of, and treatment alternatives to, the psychiatric medication and refuses or is unable to consent to the administration of the medication. (5) The inmate is provided a hearing before an administrative law judge. (6) The inmate is provided counsel at least 21 days prior to the hearing, unless emergency or interim medication is being administered pursuant to subdivision (d), in which case the inmate would receive expedited access to counsel. The hearing shall be held not more than 30 days after the filing of the notice with the Office of Administrative Hearings, unless counsel for the inmate agrees to extend the date of the hearing. (7) The inmate and counsel are provided with written notice of the hearing at least 21 days prior to the hearing, unless emergency or interim medication is being administered pursuant to subdivision (d), in which case the inmate would receive an expedited hearing. The written notice shall do all of the following: (A) Set forth the diagnosis, the factual basis for the diagnosis, the basis upon which psychiatric medication is recommended, the expected benefits of the medication, any potential side effects and risks to the inmate from the medication, and any alternatives to treatment with the medication. (B) Advise the inmate of the right to be present at the hearing, the right to be represented by counsel at all stages of the proceedings, the right to present evidence, and the right to cross-examine witnesses. Counsel for the inmate shall have access to all medical records and files of the inmate, but shall not have access to the confidential section of the inmate’s central file which contains materials unrelated to medical treatment. (C) Inform the inmate of his or her right to contest the finding of an administrative law judge authorizing treatment with involuntary medication by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure, and his or her right to file a petition for writ of habeas corpus with respect to any decision of the Department of Corrections and Rehabilitation to continue treatment with involuntary medication after the administrative law judge has authorized treatment with involuntary medication. (8) An administrative law judge determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate is gravely disabled and lacks the capacity to consent to or refuse treatment with psychiatric medications or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate’s best medical interest. Failure of the department to provide timely or adequate notice pursuant to this section shall be excused only upon a showing of good cause and the absence of prejudice to the inmate. In making this determination, the administrative law judge may consider factors, including, but not limited to, the ability of the inmate’s counsel to adequately prepare the case and to confer with the inmate, the continuity of care, and, if applicable, the need for protection of the inmate or institutional staff that would be compromised by a procedural default. (9) The historical course of the inmate’s mental disorder, as determined by available relevant information about the course of the inmate’s mental disorder, shall be considered when it has direct bearing on the determination of whether the inmate is a danger to self or others, or is gravely disabled and incompetent to refuse medication as the result of a mental disorder. (10) An inmate is entitled to file one motion for reconsideration following a determination that he or she may receive involuntary medication, and may seek a hearing to present new evidence, upon good cause shown. (d) This section does not prohibit a physician from taking appropriate action in an emergency. An emergency exists when there is a sudden and marked change in an inmate’s mental condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others, and it is impractical, due to the seriousness of the emergency, to first obtain informed consent. If psychiatric medication is administered during an emergency, the medication shall only be that which is required to treat the emergency condition and shall be administered for only so long as the emergency continues to exist. If the Department of Corrections and Rehabilitation’s clinicians identify a situation that jeopardizes the inmate’s health or well-being as the result of a serious mental illness, and necessitates the continuation of medication beyond the initial 72 hours pending the full mental health hearing, the department shall give notice to the inmate and his or her counsel of the department’s intention to seek an ex parte order to allow the continuance of medication pending the full hearing. The notice shall be served upon the inmate and counsel at the same time the inmate is given the written notice that the involuntary medication proceedings are being initiated and is appointed counsel as provided in subdivision (c). The order may be issued ex parte upon a showing that in the absence of the medication the emergency conditions are likely to recur. The request for an ex parte order shall be supported by an affidavit from the psychiatrist showing specific facts. The inmate and the inmate’s appointed counsel shall have two business days to respond to the department’s ex parte request to continue interim medication, and may present facts supported by an affidavit in opposition to the department’s request. An administrative law judge shall review the ex parte request and shall have three business days to determine the merits of the department’s request for an ex parte order. If an order is issued, the psychiatrist may continue the administration of the medication until the hearing described in paragraph (5) of subdivision (c) is held. (1) The Department of Corrections and Rehabilitation shall file with the Office of Administrative Hearings, and serve on the inmate and his or her counsel, the written notice described in paragraph (7) of subdivision (c) within 72 hours of commencing medication pursuant to this subdivision, unless either of the following occurs: (A) The inmate gives informed consent to continue the medication. (B) A psychiatrist determines that the psychiatric medication is not necessary and administration of the medication is discontinued. (2) If medication is being administered pursuant to this subdivision, the hearing described in paragraph (5) of subdivision (c) shall commence within 21 days of the filing and service of the notice, unless counsel for an inmate agrees to a different period of time. (3) With the exception of the timeline provisions specified in paragraphs (1) and (2) for providing notice and commencement of the hearing pursuant to the conditions specified in this subdivision, the inmate shall be entitled to and be given the same due process protections as specified in subdivision (c). The department shall prove the same elements supporting the involuntary administration of psychiatric medication and the administrative law judge shall be required to make the same findings described in subdivision (c). (e) The determination that an inmate may receive involuntary medication shall be valid for one year from the date of the determination, regardless of whether the inmate subsequently gives his or her informed consent. (f) If a determination has been made to involuntarily medicate an inmate pursuant to subdivision (c) or (d), the medication shall be discontinued one year after the date of that determination, unless the inmate gives his or her informed consent to the administration of the medication, or unless a new determination is made pursuant to the procedures set forth in subdivision (g). (g) To renew an existing order allowing involuntary medication, the department shall file with the Office of Administrative Hearings, and shall serve on the inmate and his or her counsel, a written notice indicating the department’s intent to renew the existing involuntary medication order. (1) The request to renew the order shall be filed and served no later than 21 days prior to the expiration of the current order authorizing involuntary medication. (2) The inmate shall be entitled to, and shall be given, the same due process protections as specified in subdivision (c). (3) Renewal orders shall be valid for one year from the date of the hearing. (4) An order renewing an existing order shall be granted based on clear and convincing evidence that the inmate has a serious mental disorder that requires treatment with psychiatric medication, and that, but for the medication, the inmate would revert to the behavior that was the basis for the prior order authorizing involuntary medication, coupled with evidence that the inmate lacks insight regarding his or her need for the medication, such that it is unlikely that the inmate would be able to manage his or her own medication and treatment regimen. No new acts need be alleged or proven. (5) If the department wishes to add a basis to an existing order, the department shall give the inmate and the inmate’s counsel notice in advance of the hearing via a renewal notice or supplemental petition. Within the renewal notice or supplemental petition, the department shall specify what additional basis is being alleged and what qualifying conduct within the past year supports that additional basis. The department shall prove the additional basis and conduct by clear and convincing evidence at a hearing as specified in subdivision (c). (6) The hearing on any petition to renew an order for involuntary medication shall be conducted prior to the expiration of the current order. (h) Pursuant to Section 5058, the Department of Corrections and Rehabilitation shall adopt regulations to fully implement this section. (i) In the event of a conflict between the provisions of this section and the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of the Government Code), this section shall control. (Amended by Stats. 2013, Ch. 76, Sec. 157. (AB 383) Effective January 1, 2014.)
  192. 26020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A qualified retired federal law-enforcement officer or agent may be allowed to carry a loaded firearm if the county sheriff approves and issues a permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26020. (a) Upon approval of the sheriff of the county in which the retiree resides, Section 25850 does not apply to any honorably retired federal officer or agent of any federal law enforcement agency, including, but not limited to, the Federal Bureau of Investigation, the United States Secret Service, the United States Customs Service, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Narcotics, the United States Drug Enforcement Administration, the United States Border Patrol, and any officer or agent of the Internal Revenue Service who was authorized to carry weapons while on duty, who was assigned to duty within the state for a period of not less than one year, or who retired from active service in the state. (b) A retired federal officer or agent shall provide the sheriff with certification from the agency from which the officer or agent retired certifying that person’s service in the state, stating the nature of that person’s retirement, and indicating the agency’s concurrence that the retired federal officer or agent should be accorded the privilege of carrying a loaded firearm. (c) Upon approval, the sheriff shall issue a permit to the retired federal officer or agent indicating that the retiree may carry a loaded firearm in accordance with this section. The permit shall be valid for a period not exceeding five years, shall be carried by the retiree while carrying a loaded firearm, and may be revoked for good cause. (d) The sheriff of the county in which the retired federal officer or agent resides may require recertification prior to a permit renewal, and may suspend the privilege for cause. The sheriff may charge a fee necessary to cover any reasonable expenses incurred by the county. (Amended by Stats. 2011, Ch. 296, Sec. 231. (AB 1023) Effective January 1, 2012.)
  193. 26025.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Section 25850 does not apply to certain trained and designated officers and workers listed in this section.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26025. Section 25850 does not apply to any of the following who have completed a regular course in firearms training approved by the Commission on Peace Officer Standards and Training: (a) Patrol special police officers appointed by the police commission of any city, county, or city and county under the express terms of its charter who also, under the express terms of the charter, satisfy all of the following requirements: (1) They are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial. (2) They are not less than 18 years of age or more than 40 years of age. (3) They possess physical qualifications prescribed by the commission. (4) They are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission. (b) Animal control officers or zookeepers, regularly compensated in that capacity by a governmental agency, when carrying weapons while acting in the course and scope of their employment and when designated by a local ordinance or, if the governmental agency is not authorized to act by ordinance, by a resolution, either individually or by class, to carry the weapons. (c) Persons who are authorized to carry the weapons pursuant to Section 14502 of the Corporations Code, while actually engaged in the performance of their duties pursuant to that section. (d) Harbor police officers designated pursuant to Section 663.5 of the Harbors and Navigation 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.)
  194. 2603.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. )

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    This section allows antipsychotic medication to be given without prior informed consent only in limited situations for certain jailed individuals found incompetent to stand trial.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. ) ## 2603.5. (a) Notwithstanding Section 2603, if an individual has been found incompetent to stand trial after having been charged with a misdemeanor offense, as described in Section 1370.01, and is confined in the county jail, antipsychotic medication may be administered without their prior informed consent only in the following circumstances: (1) An emergency, as defined by either subdivision (m) of Section 5008 of the Welfare and Institutions Code or subdivision (d) of Section 2603 of the Penal Code. (A) In the case of an emergency, antipsychotic medication may, despite the individual’s objection, be administered before a capacity hearing if the medication is necessary to address the emergency condition and is administered in the least restrictive manner, only for the duration of the emergency, and in no case for more than 72 hours, except as provided by subparagraph (B). (B) If a psychiatrist determines that continued administration of antipsychotic medication is necessary beyond the initial 72 hours and the individual does not consent to take the medication voluntarily, the psychiatrist may petition the superior court in the county where the individual is confined to order continued treatment with antipsychotic medication. The petition and a written notice, as described in paragraph (1) of subdivision (b), shall be filed within the initial 72-hour period that the antipsychotic medication is administered and served on the individual and their counsel. (2) (A) Upon a court’s determination that the individual is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, and that the individual does not have the capacity to consent to or refuse treatment with antipsychotic medication. The fact that an individual has temporary access to food, clothing, shelter, personal safety, and necessary medical care while incarcerated is not a basis to conclude that the individual is able to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care, which shall be evaluated based upon the individual’s ability to provide for those needs while not incarcerated. The court shall consider opinions in the reports prepared pursuant to subdivision (b) of Section 1369, as applicable to the issue of whether the individual lacks the capacity to make decisions regarding the administration of antipsychotic medication, and shall proceed as follows: (i) The court shall conduct a hearing before a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer, as specified in subdivision (c) of Section 5334 of the Welfare and Institutions Code, to determine whether any of the following is true: (I) Based upon the opinion of the psychiatrist or licensed psychologist offered to the court pursuant to subdivision (b) of Section 1369, the individual lacks the capacity to make decisions regarding antipsychotic medication, the individual’s mental disorder requires medical treatment with antipsychotic medication, and, if the individual’s mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the individual will result. Probability of serious harm to the physical or mental health of the individual requires evidence that the individual is presently suffering adverse effects to their physical or mental health, or the individual has previously suffered these effects as a result of a mental disorder and their condition is substantially deteriorating. The fact that an individual has a diagnosis of a mental disorder does not alone establish probability of serious harm to the physical or mental health of the individual. (II) Based upon the opinion of the psychiatrist or licensed psychologist offered to the court pursuant to subdivision (b) of Section 1369, the individual is a danger to others, in that the individual has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another while in custody, or the individual had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in the individual being taken into custody, and the individual presents, as a result of mental disorder or mental defect, a danger of inflicting substantial physical harm to others. (ii) (I) If the court finds the conditions described in subclause (I) or (II) of clause (i) to be true, and has considered the conditions in subdivision (c), and if, pursuant to the opinion offered to the court pursuant to subdivision (b) of Section 1369, a psychiatrist has opined that treatment with antipsychotic medication may be appropriate for the individual, the court may issue an order authorizing the administration of antipsychotic medication as needed, including on an involuntary basis, to be administered under the direction and supervision of a licensed psychiatrist. (II) If the court finds the conditions described in subclause (I) or (II) of clause (i) to be true, and has considered the conditions in subdivision (c), and if, pursuant to the opinion offered to the court pursuant to subdivision (b) of Section 1369, a licensed psychologist has opined that treatment with antipsychotic medication may be appropriate for the individual, the court may issue an order authorizing treatment by a licensed psychiatrist on an involuntary basis. That treatment may include the administration of antipsychotic medication, as needed, to be administered under the direction and supervision of a licensed psychiatrist. (B) A hearing pursuant to this section may occur at the same time as the competency hearing held pursuant to Section 1369. (b) Before an order authorizing the administration of involuntary medication is issued pursuant to this section, the person shall have the following rights: (1) To receive written notice of the diagnosis, the factual basis for the diagnosis, the expected benefits of the medication, any potential side effects and risks of the medication, and any alternatives to treatment with the medication. (2) To be represented by counsel at all stages of the proceedings. (3) To receive timely access to their medical records and files. (4) To be present at all stages of the proceedings. (5) To present evidence and cross-examine witnesses. (c) After hearing, involuntary medication may be administered if the court finds by clear and convincing evidence that all of the following conditions are met: (1) A psychiatrist or psychologist has determined that the individual has a mental disorder that can be treated with antipsychotic medication. (2) A psychiatrist or psychologist has determined that, as a result of that mental disorder, the individual is gravely disabled and lacks the capacity to consent to, or refuse treatment with, antipsychotic medications. (3) That serious harm to the physical or mental health of the individual is likely to result absent treatment with antipsychotic medication. (4) A psychiatrist has prescribed one or more antipsychotic medications for the treatment of the individual’s disorder, has considered the risk, benefits, and treatment alternatives to involuntary medication, and has determined that the treatment alternatives to involuntary medication are unlikely to meet the needs of the individual. (5) The individual has been advised of the expected benefits of any potential side effects and risks to the individual, any alternatives to treatment with antipsychotic medication, and refuses, or is unable to consent to, the administration of the medication. (6) The jail has made a documented attempt to locate an available bed for the individual in a community-based treatment facility in lieu of seeking to administer involuntary medication. If a community-based alternative is not available, medication shall only be administered by noncustody, health care staff and individuals will be monitored at least every 15 minutes for at least one hour after administration of medication. (7) There is no less intrusive alternative to the involuntary administration of antipsychotic medication, and involuntary administration of the medication is in the individual’s best medical interest. (d) The individual’s confinement shall not be extended to provide treatment to the individual with antipsychotic medication pursuant to this section. An order pursuant to this section shall be valid until the first of the following events occurs: (1) Ninety days from the date the individual is found incompetent to stand trial pursuant to Section 1370.01. (2) Ninety days after the date when the individual is referred to a program described in paragraph (4) of subdivision (b) of Section 1370.01. (3) Upon order of any court with jurisdiction over the individual, including pursuant to a program described in paragraph (4) of subdivision (b) of Section 1370.01. (4) The individual is released from custody in the county jail. (e) The court shall review the order no more than 60 days after an order is issued pursuant to this section to determine whether the grounds for the order remain. At the review, the psychiatrist shall file an affidavit with the court that ordered the involuntary medication affirming that the person who is the subject of the order continues to meet the criteria for involuntary medication. A copy of the affidavit shall be provided to the individual who is the subject of the order and the individual’s attorney. In determining whether the criteria for involuntary medication still exists, the court shall consider the affidavit of the psychiatrist or psychiatrists and any supplemental information provided by the individual’s attorney. The court may also require the testimony from the psychiatrist, if necessary. At the review, the court may make any appropriate order or keep the existing order in place subject to (d). (f) An individual who is subject to an order made pursuant to this subdivision has the legal and civil rights set forth in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code. (g) This section does not preclude an individual from filing a petition for habeas corpus to challenge the continuing validity of an order authorizing the administration of antipsychotic medication. (h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before that date, deletes or extends that date. (Added by Stats. 2025, Ch. 330, Sec. 1. (SB 820) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  195. 26030.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section exempts listed security and related workers with a certificate from the loaded-firearm ban in Section 25850, and lets the Department of Consumer Affairs issue those certificates.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26030. (a) Section 25850 does not apply to any of the following who have been issued a certificate pursuant to subdivision (d): (1) Guards or messengers of common carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state. (2) Guards of contract carriers operating armored vehicles pursuant to California Highway Patrol and Public Utilities Commission authority, if they were hired prior to January 1, 1977. (3) Guards of contract carriers operating armored vehicles pursuant to California Highway Patrol and Public Utilities Commission authority, if they were hired on or after January 1, 1977, and they have completed a course in the carrying and use of firearms that meets the standards prescribed by the Department of Consumer Affairs. (4) Private investigators licensed pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment. (5) Uniformed employees of private investigators licensed pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment. (6) Private patrol operators licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment. (7) Uniformed employees of private patrol operators licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment. (8) Alarm company operators licensed pursuant to Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment. (9) Uniformed security guards or night watch persons employed by any public agency, while acting within the scope and course of their employment. (10) Uniformed security guards, regularly employed and compensated in that capacity by persons engaged in any lawful business, and uniformed alarm agents employed by an alarm company operator, while actually engaged in protecting and preserving the property of their employers, or on duty or en route to or from their residences or their places of employment, and security guards and alarm agents en route to or from their residences or employer-required range training. (b) Nothing in paragraph (10) of subdivision (a) shall be construed to prohibit cities and counties from enacting ordinances requiring alarm agents to register their names. (c) A certificate under this section shall not be required of any person who is a peace officer, who has completed all training required by law for the exercise of the person’s power as a peace officer, and who is employed while not on duty as a peace officer. (d) The Department of Consumer Affairs may issue a certificate to any person referred to in this section, upon notification by the school where the course was completed, that the person has successfully completed a course in the carrying and use of firearms and a course of training in the exercise of the powers of arrest, which meet the standards prescribed by the department pursuant to Section 7583.5 of the Business and Professions 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.)
  196. 26035.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says Section 25850 does not bar certain people from having a loaded firearm at a business location or on private property they lawfully possess.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26035. Nothing in Section 25850 shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person’s place of business, or any person in lawful possession of private property from having a loaded firearm on that property. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  197. 2604.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. )

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    This section lets a licensed physician or dentist ask for an administrative hearing to decide an adult inmate patient’s capacity and, if needed, appoint a surrogate decisionmaker for health care.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. ) ## 2604. (a) Except as provided in subdivision (b), an adult housed in state prison is presumed to have the capacity to give informed consent and make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate. This presumption is a presumption affecting the burden of proof. (b) (1) Except as provided in Section 2602, a licensed physician or dentist may file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient’s capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if all of the following conditions are satisfied: (A) The licensed physician or dentist is treating a patient who is an adult housed in state prison. (B) The licensed physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to give informed consent or make a health care decision. (C) There is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. (2) Preference shall be given to the next of kin or a family member as a surrogate decisionmaker over other potential surrogate decisionmakers unless those individuals are unsuitable or unable to serve. (c) The petition required by subdivision (b) shall allege all of the following: (1) The inmate patient’s current physical condition, describing the health care conditions currently afflicting the inmate patient. (2) The inmate patient’s current mental health condition resulting in the inmate patient’s inability to understand the nature and consequences of their need for care such that there is a lack of capacity to give informed consent or make a health care decision. (3) The deficit or deficits in the inmate patient’s mental functions as listed in subdivision (a) of Section 811 of the Probate Code. (4) An identification of a link, if any, between the deficits identified pursuant to paragraph (3) and an explanation of how the deficits identified pursuant to that paragraph result in the inmate patient’s inability to participate in a decision about their health care either knowingly and intelligently or by means of a rational thought process. (5) A discussion of whether the deficits identified pursuant to paragraph (3) are transient, fixed, or likely to change during the proposed year-long duration of the court order. (6) The efforts made to obtain informed consent or refusal from the inmate patient and the results of those efforts. (7) The efforts made to locate next of kin who could act as a surrogate decisionmaker for the inmate patient. If those individuals are located, all of the following shall also be included, so far as the information is known: (A) The names and addresses of the individuals. (B) Whether any information exists to suggest that any of those individuals would not act in the inmate patient’s best interests. (C) Whether any of those individuals are otherwise suitable to make health care decisions for the inmate patient. (8) The probable impact on the inmate patient with, or without, the appointment of a surrogate decisionmaker. (9) A discussion of the inmate patient’s desires, if known, and whether there is an advance health care directive or other documented indication of the inmate patient’s directives or desires and how those indications might influence the decision to issue an order. Additionally, any known advanced health care directives executed while the inmate patient had capacity shall be disclosed. (10) The petitioner’s recommendation specifying a qualified and willing surrogate decisionmaker as described in subdivision (q), and the reasons for that recommendation. (d) The petition shall be served on the inmate patient and the inmate patient’s counsel, and filed with the Office of Administrative Hearings on the same day as it was served. The Office of Administrative Hearings shall issue a notice appointing counsel. (e) (1) At the time the initial petition is filed, the inmate patient shall be provided with counsel and a written notice advising the inmate patient of all of the following: (A) The right to be present at the hearing. (B) The right to be represented by counsel at all stages of the proceedings. (C) The right to present evidence. (D) The right to cross-examine witnesses. (E) The right of either party to seek one reconsideration of the administrative law judge’s decision per calendar year. (F) The right to file a petition for writ of administrative mandamus in superior court pursuant to Section 1094.5 of the Code of Civil Procedure. (G) The right to file a petition for writ of habeas corpus in superior court with respect to any decision. (2) Counsel for the inmate patient shall have access to all relevant medical and central file records for the inmate patient, but shall not have access to materials unrelated to medical treatment located in the confidential section of the inmate patient’s central file. Counsel shall also have access to all health care appeals filed by the inmate patient and responses to those appeals, and, to the extent available, any habeas corpus petitions or health care related litigation filed by, or on behalf of, the inmate patient. (f) The inmate patient shall be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition, unless counsel for the inmate patient agrees to extend the date of the hearing. (g) The inmate patient, or the inmate patient’s counsel, shall have 14 days from the date of filing of any petition to file a response to the petition, unless a shorter time for the hearing is sought by the licensed physician or dentist and ordered by the administrative law judge, in which case the judge shall set the time for filing a response. The response shall be served to all parties who were served with the initial petition and the attorney for the petitioner. (h) In case of an emergency, as described in Section 3351 of Title 15 of the California Code of Regulations, the inmate patient’s physician or dentist may administer a medical intervention that requires informed consent prior to the date of the administrative hearing. Counsel for the inmate patient shall be notified by the physician or dentist. (i) In either an initial or renewal proceeding, the inmate patient has the right to contest the finding of an administrative law judge authorizing a surrogate decisionmaker by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. (j) In either an initial or renewal proceeding, either party is entitled to file one motion for reconsideration per calendar year in front of the administrative law judge following a determination as to an inmate patient’s capacity to give informed consent or make a health care decision. The motion may seek to review the decision for the necessity of a surrogate decisionmaker, the individual appointed under the order, or both. The motion for reconsideration shall not require a formal rehearing unless ordered by the administrative law judge following submission of the motion, or upon the granting of a request for formal rehearing by any party to the action based on a showing of good cause. (k) (1) To renew an existing order appointing a surrogate decisionmaker, the current physician or dentist, or a previously appointed surrogate decisionmaker shall file a renewal petition. The renewal shall be for an additional year at a time. The renewal hearing on any order issued under this section shall be conducted prior to the expiration of the current order, but not sooner than 10 days after the petition is filed, at which time the inmate patient shall be brought before an administrative law judge for a review of the inmate patient’s current medical and mental health condition. (2) A renewal petition shall be served on the inmate patient and their counsel, and filed with the Office of Administrative Hearings on the same day as it was served. The Office of Administrative Hearings shall issue a written order appointing counsel. (3) (A) The renewal hearing shall be held in accordance with subdivisions (d) to (g), inclusive. (B) (i) At the time the renewal petition is filed, the inmate patient shall be provided with counsel and a written notice advising the inmate patient of all of the following: (I) The right to be present at the hearing. (II) The right to be represented by counsel at all stages of the proceedings. (III) The right to present evidence. (IV) The right to cross-examine witnesses. (V) The right of either party to seek one reconsideration of the administrative law judge’s decision per calendar year. (VI) The right to file a petition for writ of administrative mandamus in superior court pursuant to Section 1094.5 of the Code of Civil Procedure. (VII) The right to file a petition for writ of habeas corpus in superior court with respect to any decision. (ii) Counsel for the inmate patient shall have access to all relevant medical and central file records for the inmate patient, but shall not have access to materials unrelated to medical treatment located in the confidential section of the inmate patient’s central file. Counsel shall also have access to all health care appeals filed by the inmate patient and responses to those appeals, and, to the extent available, any habeas corpus petitions or health care related litigation filed by, or on behalf of, the inmate patient. (4) The renewal petition shall request the matter be reviewed by an administrative law judge, and allege all of the following: (A) The current status of each of the elements set forth in paragraphs (1) to (8), inclusive, of subdivision (c). (B) Whether the inmate patient still requires a surrogate decisionmaker. (C) Whether the inmate patient continues to lack capacity to give informed consent or make a health care decision. (l) A licensed physician or dentist who submits a petition pursuant to this section shall not be required to obtain a court order pursuant to Section 3201 of the Probate Code prior to administering care that requires informed consent. (m) This section does not affect the right of an inmate patient who has been determined to lack capacity to give informed consent or make a health care decision and for whom a surrogate decisionmaker has been appointed to do either of the following: (1) Seek appropriate judicial relief to review the determination or appointment by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. (2) File a petition for writ of habeas corpus in superior court regarding the determination or appointment, or any treatment decision by the surrogate decisionmaker. (n) A licensed physician or other health care provider whose actions under this section are in accordance with reasonable health care standards, a surrogate decisionmaker appointed pursuant to this section, and an administrative law judge shall not be liable for monetary damages or administrative sanctions for decisions made or actions taken consistent with this section and the known and documented desires of the inmate patient, or if unknown, the best interests of the inmate patient. (o) The determinations required to be made pursuant to subdivisions (c) and (k), and the basis for those determinations, shall be documented in the inmate patient’s medical record. (p) (1) With regard to any petition filed pursuant to subdivision (c) or (k), the administrative law judge shall determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that all of the following occurred: (A) Adequate notice and an opportunity to be heard has been given to the inmate patient and the inmate patient’s counsel. (B) Reasonable efforts have been made to obtain informed consent from the inmate patient. (C) As a result of one or more deficits in the inmate patient’s mental functions, the inmate patient lacks capacity to give informed consent or make a health care decision and is unlikely to regain that capacity over the next year. (D) Reasonable efforts have been made to identify family members or relatives who could serve as a surrogate decisionmaker for the inmate patient. (2) The written decision shall also specify and describe any advance health care directives or other documented indication of the inmate patient’s directives or desires regarding health care that were created and validly executed while the inmate patient had capacity. (q) (1) If all findings required by subdivision (p) are made, the administrative law judge shall appoint a surrogate decisionmaker for health care for the inmate patient. In doing so, the administrative law judge shall consider all reasonable options presented, including those identified in the petition, and weigh how the proposed surrogate decisionmaker would represent the best interests of the inmate patient, the efficacy of achieving timely surrogate decisions, and the urgency of the situation. Family members or relatives of the inmate patient should be appointed when possible if such an individual is available and the administrative law judge determines the family member or relative will act in the inmate patient’s best interests. (2) An employee of the Department of Corrections and Rehabilitation, or other peace officer, shall not be appointed surrogate decisionmaker for health care for any inmate patient under this section, unless either of the following conditions apply: (A) The individual is a family member or relative of the inmate patient and will, as determined by the administrative law judge, act in the inmate patient’s best interests and consider the inmate patient’s personal values and other wishes to the extent those values and wishes are known. (B) The individual is a health care staff member in a managerial position and does not provide direct care to the inmate patient. A surrogate decisionmaker appointed under this subparagraph may be specified by their functional role at the institution, such as “Chief Physician and Surgeon” or “Chief Medical Executive” to provide clarity as to the active decisionmaker at the institution where the inmate patient is housed, and to anticipate potential personnel changes. When the surrogate decisionmaker is specified by position, rather than by name, the person occupying that specified role at the institution at which the inmate patient is currently housed shall be considered and act as the appointed surrogate decisionmaker. (3) The order appointing the surrogate decisionmaker shall be written and state the basis for the decision by reference to the particular mandates of this subdivision. The order shall also state that the surrogate decisionmaker shall honor and follow any advance health care directive or other documented indication of the inmate patient’s directives or desires, and specify any such directive, order, or documented desire. (4) The surrogate decisionmaker shall follow the inmate patient’s personal values and other wishes to the extent those values and wishes are known. (r) The administrative law judge’s written decision and order appointing a surrogate decisionmaker shall be placed in the inmate patient’s Department of Corrections and Rehabilitation health care record. (s) An order entered under this section is valid for one year and the expiration date shall be written on the order. The order shall be valid at any state correctional facility within California. If the inmate patient is moved, the sending institution shall inform the receiving institution of the existence of an order entered under this section. (t) (1) This section applies only to orders appointing a surrogate decisionmaker with authority to make a health care decision for an inmate patient who lacks capacity to give informed consent or make a health care decision. (2) This section does not apply to existing law regarding health care to be provided in an emergency or existing law governing health care for unemancipated minors. This section shall not be used for the purposes of determining or directing an inmate patient’s control over finances, marital status, or for convulsive treatment, as described in Section 5325 of the Welfare and Institutions Code, psychosurgery, as defined in Section 5325 of the Welfare and Institutions Code, sterilization, abortion, or involuntary administration of psychiatric medication, as described in Section 2602. (u) The Secretary of the Department of Corrections and Rehabilitation may adopt regulations as necessary to carry out the purposes of this section. (Amended by Stats. 2019, Ch. 256, Sec. 12. (SB 781) Effective January 1, 2020.)
  198. 26040.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may carry a loaded firearm in an incorporated city while hunting if the hunting is not prohibited by the city council.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26040. Nothing in Section 25850 shall prevent any person from carrying a loaded firearm in an area within an incorporated city while engaged in hunting, provided that the hunting at that place and time is not prohibited by the city council. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  199. 26045.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section allows loaded-firearm carrying to be justified in immediate grave danger situations, and it defines “immediate” for this section.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public [26000 - 26060] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26045. (a) Nothing in Section 25850 is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property. (b) A violation of Section 25850 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25850 or committing another similar offense. Upon trial for violating Section 25850, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger. (c) As used in this section, “immediate” means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance. (Amended by Stats. 2018, Ch. 185, Sec. 7. (AB 2176) Effective January 1, 2019.)
  200. 2605.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. )

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    The Department of Corrections and Rehabilitation must privately ask incoming individuals for specified gender identity information, and staff must use the person’s stated pronoun and honorific.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Civil Rights of Prisoners [2600 - 2644] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1175. ) ## ARTICLE 1. Civil Rights [2600 - 2607] ( Article 1 repealed and added by Stats. 1975, Ch. 1175. ) ## 2605. (a) During the initial intake and classification process, and in a private setting, the Department of Corrections and Rehabilitation shall ask each individual entering into the custody of the department to specify all of the following: (1) The individual’s gender identity of female, male, or nonbinary. (2) Whether the individual identifies as transgender, nonbinary, or intersex. (3) The individual’s gender pronoun and honorific. (b) A person incarcerated by the department may not be disciplined for refusing to answer, or for not disclosing complete information in response to, the questions pursuant to this section. (c) At any time, a person under the jurisdiction of the department may inform designated facility staff of their gender identity, and designated facility staff shall promptly repeat the process of offering the individual an opportunity to specify the gender pronoun and honorific most appropriate for staff to use in reference to that individual, in accordance with subdivision (a). (d) Staff, contractors, and volunteers of the department shall not consistently fail to use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding the individual that involve use of a pronoun and honorific. (e) For the purposes of this section, the following terms have the following meanings: (1) “Gender pronoun” means a third-person singular personal pronoun, such as “he,” “she,” or “they.” (2) “Honorific” means a form of respectful address typically combined with an individual’s surname. (Added by Stats. 2020, Ch. 182, Sec. 3. (SB 132) Effective January 1, 2021.)

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