Penal Code — Part 13 | PEN — United States — California law | Esheria

Penal Code

Part 13 of 29 · provisions 2,401–2,600

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. 26050.

    ## 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 the loaded-firearm carry ban in Section 25850 does not block a person from carrying a loaded firearm while making or trying to make a lawful arrest.

    ## 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. ) ## 26050. Nothing in Section 25850 is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a lawful arrest. (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. 26055.

    ## 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 is exempt from Section 25850 when keeping a loaded weapon at a residence, including a temporary residence or campsite, if the weapon is otherwise lawful.

    ## 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. ) ## 26055. Nothing in Section 25850 shall prevent any person from having a loaded weapon, if it is otherwise lawful, at the person’s place of residence, including any temporary residence or campsite. (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. 2606.

    ## 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 requires the Department of Corrections and Rehabilitation to respect covered incarcerated individuals’ gender identity in addressing, searches, housing, and safety-related decisions, and it limits discriminatory denials.

    ## 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. ) ## 2606. (a) An individual incarcerated by the Department of Corrections and Rehabilitation who is transgender, nonbinary, or intersex, regardless of anatomy, shall: (1) Be addressed in a manner consistent with the incarcerated individual’s gender identity. (2) If lawfully searched, be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individual’s search preference. If the incarcerated individual’s preference or gender identity cannot be determined, the search shall be conducted according to the gender designation of the facility where they are housed. (3) Be housed at a correctional facility designated for men or women based on the individual’s preference, including, if eligible, at a residential program for individuals under the jurisdiction of the department. These programs include, but are not limited to, the Alternative Custody Program, Custody to Community Transitional Reentry Program, Male Community Reentry Program, or Community Prisoner Mother Program. (4) Have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed pursuant to paragraph (3) of subdivision (a) or subdivision (b), including, but not limited to, granting single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat from any location where they may have access to the individual who has expressed a safety concern. If, pursuant to this paragraph, the individual is not granted an alternative based on their perception of health and safety, the department shall document the reasons for that denial and share them with the individual. (b) If the Department of Corrections and Rehabilitation has management or security concerns with an incarcerated individual’s search preference pursuant to paragraph (2) of subdivision (a) or preferred housing placement pursuant to paragraph (3) of subdivision (a), the Secretary of the Department of Corrections and Rehabilitation, or the secretary’s designee, shall, before denying a search preference or housing the incarcerated individual in a manner contrary to the person’s preferred housing placement, certify in writing a specific and articulable basis why the department is unable to accommodate that search or housing preference. (c) The Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following: (1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person. (2) The sexual orientation of the incarcerated person. (3) For a denial of a housing preference pursuant to paragraph (3) of subdivision (a), a factor present among other people incarcerated at the preferred type of facility. (d) The incarcerated individual shall receive a copy of the written statement described in subdivision (b) and, within a reasonable time following the individual’s receipt of the statement, the Department of Corrections and Rehabilitation shall provide the individual with a meaningful opportunity to verbally raise any objections to that denial, and have those objections documented. (e) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed. (Added by Stats. 2020, Ch. 182, Sec. 4. (SB 132) Effective January 1, 2021.)
  4. 26060.

    ## 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 26060 exempts certain people from Section 25850 when storing or possessing specific signaling devices on vessels, aircraft, or in/near permitted hunting areas.

    ## 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. ) ## 26060. Nothing in Section 25850 shall prevent any person from storing aboard any vessel or aircraft any loaded or unloaded rocket, rocket propelled projectile launcher, or similar device designed primarily for emergency or distress signaling purposes, or from possessing that type of a device while in a permitted hunting area or traveling to or from a permitted hunting area and carrying a valid California permit or license to hunt. (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. 2607.

    ## 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 custody have a right to religious accommodation for grooming, clothing, and headwear, and facilities must handle bookings, searches, and storage in ways that respect that right unless a narrow security exception applies.

    ## 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. ) ## 2607. (a) An individual in custody of a state or local detention facility shall have the right to religious accommodation with respect to grooming, religious clothing, and headwear in observance of their sincerely held religious belief, at all times and throughout the facility, except if in furtherance of a compelling governmental interest with regard to institutional security that may impact the facility, staff, the individual, or others in custody. Religious grooming, clothing, and headwear accommodations shall only be denied when doing so would be the least restrictive means of furthering these governmental interests. This subdivision applies to each provision throughout this section. (b) A facility shall do all of the following: (1) (A) During the initial booking, intake, and classification process, facility staff shall ask each individual entering into their custody whether the individual practices a sincerely held religious belief that requires accommodation with respect to grooming, religious clothing, or religious headwear. (B) The facility shall allow the individual in custody to purchase facility-issued, for local facilities, or department-approved, religious clothing and headwear or provide access, as defined in subdivision (c). If unavailable, the facility shall allow the individual to retain their religious clothing and headwear unless subdivision (a) applies, until facility-issued, for local facilities, or department-approved, religious clothing and headwear can be accessed or purchased. If purchased by an individual in custody, the price of facility-issued religious clothing and headwear shall not exceed the purchase price and normal taxes of the items. (C) The facility shall not require an individual’s hair or beard be trimmed or cut during the booking, intake, or classification process and shall allow the individual in custody to maintain their hair and beard length according to their sincerely held religious beliefs. (2) Unless exigent circumstances exist, when an individual in custody wearing religious clothing or headwear is searched, the facility shall do all of the following: (A) Staff shall offer the individual in custody the opportunity to have this search conducted by members of the same gender and out of view of members of a differing gender. (B) Following the search, staff shall return to the individual in custody, any religious clothing or headwear purchased, accessed, or retained pursuant to subparagraph (B) of paragraph (1), unless there is reason to confiscate the item due to a security risk, which shall be documented. (c) For purposes of this section, the following definitions apply: (1) (A) For local facilities, “access” means making available religious clothing and headwear received through facility-approved vendors, outside donations, or items already issued or provided by the facilities. (B) For state facilities, “access” means making available religious clothing and headwear received through department-approved vendors. (2) “Individual in custody” means a person confined to a state or local detention facility, including, but not limited to, a person in the booking process; in temporary holding pending release, transfer, or appearance in court; during or awaiting trial proceedings; awaiting arraignment; sentenced to imprisonment; and imprisoned upon conviction. (3) “Local detention facility” has the same meaning as defined in subdivision (b) of Section 4027. (4) “Religious grooming” should be construed broadly to include all forms of head, facial, and body hair that are part of an individual religious observance. (5) “Religious clothing and headwear” includes a hijab, kufi, scarf, yarmulke, patka, turban, bandana, and modesty belief with regard to fully covering the arms and legs. (d) This section applies without regard to whether the facility is operated pursuant to a contract with a private contractor and without regard to whether the individual in custody has been charged with or convicted of a crime. (e) The Department of Corrections and Rehabilitation may promulgate regulations necessary to implement this section, including, but not limited to, establishing standards for department-approved items, expanding the items included in religious clothing and headwear, restricting locations, and establishing any additional limitations. (f) An incarcerated person who believes their request for a religious accommodation as described in this section has been denied has the right to pursue relief pursuant to Chapter 21C (commencing with Section 2000cc) of Title 42 of the United States Code, known as the Religious Land Use and Institutionalized Persons Act. (Added by Stats. 2023, Ch. 388, Sec. 1. (SB 309) Effective January 1, 2024.)
  6. 261.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    This section defines rape and lists the circumstances that make sexual intercourse rape, including lack of legal consent, force or fear, incapacitating substances, unconsciousness, deception about the partner, and certain threats.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 261. (a) Rape is an act of sexual intercourse accomplished under any of the following circumstances: (1) (A) If a person is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. A person with a mental disorder or developmental or physical disability shall not be presumed to be unable to give legal consent to sexual intercourse due to that disability. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or the absence of voluntary supports as described in Division 11.5 (commencing with Section 21000) of the Welfare and Institutions Code, except subdivisions (a) and (b) of Section 21000, the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. This paragraph does not preclude the prosecution of the person committing the act under any other paragraph of this subdivision or any other law. (B) In determining whether the person is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, both of the following shall be considered, as applicable: (i) Any mitigating measure in place, as defined in subdivision (n) of Section 11065 of Title 2 of the California Code of Regulations, as that regulation existed on January 1, 2025. (ii) Any voluntary supports in place, as described in Division 11.5 (commencing with Section 21000) of the Welfare and Institutions Code, except subdivisions (a) and (b) of Section 21000. (2) If it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) If a person is prevented from resisting by an intoxicating or anesthetic substance or a controlled substance, and this condition was known, or reasonably should have been known by the accused. (4) If a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions: (A) Was unconscious or asleep. (B) Was not aware, knowing, perceiving, or cognizant that the act occurred. (C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. (D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. (5) If a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (6) If the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. (7) If the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. (b) For purposes of this section, the following definitions apply: (1) “Duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and the victim’s relationship to the defendant, are factors to consider in appraising the existence of duress. (2) “Incapable, because of a mental disorder or developmental or physical disability, of giving legal consent” means that a person is at the time of the intercourse either of the following: (A) Unable to understand the nature of the act or transaction involved due to a mental disorder or developmental or physical disability. (B) Unable to act freely and voluntarily due to a mental disorder or developmental or physical disability. (3) “Menace” means any threat, declaration, or act that shows an intention to inflict an injury upon another. (Amended by Stats. 2025, Ch. 599, Sec. 1. (SB 258) Effective January 1, 2026.)
  7. 261.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    This section defines unlawful sexual intercourse with a minor and sets misdemeanor/felony and civil penalty consequences based on age differences.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is 18 years of age or older. (b) A person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. (c) A person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (d) A person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000). (B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000). (C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000). (D) An adult over 21 years of age who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000). (2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature. (3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of their inability to pay the fine permitted under this subdivision. (f) A person convicted of violating subdivision (d) who is granted probation shall not complete their community service at a school or location where children congregate. (Amended by Stats. 2023, Ch. 838, Sec. 1. (AB 1371) Effective January 1, 2024.)
  8. 261.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    In certain sex offense prosecutions where consent matters, consent means free and voluntary positive cooperation with knowledge of the act or transaction; a dating or marital relationship alone is not enough.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 261.6. (a) In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, “consent” means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. (b) A current or previous dating or marital relationship is not sufficient to constitute consent if consent is at issue in a prosecution under Section 261, 286, 287, or 289, or former Section 262 or 288a. (c) This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent. (Amended by Stats. 2021, Ch. 626, Sec. 18. (AB 1171) Effective January 1, 2022.)
  9. 261.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    In certain sexual-offense prosecutions, a victim’s suggestion or request to use a condom or other birth control device, by itself, is not enough to prove consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 261.7. In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent. (Amended by Stats. 2021, Ch. 626, Sec. 19. (AB 1171) Effective January 1, 2022.)
  10. 261.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 261.9. (a) Any person convicted of seeking to procure or procuring the sexual services of a prostitute in violation of subdivision (b) of Section 647, if the prostitute is under 18 years of age, shall be ordered by the court, in addition to any other penalty or fine imposed, to pay an additional fine in an amount not to exceed twenty-five thousand dollars ($25,000). (b) Every fine imposed and collected pursuant to this section shall, upon appropriation by the Legislature, be available to fund programs and services for commercially sexually exploited minors in the counties where the underlying offenses are committed. (Added by Stats. 2011, Ch. 75, Sec. 3. (AB 12) Effective January 1, 2012.)
  11. 26100.

    ## 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 5. Loaded Firearm in a Motor Vehicle [26100- 26100.] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section makes it a crime for vehicle drivers or owners to let certain firearm conduct happen in a vehicle, and it criminalizes shooting a firearm from a motor 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 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Loaded Firearm in a Motor Vehicle [26100- 26100.] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26100. (a) It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code. (b) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable by imprisonment in the county jail for not more than one year or in state prison for 16 months or two or three years. (c) Any person who willfully and maliciously discharges a firearm from a motor vehicle at another person other than an occupant of a motor vehicle is guilty of a felony punishable by imprisonment in state prison for three, five, or seven years. (d) Except as provided in Section 3002 of the Fish and Game Code, any person who willfully and maliciously discharges a firearm from a motor vehicle is guilty of a public offense punishable by imprisonment in the county jail for not more than 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.)
  12. 26110.

    ## 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 6. Carrying a Loaded Firearm as a Nuisance [26110- 26110.] ( Article 6 added by Stats. 2024, Ch. 534, Sec. 3. )

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    Unlawful carrying of a firearm in violation of Section 25850 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 3. Carrying a Loaded Firearm [25800 - 26110] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Carrying a Loaded Firearm as a Nuisance [26110- 26110.] ( Article 6 added by Stats. 2024, Ch. 534, Sec. 3. ) ## 26110. (a) The unlawful carrying of any firearm in violation of Section 25850 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not apply to either of the following: (1) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto. (2) Any firearm that is forfeited pursuant to Section 5008.6 of the Public Resources Code. (Added by Stats. 2024, Ch. 534, Sec. 3. (AB 2739) Effective January 1, 2025.)
  13. 26150.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The county sheriff must issue or renew a concealed-carry license for eligible California residents and eligible nonresidents when the listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26150. (a) When a California resident applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county shall issue or renew a license to that California resident upon proof of all of the following: (1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202. (2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400. (3) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. (4) The applicant has completed a course of training as described in Section 26165. (5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued. (b) When a non-California resident applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county shall issue or renew a license to that non-California resident, subject to the following conditions: (1) The applicant is not a disqualified person to receive the license, as determined in accordance with the standards set forth in Section 26202 and all comparable statutes and provisions of law of the nonresident applicant’s state of residence. (2) The applicant is at least 21 years of age and presents clear evidence of the nonresident’s identity, age, and state of residence. “Clear evidence of the nonresident’s identity, age, and state of residence” means either of the following: (A) A valid driver’s license from their state of residence. (B) A valid out-of-state identification card issued by the Department of Motor Vehicles. (3) The applicant attests, under oath, that the jurisdiction in which they have applied is the primary location in California in which they intend to travel or spend time. (4) The applicant has completed a course of training that meets the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 26165 and subdivision (d) of Section 26165, as it pertains to the licensing authority to which the application is submitted. If the licensing authority to which the application is submitted has not approved of any online training courses, the applicant may complete an online training course approved by any other licensing authority that issues licenses under this section. (5) The applicant has completed live-fire shooting exercises, as required by paragraph (6) of subdivision (a) of Section 26165, for each pistol, revolver, or other firearm for which the applicant is applying to be licensed to carry in California. The applicant shall inform the licensing authority to which they have applied of the live-fire course the applicant intends to complete, and the licensing authority shall either approve the course or suggest an alternative acceptable course within 75 miles of the applicant’s residence. (6) The applicant has identified on the application the make, model, caliber, and serial number of each pistol, revolver, or other firearm for which the applicant is applying to be licensed to carry in California. Identification of a pistol, revolver, or other firearm that cannot lawfully be carried or possessed in California shall be cause for denial of a license as to that pistol, revolver, or other firearm. (c) The sheriff shall issue or renew a license under subdivision (a) in either of the following formats: (1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person. (d) (1) Nothing in this chapter shall preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff. (2) This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter. (Amended by Stats. 2025, Ch. 570, Sec. 2. (AB 1078) Effective January 1, 2026.)
  14. 26155.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires a municipal police chief to issue or renew a concealed-carry license for eligible applicants who meet the listed proof and training requirements, and it allows a city police department to arrange for the county sheriff to process applications.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26155. (a) When a California resident applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county shall issue or renew a license to that California resident upon proof of all of the following: (1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202. (2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400. (3) The applicant is a resident of that city or city and county. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. (4) The applicant has completed a course of training as described in Section 26165. (5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued. (b) When a non-California resident applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county shall issue or renew a license to that nonresident, subject to the following conditions: (1) The applicant is not a disqualified person to receive the license, as determined in accordance with the standards set forth in Section 26202 and all comparable statutes and provisions of law of the nonresident applicant’s state of residence. (2) The applicant is at least 21 years of age, and presents clear evidence of the nonresident’s identity, age, and state of residence. “Clear evidence of the nonresident’s identity, age, and state of residence” means either of the following: (A) A valid driver’s license from their state of residence. (B) A valid out-of-state identification card issued by the Department of Motor Vehicles. (3) The applicant attests, under oath, that the jurisdiction in which they have applied is the primary location in California in which they intend to travel or spend time. (4) The applicant has completed a course of training that meets the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 26165 and subdivision (d) of Section 26165, as it pertains to the licensing authority to which the application is submitted. If the licensing authority to which the application is submitted has not approved of any online training courses, the applicant may complete an online training course approved by any other licensing authority that issues licenses under this section. (5) The applicant has completed live-fire shooting exercises, as required by paragraph (6) of subdivision (a) of Section 26165, for each pistol, revolver, or other firearm for which the applicant is applying to be licensed to carry in California. The applicant shall inform the licensing authority to which they have applied of the live-fire course the applicant intends to complete, and the licensing authority shall either approve the course or suggest an alternative acceptable course within 75 miles of the applicant’s residence. (6) The applicant has identified on the application the make, model, caliber, and serial number of each pistol, revolver, or other firearm they intend to carry in California. Identification of a pistol, revolver, or other firearm that cannot lawfully be carried in California shall be cause for denial of a license as to that pistol, revolver, or other firearm. (c) The chief or other head of a municipal police department shall issue or renew a license under subdivision (a) in either of the following formats: (1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person. (d) Nothing in this chapter shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter. (Amended by Stats. 2025, Ch. 570, Sec. 3. (AB 1078) Effective January 1, 2026.)
  15. 26160.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Each licensing authority must publish and make available a written policy summarizing specified concealed-carry provisions.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26160. Each licensing authority shall publish and make available a written policy summarizing the provisions of Section 26150 and subdivisions (a) and (b) of Section 26155. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  16. 26162.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Before issuing, renewing, or amending certain concealed-carry licenses, the licensing authority must check whether the applicant is the recorded owner of the firearm involved.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26162. (a) Prior to the issuance of a license, renewal of a license, or amendment to a license pursuant to subdivision (a) of Section 26150 or subdivision (a) of Section 26155, each licensing authority with direct access to the designated Department of Justice system shall determine if the applicant is the recorded owner of the particular pistol, revolver, or other firearm capable of being concealed upon the person reported in the application for a license or the application for the amendment to a license under this chapter. (b) Pursuant to subdivision (a), an agency with direct access to the designated Department of Justice system shall confirm the applicant’s information with firearm ownership maintained in the system. An agency without access to the system shall confirm this information with the sheriff of the county in which the agency is located. (Amended by Stats. 2025, Ch. 570, Sec. 4. (AB 1078) Effective January 1, 2026.)
  17. 26165.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section sets minimum training rules for concealed-carry license applicants and renewal applicants, and requires the licensing authority to publish its live-fire 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 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26165. (a) For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing authority that meets all of the following minimum criteria: (1) The course shall be no less than 16 hours in length. (2) The course shall include instruction on firearm safety, firearm handling, shooting technique, safe storage, legal methods to transport firearms and securing firearms in vehicles, laws governing where permitholders may carry firearms, laws regarding the permissible use of a firearm, and laws regarding the permissible use of lethal force in self-defense. (3) The course shall include a component, no less than one hour in length, on mental health and mental health resources. (4) Except for the component on mental health and mental health resources, the course shall be taught and supervised by firearms instructors certified by the Department of Justice pursuant to Section 31635, or in a manner to be prescribed by regulation. (5) The course shall require students to pass a written examination to demonstrate their understanding of the covered topics. (6) The course shall include live-fire shooting exercises on a firing range and shall include a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm that the applicant is applying to be licensed to carry. (b) A licensing authority shall establish, and make available to the public, the standards it uses when issuing licenses with regards to the required live-fire shooting exercises, including, but not limited to, a minimum number of rounds to be fired and minimum passing scores from specified firing distances. (c) Notwithstanding subdivision (a), the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception. (d) For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than eight hours, and shall satisfy the requirements of paragraphs (2) to (6), inclusive, of subdivision (a). No course of training shall be required for any person certified by the licensing authority as a trainer for purposes of this section, in order for that person to renew a license issued pursuant to this chapter. (e) The applicant shall not be required to pay for any training courses prior to the initial determination of whether the applicant is a disqualified person pursuant to paragraph (1) of subdivision (d) of Section 26202. (Amended by Stats. 2023, Ch. 249, Sec. 13. (SB 2) Effective January 1, 2024.)
  18. 26170.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The sheriff or municipal police chief must issue a concealed-carry license or renewal if the applicant meets the listed conditions; fees may be waived.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26170. (a) Upon proof of all of the following, the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county, shall issue to an applicant a new license or license renewal to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person: (1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202. (2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400. (3) The applicant has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff or that chief of police or other head of a municipal police department. (4) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued, or, the applicant is authorized to carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer. (b) Direct or indirect fees for the issuance of a license pursuant to this section may be waived. (c) The fact that an applicant for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 shall be considered only for the purpose of issuing a license pursuant to this section, and shall not be considered for the purpose of issuing a license pursuant to Section 26150 or 26155. (Amended by Stats. 2023, Ch. 249, Sec. 14. (SB 2) Effective January 1, 2024.)
  19. 26175.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section sets statewide rules for gun license application forms, the information applicants must provide, and the Attorney General’s role in issuing, revising, and approving forms and license designs.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26175. (a) (1) (A) Applications for licenses and applications for amendments to licenses under this chapter shall be uniform throughout the state, upon forms to be prescribed by the Attorney General. (B) Upon the effective date of the act that added this subparagraph, the Attorney General may issue forms to be used for applications for licenses and applications for amendments to licenses under this chapter, in conformance with the act that added this subparagraph, to be used until 60 days after the effective date of the act that added this subparagraph. (2) The Attorney General shall convene a committee composed of one representative of the California State Sheriffs’ Association, one representative of the California Police Chiefs Association, and one representative of the Department of Justice to review, and, as deemed appropriate, revise the standard application form for licenses prescribed by the Attorney General pursuant to paragraph (1). If the committee does not release a revised application form by 60 days after the effective date of the act that added subparagraph (B) of paragraph (1), the Attorney General has the sole authority to revise the standard application form for licenses. After the initial revised application is issued, if one of the committee’s members concludes that further revisions are necessary, that member shall notify the other members of the committee, and the committee shall revise the application within three months of the notification. If the committee fails to release a revised application within that time, the Attorney General has the sole authority to revise the standard application form for licenses. (3) (A) The Attorney General shall develop a uniform license that may be used as indicia of proof of licensure throughout the state. (B) The Attorney General shall approve the use of licenses issued by local agencies that contain all the information required in subdivision (i), including a recent photograph of the applicant, and are deemed to be in substantial compliance with standards developed by the committee described in subparagraph (C), if developed, as they relate to the physical dimensions and general appearance of the licenses. The Attorney General shall retain exemplars of approved licenses and shall maintain a list of agencies issuing local licenses. Approved licenses may be used as indicia of proof of licensure under this chapter in lieu of the uniform license developed by the Attorney General. (C) A committee composed of two representatives of the California State Sheriffs’ Association, two representatives of the California Police Chiefs Association, and one representative of the Department of Justice shall convene to review and revise, as the committee deems appropriate, the design standard for licenses issued by local agencies that may be used as indicia of proof of licensure throughout the state, provided that the design standard meets the requirements of subparagraph (B). If the committee does not issue a design standard by 60 days after the effective date of the act that added subparagraph (B) of paragraph (1), the Attorney General has the sole authority to set the design standard for licenses issued by local agencies that may be used as indicia of proof of licensure throughout the state, provided that the design standard meets the requirements of subparagraph (B). After the initial design standard is issued, if one of the committee’s members concludes that further revisions are necessary, that member shall notify the other members of the committee, and the committee shall revise the design standard within three months of the notification. If the committee fails to release a design standard within that time, the Attorney General has the sole authority to revise the design standard for licenses issued by local agencies that may be used as indicia of proof of licensure throughout the state. (b) The application shall include a section summarizing the requirements of state law that result in the automatic denial of a license. (c) (1) The standard application form for licenses described in subdivision (a) shall require information from the applicant, including, but not limited to, the name, occupation, residence, and business address of the applicant, the applicant’s age, height, weight, and color of eyes and hair, the applicant’s prior detentions, arrests, and criminal convictions, whether the applicant has been the subject of an order listed in paragraph (3) of subdivision (a) of Section 26202 or a valid restraining, protective, or stay-away order issued by an out-of-state jurisdiction pursuant to laws concerning domestic violence, family law, protection of children or elderly persons, stalking, harassment, witness intimidation, or firearm possession, whether the applicant has previously been taken into custody as a danger to self or others under Section 5150 or Part 1.5 (commencing with Section 5585) of Division 5 of the Welfare and Institutions Code, assessed under Section 5151 of the Welfare and Institutions Code, admitted to a mental health facility under Section 5151 or 5152 of the Welfare and Institutions Code, or certified under Section 5250, 5260, or 5270.15 of the Welfare and Institutions Code, whether any licensing authority in this state or elsewhere has previously denied the applicant a license to carry a firearm or revoked such a license for any reason, the names and contact information of three persons willing to serve as references for the applicant, at least one of whom must be a person described in subdivision (b) of Section 273.5, if applicable, and at least one of whom must be the applicant’s cohabitant, if applicable, and other information sufficient to make a determination of whether the applicant is a disqualified person pursuant to Section 26202. (2) In lieu of residence or business addresses, an applicant who participates in the program described in Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code may provide the address designated to the applicant by the Secretary of State. (3) In lieu of a residence, an applicant who falls within the categories described in subdivision (c) of Section 26220 may provide a business address or an alternative mailing address, such as a post office box. (d) Completed applications for licenses shall be filed in writing and signed by the applicant, and contain all information required by the application, as determined by the licensing authority. (e) Applications for amendments to licenses shall be filed in writing and signed by the applicant, and shall state what type of amendment is sought pursuant to Section 26215 and the reason for desiring the amendment. (f) The forms shall contain a provision whereby the applicant attests to the truth of statements contained in the application. (g) An applicant shall not be required to complete any additional application or form for a license, except to clarify or interpret information provided by the applicant on the standard application form. (h) The standard application form described in subdivision (a) is deemed to be a local form expressly exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (i) (1) As of 60 days after the effective date of the act that added subparagraph (B) of paragraph (1) of subdivision (a), a license issued upon the application shall set forth the licensee’s full name, driver’s license or identification number, Criminal Identification and Information number, occupation, residence and business address, the licensee’s date of birth, height, weight, and color of eyes and hair, and indicate the type of license issued as it relates to Section 26220, including license issuance and expiration date, and shall, in addition, contain the licensee’s fingerprints, a picture of the licensee, and a description of the weapon or weapons authorized to be carried, detailing the name of the manufacturer, the model, the serial number, and the caliber. The license issued to the licensee may be laminated. Prior to 60 days after the effective date of the act that added subparagraph (B) of paragraph (1) of subdivision (a), any license issued upon the application shall take the form of the uniform license developed by the Attorney General and used as indicia of proof of licensure throughout the state immediately prior to the effective date of the act that added this paragraph. (2) In lieu of residence or business addresses, a licensee who participates in the program described in Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code may provide the address designated to the applicant by the Secretary of State. Upon termination from the program described in Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the licensee shall comply with Section 26210. (3) In lieu of a residence address, a licensee who falls within the categories described in subdivision (c) of Section 26220 may provide a business address or an alternative mailing address, such as a post office box. Upon termination from the category described in subdivision (c) of Section 26220, the licensee shall comply with Section 26210. (Amended by Stats. 2024, Ch. 80, Sec. 106. (SB 1525) Effective January 1, 2025.)
  20. 26180.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Knowingly making false statements on a required license application is a crime; the offense is a misdemeanor in one case and a felony for false statements about listed matters.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26180. (a) Any person who files an application required by Section 26175 knowing that any statement contained therein is false is guilty of a misdemeanor. (b) Any person who knowingly makes a false statement on the application regarding any of the following is guilty of a felony: (1) The denial or revocation of a license, or the denial of an amendment to a license, issued pursuant to this article. (2) A criminal conviction. (3) A finding of not guilty by reason of insanity. (4) The use of a controlled substance. (5) A dishonorable discharge from military service. (6) A commitment to a mental institution. (7) A renunciation of United States citizenship. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  21. 26185.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires licensing authorities and the Department of Justice to exchange fingerprint and eligibility information before a concealed-carry license is issued or renewed.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26185. (a) (1) Upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for each applicant applying for a new license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal response to the licensing authority, pursuant to subdivision (l) of Section 11105 of the Penal Code. (2) Upon receipt of the fingerprints of an applicant for a new license, as well as the fee as prescribed in Section 26190, the department shall promptly furnish the forwarding licensing authority information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department shall make this determination in a manner to be prescribed through regulations. If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant’s eligibility to possess, receive, own, or purchase a firearm, the department shall notify the forwarding licensing authority. (3) No new license shall be issued by any licensing authority unless the department confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm as described in paragraph (2). (b) (1) For each applicant for a renewal license, upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit to the department the renewal notification described in paragraph (1) of subdivision (d) of Section 26202, in a manner and format prescribed by the department. (2) For each renewal notification submitted to the department in accordance with paragraph (1) on or after September 1, 2026, the licensing authority shall also submit to the department fingerprint images and related information required by the department for each applicant applying for a renewal license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, pursuant to subdivision (u) of Section 11105. The department shall then provide a state or federal response to the licensing authority, pursuant to subdivision (l) of Section 11105. (c) (1) For each applicant for a renewal license, upon receipt by the department of the renewal notification as prescribed in subdivision (b), as well as the fee as prescribed in Section 26190, the department shall determine whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) For each applicant for a renewal license whose renewal notification is submitted to the department prior to September 1, 2026, the department shall determine whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and notify the forwarding licensing agency in a manner to be prescribed through regulations. (3) For each applicant for a renewal license whose renewal notification is submitted to the department on or after September 1, 2026, upon receipt of the applicant’s fingerprints, the department shall promptly furnish the forwarding licensing authority information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department shall make this determination in a manner to be prescribed through regulations. If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant’s eligibility to possess, receive, own, or purchase a firearm, the department shall notify the forwarding licensing authority. No renewal license shall be issued by any licensing authority unless the department confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm as described in this paragraph. (d) As used in this section, “licensing authority” means a sheriff of a county, or the chief or other head of a municipal police department of any city or city and county. (Amended by Stats. 2025, Ch. 570, Sec. 5. (AB 1078) Effective January 1, 2026.)
  22. 26190.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires license applicants to pay application fees, lets local licensing authorities charge cost-based additional fees, and sets rules for collecting and transmitting those fees. It also allows certain psychological-assessment options and charges, subject to cost limits and 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26190. (a) (1) An applicant for a new license or for the renewal of a license shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice for the direct costs of furnishing the information and report required by Section 26185. (2) 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. (3) The officer receiving the application and the fee shall transmit the fee, with the fingerprints, if required, to the Department of Justice in accordance with Section 26185. (b) (1) The licensing authority of any city, city and county, or county shall charge an additional fee in an amount equal to the reasonable costs for processing the application for a new license or a license renewal, issuing the license, and enforcing the license, including any required notices, excluding fingerprint and training costs, and shall transmit the additional fee, if any, to the city, city and county, or county treasury. (2) The first 50 percent of this additional local fee may be collected upon filing of the initial or renewal application. The balance of the fee shall be collected only upon issuance of the license. (c) These local fees may be increased to reflect increases in the licensing authority’s reasonable costs, as described in paragraph (1) of subdivision (b). In no case shall the local fees exceed the reasonable costs to the licensing authority, as described in paragraph (1) of subdivision (b). (d) (1) In the case of an amended license pursuant to Section 26215, the licensing authority of any city, city and county, or county may charge a fee in an amount not to exceed the reasonable costs to process the amended license. In no case shall the amount charged to the applicant for the amended license exceed the reasonable costs to the licensing authority. (2) This fee may be increased at a rate to reflect increases in the licensing authority’s reasonable costs, as described in paragraph (1) of subdivision (d). In no case shall this fee exceed the reasonable costs to the licensing authority, as described in paragraph (1). (3) The licensing authority shall transmit the fee to the city, city and county, or county treasury. (e) (1) If a psychological assessment on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist acceptable to the licensing authority. For an applicant for a license issued pursuant to subdivision (b) of Section 26150 or subdivision (b) of Section 26155, the licensing authority may either allow the applicant to complete a virtual psychological assessment, where the applicant appears by video and audio, or approve an examination provider located within 75 miles of the applicant’s residence. The applicant may be charged for the actual cost of the assessment. In no case shall the amount charged to the applicant for the psychological assessment exceed the reasonable costs to the licensing authority. (2) Additional psychological assessment of an applicant seeking license renewal shall be required only if there is compelling evidence of a public safety concern to indicate that an assessment is necessary. The applicant may be charged for the actual cost of the assessment. In no case shall the cost of psychological assessment exceed the reasonable costs to the licensing authority. (Amended by Stats. 2025, Ch. 570, Sec. 6. (AB 1078) Effective January 1, 2026.)
  23. 26195.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A local licensing authority may not issue, and must revoke, a concealed-carry license in specified disqualification or information-failure cases, and must share revocation notices with DOJ and the licensee.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26195. (a) A license under this chapter shall not be issued by the local licensing authority if any of the following occurs: (1) The local licensing authority is notified by the Department of Justice that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) The applicant knowingly provides any inaccurate or incomplete information in connection with an application for a license or license renewal or an application to amend a license pursuant to subdivision (e) of Section 26175. (3) The applicant fails to comply with subdivision (c) of this section. (b) (1) A license under this chapter shall be revoked by the local licensing authority if at any time the local licensing authority determines any of the following: (A) The licensee has breached any of the conditions or restrictions set forth in or imposed in accordance with Section 26200. (B) The licensee knowingly provided any inaccurate or incomplete information in connection with an application for a license or license renewal or an application to amend a license pursuant to subdivision (e) of Section 26175. (C) The licensee has become a disqualified person and cannot receive such a license, as determined in accordance with the standards set forth in Section 26202. (D) The licensee failed to comply with subdivision (c) of this section. (2) A license under this chapter shall be revoked by the local licensing authority if at any time the local licensing authority is notified by the Department of Justice that the licensee is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (3) If the local licensing authority revokes the license, the Department of Justice shall be notified of the revocation and reason pursuant to Section 26225. The licensee shall also be immediately notified of the revocation in writing. (c) A licensee under this chapter shall inform the local licensing authority that issued the license of any restraining order or arrest, charge, or conviction of a crime referenced in Section 26202. (d) If at any time the Department of Justice determines that a licensee is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, the department shall immediately, but no longer than 15 days after the determination, notify the local licensing authority of the determination. (Amended by Stats. 2025, Ch. 570, Sec. 7. (AB 1078) Effective January 1, 2026.)
  24. 2620.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    This section lets a court order a state prisoner temporarily removed for certain felony-related proceedings, and sets who must issue, execute, sign, and pay for the order.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2620. (a) When it is necessary to have a person imprisoned in the state prison brought before any court to be tried for a felony, or for an examination before a grand jury or magistrate preliminary to trial for a felony, or for the purpose of hearing a motion or other proceeding, to vacate a judgment, an order for the prisoner’s temporary removal from prison, and for the prisoner’s production before the court, grand jury, or magistrate, must be made by the superior court of the county in which action, motion, or examination is pending or by a judge thereof. The order shall be made only upon the affidavit of the district attorney or defense attorney, stating the purpose for which that person is to be brought before the court, grand jury or magistrate or upon the court’s own motion. The order shall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep the prisoner, and when the prisoner’s presence is no longer required to return the prisoner to the prison from whence the prisoner was taken. The expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made. (b) An order pursuant to subdivision (a) shall recite the purposes for which that person is to be brought before the court, grand jury, or magistrate, and shall be signed by the judge making the order and sealed with the seal of the court. The order must be to the following effect: County of ____ (as the case may be). The people of the State of California to the warden of ____: An order having been made this day by me, that A.B. be produced in the ____ court (or before the grand jury, as the case may be) to be prosecuted or examined for the crime of ____, a felony (or to have that motion heard), you are commanded to deliver the prisoner into the custody of ____ for the purpose of (recite purposes). Dated this ____ day of ____, 20____. (c) When a prisoner is removed from a state prison under this section the prisoner shall remain in the constructive custody of the warden thereof. During the prisoner’s absence from the prison, the prisoner may be ordered to appear in other felony proceedings as a defendant or witness in the superior court of the county from which the original order directing removal issued. A copy of the written order directing the prisoner to appear before that court shall be forwarded by the district attorney to the warden of the prison having protective custody of the prisoner. (Amended by Stats. 2024, Ch. 495, Sec. 9. (SB 1518) Effective January 1, 2025.)
  25. 26200.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A carry-license holder must avoid listed conduct while carrying a firearm, and may not carry more than two firearms at once.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26200. (a) While carrying a firearm as authorized by a license issued pursuant to this chapter, a licensee shall not do any of the following: (1) Consume an alcoholic beverage or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code. (2) Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption. (3) Be under the influence of any alcoholic beverage, medication, or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code. (4) Carry a firearm not listed on the license or a firearm for which they are not the recorded owner. This paragraph does not apply to a licensee who was issued a license pursuant to Section 26170, in which case they may carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer, and the licensee carries the firearm consistent with that agency’s policies. (5) Falsely represent to a person that the licensee is a peace officer. (6) Engage in an unjustified display of a deadly weapon. (7) Fail to carry the license on their person. (8) Impede a peace officer in the conduct of their activities. (9) Refuse to display the license or to provide the firearm to a peace officer upon demand for purposes of inspecting the firearm. (10) Violate any federal, state, or local criminal law. (b) In addition to the restrictions and conditions listed in subdivision (a), a license issued pursuant to this chapter may also include any reasonable restrictions or conditions that the licensing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry a pistol, revolver, or other firearm capable of being concealed upon the person. (c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued. (d) A licensee authorized to carry a firearm pursuant to this chapter shall not carry more than two firearms under the licensee’s control at one time. (Amended by Stats. 2023, Ch. 249, Sec. 19. (SB 2) Effective January 1, 2024.)
  26. 26202.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An applicant is disqualified from getting or renewing a concealed-carry license if specified conditions apply, unless a court rules otherwise.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26202. (a) Unless a court makes a contrary determination pursuant to Section 26206, an applicant shall be deemed to be a disqualified person and cannot receive or renew a license pursuant to Section 26150, 26155, or 26170 if the applicant satisfies any one or more of the following: (1) Is reasonably likely to be a danger to self, others, or the community at large, as demonstrated by anything in the application for a license or through the investigation described in subdivision (b), or as shown by the results of any psychological assessment, including, but not limited to, the assessment described in subdivision (e) of Section 26190. (2) Has been convicted of contempt of court under Section 166 or any federal law or law of any other state that includes comparable elements of contempt of court under Section 166. (3) Has been subject to any restraining order, protective order, or other type of court order issued pursuant to the following statutory provisions, or any federal law or law of any other state that includes comparable elements of those statutory provisions, unless that order expired or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application, or that order expired or was vacated or otherwise canceled and the applicant did not receive notice and an opportunity to be heard before the order was issued: (A) Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code. (B) Part 4 (commencing with Section 6300) of Division 10 of the Family Code. (C) Sections 136.2 and 18100. (D) Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure. (E) Section 213.5, 304, 362.4, 726.5, or 15657.03 of the Welfare and Institutions Code. (4) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been convicted of an offense listed in Section 422.6, 422.7, 422.75, or 29805, or any federal law or law of any other state that includes comparable elements of those offenses. (5) Has engaged in an unlawful or reckless use, display, or brandishing of a firearm. (6) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been charged with any offense listed in Section 290, 667.5, 1192.7, 1192.8, or 29805, or any federal law or law of any other state that includes comparable elements of those offenses, that was dismissed pursuant to a plea or dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. (7) In the five years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been committed to or incarcerated in county jail or state prison for, or on probation, parole, postrelease community supervision, or mandatory supervision as a result of, a conviction of an offense, an element of which involves controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol. (8) Is, as described in paragraph (3) of subdivision (g) of Section 922 of Title 18 of the United States Code and applicable regulations and guidance, an unlawful user of or addicted to any controlled substance. (9) Is currently abusing any controlled substance, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol. For purposes of this subdivision, the term “abusing” means excessive use or consumption reflecting that the applicant has lost the power of self-control with reference to the controlled substance or alcohol. (10) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has experienced the loss or theft of multiple firearms due to the applicant’s lack of compliance with federal, state, or local law regarding storing, transporting, or securing the firearm. For purposes of this paragraph, “multiple firearms” includes a loss of more than one firearm on the same occasion, or the loss of a single firearm on more than one occasion. (11) Failed to report a loss of a firearm as required by Section 25250 or any other state, federal, or local law requiring the reporting of the loss of a firearm. (b) In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a), the licensing authority shall conduct an investigation that meets all of the following minimum requirements: (1) For a license issued pursuant to subdivision (b) of Section 26150 or subdivision (b) of Section 26155, an in-person interview of the applicant or a virtual interview of the applicant, where the applicant appears by video and audio, at the applicant’s election. For renewal applications, the licensing authority may elect to forgo this requirement. (2) In-person, virtual, or telephonic interviews with at least three character references, at least one of whom must be a person described in subdivision (b) of Section 273.5, if applicable, and at least one of whom must be the applicant’s cohabitant, if applicable. For renewal applications, the licensing authority may elect to forgo this requirement. (3) A review of publicly available information about the applicant, including publicly available statements published or posted by the applicant. (4) A review of all information provided in the application for a license. (5) A review of all information provided by the Department of Justice in accordance with subdivision (a) of, paragraph (2) of subdivision (b) of, and paragraph (3) of subdivision (c) of Section 26185, as well as firearms eligibility notices or any other information subsequently provided to the licensing authority regarding the applicant. (6) A review of the information in the California Restraining and Protective Order System accessible through the California Law Enforcement Telecommunications System, including information indicating that the applicant is reasonably likely to be a danger to self, others, or the community at large pursuant to paragraph (1) of subdivision (a), or that the applicant is otherwise a disqualified person pursuant to paragraph (3) of subdivision (a). (c) In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a), this section does not preclude the licensing authority from engaging in investigative efforts in addition to those listed in subdivision (b). (d) Within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority shall give written notice to the applicant of the licensing authority’s initial determination, based on its investigation thus far, of whether an applicant is a disqualified person pursuant to Section 26150, 26155, or 26170 as follows: (1) (A) If the licensing authority makes an initial determination that, based on its investigation thus far, the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements specified in Section 26165. The licensing authority shall then submit the applicant’s fingerprints or the renewal notification to the Department of Justice in accordance with Section 26185. (B) The initial determination described in subparagraph (A) shall include a final determination as to whether the applicant is or is not a disqualified person pursuant to paragraph (8) of subdivision (a). (2) If, within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority determines that the applicant is a disqualified person, the notice shall inform the applicant that the request for a license has been denied, state the reason as to why the determination was made, and inform the applicant that they may request a hearing from a court, as outlined in Section 26206. A licensing authority providing notice under this paragraph informing the applicant that the request for a license has been denied satisfies the requirement to provide notice of a denial of a license pursuant to Section 26205. (e) The prohibitions listed in subdivision (a) shall apply whether or not the relevant conduct, order, conviction, charge, commitment, or other relevant action took place or was issued or entered before the effective date of the act that added this subdivision. (f) Upon determining the applicant is a disqualified person pursuant to paragraph (8) of subdivision (a), the licensing authority shall, within five days, submit to the National Instant Criminal Background Check System Index the full name, date of birth, and physical description of the applicant reflecting that the applicant meets the criteria of paragraph (3) of subdivision (g) of Section 922 of Title 18 of the United States Code and regulations issued pursuant thereto, and shall include supporting documentation validating any identifying information provided about the applicant and the licensing authority’s determination. The supporting documentation required under this subdivision shall include proof of an arrest or a conviction, results of a test administered on the applicant or substance, or documentation of the admission of use, as applicable, as well as the date of any such arrest, conviction, test, or admission. Unless the licensing authority’s document retention policies provide for a longer period, the licensing authority shall retain any such supporting documentation for 12 months from the date of submission. (Amended by Stats. 2025, Ch. 570, Sec. 8. (AB 1078) Effective January 1, 2026.)
  27. 26205.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The licensing authority must send the applicant written notice saying whether the license is approved or denied, and must explain any denial by stating which requirement was not 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26205. (a) (1) The licensing authority shall give written notice to the applicant indicating if the license under this chapter is approved or denied. The licensing authority shall give this notice within 120 days of receiving the completed application for a new license, or 30 days after receipt of the information from the Department of Justice described in paragraph (2) of subdivision (a) of Section 26185, whichever is later. (2) For each application for a license renewal submitted prior to September 1, 2026, the licensing authority shall give this notice within 120 days of receiving the completed application for a license renewal. (3) For each application for a license renewal submitted on or after September 1, 2026, the licensing authority shall give this notice within 120 days of receiving the completed application for a license renewal, or 30 days after receipt of the information from the department described in paragraph (3) of subdivision (c) of Section 26185, whichever is later. (b) If the license is denied, the notice shall state which requirement was not satisfied. (Amended by Stats. 2025, Ch. 570, Sec. 9. (AB 1078) Effective January 1, 2026.)
  28. 26206.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    If a carry license is denied or revoked because the applicant is disqualified, the licensing authority must notify the applicant and provide a hearing-request form, and the applicant may seek court review within the stated deadlines.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26206. (a) If a new license or license renewal pursuant to Section 26150, 26155, or 26170 is denied or revoked based on a determination that the applicant is a disqualified person for such a license, as set forth in Section 26202, the licensing authority shall provide the applicant with the notice of this determination as required under subdivision (d) of Section 26202, Section 26205, or paragraph (3) of subdivision (b) of Section 26195. The notice shall state the reason as to why the determination was made and also inform the applicant that they may request a hearing from a court, as provided in this section, to review the denial or revocation. The licensing authority shall provide the applicant with a copy of the most recent “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the Department of Justice under this section. (b) The department shall develop a “Request for Hearing to Challenge Disqualified Person Determination” form for use throughout the state. The form shall include an authorization for the release of the applicant’s criminal history records to the appropriate court solely for use in the hearing conducted pursuant to this section. The “Request for Hearing to Challenge Disqualified Person Determination” form is deemed to be a local form expressly exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) Except as specified in paragraph (2), an applicant shall have 30 days after the receipt of the notice of denial described in subdivision (a) to request a hearing to review the denial or revocation from the superior court of their county of residence or, for nonresident applicants, the county in which the application was submitted. The request for hearing shall be made on the “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the department. (1) Nothing in this section prevents a licensing authority from requiring an applicant to use and exhaust any process for appealing a denial or revocation that may be offered by the licensing authority prior to 30 days after the receipt of the notice of denial described in subdivision (a) before the applicant may request a hearing as described in this subdivision. Licensing authorities that require applicants to use such a process shall resolve any appeal within 60 days of when the appeal is filed. (2) If an applicant uses and exhausts any process for appealing a denial or revocation that is offered by the licensing authority as described in paragraph (1), an applicant shall have 30 days after receiving notice of an unsuccessful appeal to request a hearing to review the denial or revocation from the superior court of their county of residence. The request for hearing shall be made on the “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the department. (d) (1) An applicant who has requested a hearing under this section shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the licensing authority, the department, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Within 14 days after receiving from the clerk of the court the request for a hearing, the department shall file copies of the applicant’s criminal history report described in this section with the superior court under seal, if the department received the applicant’s fingerprints from the licensing authority, and the licensing authority shall file any records or reports on which it relied in denying or revoking the license at issue with the superior court. The licensing authority may also, or instead, file a declaration that summarizes the information it relied upon in denying or revoking the license at issue. The reports filed by the department and the licensing authority shall be disclosed to the person and to the district attorney upon request. The court, upon motion of the applicant establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera, with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. (2) The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. (3) Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section. (e) The people shall bear the burden of showing by a preponderance of the evidence that the applicant is a disqualified person in accordance with Section 26202. (f) If the court finds at the hearing that the people have not met their burden, or if the district attorney declines or fails to go forward in the hearing, the court shall order as follows: (1) If the applicant was denied a new license or license renewal, the court shall order that the person shall not be deemed a disqualified person to receive a new license or license renewal pursuant to Section 26150, 26155, or 26170, and that the licensing authority issue notice to proceed with the training requirements and submit the applicant’s fingerprints or the renewal notification in accordance with paragraph (1) of subdivision (d) of Section 26202. The Department of Justice shall then confirm the applicant’s eligibility to possess, receive, own, or purchase a firearm in a manner prescribed through regulations. A copy of the order shall be submitted to the Department of Justice. (2) If the applicant’s license was revoked, the court shall order that the person’s license be reinstated with the original expiration date extended by the length of time between the date of the revocation notice provided under paragraph (3) of subdivision (b) of Section 26195 and the date of the court’s order so long as the Department of Justice confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm in a manner prescribed through regulation. A copy of the order shall be submitted to the Department of Justice. (g) If the court finds that the people have met their burden to show by a preponderance of the evidence that the applicant is a disqualified person in accordance with Section 26202, the court shall inform the person of their right to file a subsequent application for a license no sooner than two years from the date of the hearing. (h) If an applicant has been denied a license or had a license revoked based on any ground outlined in Section 26202 two or more times in a 10-year period, which determination was either not challenged or upheld at a hearing under this section, any subsequent hearings under this section for the applicant shall be conducted as described in this section, with the exception that the burden of proof shall be on the applicant to establish by a preponderance of the evidence that the applicant is not a disqualified person in accordance with Section 26202. (i) If a new license or license renewal pursuant to Section 26150, 26155, or 26170 is denied or revoked based on the applicant’s failure to satisfy paragraph (2), (3), (4), or (5) of subdivision (a) of Section 26150, paragraph (2), (3), (4), or (5) of subdivision (a) of Section 26155, or paragraph (2), (3), or (4) of subdivision (a) of Section 26170, the licensing authority shall provide the applicant with the notice required under Section 26205 or paragraph (3) of subdivision (b) of Section 26195, as applicable, and inform the applicant that they may apply to the superior court of the county in which they reside for a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure. Except as specified in paragraph (2), the application for writ of mandate shall be made within 30 days after the receipt of the notice of denial or the notice of revocation. (1) Nothing in this section prevents a licensing authority from requiring an applicant to use and exhaust any process for appealing a denial or revocation that may be offered by the licensing authority prior to 30 days after the receipt of the notice of denial described in subdivision (a). Licensing authorities that require applicants to use such a process shall resolve any appeal within 60 days of when the appeal is filed. (2) If an applicant uses and exhausts any process for appealing a denial or revocation that is offered by the licensing authority as described in paragraph (1), an applicant shall have 30 days after receiving notice of an unsuccessful appeal to file the application for writ of mandate described in this subdivision. (j) For the purposes of this section, “criminal history report” is defined as information provided by the Department of Justice in accordance with subdivision (a) of Section 26185, paragraph (2) of subdivision (b) of Section 26185, and paragraph (3) of subdivision (c) of Section 26185, as well as firearms eligibility notices or any other information subsequently provided to the licensing authority regarding the applicant. (Amended by Stats. 2025, Ch. 570, Sec. 10. (AB 1078) Effective January 1, 2026.)
  29. 2621.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    A court may order a state prisoner brought to court as a witness in a criminal or felony proceeding, and the sheriff must carry out the order.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2621. When the testimony of a material witness is required in a criminal action, before any court in this state, or in an examination before a grand jury or magistrate in a felony case and such witness is a prisoner in a state prison, an order for the prisoner’s temporary removal from such prison, and for the prisoner’s production before such court, grand jury or magistrate, may be made by the superior court of the county in which such action or examination is pending or by a judge thereof; but in case the prison is out of the county in which the application is made, such order shall be made only upon the affidavit of the district attorney or of the defendant or the defendant’s counsel, showing that the testimony is material and necessary; and even then the granting of the order shall be in the discretion of said superior court or a judge thereof. The order shall be executed by the sheriff of the county in which it is made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep the prisoner, and when the prisoner is no longer required as a witness, to return the prisoner to the prison whence the prisoner was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made. Such orders shall recite the purposes for which said person is to be brought before the court, grand jury or magistrate, and shall be signed by the magistrate or judge making the order, and sealed with the seal of the court, if any. Such order must be to the following effect: County of ____ (as the case may be). The people of the State of California to the warden of ____: An order having been made this day by me, that A. B. be produced in this court as witness in the case of ____, you are commanded to deliver the prisoner into the custody of ____ for the purpose of (recite purposes). Dated this ____ day of ____, 19__. When a prisoner is removed from a state prison under this section the prisoner shall remain in the constructive custody of the warden hereof. During the prisoner’s absence from the prison, the prisoner may be ordered to appear in other felony proceedings as a defendant or witness in the courts of the county from which the original order directing removal issued. A copy of the written order directing the prisoner to appear before any such court shall be forwarded by the district attorney to the warden of the prison having protective custody of the prisoner. (Amended by Stats. 1998, Ch. 931, Sec. 430. Effective September 28, 1998.)
  30. 2621.5.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    Sections 2620 and 2621 do not apply to cases covered by Section 4750 when those sections would impose a county charge.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2621.5. The provisions of Sections 2620 and 2621 which impose a charge upon the counties shall not apply to cases coming within the provisions of Section 4750. (Amended by Stats. 1986, Ch. 1310, Sec. 4.)
  31. 26210.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires a licensee to report a residential address change and requires the licensing authority to notify the Department of Justice.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26210. (a) When a licensee under this chapter has a change of address, the license shall be amended to reflect the new address and a new license shall be issued pursuant to subdivision (b) of Section 26215. (b) The licensee shall notify the licensing authority in writing within 10 days of any change in the licensee’s place of residence, and within 10 days of receiving that notice, the licensing authority shall notify the Department of Justice of the change in a licensee’s place of residence. (c) If both of the following conditions are satisfied, a license to carry a concealed handgun may not be revoked solely because the licensee’s place of residence has changed to another county: (1) The licensee has not breached any of the conditions or restrictions set forth in the license or imposed in accordance with Section 26200. (2) The licensee has not become prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (d) Notwithstanding subdivision (c), if a licensee’s place of residence was the basis for issuance of a license, any license issued pursuant to Section 26150 or 26155 shall expire 90 days after the licensee moves from the county of issuance. (e) If the license is one to carry loaded and exposed a pistol, revolver, or other firearm capable of being concealed upon the person, the license shall be revoked immediately upon a change of the licensee’s place of residence to another county. (Amended by Stats. 2023, Ch. 249, Sec. 24. (SB 2) Effective January 1, 2024.)
  32. 26215.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensed person may ask the licensing authority to amend the license, and the authority must issue a new license if it grants an amendment.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26215. (a) A person issued a license pursuant to this article may apply to the licensing authority for an amendment to the license to do one or more of the following: (1) Add or delete authority to carry a particular pistol, revolver, or other firearm capable of being concealed upon the person. (2) Authorize the licensee to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (3) If the population of the county is less than 200,000 persons according to the most recent federal decennial census, authorize the licensee to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person. (4) Change any restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. (b) If the licensing authority amends the license, a new license shall be issued to the licensee reflecting the amendments. (c) An amendment to the license does not extend the original expiration date of the license and the license shall be subject to renewal at the same time as if the license had not been amended. (d) An application to amend a license does not constitute an application for renewal of the license. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  33. 2622.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    If a prisoner’s personal-appearance order is not made under Sections 2620 or 2621, the prisoner’s deposition may be taken in the way used for a sick witness, and certain officers may take it and administer the oath.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2622. When the order for personal appearance is not made pursuant to Section 2620 or Section 2621 the deposition of the prisoner may be taken in the manner provided for in the case of a witness who is sick, and Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 shall, so far as applicable, govern in the application for and in the taking and use of that deposition. The deposition may be taken before any magistrate or notary public of the county in which the prison is situated; or in case the defendant is unable to pay for taking the deposition, before an officer of the prison designated by the board, whose duty it shall be to act without compensation. Every officer before whom testimony shall be taken under this section, shall have authority to administer, and shall administer, an oath to the witness that his or her testimony shall be the truth, the whole truth, and nothing but the truth. (Amended by Stats. 1987, Ch. 828, Sec. 119.)
  34. 26220.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section sets how long certain concealed-carry licenses remain valid, where some are valid, and requires the licensee to give a copy to the local licensing authority.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26220. (a) Except as otherwise provided in this section and in subdivision (c) of Section 26210, a license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed two years from the date of the license. (b) If the licensee’s place of employment or business was the basis for issuance of a license pursuant to Section 26150, the license is valid for any period of time not to exceed 90 days from the date of the license, unless the license was issued pursuant to subdivision (d). The license shall be valid only in the county in which the license was originally issued. The licensee shall give a copy of this license to the licensing authority of the city, county, or city and county in which the licensee resides. The licensing authority that originally issued the license shall inform the licensee verbally and in writing in at least 16-point type of this obligation to give a copy of the license to the licensing authority of the city, county, or city and county of residence. Any application to renew or extend the validity of, or reissue, the license may be granted only upon the concurrence of the licensing authority that originally issued the license and the licensing authority of the city, county, or city and county in which the licensee resides. (c) A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed three years from the date of the license if the license is issued to any of the following individuals: (1) A judge of a California court of record. (2) A full-time court commissioner of a California court of record. (3) A judge of a federal court. (4) A magistrate of a federal court. (d) A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed four years from the date of the license if the license is issued to a custodial officer who is an employee of the sheriff as provided in Section 831.5, except that the license shall be invalid upon the conclusion of the person’s employment pursuant to Section 831.5 if the four-year period has not otherwise expired or any other condition imposed pursuant to this article does not limit the validity of the license to a shorter time period. (e) A license issued pursuant to Section 26170 to a peace officer appointed pursuant to Section 830.6 is valid for any period of time not to exceed four years from the date of the license, except that the license shall be invalid upon the conclusion of the person’s appointment pursuant to Section 830.6 if the four-year period has not otherwise expired or any other condition imposed pursuant to this article does not limit the validity of the license to a shorter time period. (Amended by Stats. 2023, Ch. 249, Sec. 25. (SB 2) Effective January 1, 2024.)
  35. 26225.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Licensing authorities must keep and file records of certain firearm license actions, and they must report annual license counts for peace officers and judges to the Attorney General.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26225. (a) A record of the following shall be maintained in the office of the licensing authority: (1) The denial of a license. (2) The denial of an amendment to a license. (3) The issuance of a license. (4) The amendment of a license. (5) The revocation of a license. (b) Copies of each of the following shall be filed immediately by the licensing authority with the Department of Justice, in a manner as prescribed by the Attorney General: (1) The denial of a license. (2) The denial of an amendment to a license. (3) The issuance of a license. (4) The amendment of a license. (5) The revocation of a license. (c) (1) Commencing on or before January 1, 2000, and annually thereafter, each licensing authority shall submit to the Attorney General the total number of licenses issued to peace officers pursuant to Section 26170, and to judges pursuant to Section 26150 or 26155. (2) The Attorney General shall collect and record the information submitted pursuant to this subdivision by county and licensing authority. (d) The Department of Justice may adopt emergency regulations for the purpose of implementing Sections 26150 to 26230, inclusive, Section 29805, and Section 31635. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. Emergency regulations adopted pursuant to this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect no later than two years after the effective date of the act that added this subdivision. (e) If a licenseholder fails to submit an application for renewal within 90 days of the expiration of their license, the licensing authority shall immediately request that the department terminate state or federal subsequent notification pursuant to subdivision (d) of Section 11105.2. (Amended by Stats. 2025, Ch. 570, Sec. 11. (AB 1078) Effective January 1, 2026.)
  36. 2623.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    A court or superior court judge may order a prisoner’s deposition in a civil action or special proceeding, but only on a party’s motion with an affidavit showing the case, the expected testimony, and its materiality.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2623. If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner’s examination in the prison by deposition may be made. 1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court. 2. By a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court or before a judge or other person out of court. Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. The deposition, when ordered, shall be taken in accordance with Section 2622. (Amended by Stats. 1998, Ch. 931, Sec. 431. Effective September 28, 1998.)
  37. 26230.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A concealed-carry licensee generally may not carry a firearm into listed prohibited places, with limited exceptions for vehicle transport, travel through adjacent public rights-of-way, and some location-specific carve-outs.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26230. (a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following: (1) A place prohibited by Section 626.9. (2) A building, real property, or parking area under the control of a preschool or childcare facility, including a room or portion of a building under the control of a preschool or childcare facility. This paragraph does not prevent the operator of a childcare facility in a family home from owning or possessing a firearm in the home if no child under childcare at the home is present in the home or the firearm in the home is unloaded, stored in a locked container, and stored separately from ammunition when a child under childcare at the home is present in the home so long as the childcare provider notifies clients that there is a firearm in the home. (3) A building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c. (4) A building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, parking area under the control of the owner or operator of that building, or a building or portion of a building under the control of the Supreme Court, unless the person is a justice, judge, or commissioner of that court. (5) A building, parking area, or portion of a building under the control of a unit of local government, unless the firearm is being carried for purposes of training pursuant to Section 26165. (6) A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail. (7) A building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided. (8) A bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds, unless the firearm is unloaded and is locked in a lock box, as defined in subdivision (y) of Section 4082 of, and subdivision (b) of Section 4094 of, Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540, and that is listed on the department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655, for the purpose of transporting the firearm. (9) A building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises. (10) A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and sidewalk or street immediately adjacent to the public gathering or special event but is not more than 1,000 feet from the event or gathering, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access their residence, place of business, or vehicle. (11) A playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center. (12) A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle. (13) Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except those areas designated for hunting pursuant to Section 5003.1 of the Public Resources Code, Section 4501 of Title 14 of the California Code of Regulations, or any other designated public hunting area, public shooting ground, or building where firearm possession is permitted by applicable law. (14) An area under the control of a public or private community college, college, or university, including, but not limited to, buildings, classrooms, laboratories, medical clinics, hospitals, artistic venues, athletic fields or venues, entertainment venues, officially recognized university-related organization properties, whether owned or leased, and real property, including parking areas, sidewalks, and common areas. (15) A building, real property, or parking area that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gambling establishments, gaming clubs, bingo operations, facilities licensed by the California Horse Racing Board, or a facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played. (16) A stadium, arena, or the real property or parking area under the control of a stadium, arena, or a collegiate or professional sporting or eSporting event. (17) A building, real property, or parking area under the control of a public library. (18) A building, real property, or parking area under the control of an airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5. (19) A building, real property, or parking area under the control of an amusement park. (20) A building, real property, or parking area under the control of a zoo or museum. (21) A street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. (22) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size. (23) A financial institution or parking area under the control of a financial institution. (24) A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency. (25) A polling place, voting center, precinct, or other area or location where votes are being cast or cast ballots are being returned or counted, or the streets or sidewalks immediately adjacent to any of these places. (26) Any other privately owned commercial establishment that is open to the public, unless the operator of the establishment clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size. (27) Any other place or area prohibited by other provisions of state law. (28) Any other place or area prohibited by federal law. (29) Any other place or area prohibited by local law. (b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision (y) of Section 4082 of, and subdivision (b) of Section 4094 of, Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540, and that is listed on the department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. This subdivision does not preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles. (c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to: (1) Transport a concealed firearm or ammunition within a vehicle into or out of the parking area so long as the firearm is locked in a lock box. (2) Store ammunition or a firearm within a locked lock box and out of plain view within the vehicle in the parking area. This paragraph does not preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles. (3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle’s trunk or other place inside the vehicle that is out of plain view. (d) For purposes of subdivision (c), a lock box is an item as defined in subdivision (y) of Section 4082 of, and subdivision (b) of Section 4094 of, Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540, and that is listed on the Department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. (e) For purposes of subdivisions (b) and (c), a lock box that was listed on the Department’s Roster of Firearm Safety Devices Certified for Sale at the time it was purchased by the licensee shall be deemed to be a compliant lock box. (f) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. This section does not allow a person to loiter or remain in a place longer than necessary to complete their travel. (g) This section does not prohibit the carrying of a firearm where it is otherwise expressly authorized by law. (Amended by Stats. 2025, Ch. 570, Sec. 12. (AB 1078) Effective January 1, 2026.)
  38. 26235.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice may make or amend certain contracts to implement this chapter, and those contracts or IT changes are exempt from specified procurement manuals, code chapters, and review or approval by certain state divisions.

    ## 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 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person [26150 - 26235] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26235. (a) For purposes of implementing this chapter, the Department of Justice may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis, including contracts to implement new or change existing information technology systems. (b) Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to this section, shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Chapter 5 (commencing with Section 19130) of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 12100) of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology. (Amended by Stats. 2024, Ch. 80, Sec. 107. (SB 1525) Effective January 1, 2025.)
  39. 2624.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    A court may order an incarcerated witness to testify by two-way electronic audiovisual communication if the party calling the witness submits a written request.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2624. (a) Notwithstanding any other provision of law, a court may, upon the submission of a written request by the party calling the witness, order an incarcerated witness to testify in legal proceedings via two-way electronic audiovisual communication. (b) As used in this section, “legal proceedings” includes preliminary hearings, civil trials, and criminal trials. (c) With reference to criminal trials only, the procedure described in this section shall only be used with the consent of both parties expressed in open court, and, in consultation with the defendant’s counsel, upon a waiver by the defendant of his or her right to compel the physical presence of the witness, pursuant to the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution. This waiver may be rescinded by the defendant upon a showing of good cause. (d) No inducement shall be offered nor any penalty imposed in connection with a defendant’s consent to allow a witness to testify via closed-circuit television. (Added by Stats. 1998, Ch. 122, Sec. 1. Effective January 1, 1999.)
  40. 2625.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

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    This section requires courts to notify prisoners in certain parental-rights, dependency, and parentage proceedings, and it sets rules for bringing a prisoner to court, including remote participation options in some hearings.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2625. (a) For the purposes of this section only, the term “prisoner” includes any individual in custody in a state prison, the California Rehabilitation Center, or a county jail, or who is a ward confined in a secure youth treatment facility or who, upon a verdict or finding that the individual was insane at the time of committing an offense, or mentally incompetent to be tried or adjudged to punishment, is confined in a state hospital for the care and treatment of persons with mental health disorders or in any other public or private treatment facility. (b) In a proceeding brought under Part 4 (commencing with Section 7800) of Division 12 of the Family Code, and Section 366.26 of the Welfare and Institutions Code, if the proceeding seeks to terminate the parental rights of a prisoner, or a proceeding brought under Section 300 of the Welfare and Institutions Code, if the proceeding seeks to adjudicate the child of a prisoner a dependent child of the court, a proceeding brought under Section 388 of the Welfare and Institutions Code, if the prisoner is the petitioner, or a hearing described in Section 361, 366.21, 366.22, or 366.25, when that hearing is related to the child of the prisoner, or any hearing at which parentage of a child of the prisoner is to be determined, the superior court of the county in which the proceeding is pending, or a judge thereof, shall order notice of any court proceeding regarding the proceeding transmitted to the prisoner. (c) Service of notice shall be made pursuant to Section 7881 or 7882 of the Family Code or Section 290.2, 291, 293, or 294 of the Welfare and Institutions Code, as appropriate. (d) Upon receipt by the court of a statement from the prisoner or the prisoner’s attorney indicating the prisoner’s desire to be present during the court’s proceedings, the court shall issue an order for the temporary removal of the prisoner from the institution, and for the prisoner’s production before the court. A proceeding shall not be held under Part 4 (commencing with Section 7800) of Division 12 of the Family Code or Section 366.26 of the Welfare and Institutions Code and a petition to adjudge the child of a prisoner a dependent child of the court pursuant to Section 300 of the Welfare and Institutions Code shall not be adjudicated without the physical presence of the prisoner or the prisoner’s attorney, unless the court has before it a knowing waiver of the right of physical presence signed by the prisoner or an affidavit signed by the warden, superintendent, or other person in charge of the institution, or a designated representative stating that the prisoner has, by express statement or action, indicated an intent not to appear at the proceeding. (e) In any other action or proceeding in which a prisoner’s parental or marital rights are subject to adjudication, an order for the prisoner’s temporary removal from the institution and for the prisoner’s production before the court may be made by the superior court of the county in which the action or proceeding is pending, or by a judge thereof. A copy of the order shall be transmitted to the warden, superintendent, or other person in charge of the institution not less than 15 days before the order is to be executed. The order shall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the prisoner before the proper court, to keep the prisoner safely, and when the prisoner’s presence is no longer required, to return the prisoner to the institution from which the prisoner was taken. The expense of executing the order shall be a proper charge against, and shall be paid by, the county in which the order shall be made. The order shall be to the following effect: County of ____ (as the case may be). The people of the State of California to the warden of ____: An order having been made this day by me, that (name of prisoner) be produced in this court as a party in the case of ____, you are commanded to deliver (name of prisoner) into the custody of ____ for the purpose of (recite purposes). Dated this ____ day of ____, 20__. (f) When a prisoner is removed from the institution pursuant to this section, the prisoner shall remain in the constructive custody of the warden, superintendent, or other person in charge of the institution. (g) A prisoner who is a parent of a child involved in a dependency hearing described in this section and who has either waived the right to physical presence at the hearing pursuant to subdivision (d) or who has not been ordered before the court shall, in order to facilitate the parent’s participation, be given the opportunity to participate in the hearing by videoconference, if that technology is available, and if that participation otherwise complies with the law. If videoconferencing technology is not available, teleconferencing shall be utilized to facilitate parental participation. This subdivision does not limit a prisoner’s right to physically attend a dependency hearing as provided in this section. This section does not authorize the use of videoconference or teleconference to replace in-person family visits with prisoners. (h) It is the intent of the Legislature to maintain internal job placement opportunities and preserve earned privileges for prisoners, and prevent the removal of prisoners subject to this section from court-ordered courses as a result of their participation in the proceedings described in this section. (i) Notwithstanding any other law, a court shall not order the removal and production of a prisoner sentenced to death, whether or not that sentence is being appealed, in any action or proceeding in which the prisoner’s parental rights are subject to adjudication. (Amended by Stats. 2025, Ch. 274, Sec. 1. (AB 651) Effective January 1, 2026.)
  41. 2626.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Department of Corrections and Rehabilitation may accept donated materials and services for videoconferencing and teleconferencing to run a program for incarcerated parents in dependency court hearings.

    ## 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 2. Prisoners as Witnesses [2620 - 2626] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2626. (a) The Department of Corrections and Rehabilitation is authorized to accept donated materials and services related to videoconferencing and teleconferencing in order to implement a program, at a prison to be determined by the department, to facilitate the participation of incarcerated parents in dependency court hearings regarding their children. (b) The implementation of this program is contingent upon the receipt of sufficient donations of materials and services by the department. (Added by Stats. 2010, Ch. 482, Sec. 2. (SB 962) Effective January 1, 2011.)
  42. 263.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Rape is defined here as an offense completed by any sexual penetration, however slight, and tied to the outrage caused to the victim.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 263. The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient to complete the crime. (Amended by Stats. 1979, Ch. 994.)
  43. 263.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    The section says nonconsensual sexual assault may be treated as rape for assessing the seriousness of the offense and supporting survivors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 263.1. (a) The Legislature finds and declares that all forms of nonconsensual sexual assault may be considered rape for purposes of the gravity of the offense and the support of survivors. (b) This section is declarative of existing law. (Added by Stats. 2016, Ch. 848, Sec. 1. (AB 701) Effective January 1, 2017.)
  44. 26300.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section lets certain retired peace officers carry a concealed, loaded firearm only if certificate and endorsement requirements 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26300. (a) Any peace officer listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, is authorized to carry a concealed and loaded firearm if the agency issued the officer an identification certificate and the certificate has not been stamped as specified in Section 25470. (b) Any peace officer employed by an agency and listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who retired after January 1, 1981, shall have an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed and loaded firearm. (c) (1) Any peace officer not listed in subdivision (a) or (b) who was authorized to, and did, carry a firearm during the course and scope of his or her appointment as a peace officer shall have an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed and loaded firearm. (2) This subdivision applies to a retired reserve officer if the retired reserve officer satisfies the requirements of paragraph (1), was a level I reserve officer as described in paragraph (1) of subdivision (a) of Section 832.6, and he or she served in the aggregate the minimum amount of time as specified by the retiree’s agency’s policy as a level I reserve officer, provided that the policy shall not set an aggregate term requirement that is less than 10 years or more than 20 years. Service as a reserve officer, other than a level I reserve officer prior to January 1, 1997, shall not count toward the accrual of time required by this section. A law enforcement agency shall have the discretion to revoke or deny an endorsement issued under this subdivision pursuant to Section 26305. (Amended by Stats. 2013, Ch. 267, Sec. 3. (AB 703) Effective January 1, 2014.)
  45. 26305.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retired peace officer who retired after January 1, 1989 because of a psychological disability may not be issued an endorsement to carry a concealed and loaded 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26305. (a) No peace officer who is retired after January 1, 1989, because of a psychological disability shall be issued an endorsement to carry a concealed and loaded firearm pursuant to this article. (b) A retired peace officer may have the privilege to carry a concealed and loaded firearm revoked or denied by violating any departmental rule, or state or federal law that, if violated by an officer on active duty, would result in that officer’s arrest, suspension, or removal from the agency. (c) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement on the certificate may be immediately and temporarily revoked by the issuing agency when the conduct of a retired peace officer compromises public safety. (d) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be permanently revoked or denied by the issuing agency only upon a showing of good cause. Good cause shall be determined at a hearing, as specified in Section 26320. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  46. 26310.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retired peace officer may request a hearing within 15 days if an endorsement is denied without a prior hearing.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26310. (a) Issuance of an identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be denied prior to a hearing. (b) If a hearing is not conducted prior to the denial of an endorsement, a retired peace officer, within 15 days of the denial, shall have the right to request a hearing. A retired peace officer who fails to request a hearing pursuant to this section shall forfeit the right to a hearing. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  47. 26312.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retiree has 15 days to request a hearing after notice of temporary revocation, and if no response is made the firearm-carrying authority is permanently revoked.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26312. (a) Notice of a temporary revocation shall be effective upon personal service or upon receipt of a notice that was sent by first-class mail, postage prepaid, return receipt requested, to the retiree’s last known place of residence. (b) The retiree shall have 15 days to respond to the notification and request a hearing to determine if the temporary revocation should become permanent. (c) A retired peace officer who fails to respond to the notice of hearing within the 15-day period shall forfeit the right to a hearing and the authority of the officer to carry a firearm shall be permanently revoked. The retired officer shall immediately return the identification certificate to the issuing agency. (d) If a hearing is requested, good cause for permanent revocation shall be determined at a hearing, as specified in Section 26320. The hearing shall be held no later than 120 days after the request by the retired officer for a hearing is received. (e) A retiree may waive the right to a hearing and immediately return the identification certificate to the issuing agency. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  48. 26315.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retired peace officer’s firearm identification certificate or endorsement can be permanently revoked only after a hearing, with notice and a 15-day response window.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26315. (a) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be permanently revoked only after a hearing, as specified in Section 26320. (b) Any retired peace officer whose identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement is to be revoked shall receive notice of the hearing. Notice of the hearing shall be served either personally on the retiree or sent by first-class mail, postage prepaid, return receipt requested to the retiree’s last known place of residence. (c) From the date the retiree signs for the notice or upon the date the notice is served personally on the retiree, the retiree shall have 15 days to respond to the notification. A retired peace officer who fails to respond to the notice of the hearing shall forfeit the right to a hearing and the authority of the officer to carry a firearm shall be permanently revoked. The retired officer shall immediately return the identification certificate to the issuing agency. (d) If a hearing is requested, good cause for permanent revocation shall be determined at the hearing, as specified in Section 26320. The hearing shall be held no later than 120 days after the request by the retired officer for a hearing is received. (e) The retiree may waive the right to a hearing and immediately return the identification certificate to the issuing agency. (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. 26320.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Hearings under this article must be heard by a three-member board, and the board’s decision binds the agency and the retired peace officer.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26320. (a) Any hearing conducted under this article shall be held before a three-member hearing board. One member of the board shall be selected by the agency and one member shall be selected by the retired peace officer or his or her employee organization. The third member shall be selected jointly by the agency and the retired peace officer or his or her employee organization. (b) Any decision by the board shall be binding on the agency and the retired peace officer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  50. 26325.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A retired peace officer must immediately surrender the identification certificate to the issuing agency when notified that the privilege to carry a concealed and loaded firearm has been revoked, and the agency must issue a new certificate. Certain pre-1981 retirees must receive a certificate stamped “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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26325. (a) A retired peace officer, when notified of the revocation of the privilege to carry a concealed and loaded firearm, after the hearing, or upon forfeiting the right to a hearing, shall immediately surrender to the issuing agency the officer’s identification certificate. (b) The issuing agency shall reissue a new identification certificate without an endorsement. (c) Notwithstanding subdivision (b), if the peace officer retired prior to January 1, 1981, and was at the time of retirement a peace officer listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5, the issuing agency shall stamp on the 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.)
  51. 26330.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A law enforcement agency may require a retiring or retired peace officer seeking an endorsement for concealed-firearm carrying to undergo a fingerprint-based background check, and must work with the Department of Justice on the required fingerprint submission and eligibility notice process.

    ## 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 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm [26300 - 26330] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26330. (a) A law enforcement agency may require a retiring or a retired peace officer seeking an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed firearm, as described in Chapter 2 (commencing with Section 25400) and Chapter 5 (commencing with Section 26300) of Division 4 of Title 4, to undergo a fingerprint-based state and national criminal history background check. (b) A law enforcement agency shall submit to the Department of Justice fingerprint images and related information for an individual specified in subdivision (a) who is subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (k) of Section 11105. (c) (1) The Department of Justice shall notify a law enforcement agency as to whether an individual specified in subdivision (a) is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date that the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition. The Department of Justice may charge the applicant a fee sufficient to reimburse its costs for furnishing this information. (2) If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant’s eligibility to possess, receive, own, or purchase a firearm, the department shall notify the law enforcement agency. (3) No endorsement shall be issued by any law enforcement agency unless the information described in paragraph (1) confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm. (d) As used in this section, “law enforcement agency” means a police or sheriff’s department, any department or agency of the state, or any political subdivision thereof that employs any peace officer, as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (Added by Stats. 2025, Ch. 113, Sec. 39. (SB 160) Effective September 17, 2025.)
  52. 2635.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must review informational handbooks about sexual abuse in detention published by outside organizations.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2635. 2635.The Department of Corrections and Rehabilitation shall review informational handbooks regarding sexual abuse in detention published by outside organizations. Upon approving the content thereof, handbooks provided by one or more outside organizations shall be made available to inmates and wards. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  53. 26350.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 1. Crime of Openly Carrying an Unloaded Handgun [26350- 26350.] ( Article 1 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    A person may not openly carry an unloaded handgun in the listed public places or on the listed public streets, and violations are generally misdemeanors.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 1. Crime of Openly Carrying an Unloaded Handgun [26350- 26350.] ( Article 1 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26350. (a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county. (2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county. (b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor. (2) A violation of subparagraph (A) of paragraph (1) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if both of the following conditions exist: (A) The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person. (B) The person is not in lawful possession of that handgun. (c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section. (2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision. (d) Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  54. 2636.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must consider risk factors in inmate classification and housing assignment, and must ensure staff intervene when an inmate or ward appears to be targeted for sexual harassment or intimidation.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2636. For the purposes of this section, all references to classification of wards shall take effect upon the adoption of a classification system for wards developed by the Department of Corrections and Rehabilitation in compliance with Farrell v. Allen, Alameda County Superior Court Case No. RG 03079344. The following practices shall be instituted to prevent sexual violence and promote inmate and ward safety in the Department of Corrections and Rehabilitation: (a) The Department of Corrections and Rehabilitation inmate classification and housing assignment procedures shall take into account risk factors that can lead to inmates and wards becoming the target of sexual victimization or of being sexually aggressive toward others. Relevant considerations include: (1) Age of the inmate or ward. (2) Whether the offender is a violent or nonviolent offender. (3) Whether the inmate or ward has served a prior term of commitment. (4) Whether the inmate or ward has a history of mental illness. (b) The Department of Corrections and Rehabilitation shall ensure that staff members intervene when an inmate or ward appears to be the target of sexual harassment or intimidation. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  55. 26361.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to open carrying an unloaded handgun by a peace officer or an honorably retired peace officer who meets the listed concealed- or loaded-firearm carrying 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26361. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any peace officer or any honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  56. 26362.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    This section says Section 26350 does not apply to open carrying an unloaded handgun when the person may lawfully open carry a loaded handgun under Article 4.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26362. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person to the extent that person may openly carry a loaded handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  57. 26363.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain licensed firearms businesses, or their authorized representatives or agents, when openly carrying an unloaded handgun as merchandise in the lawful course of the 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 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26363. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun 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. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  58. 26364.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain unloaded-handgun open carry by authorized military or civil organizations and their members during parades or parade practice at the organization’s meeting place.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26364. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  59. 26365.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    This section exempts certain target-range club members from Section 26350 when they openly carry an unloaded handgun at the range or incident to using a handgun there.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26365. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member 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 handguns upon the target ranges or incident to the use of a handgun at that target range. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  60. 26366.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to a licensed hunter openly carrying an unloaded handgun while hunting or while traveling to or from the hunting trip.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26366. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while engaged in hunting or while transporting that handgun when going to or returning from that hunting expedition. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  61. 26366.5.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to a licensed hunter openly carrying an unloaded handgun while training a dog for lawful hunting, or while transporting the firearm to or from that training.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26366.5. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training. (Added by Stats. 2012, Ch. 700, Sec. 9. (AB 1527) Effective January 1, 2013.)
  62. 26367.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain unloaded-handgun open carry during handgun transportation by licensed common carriers or their authorized agents/employees, if 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26367. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  63. 26368.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain members carrying an unloaded handgun during official parade duty, ceremonial occasions, or related rehearsals or 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26368. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  64. 26369.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    This section says Section 26350(a)(1) does not apply to open carrying an unloaded handgun inside a qualifying gun show.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26369. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  65. 2637.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must ensure its sexual-abuse response protocols include required protections, and staff must not punish, discriminate against, or retaliate against inmates and wards who report sexual abuse.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2637. The Department of Corrections and Rehabilitation shall ensure that its protocols for responding to sexual abuse include all of the following: (a) The safety of an inmate or ward who alleges that he or she has been the victim of sexual abuse shall be immediately and discreetly ensured. Staff shall provide the safest possible housing options to inmates and wards who have experienced repeated abuse. Housing options may include discreet institution transfers. (b) Inmates and wards who file complaints of sexual abuse shall not be punished, either directly or indirectly, for doing so. If a person is segregated for his or her own protection, segregation must be nondisciplinary. (c) Any person who knowingly or willfully submits inaccurate or untruthful information in regards to sexual abuse is punishable pursuant to department regulations. (d) Under no circumstances is it appropriate to suggest that an inmate should fight to avoid sexual violence or to suggest that the reported sexual abuse is not significant enough to be addressed by staff. (e) Staff shall not discriminate in their response to inmates and wards who are gay, bisexual, or transgender who experience sexual aggression, or report that they have experienced sexual abuse. (f) Retaliation against an inmate or ward for making an allegation of sexual abuse shall be strictly prohibited. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  66. 26370.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to open carrying of an unloaded handgun in a school zone if Section 626.9 does not prohibit that carrying.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26370. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9. (Amended by Stats. 2017, Ch. 779, Sec. 2. (AB 424) Effective January 1, 2018.)
  67. 26371.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun when the conduct follows Section 171b.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26371. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when in accordance with the provisions of Section 171b. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  68. 26372.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun by a person making or attempting a lawful arrest.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26372. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person while engaged in the act of making or attempting to make a lawful arrest. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  69. 26373.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain open carrying of an unloaded handgun when it is part of a loan, sale, or transfer and the handgun is on private property with the owner’s or lessee’s permission.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26373. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to loaning, selling, or transferring that handgun in accordance with Article 1 (commencing with Section 27500) of Chapter 4 of Division 6, or in accordance with any of the exemptions from Section 27545, so long as that handgun is possessed within private property and the possession and carrying is with the permission of the owner or lessee of that private property. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  70. 26374.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun by a person engaged in firearms-related activities in certain licensed firearms-related business 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26374. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  71. 26375.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain open carrying of an unloaded handgun for motion picture, television, video production, or entertainment 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26375. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television or video production, or entertainment event, when the participant lawfully uses the handgun as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  72. 26376.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    This section exempts certain open carrying of an unloaded handgun when it is incidental to getting an identification number or mark for that handgun from the Department of Justice.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26376. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to obtaining an identification number or mark assigned for that handgun from the Department of Justice pursuant to Section 23910. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  73. 26377.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    An unloaded handgun may be openly carried at an established target range, public or private, while the person is using it there.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26377. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun at any established target range, whether public or private, while the person is using the handgun upon the target range. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  74. 26378.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to a person openly carrying an unloaded handgun when the person is summoned by a peace officer to help make arrests or preserve the peace and is actually helping.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26378. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  75. 26379.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    This section says Section 26350 does not apply to certain open carrying of an unloaded handgun when it is incident to listed compliance or use provisions, and it 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26379. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following: (a) Complying with Section 27560 or 27565, as it pertains to that handgun. (b) Section 28000, as it pertains to that handgun. (c) Section 27850 or 31725, as it pertains to that handgun. (d) Complying with Section 27875, as it pertains to that handgun. (e) Complying with or utilizing Section 26556, 26892, 27920, 27925, 29810, or 29830, as it pertains to that handgun. (f) Complying with paragraph (2) of subdivision (e) of Section 32000, as it pertains to that handgun. (g) Complying with Section 6389 of the Family Code, as it pertains to that handgun. (h) Complying with Section 527.9 of the Code of Civil Procedure, as it pertains to that handgun. (i) This section shall become operative on January 1, 2026. (Repealed (in Sec. 19) and added by Stats. 2024, Ch. 544, Sec. 20. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  76. 2638.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The provision requires confidential physical and mental health care standards for inmates and wards to address sexual abuse, including care, screening, counseling, monitoring, and confidential discussion rights.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2638. Thoughtful, confidential standards of physical and mental health care shall be implemented to reduce the impact of sexual abuse on inmates and wards in the Department of Corrections and Rehabilitation that include all of the following: (a) Victims shall receive appropriate acute-trauma care for rape victims, including, but not limited to, treatment of injuries, HIV/AIDS prophylactic measures, and, later, testing for sexually transmittable diseases. (b) Health practitioners who conduct or encounter an inmate or ward suffering from problems that might indicate sexual abuse, such as trauma, sexually transmissible diseases, pregnancy, or chronic pain symptoms, shall ask whether the patient has experienced sexual abuse. (c) Practitioners should strive to ask frank, straightforward questions about sexual incidents without shaming inmates or displaying embarrassment about the subject matter. (d) Confidential mental health counseling intended to help the victim to cope with the aftermath of abuse shall be offered to those who report sexual abuse. Victims shall be monitored for suicidal impulses, posttraumatic stress disorder, depression, and other mental health consequences. (e) Any adult inmate in mental health counseling for any reason shall be entitled to speak confidentially about sexual abuse. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  77. 26380.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to open carrying an unloaded handgun when it is part of training for an individual to become a sworn peace officer in an approved course of study.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26380. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  78. 26381.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain open carrying of an unloaded handgun during license-training 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 5. CARRYING FIREARMS [25300 - 26406] ( Division 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26381. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  79. 26382.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun when it is done at the request of a sheriff, police chief, or other municipal police department head.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26382. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to and at the request of a sheriff or chief or other head of a municipal police department. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  80. 26383.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26383 creates an exemption for openly carrying an unloaded handgun in certain private places, if the person has permission from someone authorized under Section 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26383. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when done within a place of business, a place of residence, or on private property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry openly an unloaded handgun within that place of business, place of residence, or on that private property owned or lawfully possessed by that person. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  81. 26384.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26384 creates an exemption: a specified rule in Section 26350 does not apply to open carrying an unloaded handgun if the listed event, sale, and delivery 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26384. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun if all of the following conditions are satisfied: (a) The open carrying occurs at an auction, raffle, or similar event of a nonprofit public benefit or mutual benefit corporation, at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation. (b) The unloaded handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation. (c) The unloaded handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive. (Amended by Stats. 2019, Ch. 738, Sec. 8. (SB 376) Effective January 1, 2020.)
  82. 26385.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun when it is done under paragraph (3) of subdivision (b) of Section 171c.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26385. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to paragraph (3) of subdivision (b) of Section 171c. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  83. 26386.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to open carrying of an unloaded handgun when it is pursuant to Section 171d.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26386. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to Section 171d. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  84. 26387.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun when it is done under the listed Section 171.7 provision.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26387. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to subparagraph (F) of paragraph (1) subdivision (c) of Section 171.7. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  85. 26388.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to the open carrying of an unloaded handgun on publicly owned land when the land’s managing agency specifically permits handgun possession and use, and the person is lawfully in possession of the handgun.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26388. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun on publicly owned land, if the possession and use of a handgun is specifically permitted by the managing agency of the land and the person carrying that handgun is in lawful possession of that handgun. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  86. 26389.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to carrying an unloaded handgun if it is in the locked trunk of a motor vehicle or in a locked container.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26389. Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container. (Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
  87. 2639.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must ensure procedures are followed for investigating and prosecuting sexual abuse incidents in detention.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2639. The Department of Corrections and Rehabilitation shall ensure that the following procedures are performed in the investigation and prosecution of sexual abuse incidents: (a) The provision of safe housing options, medical care, and the like shall not be contingent upon the victim’s willingness to press charges. (b) Investigations into allegations of sexual abuse shall include, when deemed appropriate by the investigating agency, the use of forensic rape kits, questioning of suspects and witnesses, and gathering of other relevant evidence. (c) Physical and testimonial evidence shall be carefully preserved for use in any future proceedings. (d) Staff attitudes that inmates and wards cannot provide reliable information shall be discouraged. (e) If an investigation confirms that any employee has sexually abused an inmate or ward, that employee shall be terminated. Administrators shall report criminal sexual abuse by staff to law enforcement authorities. (f) Consensual sodomy and oral copulation among inmates is prohibited by subdivision (e) of Section 286 and subdivision (e) of Section 287 or former Section 288a, respectively. Without repealing those provisions, the increased scrutiny provided by this article shall apply only to nonconsensual sexual contact among inmates and custodial sexual misconduct. (Amended by Stats. 2018, Ch. 423, Sec. 102. (SB 1494) Effective January 1, 2019.)
  88. 26390.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26350 does not apply to certain open carry of an unloaded handgun when the person has the required permit and follows the permit’s terms.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26390. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances: (a) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit. (b) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit. (c) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying is conducted in accordance with the terms and conditions of the permit. (d) The open carrying of an unloaded handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit. (Added by Stats. 2012, Ch. 700, Sec. 10. (AB 1527) Effective January 1, 2013.)
  89. 26391.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    This section exempts open carrying of an unloaded handgun from Section 26350 when it is done under subdivision (d) of Section 171.5.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26391. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when done in accordance with the provisions of subdivision (d) of Section 171.5. (Added by Stats. 2012, Ch. 700, Sec. 11. (AB 1527) Effective January 1, 2013.)
  90. 26392.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. )

    Verify source ↗

    Section 26392 creates exemptions from Section 26350 for certain people transporting an unloaded handgun, including notice requirements in some cases.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 2. Exemptions [26361 - 26392] ( Article 2 added by Stats. 2011, Ch. 725, Sec. 14. ) ## 26392. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances: (a) By a person who finds that handgun, if the person is transporting the handgun in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 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 handgun to the law enforcement agency. (b) By a person who finds that handgun 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) By a person who took the firearm from a person who was committing a crime against the person 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 that handgun to the law enforcement agency for disposition according to law. (Added by Stats. 2019, Ch. 110, Sec. 4. (AB 1292) Effective January 1, 2020.)
  91. 26395.

    ## 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 3. Openly Carrying an Unloaded Handgun as a Nuisance [26395- 26395.] ( Article 3 added by Stats. 2024, Ch. 534, Sec. 4. )

    Verify source ↗

    Unlawful carrying of a handgun in violation of Section 26350 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 6. Openly Carrying an Unloaded Handgun [26350 - 26395] ( Chapter 6 added by Stats. 2011, Ch. 725, Sec. 14. ) ## ARTICLE 3. Openly Carrying an Unloaded Handgun as a Nuisance [26395- 26395.] ( Article 3 added by Stats. 2024, Ch. 534, Sec. 4. ) ## 26395. (a) The unlawful carrying of any handgun in violation of Section 26350 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not apply to either of the following: (1) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto. (2) Any firearm that is forfeited pursuant to Section 5008.6 of the Public Resources Code. (Added by Stats. 2024, Ch. 534, Sec. 4. (AB 2739) Effective January 1, 2025.)
  92. 264.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section sets prison terms for rape and allows a small additional fine in some cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or former Section 262, is punishable by imprisonment in the state prison for three, six, or eight years. (b) In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates Section 261 or former Section 262 with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of the defendant’s inability to pay the fine permitted under this subdivision. (c) (1) A person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a child who is under 14 years of age shall be punished by imprisonment in the state prison for 9, 11, or 13 years. (2) A person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a minor who is 14 years of age or older shall be punished by imprisonment in the state prison for 7, 9, or 11 years. (3) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other law. (Amended by Stats. 2021, Ch. 626, Sec. 21. (AB 1171) Effective January 1, 2022.)
  93. 264.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A defendant who commits certain sexual offenses with another person, by force or violence and against the victim’s will, faces prison terms that vary by the victim’s age.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 264.1. (a) The provisions of Section 264 notwithstanding, when the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261 or 289, either personally or by aiding and abetting the other person, that fact shall be charged in the indictment or information and if found to be true by the jury, upon a jury trial, or if found to be true by the court, upon a court trial, or if admitted by the defendant, the defendant shall suffer confinement in the state prison for five, seven, or nine years. (b) (1) If the victim of an offense described in subdivision (a) is a child who is under 14 years of age, the defendant shall be punished by imprisonment in the state prison for 10, 12, or 14 years. (2) If the victim of an offense described in subdivision (a) is a minor who is 14 years of age or older, the defendant shall be punished by imprisonment in the state prison for 7, 9, or 11 years. (3) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other law. (Amended by Stats. 2021, Ch. 626, Sec. 22. (AB 1171) Effective January 1, 2022.)
  94. 264.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Law enforcement, hospitals, and medical providers have immediate notice and information-sharing duties in certain sexual assault and related cases, and the victim has specific support and privacy-related rights during examinations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 264.2. (a) When there is an alleged violation or violations of subdivision (e) of Section 243, or Section 261, 261.5, 273.5, 286, 287, or 289, the law enforcement officer assigned to the case shall immediately provide the victim of the crime with the “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701, or with the card described in subdivision (a) of Section 680.2, whichever is more applicable. (b) (1) The law enforcement officer, or the law enforcement officer’s agency, shall immediately notify the local rape victim counseling center, whenever a victim of an alleged violation of Section 261, 261.5, 286, 287, or 289 is transported to a hospital for a medical evidentiary or physical examination. The hospital may notify the local rape victim counseling center, when the victim of the alleged violation of Section 261, 261.5, 286, 287, or 289 is presented to the hospital for the medical or evidentiary physical examination, upon approval of the victim. The victim has the right to have a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, and a support person of the victim’s choosing present at any medical evidentiary or physical examination. (2) Prior to the commencement of an initial medical evidentiary or physical examination arising out of a sexual assault, the medical provider shall give the victim the card described in subdivision (a) of Section 680.2. This requirement shall apply only if the law enforcement agency has provided the card to the medical provider in a language understood by the victim. (3) The hospital may verify with the law enforcement officer, or the law enforcement officer’s agency, whether the local rape victim counseling center has been notified, upon the approval of the victim. (4) A support person may be excluded from a medical evidentiary or physical examination if the law enforcement officer or medical provider determines that the presence of that individual would be detrimental to the purpose of the examination. (5) After conducting the medical evidentiary or physical examination, the medical provider shall give the victim the opportunity to shower or bathe at no cost to the victim, unless a showering or bathing facility is not available. (6) A medical provider shall, within 24 hours of obtaining sexual assault forensic evidence from the victim, notify the law enforcement agency having jurisdiction over the alleged violation if the medical provider knows the appropriate jurisdiction. If the medical provider does not know the appropriate jurisdiction, the medical provider shall notify the local law enforcement agency. (Amended by Stats. 2021, Ch. 626, Sec. 23. (AB 1171) Effective January 1, 2022.)
  95. 2640.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must collect and keep statistics on sexual abuse of inmates and wards, classify incidents specifically, include certain investigation details, and make the data available to the Ombudsperson.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2640. The Department of Corrections and Rehabilitation shall collect data as follows: (a) The Department of Corrections and Rehabilitation shall keep statistics on the sexual abuse of inmates and wards. Sexual abuse incidents shall not be classified as “other” nor simply included in a broader category of general assaults. (b) Statistics shall include whether the abuse was perpetrated by a staff member or other inmate, the results of the investigation and any resolution of the complaint by department officials and prosecution authorities. The data shall be made available to the Office of the Sexual Abuse in Detention Elimination Ombudsperson. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  96. 26400.

    ## 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 7. Carrying an Unloaded Firearm That is not a Handgun [26400 - 26406] ( Heading of Chapter 7 amended by Stats. 2017, Ch. 734, Sec. 1. ) ## ARTICLE 1. Crime of Carrying an Unloaded Firearm that is not a Handgun [26400- 26400.] ( Heading of Article 1 amended by Stats. 2017, Ch. 734, Sec. 2. )

    Verify source ↗

    A person who carries an unloaded non-handgun firearm outside a vehicle in certain listed areas commits an offense.

    ## 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 7. Carrying an Unloaded Firearm That is not a Handgun [26400 - 26406] ( Heading of Chapter 7 amended by Stats. 2017, Ch. 734, Sec. 1. ) ## ARTICLE 1. Crime of Carrying an Unloaded Firearm that is not a Handgun [26400- 26400.] ( Heading of Article 1 amended by Stats. 2017, Ch. 734, Sec. 2. ) ## 26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas: (1) An incorporated city or city and county. (2) A public place or a public street in a prohibited area of an unincorporated area of a county. (b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor. (2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm. (c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section. (2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision. (d) Notwithstanding the fact that the term “an unloaded firearm that is not a handgun” is used in this section, each individual firearm shall constitute a distinct and separate offense under this section. (Amended by Stats. 2017, Ch. 734, Sec. 3. (AB 7) Effective January 1, 2018.)
  97. 26405.

    ## 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 7. Carrying an Unloaded Firearm That is not a Handgun [26400 - 26406] ( Heading of Chapter 7 amended by Stats. 2017, Ch. 734, Sec. 1. ) ## ARTICLE 2. Exemptions [26405 - 26406] ( Article 2 added by Stats. 2012, Ch. 700, Sec. 12. )

    Verify source ↗

    Section 26400 does not apply in listed situations for carrying an unloaded firearm that is not a handgun.

    ## 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 7. Carrying an Unloaded Firearm That is not a Handgun [26400 - 26406] ( Heading of Chapter 7 amended by Stats. 2017, Ch. 734, Sec. 1. ) ## ARTICLE 2. Exemptions [26405 - 26406] ( Article 2 added by Stats. 2012, Ch. 700, Sec. 12. ) ## 26405. Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances: (a) By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person. (b) By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person. (c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. (d) If the person possessing the firearm reasonably believes that they are in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to the person’s life or safety. 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. Upon a trial for violating Section 26400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that they were in grave danger. (e) By a peace officer or an honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3. (f) By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3. (g) 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. (h) By a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization. (i) By a member of a 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 firearms that are not handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range. (j) By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition. (k) Incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law. (l) By a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions. (m) Within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6. (n) Within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9. (o) When in accordance with the provisions of Section 171b. (p) By a person while engaged in the act of making or attempting to make a lawful arrest. (q) By a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training. (r) By an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television, or video production or entertainment event, when the participant lawfully uses that firearm as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event. (s) Incident to obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 23910. (t) At an established public target range while the person is using that firearm upon that target range. (u) By a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer. (v) Incident to any of the following: (1) Complying with Section 27560 or 27565, as it pertains to that firearm. (2) Section 28000, as it pertains to that firearm. (3) Section 27850 or 31725, as it pertains to that firearm. (4) Complying with Section 27875, as it pertains to that firearm. (5) Complying with or utilizing Section 26556, 26892, 27920, 27925, 27966, 29810, or 29830, as it pertains to that firearm. (6) Complying with Section 6389 of the Family Code, as it pertains to that firearm. (7) Complying with Section 527.9 of the Code of Civil Procedure, as it pertains to that firearm. (8) Complying with Section 18120, as it pertains to that firearm. (w) Incident to, and in the course and scope of, training of, or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training. (x) Incident to, and in the course and scope of, training of, or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter. (y) Incident to and at the request of a sheriff, chief, or other head of a municipal police department. (z) If all of the following conditions are satisfied: (1) The open carrying occurs at an auction, raffle, or similar event of a nonprofit public benefit or mutual benefit corporation at which firearms are auctioned, raffled, or otherwise sold to fund the activities of that corporation or the local chapters of that corporation. (2) The unloaded firearm that is not a handgun is to be auctioned, raffled, or otherwise sold for that nonprofit public benefit or mutual benefit corporation. (3) The unloaded firearm that is not a handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive. (aa) Pursuant to paragraph (3) of subdivision (b) of Section 171c. (ab) Pursuant to Section 171d. (ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision (c) of Section 171.7. (ad) On publicly owned land, if the possession and use of an unloaded firearm that is not a handgun is specifically permitted by the managing agency of the land and the person carrying that firearm is in lawful possession of that firearm. (ae) By any of the following: (1) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit. (2) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit. (3) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit. (4) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit. (af) By a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training. (ag) Pursuant to the provisions of subdivision (d) of Section 171.5. (ah) By a person who is engaged in the business of manufacturing ammunition and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while the firearm is being used in the lawful course and scope of the licensee’s activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto. (ai) On the navigable waters of this state that are held in public trust, if the possession and use of an unloaded firearm that is not a handgun is not prohibited by the managing agency thereof and the person carrying the firearm is in lawful possession of the firearm. (aj) This section shall become operative on January 1, 2026. (Repealed (in Sec. 21) and added by Stats. 2024, Ch. 544, Sec. 22. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  98. 26406.

    ## 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 7. Carrying an Unloaded Firearm That is not a Handgun [26400 - 26406] ( Heading of Chapter 7 amended by Stats. 2017, Ch. 734, Sec. 1. ) ## ARTICLE 2. Exemptions [26405 - 26406] ( Article 2 added by Stats. 2012, Ch. 700, Sec. 12. )

    Verify source ↗

    Section 26400 does not apply to carrying an unloaded firearm that is not a handgun in three listed situations, including when a person finds the firearm and follows the stated notice and transport 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 7. Carrying an Unloaded Firearm That is not a Handgun [26400 - 26406] ( Heading of Chapter 7 amended by Stats. 2017, Ch. 734, Sec. 1. ) ## ARTICLE 2. Exemptions [26405 - 26406] ( Article 2 added by Stats. 2012, Ch. 700, Sec. 12. ) ## 26406. Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances: (a) By a person who finds that firearm, if the person is carrying the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 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) By a person who finds that 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) By a person who took the firearm from a person who was committing a crime against the person 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. 2021, Ch. 250, Sec. 6. (SB 715) Effective January 1, 2022.)
  99. 2641.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    This section creates a sexual-abuse-in-detention ombudsperson office and gives it inspection authority, requires confidential inmate letters to the ombudsperson, and requires the Inspector General to investigate mishandling reports.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2641. (a) The Office of the Sexual Abuse in Detention Elimination Ombudsperson is hereby created in state government to ensure the impartial resolution of inmate and ward sexual abuse complaints. The office shall be based within the Office of the Inspector General. The duties of this office may be contracted to outside nongovernmental experts. (b) The ombudsperson shall have the authority to inspect all of the Department of Corrections and Rehabilitation institutions and to interview all inmates and wards. (c) The Department of Corrections and Rehabilitation shall allow all inmates and wards to write confidential letters regarding sexual abuse to the ombudsperson. (d) Information about how to confidentially contact the ombudsperson shall be clearly posted in all of the Department of Corrections and Rehabilitation institutions. (e) The Office of the Inspector General shall investigate reports of the mishandling of incidents of sexual abuse, while maintaining the confidentiality of the victims of sexual abuse, if requested by the victim. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  100. 2642.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must develop guidelines for letting outside organizations and service agencies offer resources to inmates and wards.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2642. The Department of Corrections and Rehabilitation shall: Develop guidelines for allowing outside organizations and service agencies to offer resources to inmates and wards, including, but not limited to, the following: (1) Rape crisis agencies. (2) Hospitals. (3) Gay rights organizations. (4) HIV/AIDS service providers. (5) Civil rights organizations. (6) Human rights organizations. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  101. 2643.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    This section says the act is severable.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2643. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
  102. 2644.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. )

    Verify source ↗

    Male correctional officers are generally barred from pat-down searches of female inmates and from entering female undress areas, with narrow safety and medical exceptions.

    ## 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 3. Sexual Abuse in Detention [2635 - 2644] ( Article 3 added by Stats. 2005, Ch. 303, Sec. 3. ) ## 2644. (a) A male correctional officer shall not conduct a pat down search of a female inmate unless the prisoner presents a risk of immediate harm to herself or others or risk of escape and there is not a female correctional officer available to conduct the search. (b) A male correctional officer shall not enter into an area of the institution where female inmates may be in a state of undress, or be in an area where they can view female inmates in a state of undress, including, but not limited to, restrooms, shower areas, or medical treatment areas, unless an inmate in the area presents a risk of immediate harm to herself or others or if there is a medical emergency in the area. A male correctional officer shall not enter into an area prohibited under this subdivision if there is a female correctional officer who can resolve the situation in a safe and timely manner without his assistance. To prevent incidental viewing, staff of the opposite sex shall announce their presence when entering a housing unit. (c) If a male correctional officer conducts a pat down search under an exception provided in subdivision (a) or enters a prohibited area under an exception provided in subdivision (b), the circumstances for and details of the exception shall be documented within three days of the incident. The documentation shall be reviewed by the warden and retained by the institution for reporting purposes. (d) The department may promulgate regulations to implement this section. (Added by Stats. 2018, Ch. 174, Sec. 1. (AB 2550) Effective January 1, 2019.)
  103. 265.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who unlawfully forces someone to marry is subject to imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 265. (a) A person who compels another person, unlawfully, against their will, and by force, menace, or duress, to marry them or to marry another person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (b) This section shall be applied equally regardless of the age of the victim of a forced marriage at the time of the forced marriage. (Amended by Stats. 2025, Ch. 633, Sec. 3. (AB 1134) Effective January 1, 2026.)
  104. 2650.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A prisoner sentenced to state prison or under subdivision (h) of Section 1170 is protected by law, and unlawful injury to that person is punishable.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2650. The person of a prisoner sentenced to imprisonment in the state prison or to imprisonment pursuant to subdivision (h) of Section 1170 is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he were not convicted or sentenced. (Amended by Stats. 2011, Ch. 15, Sec. 463. (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.)
  105. 26500.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person may not sell, lease, or transfer firearms unless licensed under the referenced chapters.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26500. (a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2. (b) Any person violating this article is guilty of a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  106. 26505.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says the license rule in Section 26500 does not apply to certain firearm sales, leases, or transfers.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26505. Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following: (a) A person acting pursuant to operation of law. (b) A person acting pursuant to a court order. (c) A person acting pursuant to the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). (d) A person who liquidates a personal firearm collection to satisfy a court judgment. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  107. 2651.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Punishment of prisoners may be inflicted only if the Director of Corrections authorizes it, and then only under the wardens’ order and direction.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2651. No punishment, except as may be authorized by the Director of Corrections, shall be inflicted and then only by the order and under the direction of the wardens. Nothing in this section shall be construed as a limitation or impairment of the authority of the Board of Prison Terms in exercising its functions. (Amended by Stats. 1979, Ch. 255.)
  108. 26510.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to a person acting under specified provisions.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26510. Section 26500 does not apply to a person acting pursuant to subdivision (f) of Section 186.22a or Section 18000 or 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  109. 26515.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, leases, or transfers if the person acquired title by specified inheritance or succession methods and disposes of the firearm 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 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26515. Section 26500 does not apply to the sale, lease, or transfer of a firearm if both of the following conditions are satisfied: (a) The sale, lease, or transfer is made by a person who obtains title to the firearm by any of the following means: (1) Intestate succession or bequest. (2) As the beneficiary of a trust that includes a firearm. (3) As a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code. (4) As decedent’s successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code. (b) The person disposes of the firearm within 60 days of receipt of the firearm. (Amended by Stats. 2019, Ch. 738, Sec. 10. (SB 376) Effective January 1, 2020.)
  110. 2652.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    It is unlawful to use cruel, corporal, or unusual punishment in prisons, or to inflict or allow treatment or neglect that harms a confined person’s health.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2652. It shall be unlawful to use in the prisons, any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate or person confined; and punishment by the use of the strait-jacket, gag, thumb-screw, shower-bath or the tricing up of prisoners, inmates or persons confined is hereby prohibited. Any person who violates the provisions of this section or who aids, abets, or attempts in any way to contribute to the violation of this section shall be guilty of a misdemeanor. (Added by Stats. 1941, Ch. 106.)
  111. 2652.5.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain correctional and jail employees must not place a chain or other mechanical restraint around a prisoner’s neck, and violating this section is a misdemeanor.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2652.5. No person employed by the Department of Corrections, the Department of the Youth Authority, or any city or county jail facility shall place any chain or other mechanical restraint around the neck of any prisoner for any purpose. Any violation of this section shall be a misdemeanor. (Added by Stats. 1976, Ch. 1047.)
  112. 26520.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to infrequent firearm sales, leases, or transfers.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26520. (a) Section 26500 does not apply to the infrequent sale, lease, or transfer of firearms. (b) As used in this section, “infrequent” has the meaning provided in Section 16730. (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. 26525.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A non-licensee or non-dealer may sell, lease, or transfer certain used firearms other than handguns at gun shows or events only if specified licensing and compliance conditions are met, and only within annual and event 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26525. (a) Section 26500 does not apply to the sale, lease, or transfer of used firearms, other than handguns, at gun shows or events, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2, by a person other than a licensee or dealer, provided the person has a valid federal firearms license and a current certificate of eligibility issued by the Department of Justice, as specified in Section 26710, and provided all the sales, leases, or transfers fully comply with Section 27545. However, the person shall not engage in the sale, lease, or transfer of used firearms other than handguns at more than 12 gun shows or events in any calendar year and shall not sell, lease, or transfer more than 15 used firearms other than handguns at any single gun show or event. In no event shall the person sell more than 75 used firearms other than handguns in any calendar year. (b) The Department of Justice shall adopt regulations to administer this program and shall recover the full costs of administration from fees assessed applicants. (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. 2653.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A prison employee may not change or cancel a certified medical treatment order without the required approval, except for specified security situations; nurses may question unsafe physician orders, and violations can lead to disciplinary action.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2653. (a) If a physician employed by the Department of Corrections or the Department of the Youth Authority certifies in writing that a particular medical treatment is required to prevent a violation of Section 147, 673, 2650, or 2652, or is required to prevent serious and imminent harm to the health of a prisoner, the order for that particular medical treatment may not be modified or canceled by any employee of the department without the approval of the chief medical officer of the institution or the physician in attendance unless an inmate or ward has a known history of violent or otherwise disruptive behavior that requires additional measures to protect the safety and security of the institution specified in writing by the warden or superintendent, or unless immediate security needs require alternate or modified procedures. Following any necessary modified or alternate security procedures, treatment of the inmate or ward shall be effected as expeditiously as possible. Nothing in this section shall be construed to prevent a registered nurse from questioning, or seeking clarification of, an order from a physician that in the professional judgment of that nurse endangers patient health or safety, or otherwise is contrary to the professional ethics of the registered nurse. (b) Any person who violates this section shall be subject to appropriate disciplinary action by the department. (Added by Stats. 1992, Ch. 602, Sec. 1. Effective January 1, 1993.)
  115. 26530.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers involving licensed importers and manufacturers.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26530. Section 26500 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (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. 26535.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers if both listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26535. Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies both of the following conditions: (a) It is made by an importer or manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a dealer or wholesaler. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  117. 26537.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers that meet the listed licensing and recipient 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26537. (a) Section 26500 does not apply to the sale, delivery, or transfer of firearms that satisfies both of the following conditions: (1) The sale, delivery, or transfer is made by a manufacturer of ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (2) The sale, delivery, or transfer is made to a dealer or wholesaler. (b) Section 26500 does not apply to the sale, delivery, or transfer of firearms between or to manufacturers of ammunition licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, where those firearms are to be used in the course and scope of the licensee’s activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2021, Ch. 250, Sec. 7. (SB 715) Effective January 1, 2022.)
  118. 26540.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26540 states that Section 26500 does not apply to certain firearm sales, deliveries, transfers, or returns, including specified transactions and transfers to dealers for compliance with listed laws.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26540. (a) Section 26500 does not apply to sales, deliveries, transfers, or returns of firearms made pursuant to any of the following: (1) Sections 18000 and 18005. (2) Division 4 (commencing with Section 18250) of Title 2. (3) Section 29810. (4) Chapter 2 (commencing with Section 33850) of Division 11. (5) Sections 34005 and 34010. (b) Section 26500 does not apply to the sale, delivery, or transfer of a firearm to a dealer to comply with Section 6389 of the Family Code. (c) Section 26500 does not apply to the sale, delivery, or transfer of a firearm to a dealer to comply with Section 527.9 of the Code of Civil Procedure. (d) Section 26500 does not apply to the sale, delivery, or transfer of a firearm to a dealer to comply with Section 18120. (e) This section shall become operative on January 1, 2026. (Repealed (in Sec. 23) and added by Stats. 2024, Ch. 544, Sec. 24. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  119. 26545.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm loans for target shooting when specific location and storage 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26545. Section 26500 does not apply to the loan of a firearm for the purposes of shooting at targets, if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises 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.)
  120. 26550.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers that meet specified licensing and compliance 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26550. Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following requirements: (a) It is made by a manufacturer, importer, or wholesaler licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  121. 26555.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers that meet specified out-of-state licensing, buyer, and federal-law 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26555. Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following requirements: (a) It is made by a person who resides outside this state and is licensed outside this state pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a manufacturer, importer, or wholesaler. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (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. 26556.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers if the seller has stopped operating as a dealer and the transaction meets the listed 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26556. Section 26500 does not apply to the sale, delivery, or transfer of a firearm that satisfies all of the following requirements: (a) It is made by a person who has ceased operations as a dealer. (b) It is made to a dealer, a manufacturer, importer, or wholesaler. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (d) The transaction is reported to the Department of Justice in a manner and format prescribed by the department. (Added by Stats. 2019, Ch. 738, Sec. 12. (SB 376) Effective January 1, 2020.)
  123. 2656.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    In certain county, city, or state correctional settings, prisoners generally cannot be deprived of prescribed orthopedic or prosthetic appliances, but staff may remove an appliance for immediate safety or security reasons and must follow specified review and return procedures.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2656. (a) A person sentenced to incarceration or who is being held pursuant to a pending criminal matter in a county or city jail, or other county or city custodial correctional facility shall not be deprived of the possession or use of any orthopedic or prosthetic appliance, if such appliance has been prescribed or recommended and fitted by a physician. (b) If, however, the person in charge of the county or city custodial or correctional facility has probable cause to believe possession of such orthopedic or prosthetic appliance constitutes an immediate risk of bodily harm to any person in the facility or threatens the security of the facility, such appliance may be removed. If such appliance is removed, the prisoner shall be deprived of such appliance only during such time as the facts which constitute probable cause for its removal continue to exist; if such facts cease to exist, then the person in charge of the facility shall return such appliance to the prisoner. When such appliance is removed, the prisoner shall be examined by a physician within 24 hours after such removal. If the examining physician determines that removal is or will be injurious to the health or safety of the prisoner, he shall so inform the prisoner and the person in charge of the facility. Upon receipt of the physician’s opinion, the person in charge of the facility shall either return the appliance to the prisoner or refuse to return such appliance to the prisoner, informing the physician and the prisoner of the reasons for such refusal and promptly providing the prisoner with a form, as specified in subdivision (c) of this section, by which the prisoner may petition the superior court of the county in which the facility is located for return of the appliance. Upon petition by the prisoner, the court shall either order the appliance returned to the petitioner or within two judicial days after the petition is filed receive evidence relevant to the granting or denial of the petition. When evidence is received, the court shall consider the opinion of the physician who examined the prisoner and the opinion of the person in charge of the facility and all other evidence it deems relevant. A decision shall be promptly made and shall be based upon a weighing of the risk of immediate harm to persons within the facility and the threat to the security of the facility created by the appliance’s presence in the facility as against the risk to the health and safety of the petitioner by its removal. (c) The form for a request for return of an orthopedic or prosthetic appliance as required in subdivision (b) of this section shall be substantially as follows: (Name of the facility) ____ day of ____ 19__ I, ____ (person in charge of the facility), have today received a request for the return of an orthopedic or prosthetic appliance, namely, ____ (description of appliance or device) from the undersigned prisoner. _____ Signature or mark of prisoner making request for return of appliance or device When the prisoner has signed or made his mark upon such form, the person in charge of the facility shall promptly file the completed form with the superior court. (d) No person incarcerated in any facility of the Department of Corrections shall be deprived of the use or possession of any orthopedic or prosthetic appliance unless both the inmate’s personal physician and a department physician concur in the professional opinion that such appliance is no longer needed. (Added by Stats. 1974, Ch. 1352.)
  124. 26560.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26560 exempts a wholesaler’s sale, delivery, or transfer of firearms to a dealer from Section 26500.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26560. Section 26500 does not apply to any sale, delivery, or transfer of firearms by a wholesaler to a dealer. (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. 26565.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500’s license requirement does not apply to certain firearm sales, deliveries, or transfers made by an out-of-state resident to a licensed person, if federal law and related regulations are followed.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26565. Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following conditions: (a) It is made by a person who resides outside this state. (b) It is made to a person licensed pursuant to Sections 26700 to 26915, inclusive. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  126. 2657.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person confined in a state prison cannot be disciplined for an act or omission after being acquitted of criminal charges based on that same act or omission.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Mistreatment of Prisoners [2650 - 2657] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 2657. (a) No person confined in a state prison, as defined in Section 4504, shall be subject to any institutional disciplinary action subsequent to an acquittal in a court of law upon criminal charges brought and tried for the act or omission which is the sole basis of the institutional disciplinary action. (b) Where the act or omission resulting in acquittal is in any way referred to in any Department of Corrections file pertaining to the prisoner, the fact of acquittal by a court of law shall be clearly inscribed near each such reference. (Added by Stats. 1975, Ch. 726.)
  127. 26570.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers that meet specified 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26570. Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following conditions: (a) It is made by a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a dealer. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  128. 26575.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to an unloaded firearm transfer from one wholesaler to another when the firearm is intended as merchandise in the receiving wholesaler’s 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26575. Section 26500 does not apply to the sale, delivery, or transfer of an unloaded firearm by one wholesaler to another wholesaler if that firearm is intended as merchandise in the receiving wholesaler’s 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.)
  129. 26576.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers to government representatives when specific conditions are met; some acquired firearms must be disposed of under other sections, and some may instead be donated to listed nonprofit or museum collections if deactivated 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26576. (a) Section 26500 does not apply to a sale, delivery, or transfer of firearms if both of the following requirements are satisfied: (1) The sale, delivery, or transfer is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and is for the governmental entity. (2) The entity is acquiring the firearm as part of an authorized, voluntary program in which the entity is buying or receiving firearms from private individuals. (b) Any weapons acquired pursuant to subdivision (a) of this section shall be disposed of pursuant to the applicable provisions of Section 34000 or Sections 18000 and 18005. (c) (1) Notwithstanding subdivision (b), a firearm acquired pursuant to subdivision (a) may, in lieu of destruction, be donated to a public or private nonprofit historical society, museum, or institutional collection, subject to the provisions of Section 27855, including that the firearm be deactivated or rendered inoperable before delivery. (2) For purposes of this and other sections in this title, “deactivated or rendered inoperable” means to render the firearm permanently inoperable by means including, without limitation, welding of the chamber, cutting of the barrel, chamber, or breech, plugging the barrel, or welding the bolt to the chamber. (Amended by Stats. 2024, Ch. 537, Sec. 2. (AB 2842) Effective January 1, 2025.)
  130. 26577.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm deliveries or transfers made to a dealer for storage.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26577. Section 26500 does not apply to a delivery or transfer of firearms made to a dealer pursuant to Section 26892 or 29830 for storage by that dealer. (Amended by Stats. 2023, Ch. 251, Sec. 6. (SB 368) Effective January 1, 2024.)
  131. 26580.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm loans used only as props for film, TV, video, entertainment, or theatrical productions.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26580. Section 26500 does not apply to the loan of an unloaded firearm or the loan of a firearm loaded with blank cartridges for use solely as a prop for a motion picture, television, or video production or entertainment or theatrical 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.)
  132. 26581.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain unloaded, non-handgun firearms transferred to a dealer when the transfer is made by a qualifying nonprofit and is part of an auction, raffle, or similar event.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26581. Section 26500 does not apply to the delivery, sale, or transfer of an unloaded firearm that is not a handgun to a dealer if the delivery, sale, or transfer satisfies both of the following conditions: (a) The delivery, sale, or transfer is made by a nonprofit public benefit or mutual benefit corporation, including a local chapter of the same nonprofit corporation, organized pursuant to the Corporations Code. (b) The sale or other transfer of ownership of that firearm is to occur as part of an auction, raffle, or similar event conducted by that nonprofit public benefit or mutual benefit corporation organized pursuant to the Corporations Code. (Added by Stats. 2019, Ch. 738, Sec. 15. (SB 376) Effective January 1, 2020.)
  133. 26582.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to a firearm delivery or transfer to a law enforcement agency when the transfer is made in accordance with Section 27922.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26582. Section 26500 does not apply to delivery or transfer of a firearm to a law enforcement agency made in accordance with Section 27922. (Added by Stats. 2019, Ch. 110, Sec. 6. (AB 1292) Effective January 1, 2020.)
  134. 26585.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26585 exempts certain unloaded curio-or-relic firearm deliveries from Section 26500 if specific 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26585. Section 26500 does not apply to the delivery of an unloaded firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, if the delivery satisfies all of the following conditions: (a) It is made by a person licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made by a person with a current certificate of eligibility issued pursuant to Section 26710. (c) It is made to a dealer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  135. 26587.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to a firearm loaned to a gunsmith for service or repair, or to the gunsmith’s return of the 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26587. Section 26500 does not apply to either of the following: (a) A loan of a firearm to a gunsmith for service or repair. (b) The return of the firearm by the gunsmith. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  136. 26588.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, transfers, or returns when the person has the required permit and follows its terms.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26588. Section 26500 does not apply to any of the following: (a) The sale, delivery, transfer, or return of a firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit. (b) The sale, delivery, transfer, or return of a firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit. (c) The sale, delivery, transfer, or return of a firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit. (d) The sale, delivery, transfer, or return of a firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of 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.)
  137. 26589.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to a trustee’s delivery or transfer of a firearm to a dealer if two trust-related 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26589. Section 26500 does not apply to the delivery or transfer of a firearm to a dealer by the trustee of a trust if the delivery or transfer satisfies both of the following conditions: (a) The trust is not of the type described in either subdivision (k) or (p) of Section 16990. (b) The trustee is acting within the course and scope of their duties as the trustee of that trust. (Added by Stats. 2019, Ch. 110, Sec. 7. (AB 1292) Effective January 1, 2020.)
  138. 26590.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm deliveries, transfers, or returns made by a court or law enforcement 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500 - 26590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26590. Section 26500 does not apply to deliveries, transfers, or returns of firearms made by a court or a law enforcement agency pursuant to Chapter 2 (commencing with Section 33850) of Division 11. (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. 266.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section punishes anyone who lures, helps lure, or fraudulently procures a person under 18 for prostitution or illicit sexual conduct.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266. A person who inveigles or entices a person under 18 years of age into a house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with another person, and a person who aids or assists in that inveiglement or enticement, and a person who, by any false pretenses, false representation, or other fraudulent means, procures a person to have illicit carnal connection with another person, is punishable by imprisonment in the state prison, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (Amended by Stats. 2019, Ch. 615, Sec. 1. (AB 662) Effective January 1, 2020.)
  140. 26600.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers to authorized law enforcement representatives if proper written authorization is presented 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26600. (a) Section 26500 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. (b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 4. (AB 809) Effective January 1, 2012.)
  141. 26605.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm loans made by authorized law enforcement representatives to qualified peace 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26605. Section 26500 does not apply to the loan of a firearm if all of the following conditions are satisfied: (a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government. (b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm. (c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’s 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.)
  142. 26610.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm transfers by a law enforcement agency to a peace officer, and the transferring agency must record required firearm details in AFS within 10 days.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26610. (a) Section 26500 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 5. (AB 809) Effective January 1, 2012.)
  143. 26613.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to a law enforcement agency’s delivery of a firearm to a dealer for transfer to the spouse or domestic partner of a peace officer who died in the line of duty, if the sale follows Public Contract Code Section 10334(d).

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26613. Section 26500 does not apply to the delivery of a firearm by a law enforcement agency to a dealer in order for that dealer to deliver the firearm to the spouse or domestic partner of a peace officer who died in the line of duty if the sale of that firearm to the spouse or domestic partner is made in accordance with subdivision (d) of Section 10334 of the Public Contract Code. (Added by Stats. 2013, Ch. 16, Sec. 1. (AB 685) Effective January 1, 2014.)
  144. 26615.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A law enforcement agency may transfer a firearm to a retiring peace officer in these circumstances, and the agency must record the transfer details in AFS within 10 days.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26615. (a) Section 26500 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 6. (AB 809) Effective January 1, 2012.)
  145. 26620.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm sales, deliveries, or transfers made by authorized law enforcement representatives, if the transfer is to specified licensees or dealers and other listed procedures do not apply.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26620. Section 26500 does not apply to the sale, delivery, or transfer of a firearm when made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, if all of the following requirements are met: (a) The sale, delivery, or transfer is made to one of the following: (1) A person licensed pursuant to Sections 26700 to 26915, inclusive. (2) A wholesaler. (3) A manufacturer or importer of firearms or ammunition licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) The sale, delivery, or transfer of the firearm is not subject to the procedures set forth in Section 18000, 18005, 34000, or 34005. (c) If the authorized law enforcement representative sells, delivers, or transfers a firearm that the governmental agency owns to a person licensed pursuant to Sections 26700 to 26915, inclusive, within 10 days of the date that the firearm is delivered to that licensee pursuant to this section by that agency, the agency has entered a record of the delivery into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS). Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Added by Stats. 2013, Ch. 738, Sec. 3. (AB 538) Effective January 1, 2014.)
  146. 26625.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 26500 does not apply to certain firearm loans made to people enrolled in specified basic training courses.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. License Requirement for Sale, Lease, or Transfer of Firearms [26500 - 26625] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating to Law Enforcement [26600 - 26625] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26625. Section 26500 does not apply to the loan of a firearm if the loan of the firearm is to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. (Added by Stats. 2017, Ch. 783, Sec. 1. (AB 693) Effective October 14, 2017.)
  147. 266a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who takes someone in this state without consent, or by fraud or misrepresentation, for prostitution is punishable by prison and a fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266a. Each person who, within this state, takes any person against his or her will and without his or her consent, or with his or her consent procured by fraudulent inducement or misrepresentation, for the purpose of prostitution, as defined in subdivision (b) of Section 647, is punishable by imprisonment in the state prison, and a fine not exceeding ten thousand dollars ($10,000). (Amended by Stats. 2014, Ch. 109, Sec. 1. (AB 2424) Effective January 1, 2015.)
  148. 266b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who unlawfully takes another person, against their will and by force, menace, or duress, and compels them to live in an illicit relation, is punishable by imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266b. Every person who takes any other person unlawfully, and against his or her will, and by force, menace, or duress, compels him or her to live with such person in an illicit relation, against his or her consent, or to so live with any other person, is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 304. (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.)
  149. 266c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who induces another person to engage in certain sexual acts by false or fraudulent fear-based misrepresentation is punishable by jail or prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266c. Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person’s free will, and does cause the victim to so act, is punishable by imprisonment in a county jail for not more than one year or in the state prison for two, three, or four years. As used in this section, “fear” means the fear of physical injury or death to the person or to any relative of the person or member of the person’s family. (Amended by Stats. 2000, Ch. 287, Sec. 4. Effective January 1, 2001.)
  150. 266d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person commits a felony by taking money or something of value for placing someone in custody so that person can be made to live with someone they are not married to.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266d. Any person who receives any money or other valuable thing for or on account of placing in custody any other person for the purpose of causing the other person to cohabit with any person to whom the other person is not married, is guilty of a felony. (Amended by Stats. 1975, Ch. 996.)
  151. 266e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person must not pay or buy anything of value for someone else to use for prostitution or to place them somewhere against their will for immoral purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266e. Every person who purchases, or pays any money or other valuable thing for, any person for the purpose of prostitution as defined in subdivision (b) of Section 647, or for the purpose of placing such person, for immoral purposes, in any house or place against his or her will, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 304.5. (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.)
  152. 266f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person commits a felony if they sell someone or take money or other valuable thing for placing a person in custody for immoral purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266f. Every person who sells any person or receives any money or other valuable thing for or on account of his or her placing in custody, for immoral purposes, any person, whether with or without his or her consent, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 304.7. (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.)
  153. 266g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A man who places, leaves, or allows his wife to remain in a house of prostitution commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266g. Every man who, by force, intimidation, threats, persuasion, promises, or any other means, places or leaves, or procures any other person or persons to place or leave, his wife in a house of prostitution, or connives at or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years; and in all prosecutions under this section a wife is a competent witness against her husband. (Amended by Stats. 2011, Ch. 15, Sec. 305. (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.)
  154. 266h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who knowingly lives off, derives support from, or gets paid for soliciting a prostitute commits pimping; if the person is a minor, the offense is pimping a minor and carries prison terms that vary by the minor’s age.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266h. (a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years. (b) Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows: (1) If the person engaged in prostitution is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years. (Amended by Stats. 2010, Ch. 709, Sec. 8. (SB 1062) Effective January 1, 2011.)
  155. 266i

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section makes pandering a felony and sets prison terms for adults and for offenses involving minors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266i. (a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years: (1) Procures another person for the purpose of prostitution. (2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute. (3) Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state. (4) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate. (5) By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution. (6) Receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution. (b) Any person who does any of the acts described in subdivision (a) with another person who is a minor is guilty of pandering, a felony, and shall be punishable as follows: (1) If the other person is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years. (Amended by Stats. 2010, Ch. 709, Sec. 9. (SB 1062) Effective January 1, 2011.)
  156. 266j

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who intentionally provides, offers, or persuades involving a child under 16 for a lewd or lascivious act commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266j. Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of 16 for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of 16 to engage in such an act with another person, is guilty of a felony and shall be imprisoned in the state prison for a term of three, six, or eight years, and by a fine not to exceed fifteen thousand dollars ($15,000). (Amended by Stats. 1987, Ch. 1068, Sec. 1.)
  157. 266k

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    The court may add an extra fine for convictions under specified sex-crime sections, up to $5,000 or $25,000 depending on the offense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 266k. (a) Upon the conviction of any person for a violation of Section 266h or 266i, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed five thousand dollars ($5,000). 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 and the circumstances of its commission, whether the defendant derived any economic gain as the result of the crime, and the extent to which the victim suffered losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837. (b) Upon the conviction of any person for a violation of Section 266j or 267, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed twenty-five thousand dollars ($25,000). (c) Fifty percent of the fines collected pursuant to subdivision (b) and deposited in the Victim-Witness Assistance Fund pursuant to subdivision (a) shall be granted to community-based organizations that serve minor victims of human trafficking. (d) If the court orders a fine to be imposed pursuant to this section, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county. (Amended by Stats. 2014, Ch. 714, Sec. 1. (SB 1388) Effective January 1, 2015.)
  158. 267.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. )

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    A person must not take a minor from a parent, guardian, or legal custodian without consent for prostitution; the offense carries prison time and a fine up to $2,000.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269] ( Chapter 1 enacted 1872. ) ## 267. Every person who takes away any other person under the age of 18 years from the father, mother, guardian, or other person having the legal charge of the other person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison, and a fine not exceeding two thousand dollars ($2,000). (Amended by Stats. 1983, Ch. 1092, Sec. 258. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  159. 2670.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    The provision gives all persons a fundamental right against enforced interference with thought and mental states through organic therapies, and it bars forcing a competent person who refuses such therapy to undergo it.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2670. It is hereby recognized and declared that all persons, including all persons involuntarily confined, have a fundamental right against enforced interference with their thought processes, states of mind, and patterns of mentation through the use of organic therapies; that this fundamental right requires that no person with the capacity for informed consent who refuses organic therapy shall be compelled to undergo such therapy; and that in order to justify the use of organic therapy upon a person who lacks the capacity for informed consent, other than psychosurgery as referred to in subdivision (c) of Section 2670.5 which is not to be administered to such persons, the state shall establish that the organic therapy would be beneficial to the person, that there is a compelling interest in administering such therapy, and that there are no less onerous alternatives to such therapy. (Added by Stats. 1974, Ch. 1513.)
  160. 2670.5.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    People confined or detained under the stated prison titles may not receive organic therapy without informed consent, and inmates lacking capacity may not receive psychosurgery. The warden must get a superior court order for certain treatment, and a person may withdraw consent at any time.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2670.5. (a) No person confined or detained under Title 1 (commencing with Section 2000) and Title 2 (commencing with Section 3200) shall be administered or subjected to any organic therapy as defined in subdivision (c) without his or her informed consent, provided that: (1) If the person gives his or her informed consent to organic therapy, it shall be administered only if there has been compliance with Sections 2675 to 2680, inclusive. (2) If the person lacks the capacity for informed consent to organic therapy other than psychosurgery as referred to in subdivision (c), in order to proceed with the therapy, the warden shall secure an order from the superior court to authorize the administration of the therapy in accordance with Sections 2675 to 2680, inclusive. (b) No person confined or detained under Title 1 (commencing with Section 2000) or Title 2 (commencing with Section 3200) who lacks the capacity for informed consent shall be administered or subjected to psychosurgery as referred to in subdivision (c). (c) The term organic therapy refers to: (1) Psychosurgery, including lobotomy, stereotactic surgery, electronic, chemical or other destruction of brain tissues, or implantation of electrodes into brain tissue. (2) Shock therapy, including, but not limited to, any convulsive therapy and insulin shock treatments. (3) The use of any drugs, electric shocks, electronic stimulation of the brain, or infliction of physical pain when used as an aversive or reinforcing stimulus in a program of aversive, classical, or operant conditioning. (d) A person does not waive his or her right to refuse any organic therapy by having previously given his or her informed consent to the therapy, and the person may withdraw his or her consent at any time. If required by sound medical-psychiatric practice, the attending physician shall, after the person withdraws his or her previously given informed consent, gradually phase the person out of the therapy if sudden cessation would create a serious risk of mental or physical harm to the person. (e) Nothing in this article shall be construed to prevent the attending physician from administering nonorganic therapies such as psychotherapy, psychoanalysis, group therapy, milieu therapy, or other therapies or programs involving communication or interaction among physicians, patients, and others, with or without the use of drugs when used for purposes other than described in paragraph (3) of subdivision (c). (f) Nothing in this article shall be construed to prevent the administration of drugs not connected with a program of conditioning and intended to cause negative physical reactions to ingestion of alcohol or drugs. (Amended by Stats. 1989, Ch. 1420, Sec. 8.)
  161. 26700.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines who counts as a dealer, licensee, or licensed person for this division.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26700. As used in this division, and in any other provision listed in Section 16580, “dealer,” “licensee,” or “person licensed pursuant to Sections 26700 to 26915, inclusive” means a person who satisfies all of the following requirements: (a) Has a valid federal firearms license. (b) Has any regulatory or business license, or licenses, required by local government. (c) Has a valid seller’s permit issued by the California Department of Tax and Fee Administration pursuant to Section 6067 of the Revenue and Taxation Code and, commencing July 1, 2024, has a valid certificate of registration issued pursuant to Section 36036 of the Revenue and Taxation Code. (d) Has a certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (e) Has a license issued in the format prescribed by subdivision (c) of Section 26705. (f) Is among those recorded in the centralized list specified in Section 26715. (Amended by Stats. 2023, Ch. 231, Sec. 3. (AB 28) Effective January 1, 2024.)
  162. 26705.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Local licensing authorities must accept retail firearms license applications, may grant licenses, and must explain denials in writing.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26705. (a) The duly constituted licensing authority of a city, county, or a city and county shall accept applications for, and may grant licenses permitting, licensees to sell firearms at retail within the city, county, or city and county. The duly constituted licensing authority shall inform applicants who are denied licenses of the reasons for the denial in writing. (b) No license shall be granted to any applicant who fails to provide a copy of each of the following documents: (1) A valid federal firearms license. (2) A valid seller’s permit issued by the California Department of Tax and Fee Administration pursuant to Section 6067 of the Revenue and Taxation Code and, commencing July 1, 2024, a valid certificate of registration issued pursuant to Section 36036 of the Revenue and Taxation Code. (3) A certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (c) A license granted by the duly constituted licensing authority of any city, county, or city and county, shall be valid for not more than one year from the date of issuance and shall be in one of the following forms: (1) In the form prescribed by the Attorney General. (2) A regulatory or business license that states on its face “Valid for Retail Sales of Firearms” and is endorsed by the signature of the issuing authority. (3) A letter from the duly constituted licensing authority having primary jurisdiction for the applicant’s intended business location stating that the jurisdiction does not require any form of regulatory or business license or does not otherwise restrict or regulate the sale of firearms. (d) Local licensing authorities may assess fees to recover their full costs of processing applications for licenses. (Amended by Stats. 2023, Ch. 231, Sec. 4. (AB 28) Effective January 1, 2024.)
  163. 2671.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    An attending physician may use or authorize shock treatment for a confined person in an emergency, and may also administer shock therapy with the person’s informed consent, subject to time limits.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2671. (a) Notwithstanding Section 2670.5, if a confined person has inflicted or attempted to inflict substantial physical harm upon the person of another or himself, or presents, as a result of mental disorder, an imminent threat of substantial harm to others or himself, the attending physician may in such emergency employ or authorize for no longer than seven days in any three-month period the immediate use of shock treatments in order to alleviate such danger. (b) Notwithstanding Section 2670.5, if a confined person gives his informed consent to a program of shock therapy for a period not to exceed three months, the attending physician may administer such therapy for a period not to exceed three months in any one-year period without prior judicial authorization. (Added by Stats. 1974, Ch. 1513.)
  164. 26710.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person may request a certificate of eligibility from the Department of Justice, and the department must check records and issue the certificate if the applicant is not legally barred from possessing firearms.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26710. (a) A person may request a certificate of eligibility from the Department of Justice. (b) The Department of Justice shall examine its records and records available to the department in the National Instant Criminal Background Check System in order to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (c) The department shall issue a certificate to an applicant if the department’s records indicate that the applicant is not a person who is prohibited by state or federal law from possessing firearms. (d) The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  165. 26715.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must maintain a centralized list of licensed firearms dealers, remove certain persons from it, and limit disclosure of list information to specific purposes.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26715. (a) Except as otherwise provided in paragraphs (1) and (3) of subdivision (b), the Department of Justice shall keep a centralized list of all persons licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700. (b) (1) The department may remove from this list any person who knowingly or with gross negligence violates a provision listed in Section 16575. (2) The department shall remove from the centralized list any person whose federal firearms license has expired or has been revoked. (3) The department shall remove from the centralized list any person or entity who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806. (4) Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealer’s business is located. (c) Information compiled from the list shall be made available, upon request, for the following purposes only: (1) For law enforcement purposes. (2) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments. (3) When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Article 1 (commencing with Section 27200) of Chapter 3, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subdivision (b) of Section 26805. (d) Information provided pursuant to subdivision (c) shall be limited to information necessary to corroborate an individual’s current license status as being one of the following: (1) A person licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700. (2) A person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and who is not subject to the requirement of being licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700. (Amended by Stats. 2022, Ch. 995, Sec. 1. (SB 1384) Effective January 1, 2023.)
  166. 2672.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

    Verify source ↗

    This section defines informed consent for organic therapy and states when a confined person is or is not considered incapable of giving it.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2672. (a) For purposes of this article, “informed consent” means that a person must knowingly and intelligently, without duress or coercion, and clearly and explicitly manifest his consent to the proposed organic therapy to the attending physician. (b) A person confined shall not be deemed incapable of informed consent solely by virtue of being diagnosed with a mental health disorder. (c) A person confined shall be deemed incapable of informed consent if the person cannot understand, or knowingly and intelligently act upon, the information specified in Section 2673. (d) A person confined shall be deemed incapable of informed consent if, for any reason, he or she cannot manifest his or her consent to the attending physician. (Amended by Stats. 2014, Ch. 144, Sec. 47. (AB 1847) Effective January 1, 2015.)
  167. 26720.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice may inspect firearm dealers, must inspect all dealers at least every three years starting January 1, 2024 (except one specified category), and may charge an annual fee up to $115.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with the requirements of this title, including any regulations promulgated to implement this title, Sections 21628.2, 21636, and 21640 of the Business and Professions Code, and any other applicable state law. (1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with the requirements of this title, including any regulations promulgated to implement this title, Sections 21628.2, 21636, and 21640 of the Business and Professions Code, and any other applicable state law. (2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type. (b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections. (c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the department’s fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with the requirements of this title, including any regulations promulgated to implement this title, Sections 21628.2, 21636, and 21640 of the Business and Professions Code, and any other applicable state law. (Amended by Stats. 2023, Ch. 245, Sec. 1. (AB 1420) Effective January 1, 2024.)
  168. 26725.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must keep certain firearms-related information and provide it on 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail [26700 - 26725] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26725. The Department of Justice shall maintain and make available upon request information concerning all of the following: (a) The number of inspections conducted and the amount of fees collected pursuant to Section 26720. (b) A listing of exempted jurisdictions, as defined in Section 26720. (c) The number of dealers removed from the centralized list defined in Section 26715. (d) The number of dealers found to have violated a provision listed in Section 16575 and any other applicable state law with knowledge or gross negligence. (Amended by Stats. 2023, Ch. 245, Sec. 2. (AB 1420) Effective January 1, 2024.)
  169. 2673.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    The attending physician must directly communicate with the person and clearly explain specific information before the person decides about organic therapy.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2673. (a) For purposes of this article, “informed consent” requires that the attending physician directly communicate with the person and clearly and explicitly provide all the following information prior to the person’s decision: (1) The nature and seriousness of the person’s illness, disorder or defect. (2) The nature of the proposed organic therapy and its intended duration. (3) The likelihood of improvement or deterioration, temporary or permanent, without the administration of the proposed organic therapy. (4) The likelihood and degree of improvement, remission, control, or cure resulting from the administration of such organic therapy, and the likelihood, nature, and extent of changes in and intrusions upon the person’s personality and patterns of behavior and thought or mentation and the degree to which these changes may be irreversible. This information shall indicate the probable duration and intensity of such therapy and whether such therapy may have to be continued indefinitely for optimum therapeutic benefit. (5) The likelihood, nature, extent, and duration of side effects of the proposed organic therapy, and how and to what extent they may be controlled, if at all. (6) The uncertainty of the benefits and hazards of the proposed organic therapy because of the lack of sufficient data available to the medical profession, or any other reason for such uncertainty. (7) The reasonable alternative organic therapy or psychotherapeutic modality of therapy, or nonorganic behavior modification programs, and why the organic therapy recommended is the therapy of choice. These alternatives shall be described and explained to the person in the manner specified in this section. (8) Whether the proposed therapy is generally regarded as sound by the medical profession, or is considered experimental. (Added by Stats. 1974, Ch. 1513.)
  170. 2674.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    The attending physician must get a written informed consent in every case and keep it available to the person and certain representatives.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2674. A written manifestation of informed consent shall be obtained in all cases by the attending physician and shall be preserved and available to the person, his attorney, his guardian, or his conservator. (Added by Stats. 1974, Ch. 1513.)
  171. 2675.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    The warden must petition the superior court before administering proposed organic therapy unless the therapy is prohibited by Section 2670.5. The confined person, or their attorney, guardian, or conservator, may file a response within 10 days after service of the petition, subject to a possible 10-day continuance.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2675. (a) If the proposed organic therapy is not prohibited by subdivision (a) or (b) of Section 2670.5, then in order to administer the therapy the warden of the institution in which the person is confined shall petition the superior court of the county in which the person is confined for an order authorizing such organic therapy. (b) The petition shall summarize the facts which the attending physician is required to communicate to the person pursuant to Section 2673, and shall state whether the person has the capacity for informed consent, and, if so, whether the person has given his or her informed consent to the proposed therapy. The petition shall clearly specify what organic therapy the institution proposes to administer to the person. The petition shall specify what mental illness, disorder, abnormality, or defect justifies the administration of such therapy. Copies of the petition shall be personally served upon the person and served upon his or her attorney, guardian or conservator on the same day as it is filed with the clerk of the superior court. (c) The person confined, or his or her attorney, guardian, or conservator may file a response to the petition for organic therapy. The response shall be filed no later than 10 days after service of the petition unless the court grants a continuance not to exceed 10 additional days, and shall be served on the warden on the same day it is filed. (Amended by Stats. 1989, Ch. 1420, Sec. 9.)
  172. 2676.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    A confined person, or that person’s attorney, guardian, or conservator, may petition the superior court to stop organic therapy. The clerk must serve the petition on the warden the same day, and the warden must file and serve a response within 10 days unless the court grants up to a 10-day continuance.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2676. (a) Any person, or his or her attorney, guardian, or conservator may file a petition with the superior court of the county in which he or she is confined for an order to prohibit the administration upon him or her of an organic therapy. The filing of such a petition shall constitute a refusal of consent or withdrawal of any prior consent to an organic therapy. The clerk of the court shall serve a copy of the petition, on the same day it is filed, upon the warden. (b) The warden shall file a response to the petition to prohibit the enforced administration of any organic therapy. The response shall be filed no later than 10 days after the filing of the petition, unless the court grants a continuance not to exceed 10 additional days, and shall be personally served upon the person and served upon his or her attorney, guardian, or conservator on the same day as it is filed with the clerk of the superior court. The response shall not constitute a petition for an order to proceed with any organic therapy pursuant to Section 2675, which shall be the exclusive procedure for authorization to administer any organic therapy. (Amended by Stats. 1989, Ch. 1420, Sec. 10.)
  173. 2677.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    When a petition is filed under the referenced sections, the court must appoint counsel and an independent medical expert unless the person can afford them; the court may waive the expert if informed consent and attorney concurrence are present.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2677. At the time of filing of a petition pursuant to Section 2676 by the person, or pursuant to Section 2675 by the warden, the court shall appoint the public defender or other attorney to represent the person unless the person is financially able to provide his or her own attorney. The attorney shall advise the person of his or her rights in relation to the proceeding in question and shall represent him or her before the court. The court shall also appoint an independent medical expert on the person’s behalf to examine the person’s medical, mental, or emotional condition and to testify thereon, unless the person is financially able to obtain the expert testimony. However, if the person has given his or her informed consent to the proposed organic therapy, other than psychosurgery as referred to in subdivision (c) of Section 2670.5, and his or her attorney concurs in the proposed administration of the organic therapy, the court may waive the requirement that an independent medical expert be appointed. (Amended by Stats. 2001, Ch. 854, Sec. 47. Effective January 1, 2002.)
  174. 2678.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    The court must hold the proceedings within 10 judicial days after the earlier of the relevant petitions is filed, unless a lawyer requests a continuance.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2678. The court shall conduct the proceedings within 10 judicial days from the filing of the petition described in Section 2675 or 2676, whichever is filed earlier, unless the warden’s attorney or the person’s attorney requests a continuance, which may be for a maximum of 10 additional judicial days. The court shall conduct the proceedings in accordance with constitutional guarantees of due process of law and the procedures under Section 13 of Article I of the California Constitution. (Amended by Stats. 1989, Ch. 1420, Sec. 12.)
  175. 2679.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    The court must make specified findings before organic therapy may be authorized, and may authorize it for up to six months.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2679. (a) The court shall determine whether the state has proven, by clear and convincing evidence, that the confined person has the capacity for informed consent and has manifested his informed consent. (b) If the court has determined that the person lacks the capacity for informed consent, the court shall determine by clear and convincing evidence that such therapy, other than psychosurgery as referred to in subdivision (c) of Section 2670.5, would be beneficial; that there is a compelling interest justifying the use of the organic therapy upon the person; that there are no less onerous alternatives to such organic therapy; and that such organic therapy is in accordance with sound medical-psychiatric practice. If the court so determines, then the court shall authorize the administration of the organic therapy for a period not to exceed six months. (c) If the court has determined that the person has the capacity for informed consent and has manifested his informed consent to organic therapy, the court shall determine by clear and convincing evidence that such therapy would be beneficial; that there is a compelling interest justifying the use of the organic therapy upon the person; that there are no less onerous alternatives to such organic therapy; and that such organic therapy is in accordance with sound medical-psychiatric practice. If the court so determines then the court shall authorize the administration of the organic therapy for a period not to exceed six months. (Added by Stats. 1974, Ch. 1513.)
  176. 2680.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. )

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    This section gives confined persons rights to communicate about proposed organic therapy, and allows the attending physician to terminate organic therapy before the court-authorized period in the stated circumstances.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Organic Therapy [2670 - 2680] ( Article 2 added by Stats. 1974, Ch. 1513. ) ## 2680. (a) If it is determined by the attending physician that a confined person should be administered organic therapy, the person shall be advised and informed of his or her rights under this article, and he or she shall be provided a copy of this article. (b) This article shall apply to prisoners confined under this part in public or private hospitals, sanitariums, and similar facilities, and to the personnel of the facilities. (c) A person shall be entitled to communicate in writing and by visiting with his or her parents, guardian, or conservator regarding any proposed administration of any organic therapy. The communication shall not be censored. The person shall be entitled to communicate in writing with his or her attorney pursuant to Section 2600. (d) This article shall not prohibit the attending physician from terminating organic therapy prior to the period authorized for that therapy by the court, pursuant to Section 2679. (Amended by Stats. 1988, Ch. 160, Sec. 136.)
  177. 26800.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A retail firearms license can be forfeited for violating this article’s requirements, with some listed exceptions, and the department may also impose civil fines and adopt fine-appeal regulations.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26800. (a) A license under this chapter is subject to forfeiture for a violation of any of the prohibitions and requirements of this article, except those stated in the following provisions: (1) Subdivision (c) of Section 26890. (2) Subdivision (d) of Section 26890. (3) Subdivision (b) of Section 26900. (b) The department may assess a civil fine against a licensee, in an amount not to exceed one thousand dollars ($1,000), for any breach of a prohibition or requirement of this title, including any regulations promulgated to implement this title, Sections 21628.2, 21636, and 21640 of the Business and Professions Code, and any other applicable state law. The department may assess a civil fine, in an amount not to exceed three thousand dollars ($3,000), for a violation of a prohibition or requirement of this article that subjects the license to forfeiture under subdivision (a), for either of the following: (1) The licensee has received written notification from the department regarding the violation and subsequently failed to take corrective action in a timely manner. (2) The licensee is otherwise determined by the department to have knowingly or with gross negligence violated the prohibition or requirement. (c) The department may adopt regulations setting fine amounts and providing a process for a licensee to appeal a fine assessed pursuant to subdivision (b). (d) Moneys received by the department pursuant to this section shall be deposited into the Dealers’ Record of Sale Special Account of the General Fund, to be available, upon appropriation, for expenditure by the department to offset the reasonable costs of firearms-related regulatory and enforcement activities related to the sale, purchase, manufacturing, lawful or unlawful possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580. (e) This section shall become operative on July 1, 2022. (Amended by Stats. 2023, Ch. 245, Sec. 3. (AB 1420) Effective January 1, 2024.)
  178. 26805.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee generally must conduct firearms business only in the licensed buildings, but some gun show, event, and delivery activities are allowed under stated 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26805. (a) Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license. (b) (1) A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any. (2) A person conducting business pursuant to this subdivision shall publicly display the person’s license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision. (c) (1) A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 27900 and 27905, subject to the prohibitions and restrictions contained in those sections. (2) A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction, raffle, or similar event specified in Section 27900. (d) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places: (1) The building designated in the license. (2) The places specified in subdivision (b) or (c). (3) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm. (Amended by Stats. 2019, Ch. 738, Sec. 16. (SB 376) Effective January 1, 2020.)
  179. 26806.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must use a compliant digital video surveillance system at its premises, keep recordings for at least one year, post the required surveillance sign, and file annual certification with 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26806. (a) Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements: (1) The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance. (2) Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear identification of any person. (3) The areas recorded shall include, without limitation, all of the following: (A) Interior views of all entries or exits to the premises. (B) All areas where firearms are displayed. (C) All points of sale, sufficient to identify the parties involved in the transaction. (4) The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second. (5) The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft. (6) Recordings shall be maintained for a minimum of one year. (7) Recorded images shall clearly and accurately display the date and time. (8) The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device. (b) A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows: (1) A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensee’s premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access. (2) A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order. (3) A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order. (c) The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: “THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.” (d) A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order. (e) This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section. (Added by Stats. 2022, Ch. 995, Sec. 2. (SB 1384) Effective January 1, 2023.)
  180. 26810.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person with a license under this chapter must display the license, or a certified copy, on the premises where it can be easily seen.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26810. A person’s license under this chapter, or a copy thereof certified by the issuing authority, shall be displayed on the premises where it can easily be seen. (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. 26811.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must carry a general liability insurance policy with at least $1,000,000 of coverage per incident, starting July 1, 2023.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26811. (a) Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident. (b) This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance. (Added by Stats. 2022, Ch. 995, Sec. 3. (SB 1384) Effective January 1, 2023.)
  182. 26815.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A dealer may not deliver a firearm unless the timing, packaging, identity, and prohibition-check 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26815. No firearm shall be delivered: (a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later. (b) Unless unloaded and securely wrapped or unloaded and in a locked container. (c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer. (d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  183. 26820.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Handguns, imitation handguns, and sale-or-transfer placards may not be displayed where they can be readily seen from outside the 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26820. No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside. (Amended by Stats. 2011, Ch. 745, Sec. 8. (AB 809) Effective January 1, 2012.)
  184. 26825.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must agree to and act properly and promptly when processing firearms transactions under Chapter 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26825. A licensee shall agree to and shall act properly and promptly in processing firearms transactions pursuant to Chapter 5 (commencing with Section 28050). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  185. 26830.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must comply with several listed firearms code sections and articles.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26830. A licensee shall comply with all of the following: (a) Sections 27500 to 27535, inclusive. (b) Section 27555. (c) Section 28100. (d) Article 2 (commencing with Section 28150) of Chapter 6. (e) Article 3 (commencing with Section 28200) of Chapter 6. (f) Section 30300. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  186. 2684.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. Disposition of Insane Prisoners [2684 - 2685] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The Secretary may certify certain mentally ill, mentally deficient, or insane prisoners for state hospital treatment, and related officials must evaluate and receive them if the conditions are met.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. Disposition of Insane Prisoners [2684 - 2685] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 2684. (a) If, in the opinion of the Secretary of the Department of Corrections and Rehabilitation, the rehabilitation of any mentally ill, mentally deficient, or insane person confined in a state prison may be expedited by treatment at any one of the state hospitals under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the Secretary of the Department of Corrections and Rehabilitation, with the approval of the Board of Parole Hearings for persons sentenced pursuant to subdivision (b) of Section 1168, shall certify that fact to the director of the appropriate department who shall evaluate the prisoner to determine if he or she would benefit from care and treatment in a state hospital. If the director of the appropriate department so determines, the superintendent of the hospital shall receive the prisoner and keep him or her until in the opinion of the superintendent the person has been treated to the extent that he or she will not benefit from further care and treatment in the state hospital. (b) Whenever the Secretary of the Department of Corrections and Rehabilitation receives a recommendation from the court that a defendant convicted of a violation of Section 646.9 and sentenced to confinement in the state prison would benefit from treatment in a state hospital pursuant to subdivision (a), the secretary shall consider the recommendation. If appropriate, the secretary shall certify that the rehabilitation of the defendant may be expedited by treatment in a state hospital and subdivision (a) shall apply. (Amended by Stats. 2012, Ch. 24, Sec. 35. (AB 1470) Effective June 27, 2012.)
  187. 26840.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A dealer may not deliver a firearm unless the buyer shows a valid firearm safety certificate, or an unexpired handgun safety certificate for a handgun. The dealer must keep a photocopy of the certificate.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26840. (a) A dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate, or, in the case of a handgun, an unexpired handgun safety certificate. The firearms dealer shall retain a photocopy of the firearm safety certificate as proof of compliance with this requirement. (b) This section shall become operative on January 1, 2015. (Repealed (in Sec. 3) and added by Stats. 2013, Ch. 761, Sec. 4. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  188. 26845.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A handgun may not be delivered unless the recipient shows California residency documentation, and the firearms dealer must keep a photocopy of that documentation.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26845. (a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident. (b) Satisfactory documentation shall include a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice. (c) The firearms dealer shall retain a photocopy of the documentation as proof of compliance with this requirement. (Amended by Stats. 2011, Ch. 745, Sec. 10. (AB 809) Effective January 1, 2012.)
  189. 2685.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. Disposition of Insane Prisoners [2684 - 2685] ( Article 3 added by Stats. 1941, Ch. 106. )

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    The state hospital superintendent must notify the Director of Corrections when a prisoner is received and again when the superintendent thinks the prisoner no longer needs hospital care. The Director of Corrections must then take the prisoner back into prison, and the hospital time counts toward the sentence.

    ## 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 4. Treatment of Prisoners [2650 - 2695.5] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## ARTICLE 3. Disposition of Insane Prisoners [2684 - 2685] ( Article 3 added by Stats. 1941, Ch. 106. ) ## 2685. Upon the receipt of a prisoner, as herein provided, the superintendent of the state hospital shall notify the Director of Corrections of that fact, giving his name, the date, the prison from which he was received, and from whose hands he was received. When in the opinion of the superintendent the mentally ill, mentally deficient or insane prisoner has been treated to such an extent that such person will not benefit by further care and treatment in the state hospital, the superintendent shall immediately notify the Director of Corrections of that fact. The Director of Corrections shall immediately send for, take and receive the prisoner back into prison. The time passed at the state hospital shall count as part of the prisoner’s sentence. (Amended by Stats. 1963, Ch. 372.)
  190. 26850.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A firearms dealer generally may not deliver a handgun unless the recipient completes a safe handling demonstration, with stated exemptions and special handling 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26850. (a) Except as authorized by the department, no firearms dealer may deliver a handgun unless the recipient performs a safe handling demonstration with that handgun. (b) The safe handling demonstration shall commence with the handgun unloaded and locked with the firearm safety device with which it is required to be delivered, if applicable. While maintaining muzzle awareness, that is, the firearm is pointed in a safe direction, preferably down at the ground, and trigger discipline, that is, the trigger finger is outside of the trigger guard and along side of the handgun frame, at all times, the handgun recipient shall correctly and safely perform the following: (1) If the handgun is a semiautomatic pistol, the steps listed in Section 26853. (2) If the handgun is a double-action revolver, the steps listed in Section 26856. (3) If the handgun is a single-action revolver, the steps listed in Section 26859. (c) The recipient shall receive instruction regarding how to render that handgun safe in the event of a jam. (d) The firearms dealer shall sign and date an affidavit stating that the requirements of subdivisions (a) and (b) have been met. The firearms dealer shall additionally obtain the signature of the handgun purchaser on the same affidavit. The firearms dealer shall retain the original affidavit as proof of compliance with this requirement. (e) The recipient shall perform the safe handling demonstration for a department-certified instructor. (f) No demonstration shall be required if the dealer is returning the handgun to the owner of the handgun. (g) Department-certified instructors who may administer the safe handling demonstration shall meet the requirements set forth in subdivision (b) of Section 31635. (h) The persons who are exempt from the requirements of subdivision (a) of Section 31615, pursuant to Section 31700, are also exempt from performing the safe handling demonstration. (Amended by Stats. 2011, Ch. 745, Sec. 11. (AB 809) Effective January 1, 2012.)
  191. 26853.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A safe handling demonstration for a semiautomatic pistol must include a specific sequence of handling steps, including unloading, chamber checks, dummy round insertion, and safety/device application.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26853. To comply with Section 26850, a safe handling demonstration for a semiautomatic pistol shall include all of the following steps: (a) Remove the magazine. (b) Lock the slide back. If the model of firearm does not allow the slide to be locked back, pull the slide back, visually and physically check the chamber to ensure that it is clear. (c) Visually and physically inspect the chamber, to ensure that the handgun is unloaded. (d) Remove the firearm safety device, if applicable. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. (e) Load one bright orange, red, or other readily identifiable dummy round into the magazine. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used. (f) Insert the magazine into the magazine well of the firearm. (g) Manipulate the slide release or pull back and release the slide. (h) Remove the magazine. (i) Visually inspect the chamber to reveal that a round can be chambered with the magazine removed. (j) Lock the slide back to eject the bright orange, red, or other readily identifiable dummy round. If the handgun is of a model that does not allow the slide to be locked back, pull the slide back and physically check the chamber to ensure that the chamber is clear. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used. (k) Apply the safety, if applicable. (l) Apply the firearm safety device, if applicable. This requirement shall not apply to an Olympic competition pistol if no firearm safety device, other than a cable lock that the department has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in subdivision (b) of Section 32105 or is subject to subdivision (c) of Section 32105. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  192. 26856.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A safe handling demonstration for a double-action revolver must include a set of specified steps, including opening and inspecting the cylinder, using a dummy round, and rechecking that the revolver is unloaded. The requirement does not apply to certain Olympic competition pistols if the stated approval and listing 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26856. To comply with Section 26850, a safe handling demonstration for a double-action revolver shall include all of the following steps: (a) Open the cylinder. (b) Visually and physically inspect each chamber, to ensure that the revolver is unloaded. (c) Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. (d) While maintaining muzzle awareness and trigger discipline, load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used. (e) Close the cylinder. (f) Open the cylinder and eject the round. (g) Visually and physically inspect each chamber to ensure that the revolver is unloaded. (h) Apply the firearm safety device, if applicable. This requirement shall not apply to an Olympic competition pistol if no firearm safety device, other than a cable lock that the department has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in subdivision (b) of Section 32105 or is subject to subdivision (c) of Section 32105. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  193. 26859.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A safe handling demonstration for a single-action revolver must include specified loading, inspection, unloading, and safety-device steps.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26859. To comply with Section 26850, a safe handling demonstration for a single-action revolver shall include all of the following steps: (a) Open the loading gate. (b) Visually and physically inspect each chamber, to ensure that the revolver is unloaded. (c) Remove the firearm safety device required to be sold with the handgun. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. (d) Load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder, close the loading gate and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used. (e) Open the loading gate and unload the revolver. (f) Visually and physically inspect each chamber to ensure that the revolver is unloaded. (g) Apply the firearm safety device, if applicable. This requirement shall not apply to an Olympic competition pistol if no firearm safety device, other than a cable lock that the department has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in subdivision (b) of Section 32105 or is subject to subdivision (c) of Section 32105. (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. 26860.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A firearms dealer may not deliver a long gun unless the recipient completes a safe handling demonstration, unless the department authorizes otherwise.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26860. (a) Except as authorized by the department, commencing January 1, 2015, a firearms dealer shall not deliver a long gun unless the recipient performs a safe handling demonstration with that long gun. (b) The department shall, not later than January 1, 2015, adopt regulations establishing a long gun safe handling demonstration that shall include, at a minimum, loading and unloading the long gun. (c) The firearms dealer shall sign and date an affidavit stating that the requirements of subdivision (a) and the regulations adopted pursuant to subdivision (b) have been met. The firearms dealer shall additionally obtain the signature of the long gun purchaser on the same affidavit. The firearms dealer shall retain the original affidavit as proof of compliance with this section. (d) The recipient shall perform the safe handling demonstration for a department-certified instructor. (e) A demonstration is not required if the dealer is returning the long gun to the owner of the long gun. (f) Department-certified instructors who may administer the safe handling demonstration shall meet the requirements set forth in subdivision (b) of Section 31635. (g) An individual who is exempt from the requirements of subdivision (a) of Section 31615, pursuant to Section 31700, is also exempt from performing the safe handling demonstration. (Added by Stats. 2013, Ch. 761, Sec. 5. (SB 683) Effective January 1, 2014.)
  195. 26865.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must offer the firearm buyer, transferee, or borrower a copy of the Section 34205 pamphlet, and may add the pamphlet’s cost to the firearm’s sales price if there is a cost.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26865. A licensee shall offer to provide the purchaser or transferee of a firearm, or person being loaned a firearm, with a copy of the pamphlet described in Section 34205, and may add the cost of the pamphlet, if any, to the sales price of the firearm. (Amended by Stats. 2011, Ch. 745, Sec. 12. (AB 809) Effective January 1, 2012.)
  196. 26866.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must give the buyer, transferee, or borrower of a firearm a current copy of the pamphlet at the start of the waiting period, and may add the pamphlet cost to the firearm price.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26866. (a) A licensee shall provide the purchaser or transferee of a firearm, or person being loaned a firearm, with a copy of the most current version of the pamphlet described in Section 34210 as found on the department’s internet website in PDF or another imaging format at the start of the waiting period described in Sections 26815 and 27540. (b) A licensee may add the cost of the pamphlet, if any, to the price of the firearm. (c) This section shall become operative on January 1, 2025. (Added by Stats. 2023, Ch. 248, Sec. 1. (AB 1598) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  197. 26870.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must not commit an act of collusion defined in Section 27550.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26870. A licensee shall not commit an act of collusion as defined in Section 27550. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  198. 26875.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must conspicuously post a detailed list of specified firearm-transfer charges and fees 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26875. A licensee shall post conspicuously within the licensed premises a detailed list of each of the following: (a) All charges required by governmental agencies for processing firearm transfers required by Section 12806, Chapter 5 (commencing with Section 28050), and Article 3 (commencing with Section 28200) of Chapter 6. (b) All fees that the licensee charges pursuant to Section 12806 and Chapter 5 (commencing with Section 28050). (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. 26880.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee must not misstate the amount of certain government fees.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26880. A licensee shall not misstate the amount of fees charged by a governmental agency pursuant to Section 12806, Chapter 5 (commencing with Section 28050), and Article 3 (commencing with Section 28200) of Chapter 6. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  200. 26883.

    ## 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A licensee may not charge more than 5% of the firearm’s purchase price as a restocking or return-related fee when the buyer cancels during the 10-day period, except for a buyer’s special order 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 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail [26700 - 27140] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Grounds for Forfeiture of License [26800 - 26920] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 26883. (a) A licensee shall not charge a restocking or other return-related fee of more than 5 percent of the purchase price of the firearm if the buyer decides to cancel the purchase of the firearm during the 10-day period imposed pursuant to Section 26815. (b) This section shall not apply to a special order firearm by the buyer. (c) For purposes of this section, “special order” means a specific request by the buyer for the licensee to order a firearm that is not available to the licensee. (Added by Stats. 2022, Ch. 141, Sec. 1. (AB 1842) Effective January 1, 2023.)

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