Penal Code — Part 18 | PEN — United States — California law | Esheria

Penal Code

Part 18 of 29 · provisions 3,401–3,600

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. 31350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of General Services must define “enforcement activities” and set standards for when body armor is worn enough to require replacement, after consulting the California Highway Patrol.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31350. The Department of General Services shall, pursuant to departmental regulation, after consultation with the Department of the California Highway Patrol, define the term “enforcement activities” for purposes of this chapter, and develop standards regarding what constitutes sufficient wear on body armor to necessitate replacement of the body armor. (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. 31355.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must adopt and issue regulations to enforce this chapter fairly and efficiently.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31355. The Department of Justice shall adopt and promulgate regulations for the fair and efficient enforcement of this chapter. (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. 31360.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain people convicted of violent felonies, and certain people barred from having firearms, may not buy, own, or possess body armor unless they get authorized relief.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Body Armor [31310 - 31360] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31360. (a) A person who has been convicted of a violent felony under the laws of the United States, the State of California, or any other state, government, or country, who purchases, owns, or possesses body armor, as defined in Section 16288, except as authorized under subdivision (c), is guilty of a felony, punishable by imprisonment in state prison for 16 months, or two or three years. (b) (1) A person who is prohibited from possessing a firearm under the laws of this state, except under Section 29610, who purchases, owns, or possesses body armor, as defined in Section 16288, except as authorized under subdivision (c), is guilty of a misdemeanor. (2) Upon advising a person of their firearm prohibition, a court shall also advise them of their body armor prohibition pursuant to this section. A person shall relinquish any body armor in their possession. (c) A person whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, who is subject to the prohibition imposed by subdivision (a) due to a prior violent felony conviction, or who is prohibited pursuant to subdivision (b), may file a petition for an exception to this prohibition with the chief of police or county sheriff of the jurisdiction in which that person seeks to possess and use the body armor. The chief of police or sheriff may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the chief of police or sheriff deems appropriate, based on the following: (1) A finding that the petitioner is likely to use body armor in a safe and lawful manner. (2) A finding that the petitioner has a reasonable need for this type of protection under the circumstances. In making its decision, the chief of police or sheriff shall consider the petitioner’s continued employment, the interests of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that law enforcement officials exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, this paragraph may not be construed to require law enforcement officials to grant relief to any particular petitioner. Relief from this prohibition does not relieve any other person or entity from any liability that might otherwise be imposed. (d) The chief of police or sheriff shall require, as a condition of granting an exception under subdivision (c), that the petitioner agree to maintain on the petitioner’s person a certified copy of the law enforcement official’s permission to possess and use body armor, including any conditions or limitations. (e) Law enforcement officials who enforce the prohibition specified in subdivision (a) or (b) against a person who has been granted relief pursuant to subdivision (c) shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in possession a certified copy of the permission granting the person relief from the prohibition, as required by subdivision (d). This immunity from liability does not relieve any person or entity from any other liability that might otherwise be imposed. (Amended by Stats. 2023, Ch. 232, Sec. 1. (AB 92) Effective January 1, 2024.)
  4. 314.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. )

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    This section makes willful, lewd indecent exposure and related assistance offenses punishable as crimes.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. ) ## 314. Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. (Amended by Stats. 1982, Ch. 1113, Sec. 2.)
  5. 315.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. )

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    A person must not keep a house of ill-fame in this state for prostitution or lewdness; doing so is a misdemeanor.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. ) ## 315. Every person who keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is guilty of a misdemeanor; and in all prosecutions for keeping or resorting to such a house common repute may be received as competent evidence of the character of the house, the purpose for which it is kept or used, and the character of the women inhabiting or resorting to it. (Amended by Stats. 1905, Ch. 507.)
  6. 31500.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 1. Unconventional Pistol [31500 - 31590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A person in this state generally may not manufacture, import, sell, give, lend, or possess an unconventional pistol, except as allowed by another chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 1. Unconventional Pistol [31500 - 31590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31500. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any unconventional pistol is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 106. (SB 1023) Effective June 27, 2012.)
  7. 31590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 1. Unconventional Pistol [31500 - 31590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    An unconventional pistol is treated as a nuisance and is subject to Section 18010, unless Chapter 1 of Division 2 of Title 2 provides 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 1. Unconventional Pistol [31500 - 31590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31590. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any unconventional pistol is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  8. 316.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. )

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    It is a misdemeanor to keep a disorderly house, a house used for assignation or prostitution, a disorderly inn, or to let premises knowing they will be used for assignation or prostitution.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. ) ## 316. Every person who keeps any disorderly house, or any house for the purpose of assignation or prostitution, or any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner; and every person who lets any apartment or tenement, knowing that it is to be used for the purpose of assignation or prostitution, is guilty of a misdemeanor. (Amended by Stats. 1989, Ch. 1360, Sec. 108.)
  9. 31610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    This section states the Legislature’s intent to require people who obtain firearms to be familiar with them, including safe handling and storage, and says it is not intended to require a safety certificate for mere possession.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31610. (a) It is the intent of the Legislature in enacting this article to require that persons who obtain firearms have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require a firearm safety certificate for the mere possession of a firearm. (b) This section shall become operative on January 1, 2015. (Repealed (in Sec. 14) and added by Stats. 2013, Ch. 761, Sec. 15. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  10. 31615.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    A person may not buy, receive, sell, deliver, loan, or transfer most firearms unless the required firearm safety certificate rule is met; violations are 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31615. (a) A person shall not do either of the following: (1) Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. (2) Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. (b) Any person who violates subdivision (a) is guilty of a misdemeanor. (c) 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 this code shall not be punished under more than one provision. (d) This section shall become operative on January 1, 2015. (Repealed (in Sec. 16) and added by Stats. 2013, Ch. 761, Sec. 17. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  11. 31620.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    This section prohibits collusion under Section 27550 and bars altering, counterfeiting, falsifying, or misusing handgun or firearm safety certificates to buy a handgun or firearm; those acts are 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31620. (a) A person shall not commit an act of collusion as specified in Section 27550. (b) Any person who alters, counterfeits, or falsifies a handgun safety certificate, or who uses or attempts to use any altered, counterfeited, or falsified handgun safety certificate to purchase a handgun, is guilty of a misdemeanor. (c) Commencing January 1, 2015, any person who alters, counterfeits, or falsifies a firearm safety certificate, or who uses or attempts to use any altered, counterfeited, or falsified firearm safety certificate to purchase a firearm, is guilty of a misdemeanor. (d) 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 this section and different provisions of this code shall not be punished under more than one provision. (Amended by Stats. 2013, Ch. 761, Sec. 18. (SB 683) Effective January 1, 2014.)
  12. 31625.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    Certified instructors may not issue a firearm safety certificate unless the person has complied with the article, and they may not issue one to anyone under 18.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31625. (a) A certified instructor shall not issue a firearm safety certificate to any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine. (b) A certified instructor shall not issue a firearm safety certificate to any person who is under 18 years of age. (c) A violation of this section shall be grounds for the department to revoke the instructor’s certification to issue firearm safety certificates. (d) This section shall become operative on January 1, 2015. (Repealed (in Sec. 19) and added by Stats. 2013, Ch. 761, Sec. 20. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  13. 31630.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    The department must create a firearm safety instruction manual in specified languages, give it to licensed firearm dealers, and the dealers must make it available to the public.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31630. (a) The department shall develop an instruction manual in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205. (b) The department shall develop audiovisual materials in the languages described in subdivision (a) to be issued to instructors certified by the department. (c) The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety, in the development of the firearm safety certificate instructional materials. (d) The instruction manual shall prominently include the following firearm safety warning: Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply. (Amended by Stats. 2023, Ch. 238, Sec. 1. (AB 724) Effective January 1, 2024.)
  14. 31635.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    The department must set minimum skill, knowledge, and competency standards for firearm safety certificate instructors, and instructor applicants must have approved or equivalent training credentials.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31635. (a) The department shall prescribe a minimum level of skill, knowledge, and competency to be required of all firearm safety certificate instructors. (b) Department Certified Instructor applicants shall have a certification to provide training from one of the following organizations, as specified, or any entity found by the department to give comparable instruction in firearms safety, or the applicant shall have similar or equivalent training to that provided by the following, as determined by the department: (1) Department of Consumer Affairs, State of California-Firearm Training Instructor. (2) Director of Civilian Marksmanship, Instructor or Rangemaster. (3) Federal Government, Certified Rangemaster or Firearm Instructor. (4) Federal Law Enforcement Training Center, Firearm Instructor Training Program or Rangemaster. (5) United States Military, Military Occupational Specialty (MOS) as marksmanship or firearms instructor. Assignment as Range Officer or Safety Officer is not sufficient. (6) National Rifle Association-Certified Instructor, Law Enforcement Instructor, Rangemaster, or Training Counselor. (7) Commission on Peace Officer Standards and Training (POST), State of California-Firearm Instructor or Rangemaster. (8) Authorization from a State of California accredited school to teach a firearm training course. (c) This section shall become operative on January 1, 2015. (Repealed (in Sec. 23) and added by Stats. 2013, Ch. 761, Sec. 24. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  15. 31640.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    The department must create and maintain a written firearm safety test, and certain licensed dealers or certified personnel must provide a separate testing area and supervision. The test may be given orally 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31640. (a) The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. (b) If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator. (c) The test shall cover, but not be limited to, all of the following: (1) The laws applicable to carrying and handling firearms, particularly handguns. (2) The responsibilities of ownership of firearms, particularly handguns. (3) Current law as it relates to the private sale and transfer of firearms. (4) Current law as it relates to the permissible use of lethal force. (5) What constitutes safe firearm storage. (6) The reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury. (7) Prevention strategies to address the risks associated with bringing firearms into the home. (8) Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms. (d) Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information: (1) “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.” (2) “If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.” (3) “If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).” (e) (1) The department shall update test materials related to this article at least once every five years. (2) The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations. (f) A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered. (g) The department shall update the test to reflect amendments to subdivision (c) made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision (e) that occurs after January 1, 2024. (Amended by Stats. 2023, Ch. 248, Sec. 2.5. (AB 1598) Effective January 1, 2024.)
  16. 31641.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    The Department of Justice must prepare and keep updated a firearm safety certificate study guide, provide it to certified instructors at actual cost, and notify instructors that they must give it to applicants before the test date.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31641. (a) The Department of Justice shall prepare a firearm safety certificate study guide in all of the languages described in subdivision (a) of Section 31640 that explains the information covered in the test in Section 31640. (b) The department shall offer copies of the study guide at actual cost to a firearm safety instructor certified pursuant to Section 31635, who shall provide the study guide to an applicant for a firearm safety certificate pursuant to Section 31645 prior to their test date. The study guide may be provided as an electronic copy by text or email or as a physical copy. The cost of the study guide, if any, may be added to the fee described in Section 31650. (c) The department shall update the study guide concurrently with an update to the test in Section 31640. (d) The department shall notify a certified instructor of the requirement to provide the study guide to an applicant for a firearm safety certificate in subdivision (b). (Added by Stats. 2023, Ch. 248, Sec. 3.5. (AB 1598) Effective January 1, 2024.)
  17. 31645.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    Applicants must pass the firearm safety test with at least 75%, and the instructor must issue the certificate after a passing grade, subject to the stated acknowledgment condition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31645. (a) An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certificate by the instructor, provided that, commencing January 1, 2019, the applicant has acknowledged receipt of the firearm safety warning required by subdivision (d) of Section 31640. (b) An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test. (Amended by Stats. 2017, Ch. 825, Sec. 6. (AB 1525) Effective January 1, 2018.)
  18. 31650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    Certified instructors may charge a $25 fee for a firearm safety certificate, and applicants renewing a certificate must pass the objective test.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31650. (a) The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be paid to the department pursuant to subdivision (c). (b) An applicant to renew a firearm safety certificate shall be required to pass the objective test. The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be forwarded to the department pursuant to subdivision (c). (c) The department may charge the certified instructor up to fifteen dollars ($15) for each firearm safety certificate issued by that instructor to cover the department’s cost in carrying out and enforcing this article, and enforcing the provisions listed in subdivision (e), as determined annually by the department. (d) All money received by the department pursuant to this article shall be deposited into the Firearms Safety and Enforcement Special Fund created pursuant to Section 28300. (e) The department shall conduct enforcement activities, including, but not limited to, law enforcement activities to ensure compliance with the following provisions: (1) Section 830.95. (2) Title 2 (commencing with Section 12001) of Part 4. (3) This part, except Sections 16965, 17235, and 21510. (f) This section shall become operative on January 1, 2015. (Repealed (in Sec. 29) and added by Stats. 2013, Ch. 761, Sec. 30. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  19. 31655.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    The department must develop firearm safety certificates, and certified instructors issue them to people who have complied with the article.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31655. (a) The department shall develop firearm safety certificates to be issued by instructors certified by the department to those persons who have complied with this article. (b) A firearm safety certificate shall include, but not be limited to, the following information: (1) A unique firearm safety certificate identification number. (2) The holder’s full name. (3) The holder’s date of birth. (4) The holder’s driver’s license or identification number. (5) The holder’s signature. (6) The signature of the issuing instructor. (7) The date of issuance. (c) The firearm safety certificate shall expire five years after the date that it was issued by the certified instructor. (d) This section shall become operative on January 1, 2015. (Repealed (in Sec. 31) and added by Stats. 2013, Ch. 761, Sec. 32. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  20. 31660.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    If a firearm safety certificate or handgun safety certificate is lost or destroyed, the issuing instructor must issue a duplicate certificate when requested and with proof of identification. The department may let the issuing instructor charge up to $15 for a duplicate 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31660. (a) In the case of loss or destruction of a firearm safety certificate, the issuing instructor shall issue a duplicate certificate upon request and proof of identification to the certificate holder. (b) In the case of loss or destruction of a handgun safety certificate, the issuing instructor shall issue a duplicate certificate upon request and proof of identification to the certificate holder, which shall be valid only for the balance of the unexpired term of the original certificate. (c) The department may authorize the issuing instructor to charge a fee, not to exceed fifteen dollars ($15), for a duplicate certificate. Revenues from this fee shall be deposited in the Firearms Safety and Enforcement Special Fund created pursuant to Section 28300. (d) This section shall become operative on January 1, 2015. (Repealed (in Sec. 33) and added by Stats. 2013, Ch. 761, Sec. 34. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  21. 31665.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    The department is immune from liability when implementing the listed firearm safety certificate 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31665. The department shall be immune from any liability arising from implementing Sections 31630, 31635, 31640, and subdivision (a) of Section 31655. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  22. 31670.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. )

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    This section says that, except for former Section 12804, former Article 8 (starting with Section 12800) became operative on January 1, 2003.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 2. Firearm Safety Certificate [31610 - 31670] ( Heading of Article 2 amended by Stats. 2013, Ch. 761, Sec. 13. ) ## 31670. Except for the provisions of former Section 12804, former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as added by Section 10 of Chapter 942 of the Statutes of 2001, became operative on January 1, 2003. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  23. 31700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

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    This section lists people who are exempt from the firearm safety certificate requirement, including certain officers, licensed dealers, some armed forces members, some representatives handling firearms by law, hunting-license holders, and people covered by specified delivery or transfer 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31700. (a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615: (1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Any active or honorably retired federal officer or law enforcement agent. (3) Any reserve peace officer, as defined in Section 832.6. (4) Any person who has successfully completed the course of training specified in Section 832. (5) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that person’s activities as a person licensed pursuant to Sections 26700 to 26915, inclusive. (6) A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710. (7) Except as provided in subdivision (d), a person to whom a firearm is being returned, where the person receiving the firearm is the owner of the firearm. (8) A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code. (9) Any individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5. (10) An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card, the Veteran Health Identification Card issued by the Department of Veterans Affairs, or other written documentation certifying that the individual is an active or honorably retired member. (11) Any person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030. (12) Persons who are the holders of a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division. (b) The following persons who take title or possession of a firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615: (1) The executor, personal representative, or administrator of an estate. (2) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. (3) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (4) A receiver performing the functions of a receiver. (5) A trustee in bankruptcy performing the duties of a trustee. (6) An assignee for the benefit of creditors performing the functions of an assignee. (7) The trustee of a trust that includes a firearm and that was part of a will that created the trust. (8) A person acting pursuant to the person’s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code. (9) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code. (10) A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure. (11) The trustee of a trust that includes a firearm that is under court supervision. (12) A special administrator appointed by a court pursuant to Section 8540 of the Probate Code. (13) A guardian appointed by a court pursuant to Section 1500 of the Probate Code. (c) A person, 18 years of age or older, validly identified, who has been issued a valid hunting license that is unexpired is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns. (d) A person who takes possession of a firearm and complies with Section 27922 by delivering the firearm to a law enforcement agency is exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615. The exemption set forth in paragraph (7) of subdivision (a) shall not apply to the return of that firearm to that person, if the person has requested the firearm and is eligible to receive it. (e) The firearm safety certificate requirement in subdivision (a) of Section 31615 shall not apply to a person taking possession of a firearm pursuant to Section 27882 or 27883. (Amended by Stats. 2024, Ch. 146, Sec. 1. (AB 1982) Effective January 1, 2025.)
  24. 31705.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Some firearm transfers to authorized law enforcement representatives are exempt if the agency provides written authorization, and agencies must record acquired firearms 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31705. (a) Subdivision (a) of Section 31615 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. 66. (AB 809) Effective January 1, 2012.)
  25. 31710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    This section exempts certain firearm loans from subdivision (a) of Section 31615 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31710. Subdivision (a) of Section 31615 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.)
  26. 31715.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    A law enforcement or state agency must report certain firearm transfer details into AFS via CLETS within 10 days after selling, delivering, or transferring a handgun, and from January 1, 2014, any firearm, to a peace officer under the cited Public Contract Code section.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31715. (a) Subdivision (a) of Section 31615 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. 67. (AB 809) Effective January 1, 2012.)
  27. 31720.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    A law enforcement or state agency must report certain firearm-transfer details in AFS via CLETS within 10 days when a handgun, and from January 1, 2014 any firearm, is transferred to a retiring peace officer; an exception to Section 31615 applies to that transfer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31720. (a) Subdivision (a) of Section 31615 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. 68. (AB 809) Effective January 1, 2012.)
  28. 31725.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31725 exempts certain firearm sales, deliveries, or transfers from Section 31615(a) when the transfer is for a government entity and part of an authorized voluntary buyback or collection program.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31725. (a) Subdivision (a) of Section 31615 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 weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. (b) Any weapons acquired pursuant to this section shall be disposed of pursuant to the applicable provisions of Section 34000 or Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  29. 31730.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    This section creates an exception allowing certain law enforcement firearm transfers to nonprofit historical societies, museums, or institutional collections if specified 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31730. Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by an authorized law enforcement representative of a city, county, city and county, or state, or of the federal government, to any public or private nonprofit historical society, museum, or institutional collection, or the purchase or receipt of that firearm by that public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met: (a) The entity receiving the firearm is open to the public. (b) The firearm prior to delivery is deactivated or rendered inoperable. (c) The firearm is not subject to any of the following: (1) Sections 18000 and 18005. (2) Division 4 (commencing with Section 18250) of Title 2. (3) Section 34000. (4) Sections 34005 and 34010. (d) The firearm is not prohibited by other provisions of law from being sold, delivered, or transferred to the public at large. (e) Prior to delivery, the entity receiving the firearm submits a written statement to the law enforcement representative stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, Section 31615. (f) Within 10 days of the date that the firearm is sold, loaned, delivered, or transferred to that entity, all of the following information shall be reported to the department in a manner prescribed by the department: (1) The name of the government entity delivering the firearm. (2) The make, model, serial number, and other identifying characteristics of the firearm. (3) The name of the person authorized by the entity to take possession of the firearm. (g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  30. 31735.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    This section creates an exception to a firearm-safety-certificate rule for certain transfers of firearms to nonprofit historical societies, museums, or institutional collections, if 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31735. Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met: (a) The entity receiving the firearm is open to the public. (b) The firearm is deactivated or rendered inoperable prior to delivery. (c) The firearm is not of a type prohibited from being sold, delivered, or transferred to the public. (d) Prior to delivery, the entity receiving the firearm submits a written statement to the person selling, loaning, or transferring the firearm stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615. (e) If title to a handgun, and commencing January 1, 2014, any firearm, is being transferred to the public or private nonprofit historical society, museum, or institutional collection, then the designated representative of that entity shall, within 30 days of taking possession of that firearm, forward by prepaid mail or deliver in person to the Department of Justice, a single report signed by both parties to the transaction, which includes all of the following information: (1) Information identifying the person representing the public or private historical society, museum, or institutional collection. (2) Information on how title was obtained and from whom. (3) A description of the firearm in question. (4) A copy of the written statement referred to in subdivision (d). (f) The report forms that are to be completed pursuant to this section shall be provided by the Department of Justice. (g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days. (Amended by Stats. 2011, Ch. 745, Sec. 69. (AB 809) Effective January 1, 2012.)
  31. 31740.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Subdivision (a) of Section 31615 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31740. Subdivision (a) of Section 31615 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.)
  32. 31745.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31745 creates an exception: subdivision (a) of Section 31615 does not apply to certain handgun sales, deliveries, or transfers to licensed persons.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31745. Subdivision (a) of Section 31615 shall not apply to the sale, delivery, or transfer of a handgun to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the licensee is receiving the handgun in the course and scope of the licensee’s activities as a person licensed pursuant to Sections 26700 to 26915, inclusive. (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. 31750.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    This section creates an exception to subdivision (a) of Section 31615 for a firearm loan when all 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31750. Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following conditions exist: (a) The person loaning the firearm is at all times within the presence of the person being loaned the firearm. (b) The loan is for a lawful purpose. (c) The loan does not exceed three days in duration. (d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (e) The person loaning the firearm is 18 years of age or older. (f) The person being loaned the firearm is 18 years of age or older. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  34. 31755.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31755 exempts certain firearm deliveries and returns involving a gunsmith from subdivision (a) of Section 31615.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31755. Subdivision (a) of Section 31615 does not apply to the delivery of a firearm to a gunsmith for service or repair, or to the return of the firearm to its owner by the gunsmith, or to the delivery of a firearm by a gunsmith to a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for service or repair and the return of the firearm to 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.)
  35. 31760.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31760 creates an exception: subdivision (a) of Section 31615 does not apply to certain firearm sales, deliveries, or transfers if 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31760. Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following requirements are satisfied: (a) The sale, delivery, or transfer is made by a person who resides in this state. (b) The sale, delivery, or transfer 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) The sale, delivery, or transfer is 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.)
  36. 31765.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31615(a) does not apply to certain firearm loans for target shooting when the loan is on licensed target-facility premises or on premises of a qualifying shooting club or organization, and the firearm stays on those 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31765. Subdivision (a) of Section 31615 does not apply to the loan of a firearm to a person 18 years of age or older 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.)
  37. 31770.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31770 says subdivision (a) of Section 31615 does not apply to certain firearm deliveries, transfers, or returns made under listed 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31770. Subdivision (a) of Section 31615 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following: (a) Sections 18000 and 18005. (b) Division 4 (commencing with Section 18250) of Title 2. (c) Chapter 2 (commencing with Section 33850) of Division 11. (d) Sections 34005 and 34010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  38. 31780.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    This section exempts a dealer’s sale, delivery, or transfer of unloaded firearms to an out-of-state person who is licensed under the specified federal law and related 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31780. Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of unloaded firearms by a dealer 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. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  39. 31785.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31785 creates an exception: the rule in Section 31615(a) does not apply to certain unloaded firearm sales, deliveries, or transfers to a wholesaler.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31785. Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of unloaded firearms to a wholesaler if the firearms are being returned to the wholesaler and are intended as merchandise in the 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.)
  40. 31790.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31790 says the Section 31615(a) firearm-safety-certificate rule does not apply to certain dealer-to-dealer firearm sales, deliveries, or transfers when the firearms are unloaded and other 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31790. Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following conditions are satisfied: (a) The firearms are unloaded. (b) The sale, delivery, or transfer is made by one dealer to another dealer, upon proof of compliance with the requirements of Section 27555. (c) The firearms are intended as merchandise in the receiving dealer’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.)
  41. 318.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. )

    Verify source ↗

    It is a misdemeanor to use invitation or other device to persuade someone to visit a place kept for illegal gambling or prostitution.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. ) ## 318. Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of illegal gambling or prostitution, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not exceeding six months, or fined not exceeding five hundred dollars ($500), or be punished by both that fine and imprisonment. (Amended by Stats. 1991, Ch. 684, Sec. 2.)
  42. 318.5.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. )

    Verify source ↗

    Counties and cities may adopt ordinances that directly regulate certain exposed-body performances in adult or sexually oriented businesses, and this section does not invalidate those ordinances.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. ) ## 318.5. (a) Nothing in this code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a county or city, if that ordinance directly regulates the exposure of the genitals or buttocks of any person, or the breasts of any female person, who acts as a waiter, waitress, or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to that person to perform the activity, in an adult or sexually oriented business. For purposes of this section, an “adult or sexually oriented business” includes any establishment that regularly features live performances which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person, or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person. (b) The provisions of this section shall not be construed to apply to any adult or sexually oriented business, as defined herein, that has been adjudicated by a court of competent jurisdiction to be, or by action of a local body such as issuance of an adult entertainment establishment license or permit allowing the business to operate on or before July 1, 1998, as, a theater, concert hall, or similar establishment primarily devoted to theatrical performances for purposes of this section. This section shall be known and may be cited as the “Quimby-Walsh Act.” (Amended by Stats. 1998, Ch. 294, Sec. 2. Effective January 1, 1999.)
  43. 318.6.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. )

    Verify source ↗

    This section preserves city and county ordinances regulating certain live performances in adult or sexually oriented businesses, and it excludes some theater-like establishments from the section’s application.

    ## 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 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses [314 - 318.6] ( Heading of Chapter 8 amended by Stats. 1961, Ch. 2147. ) ## 318.6. (a) Nothing in this code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city or county, if that ordinance relates to any live acts, demonstrations, or exhibitions occurring within adult or sexually oriented businesses and involve the exposure of the genitals or buttocks of any participant or the breasts of any female participant, and if that ordinance prohibits an act or acts which are not expressly authorized or prohibited by this code. (b) For purposes of this section, an “adult or sexually oriented business” includes any establishment that regularly features live performances which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person or sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person. (c) The provisions of this section shall not be construed to apply to any adult or sexually oriented business, as defined herein, that has been adjudicated by a court of competent jurisdiction to be, or by action of a local body such as issuance of an adult entertainment establishment license or permit allowing the business to operate on or before July 1, 1998, as, a theater, concert hall, or similar establishment primarily devoted to theatrical performances for purposes of this section. (d) This section shall not be construed to preempt the legislative body of any city or county from regulating an adult or sexually oriented business, or similar establishment, in the manner and to the extent permitted by the United States Constitution and the California Constitution. (Amended by Stats. 1998, Ch. 294, Sec. 3. Effective January 1, 1999.)
  44. 31800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31800 exempts certain loans of unloaded firearms by qualifying dealers at target facilities from subdivision (a) of Section 31615.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31800. Subdivision (a) of Section 31615 does not apply to the loan of an unloaded firearm by a dealer who also operates a target facility that holds a business or regulatory license on the premises of the building designated in the license or whose building designated in the license is on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, to a person at that target facility or that club or organization, 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.)
  45. 31805.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31805 says Section 31615(a) does not apply to certain unloaded-firearm sales, deliveries, or transfers to wholesalers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31805. Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of unloaded firearms to a wholesaler as merchandise in the wholesaler’s business by a manufacturer or importer 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, or by another wholesaler, if the sale, delivery, or transfer is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  46. 31810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31810 lists exceptions to Section 31615 for certain firearm loans to minors.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31810. Subdivision (a) of Section 31615 does not apply to or affect the following circumstances: (a) The loan of a handgun, and commencing January 1, 2015, any firearm, to a minor by the minor’s parent or legal guardian, if both of the following requirements are satisfied: (1) The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (2) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (b) The loan of a handgun, and commencing January 1, 2015, any firearm, to a minor by a person who is not the minor’s parent or legal guardian, if all of the following requirements are satisfied: (1) The minor is accompanied by the minor’s parent or legal guardian when the loan is made, or the minor has the written consent of the minor’s parent or legal guardian, which is presented at the time of the loan, or earlier. (2) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (3) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity or hunting education, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (4) The duration of the loan does not, in any event, exceed 10 days. (Amended by Stats. 2013, Ch. 761, Sec. 38. (SB 683) Effective January 1, 2014.)
  47. 31815.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31815 creates an exception: subdivision (a) of Section 31615 does not apply to certain firearm loans used as props, if specified 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31815. Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following requirements are satisfied: (a) The loan is infrequent, as defined in Section 16730. (b) The firearm is unloaded. (c) The loan is made by a person who is neither a dealer nor a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (d) The loan is made to a person 18 years of age or older. (e) The loan is for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  48. 31820.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    A firearm loan is exempt from Section 31615(a) if the gun is unloaded, the lender is a non-dealer federal firearms licensee, the borrower has a valid entertainment firearms permit, and the gun is used only as a prop in entertainment production or 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31820. (a) Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following requirements are satisfied: (1) The firearm is unloaded. (2) The loan is made by a person who is not a dealer but is a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8. (4) The firearm is loaned for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (b) The person loaning the firearm pursuant to this section shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement. (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. 31825.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    A dealer may loan a firearm only if the firearm is unloaded, the borrower has a valid entertainment firearms permit, and the firearm is used only as a prop in an entertainment production or event; the dealer must keep a photocopy of the permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31825. (a) Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following conditions are satisfied: (1) The firearm is unloaded. (2) The loan is made by a dealer. (3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8. (4) The firearm is loaned solely for use as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (b) The dealer shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement. (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. 31830.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    A licensed person may loan an unloaded firearm to a consultant-evaluator if the loan lasts no more than 45 days, and the consultant-evaluator must provide specified documents at the time of the loan.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31830. (a) Subdivision (a) of Section 31615 does not apply to the loan of an unloaded firearm to a consultant-evaluator by a person licensed pursuant to Sections 26700 to 26915, inclusive, if the loan does not exceed 45 days from the date of delivery. (b) At the time of the loan, the consultant-evaluator shall provide the following information, which the dealer shall retain for two years: (1) A photocopy of a valid, current, government-issued identification to determine the consultant-evaluator’s identity, including, but not limited to, a California driver’s license, identification card, or passport. (2) A photocopy of the consultant-evaluator’s valid, current certificate of eligibility. (3) A letter from the person licensed as an importer, manufacturer, or dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, with whom the consultant-evaluator has a bona fide business relationship. The letter shall detail the bona fide business purposes for which the firearm is being loaned and confirm that the consultant-evaluator is being loaned the firearm as part of a bona fide business relationship. (4) The signature of the consultant-evaluator on a form indicating the date the firearm is loaned and the last day the firearm may be returned. (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. 31833.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31615 does not apply to certain loans of non-handgun, non-semiautomatic-centerfire firearms to a minor if the loan meets specified conditions in Section 27505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31833. (a) Section 31615 does not apply to the loan of a firearm other than a handgun or semiautomatic centerfire rifle to a minor that complies with all of the conditions set forth in paragraph (4) of subdivision (b) of Section 27505. (b) Section 31615 does not apply to the loan of a firearm other than a handgun or semiautomatic centerfire rifle to a minor that complies with all of the conditions set forth in paragraph (5) of subdivision (b) of Section 27505. (Added by Stats. 2021, Ch. 250, Sec. 26. (SB 715) Effective January 1, 2022.)
  52. 31834.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    Section 31615 does not apply to certain firearm sales, deliveries, or transfers involving licensed ammunition importers or manufacturers when the firearms will be used within the scope of the licensee’s licensed 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31834. Section 31615 does not apply to sales, deliveries, or transfers of firearms between or to importers and 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. 27. (SB 715) Effective January 1, 2022.)
  53. 31835.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. )

    Verify source ↗

    This section creates an exception from Section 31615 for certain firearm deliveries, sales, or transfers made by authorized law enforcement representatives, if specified 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 3. Exceptions to Firearm Safety Certificate Requirement [31700 - 31835] ( Heading of Article 3 amended by Stats. 2013, Ch. 761, Sec. 35. ) ## 31835. Subdivision (a) of Section 31615 does not apply to the delivery, sale, or transfer of firearms when made by authorized law enforcement representatives for cities, counties, cities and counties, or of the state or federal government, if all of the following conditions are met: (a) The sale, delivery, or transfer is made to one of the persons or entities identified in subdivision (a) of Section 26620. (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) The sale, delivery, or transfer of the firearm follows the procedures set forth in subdivision (c) of Section 26620. (Added by Stats. 2013, Ch. 738, Sec. 10. (AB 538) Effective January 1, 2014.)
  54. 319.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    This section defines a lottery as a scheme to distribute property by chance to people who paid or promised consideration for the chance.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 319. A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or any interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. (Enacted 1872.)
  55. 319.3.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    This section expands the definition of a lottery to include certain sports trading card grab bag games and defines key terms used for that rule.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 319.3. (a) In addition to Section 319, a lottery also shall include a grab bag game which is a scheme whereby, for the disposal or distribution of sports trading cards by chance, a person pays valuable consideration to purchase a sports trading card grab bag with the understanding that the purchaser has a chance to win a designated prize or prizes listed by the seller as being contained in one or more, but not all, of the grab bags. (b) For purposes of this section, the following definitions shall apply: (1) “Sports trading card grab bag” means a sealed package which contains one or more sports trading cards that have been removed from the manufacturer’s original packaging. A “sports trading card grab bag” does not include a sweepstakes, or procedure for the distribution of any sports trading card of value by lot or by chance, which is not unlawful under other provisions of law. (2) “Sports trading card” means any card produced for use in commerce that contains a company name or logo, or both, and an image, representation, or facsimile of one or more players or other team member or members in any pose, and that is produced pursuant to an appropriate licensing agreement. (Added by Stats. 1994, Ch. 1074, Sec. 3. Effective January 1, 1995.)
  56. 319.5.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    This section says the lottery chapters do not apply to possessing or operating a reverse vending machine, and certain container deposits in such a machine are not consideration for lottery law.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 319.5. Neither this chapter nor Chapter 10 (commencing with Section 330) applies to the possession or operation of a reverse vending machine. As used in this section a reverse vending machine is a machine in which empty beverage containers are deposited for recycling and which provides a payment of money, merchandise, vouchers, or other incentives at a frequency less than upon each deposit. The pay out of a reverse vending machine is made on a deposit selected at random within the designated number of required deposits. The deposit of an empty beverage container in a reverse vending machine does not constitute consideration within the definition of lottery in Section 319. (Added by Stats. 1982, Ch. 456, Sec. 1. Effective July 8, 1982.)
  57. 31900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 4. “Unsafe Handgun” and Related Definitions [31900 - 31910] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines the handgun “drop safety requirement” and requires a certified independent testing laboratory to run the specified drop test on three handguns of the same make and model after the firing requirements are completed.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 4. “Unsafe Handgun” and Related Definitions [31900 - 31910] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31900. As used in this part, the “drop safety requirement for handguns” means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test: (a) A primed case (no powder or projectile) shall be inserted into the chamber. For a pistol, the slide shall be released, allowing it to move forward under the impetus of the recoil spring, and an empty magazine shall be inserted. For both a pistol and a revolver, the weapon shall be placed in a drop fixture capable of dropping the pistol from a drop height of 1m + 1cm (39.4 + 0.4 in.) onto the largest side of a slab of solid concrete having minimum dimensions of 7.5 x 15 x 15 cm (3 x 6 x 6 in.). The drop distance shall be measured from the lowermost portion of the weapon to the top surface of the slab. The weapon shall be dropped from a fixture and not from the hand. The weapon shall be dropped in the condition that it would be in if it were dropped from a hand (cocked with no manual safety applied). If the pistol is designed so that upon leaving the hand a “safety” is automatically applied by the pistol, this feature shall not be defeated. An approved drop fixture is a short piece of string with the weapon attached at one end and the other end held in an air vise until the drop is initiated. (b) The following six drops shall be performed: (1) Normal firing position with barrel horizontal. (2) Upside down with barrel horizontal. (3) On grip with barrel vertical. (4) On muzzle with barrel vertical. (5) On either side with barrel horizontal. (6) If there is an exposed hammer or striker, on the rearmost point of that device, otherwise on the rearmost point of the weapon. (c) The primer shall be examined for indentations after each drop. If indentations are present, a fresh primed case shall be used for the next drop. (d) The handgun shall pass this test if each of the three test guns does not fire the primer. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  58. 31905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 4. “Unsafe Handgun” and Related Definitions [31900 - 31910] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines the handgun firing test and requires manufacturers to supply three unmodified test handguns to a certified laboratory.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 4. “Unsafe Handgun” and Related Definitions [31900 - 31910] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31905. (a) As used in this part, “firing requirement for handguns” means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. These handguns may not be refined or modified in any way from those that would be made available for retail sale if certification is granted. The magazines of a tested pistol shall be identical to those that would be provided with the pistol to a retail customer. (b) The test shall be conducted as follows: (1) The laboratory shall fire 600 rounds from each gun, stopping after each series of 50 rounds has been fired for 5 to 10 minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun in accordance with the manufacturer’s instructions, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing. (2) The ammunition used shall be of the type recommended by the handgun manufacturer in the user manual, or if none is recommended, any standard ammunition of the correct caliber in new condition that is commercially available. (c) A handgun shall pass this test if each of the three test guns meets both of the following: (1) Fires the first 20 rounds without a malfunction that is not due to ammunition that fails to detonate. (2) Fires the full 600 rounds with no more than six malfunctions that are not due to ammunition that fails to detonate and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user. (d) If a pistol or revolver fails the requirements of either paragraph (1) or (2) of subdivision (c) due to ammunition that fails to detonate, the pistol or revolver shall be retested from the beginning of the “firing requirement for handguns” test. A new model of the pistol or revolver that failed due to ammunition that fails to detonate may be submitted for the test to replace the pistol or revolver that failed. (e) As used in this section, “malfunction” means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol’s slide to remain open after the magazine has been expended. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  59. 31910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 4. “Unsafe Handgun” and Related Definitions [31900 - 31910] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “unsafe handgun” and sets firearm-feature rules for certain pistols, including roster-related removal duties for the Department of Justice and 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 4. “Unsafe Handgun” and Related Definitions [31900 - 31910] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 31910. (a) As used in this part, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true: (1) For a revolver: (A) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge. (B) It does not meet the firing requirement for handguns. (C) It does not meet the drop safety requirement for handguns. (2) For a pistol: (A) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. (B) It does not meet the firing requirement for handguns. (C) It does not meet the drop safety requirement for handguns. (D) Commencing July 1, 2022, for all centerfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator. (E) Commencing July 1, 2022, for all centerfire or rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine. (b) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in subparagraphs (D) and (E) of paragraph (2) of subdivision (a) and added to the roster before July 1, 2022. Notwithstanding those subparagraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those subparagraphs. (Amended by Stats. 2023, Ch. 253, Sec. 7. (SB 452) Effective January 1, 2024.)
  60. 32.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 2. OF PARTIES TO CRIME [30 - 33] ( Title 2 enacted 1872. )

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    A person becomes an accessory to a felony if, after the felony is committed, they harbor, conceal, or aid the principal with the intent to help the principal avoid arrest, trial, conviction, or punishment, and they know the principal committed, was charged with, or was convicted of the felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 2. OF PARTIES TO CRIME [30 - 33] ( Title 2 enacted 1872. ) ## 32. Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony. (Amended by Stats. 1935, Ch. 436.)
  61. 320.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

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    A person must not contrive, prepare, set up, propose, or draw any lottery.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 320. Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor. (Enacted 1872.)
  62. 320.5.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

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    This section mostly exempts qualifying raffles from the chapter, but requires eligible organizations to register and report annually and follow limits on how raffles are run.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 320.5. (a) Nothing in this chapter applies to any raffle conducted by an eligible organization as defined in subdivision (c) for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit, eligible organization that performs beneficial or charitable purposes if the raffle is conducted in accordance with this section. (b) For purposes of this section, “raffle” means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, where all of the following are true: (1) Each ticket is sold with a detachable coupon or stub, and both the ticket and its associated coupon or stub are marked with a unique and matching identifier. (2) Winners of the prizes are determined by draw from among the coupons or stubs described in paragraph (1) that have been detached from all tickets sold for entry in the draw. (3) The draw is conducted in California under the supervision of a natural person who is 18 years of age or older. (4) (A) At least 90 percent of the gross receipts generated from the sale of raffle tickets for any given draw are used by the eligible organization conducting the raffle to benefit or provide support for beneficial or charitable purposes, or it may use those revenues to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c). As used in this section, “beneficial purposes” excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. In no event shall funds raised by raffles conducted pursuant to this section be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle. (B) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers’ compensation under Section 3351 of the Labor Code if the following conditions are satisfied: (i) Substantially all of the remuneration (whether or not paid in cash) for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. (ii) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers’ compensation purposes. (C) For purposes of this section, employees selling raffle tickets shall be deemed to be direct sellers as described in Section 650 of the Unemployment Insurance Code as long as they meet the requirements of that section. (c) For purposes of this section, “eligible organization” means a private, nonprofit organization that has been qualified to conduct business in California for at least one year prior to conducting a raffle and is exempt from taxation pursuant to Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code. (d) Any person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. (e) No raffle otherwise permitted under this section may be conducted by means of, or otherwise utilize, any gaming machine, apparatus, or device, whether or not that machine, apparatus, or device meets the definition of slot machine contained in Section 330a, 330b, or 330.1. (f) (1) No raffle otherwise permitted under this section may be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). (2) A raffle may not be operated or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this paragraph, an eligible organization shall not be deemed to operate or conduct a raffle over the Internet, or sell raffle tickets over the Internet, if the eligible organization advertises its raffle on the Internet or permits others to do so. Information that may be conveyed on an Internet Web site pursuant to this paragraph includes, but is not limited to, all of the following: (A) Lists, descriptions, photographs, or videos of the raffle prizes. (B) Lists of the prize winners. (C) The rules of the raffle. (D) Frequently asked questions and their answers. (E) Raffle entry forms, which may be downloaded from the Internet Web site for manual completion by raffle ticket purchasers, but shall not be submitted to the eligible organization through the Internet. (F) Raffle contact information, including the eligible organization’s name, address, telephone number, facsimile number, or e-mail address. (g) No individual, corporation, partnership, or other legal entity shall hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to subdivisions (a) and (b). (h) (1) An eligible organization may not conduct a raffle authorized under this section, unless it registers annually with the Department of Justice. The department shall furnish a registration form via the Internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, the following: (A) The name and address of the eligible organization. (B) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. (C) The name and title of a responsible fiduciary of the organization. (2) The department may require an eligible organization to pay an annual registration fee of ten dollars ($10) to cover the actual costs of the department to administer and enforce this section. The department may, by regulation, adjust the annual registration fee as needed to ensure that revenues willfully offset, but do not exceed, the actual costs incurred by the department pursuant to this section. The fee shall be deposited by the department into the General Fund. (3) The department shall receive General Fund moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. (4) The department shall adopt regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (5) The department shall maintain an automated database of all registrants. Each local law enforcement agency shall notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. The department may audit the records and other documents of a registrant to ensure compliance with this section. (6) Once registered, an eligible organization must file annually thereafter with the department a report that includes the following: (A) The aggregate gross receipts from the operation of raffles. (B) The aggregate direct costs incurred by the eligible organization from the operation of raffles. (C) The charitable or beneficial purposes for which proceeds of the raffles were used, or identify the eligible recipient organization to which proceeds were directed, and the amount of those proceeds. (7) The department shall annually furnish to registrants a form to collect this information. (8) The registration and reporting provisions of this section do not apply to any religious corporation sole or other religious corporation or organization that holds property for religious purposes, to a cemetery corporation regulated under Chapter 19 of Division 3 of the Business and Professions Code, or to any committee as defined in Section 82013 that is required to and does file any statement pursuant to the provisions of Article 2 (commencing with Section 84200) of Chapter 4 of Title 9, or to a charitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code. (i) The department may take legal action against a registrant if it determines that the registrant has violated this section or any regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public’s health, safety, or general welfare. Any action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. (j) Each action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. (k) The Department of Justice shall conduct a study and report to the Legislature by December 31, 2003, on the impact of this section on raffle practices in California. Specifically, the study shall include, but not be limited to, information on whether the number of raffles has increased, the amount of money raised through raffles and whether this amount has increased, whether there are consumer complaints, and whether there is increased fraud in the operation of raffles. (l) This section shall become operative on July 1, 2001. (m) A raffle shall be exempt from this section if it satisfies all of the following requirements: (1) It involves a general and indiscriminate distribution of the tickets. (2) The tickets are offered on the same terms and conditions as the tickets for which a donation is given. (3) The scheme does not require any of the participants to pay for a chance to win. (Amended by Stats. 2009, Ch. 38, Sec. 1. (SB 200) Effective January 1, 2010.)
  63. 320.6.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

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    This section defines certain raffle terms and sets rules for eligible organizations that conduct raffles, including registration, disclosures, payment limits, internet restrictions, reporting, and Department of Justice oversight.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 320.6. (a) For the purposes of this section, the following terms have the following meanings: (1) “Charitable purposes” excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. (2) “Eligible organization” means a private, nonprofit organization established by, or affiliated with, a team from the Major League Baseball, National Hockey League, National Basketball Association, National Football League, Women’s National Basketball Association, or Major League Soccer, or a private, nonprofit organization established by the Professional Golfers’ Association of America, Ladies Professional Golf Association, or National Association for Stock Car Auto Racing that has been qualified to conduct business in California for at least one year before conducting a raffle, is qualified for an exemption under Section 501(c)(3) of the Internal Revenue Code, and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code. (3) “Raffle” means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, in which all of the following are true: (A) Each ticket sold contains a unique and matching identifier. (B) (i) Winners of the prizes are determined by a manual draw from tickets described in subparagraph (A) that have been sold for entry in the manual draw. (ii) An electronic device may be used to sell tickets. The ticket receipt issued by the electronic device to the purchaser may include more than one unique and matching identifier, representative of and matched to the number of tickets purchased in a single transaction. (iii) A random number generator is not used for the manual draw or to sell tickets. (iv) The prize paid to the winner is comprised of one-half or 50 percent of the gross receipts generated from the sale of raffle tickets for a raffle. (C) The manual draw is conducted in California under the supervision of a natural person who meets all of the following requirements: (i) The person is 18 years of age or older. (ii) The person is affiliated with the eligible organization conducting the raffle. (iii) The person is registered with the Department of Justice pursuant to paragraph (4) of subdivision (n). (D) (i) Fifty percent of the gross receipts generated from the sale of raffle tickets for any given manual draw are used by the eligible organization conducting the raffle solely for charitable purposes, or used to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c) of Section 320.5. Funds raised by raffles conducted pursuant to this section shall not be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle if these expenses comply with legal standard of care requirements described in Sections 5231, 7231, and 9241 of the Corporations Code. (ii) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers’ compensation under Section 3351 of the Labor Code if both of the following conditions are satisfied: (I) Substantially all of the remuneration, whether or not paid in cash, for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. (II) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers’ compensation purposes. (iii) For purposes of this section, an employee selling raffle tickets shall be deemed to be a direct seller, as described in Section 650 of the Unemployment Insurance Code, as long as the employee meets the requirements of that section. (b) Notwithstanding Section 320.5, this section applies to an eligible organization. (c) A raffle that is conducted by an eligible organization for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, that performs beneficial or charitable purposes may be conducted in accordance with this section. (d) A person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. (e) A raffle ticket shall not be sold in exchange for Bitcoin or any other cryptocurrency. (f) A raffle that is otherwise permitted under this section shall not be conducted by means of, or otherwise utilize, any gaming machine that meets the definition of slot machine contained in Section 330a, 330b, or 330.1. (g) (1) A raffle otherwise permitted under this section shall not be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). (2) A raffle shall not be operated or conducted in any manner over the internet, nor may raffle tickets be sold, traded, or redeemed over the internet. For purposes of this paragraph, an eligible organization shall not be deemed to operate or conduct a raffle over the internet, or sell raffle tickets over the internet, if the eligible organization advertises its raffle on the internet or permits others to do so. Information that may be conveyed on an internet website pursuant to this paragraph includes, but is not limited to, all of the following: (A) Lists, descriptions, photographs, or videos of the raffle prizes. (B) Lists of the prize winners. (C) The rules of the raffle. (D) Frequently asked questions and their answers. (E) Raffle entry forms, which may be downloaded from the internet website for manual completion by raffle ticket purchasers, but shall not be submitted to the eligible organization through the internet. (F) Raffle contact information, including the eligible organization’s name, address, telephone number, facsimile number, or email address. (h) An individual, corporation, partnership, or other legal entity shall not hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to paragraph (3) of subdivision (a) and subdivision (c). (i) (1) An eligible organization may conduct a major league sports raffle only at a home game, or a championship game if held at the designated venue where an affiliated sports team plays their home games. (2) An eligible organization shall not conduct more than one major league sports raffle per game. (j) An employee shall not sell raffle tickets in any seating area designated as a family section. (k) An eligible organization shall disclose to all ticket purchasers the designated private, nonprofit, eligible organization for which the raffle is being conducted. (l) An eligible organization that conducts a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall distribute all proceeds not paid out to the winners of the prizes to the private, nonprofit organization within 15 days of conducting the raffle, in accordance with this section. (m) Any raffle prize remaining unclaimed by a winner at the end of the season for a team with an affiliated eligible organization that conducted a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall be donated within 30 days from the end of the season by the eligible organization to the designated private, nonprofit organization for which the raffle was conducted. (n) (1) (A) An eligible organization shall not conduct a raffle authorized under this section, unless it has a valid registration issued by the Department of Justice. The department shall furnish a registration form via the internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, all of the following: (i) The name and address of the eligible organization. (ii) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. (iii) The name and title of a responsible fiduciary of the organization. (B) (i) The department may require an eligible organization to pay a minimum annual registration fee of ten thousand dollars ($10,000) to cover the reasonable costs of the department to administer and enforce this section. (ii) An eligible organization shall pay, in addition to the annual registration application fee, two hundred dollars ($200) for every individual raffle conducted at an eligible location to cover the reasonable costs of the department to administer and enforce this section. This fee shall be submitted in conjunction with the annual registration form. (2) (A) A manufacturer or distributor of raffle-related products or services shall not conduct business with an eligible organization for purposes of conducting a raffle pursuant to this section unless the manufacturer or distributor has a valid annual registration issued by the department. (B) The department may require a manufacturer or distributor of raffle-related products or services to pay a minimum annual registration fee of ten thousand dollars ($10,000) to cover the reasonable costs of the department to administer and enforce this section. (3) An eligible organization shall register the equipment used in the sale and distribution of raffle tickets, and shall have the equipment tested by an independent gaming testing lab. (4) (A) A person affiliated with an eligible organization who conducts the manual draw shall annually register with the department. (B) The department may require a person affiliated with an eligible organization who conducts the manual draw to pay a minimum annual registration fee of twenty dollars ($20) to cover the reasonable costs of the department to administer and enforce this section. (5) (A) The department may, by regulation, adjust the annual registration fees described in this section as needed to ensure that revenues will fully offset, but not exceed, the reasonable costs incurred by the department pursuant to this section. The fees shall be deposited by the department into the Major League Sporting Event Raffle Fund, which is hereby created in the State Treasury. (B) A loan is hereby authorized from the General Fund to the Major League Sporting Event Raffle Fund on or after July 1, 2016, in an amount of up to one million five thousand dollars ($1,005,000) to address department workload related to the initial implementation activities relating to this section by the department’s Indian and Gaming Law Section. The terms and conditions of the loan shall first be approved by the Department of Finance pursuant to appropriate fiscal standards. The loan shall be subject to all of the following conditions: (i) Of the total amount loaned, no more than three hundred thirty-five thousand dollars ($335,000) shall be provided annually to the department. (ii) The loan shall be repaid to the General Fund as soon as there is sufficient money in the Major League Sporting Event Raffle Fund to repay the loan, but no later than December 31, 2023. (iii) Interest on the loan shall be paid from the Major League Sporting Event Raffle Fund at the rate accruing to moneys in the Pooled Money Investment Account. (6) The department shall receive moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. (7) The department shall adopt regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (8) The department shall maintain an automated database of all registrants. (9) A local law enforcement agency shall notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. (10) The department may, to the extent the Legislature appropriates funds for this purpose, investigate all suspected violations of this section or any regulation adopted pursuant to this section, or any activity that the registrant has engaged in that is not in the best interests of the public’s health, safety, or general welfare as it pertains to charitable raffles. (11) The department may, to the extent the Legislature appropriates funds for this purpose, audit the records and other documents of a registrant to ensure compliance with this section. (12) Once registered, an eligible organization shall post all of the following information on either its internet website or the affiliated sport team’s internet website for each raffle: (A) The gross receipts generated from the sale of raffle tickets. (B) Each eligible recipient organization and the amount each eligible recipient organization received. (C) The prize total. (D) The winning ticket number and whether the prize was claimed. (13) (A) Once registered, an eligible organization shall file with the department, each season or year thereafter, a report that includes all of the following information: (i) For each raffle, all of the following information: (I) The gross receipts generated from the sale of raffle tickets. (II) Each eligible recipient organization and the amount each eligible recipient organization received. (III) The prize total. (IV) The winning ticket number and whether the prize was claimed. (ii) The total number of raffles conducted for the season or year. (iii) The gross receipts generated from the sale of raffle tickets for the season or year. (iv) The average per raffle gross receipts generated from the sale of raffle tickets for the season or year. (v) The prize total for the season or year, including any prize that was not claimed. (vi) The average per raffle prize total for the season or year, including any prize that was not claimed. (vii) The prize total that was not claimed, if any, during the season or year. For each raffle in which the prize was not claimed, the name of the eligible recipient organization who received the prize. (viii) A schedule of all vendors used to operate the raffles and total payments made to each vendor. (ix) An itemization of the direct costs of conducting the raffles, including labor, raffle equipment, software, marketing, and consulting costs. (B) Failure to timely submit the seasonal or annual report to the department, as required in this paragraph, shall be grounds for denial of an annual registration and for the imposition of penalties under Section 12591.1 of the Government Code. (C) Failure to submit a complete financial report shall be grounds for the denial of an annual registration and for the imposition of penalties under Section 12591.1 of the Government Code if the filer does not resubmit a complete form within 30 days of receiving a notice of incomplete filing. (D) (i) An eligible organization shall file with the department and post on either its internet website or the affiliated sport team’s internet website the report required by this paragraph no later than 60 days after the end of the league season or year. (ii) The department shall post the reports required by this paragraph on its internet website, but shall not post the report on the online search portal of the Attorney General’s Registry of Charitable Trusts maintained pursuant to Section 12584 of the Government Code. (14) The department shall annually furnish to registrants a form to collect this information. (o) The department may take legal action against a registrant if it determines that the registrant has violated this section or a regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public’s health, safety, or general welfare. An action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. (p) An action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant, shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek civil remedies, including imposing fines, for violations of this section, and may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. A violation of this section shall not constitute a crime. (Amended by Stats. 2025, Ch. 584, Sec. 3. (SB 451) Effective January 1, 2026.)
  64. 3200.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of Institution for Women [3200 - 3202] ( Heading of Chapter 1 amended by Stats. 1965, Ch. 238. )

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    The provision continues an संस्था in the State for the punishment, treatment, supervision, custody, and care of females convicted of felonies, to be called the California Institution for Women.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of Institution for Women [3200 - 3202] ( Heading of Chapter 1 amended by Stats. 1965, Ch. 238. ) ## 3200. There is and shall continue to be within the State an institution for the punishment, treatment, supervision, custody and care of females convicted of felonies to be known as “The California Institution for Women.” (Added by Stats. 1941, Ch. 106.)
  65. 32000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section bans most people in California from making, importing, selling, giving, or lending an unsafe handgun, and it adds reporting, storage, and notice requirements for certain exempt handguns.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32000. (a) (1) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. (2) The failure to report to the Department of Justice in accordance with the provisions of paragraph (2) of subdivision (e) the sale or transfer of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b) may be subject to a civil penalty not to exceed ten thousand dollars ($10,000). (3) In addition to any criminal penalty provided in paragraph (1), the unlawful sale or transfer of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b) may be subject to a civil penalty not to exceed ten thousand dollars ($10,000). (b) This section shall not apply to any of the following: (1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015. (2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section. (3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun. (5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code. (6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun for use as a service weapon, if the handgun is sold to, or purchased by, any of the following entities for use by, or sold to or purchased by, sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training (POST) pursuant to Section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months: (A) The Department of Parks and Recreation. (B) The Department of Alcoholic Beverage Control. (C) The Division of Investigation of the Department of Consumer Affairs. (D) The Department of Motor Vehicles. (E) The Fraud Division of the Department of Insurance. (F) The State Department of State Hospitals. (G) The Department of Fish and Wildlife. (H) The State Department of Developmental Services. (I) The Department of Forestry and Fire Protection. (J) A county probation department. (K) The Los Angeles World Airports, as defined in Section 830.15. (L) A K–12 public school district for use by a school police officer, as described in Section 830.32. (M) A municipal water district for use by a park ranger, as described in Section 830.34. (N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35. (O) A county for use by the coroner or the deputy coroner, as described in Section 830.35. (P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36. (Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following: (i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. (ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. (R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2. (S) A California Community College police department, as described in Section 830.32. (T) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles. (U) A local agency employing park rangers described in subdivision (b) of Section 830.31. (V) The Department of Cannabis Control. (7) (A) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities for use as a service weapon by the sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the POST pursuant to Section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months: (i) The California Horse Racing Board. (ii) The State Department of Health Care Services. (iii) The State Department of Public Health. (iv) The State Department of Social Services. (v) The Department of Toxic Substances Control. (vi) The Office of Statewide Health Planning and Development. (vii) The Public Employees’ Retirement System. (viii) The Department of Housing and Community Development. (ix) Investigators of the Department of Financial Protection and Innovation. (x) The Law Enforcement Branch of the Office of Emergency Services. (xi) The California State Lottery. (xii) The Franchise Tax Board. (B) This paragraph does not authorize the sale to, or purchase by, sworn members of the entities specified in subparagraph (A) in a personal capacity. (c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) or (7) of subdivision (b) and a person who is not exempt from the requirements of this section. (2) (A) A person who obtains or has use of an unsafe handgun pursuant to paragraph (6) or (7) of subdivision (b) shall, when leaving the handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view. (B) A violation of subparagraph (A) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000). (C) For purposes of this paragraph, the following definitions shall apply: (i) “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code. (ii) A vehicle is “unattended” when a person who is lawfully carrying or transporting a handgun in the vehicle is not within close proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents. (iii) “Locked container” has the same meaning as defined in Section 16850. (D) Subparagraph (A) does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of their official duties. (E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before January 1, 2017. (d) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654. (e) (1) The Department of Justice shall maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b). This requirement shall apply retroactively to include information in the department’s possession. The department may satisfy this requirement by maintaining this information in any existing firearm database that reasonably facilitates compliance with this subdivision. (2) A person or entity that is in possession of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b), shall notify the department of any sale or transfer of that handgun within 72 hours of the sale or transfer in a manner and format prescribed by the department. This requirement shall be deemed satisfied if the sale or transfer is processed through a licensed firearms dealer pursuant to Section 27545. A sale or transfer accomplished through an exception to Section 27545 is not exempt from this reporting requirement. (3) By no later than March 1, 2021, the department shall provide a notification to persons or entities possessing an unsafe handgun pursuant to paragraph (4), (6), or (7) of subdivision (b) regarding the prohibitions on the sale or transfer of that handgun contained in this section. Thereafter, the department shall, upon notification of sale or transfer, provide the same notification to the purchaser or transferee of any unsafe handgun sold or transferred pursuant to those provisions. (Amended by Stats. 2022, Ch. 452, Sec. 206. (SB 1498) Effective January 1, 2023.)
  66. 32005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain firearm manufacturers and sellers must certify that covered handguns they make, import, keep for sale, or offer for sale are not unsafe handguns.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32005. (a) Every person who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and who manufactures firearms in this state shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person that the person manufactures is not an unsafe handgun as prohibited by Sections 31900 to 32110, inclusive. (b) Every person who imports into the state for sale, keeps for sale, or offers or exposes for sale any firearm shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person that the person imports, keeps, or exposes for sale is not an unsafe handgun as prohibited by Sections 31900 to 32110, inclusive. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  67. 3201.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of Institution for Women [3200 - 3202] ( Heading of Chapter 1 amended by Stats. 1965, Ch. 238. )

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    The institution is to provide custody, care, protection, training, and reformatory help for women confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of Institution for Women [3200 - 3202] ( Heading of Chapter 1 amended by Stats. 1965, Ch. 238. ) ## 3201. The purpose of said institution shall be to provide custody, care, protection, industrial, vocational, and other training, and reformatory help, for women confined therein. (Added by Stats. 1941, Ch. 106.)
  68. 32010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain concealable firearms must be tested by a certified laboratory, and the Department of Justice must certify laboratories and notify manufacturers or importers of the test result.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32010. (a) Any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested within a reasonable period of time by an independent laboratory certified pursuant to subdivision (b) to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person meets or exceeds the standards defined in Section 31910. (b) On or before October 1, 2000, the Department of Justice shall certify laboratories to verify compliance with the standards defined in Section 31910. The department may charge a fee to certify a laboratory to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 31900 to 32110, inclusive. The fee shall not exceed the costs of certification. (c) The certified testing laboratory shall, at the manufacturer’s or importer’s expense, test the firearm and submit a copy of the final test report directly to the Department of Justice along with a prototype of the weapon to be retained by the department. The department shall notify the manufacturer or importer of its receipt of the final test report and the department’s determination as to whether the firearm tested may be sold in this state. (d) (1) Commencing January 1, 2006, no center-fire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it does not have either a chamber load indicator, or a magazine disconnect mechanism if it has a detachable magazine. (2) Commencing January 1, 2007, no center-fire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it does not have both a chamber load indicator and a magazine disconnect mechanism. (3) Commencing January 1, 2006, no rimfire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it has a detachable magazine, and does not have a magazine disconnect mechanism. (Amended by Stats. 2018, Ch. 185, Sec. 11. (AB 2176) Effective January 1, 2019.)
  69. 32015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must maintain a roster of qualifying handguns, and it may charge certain firearm manufacturers and sellers an annual fee tied to roster and program costs.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32015. (a) On and after January 1, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the handguns that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state pursuant to this part. The roster shall list, for each firearm, the manufacturer, model number, and model name. (b) (1) The department may charge every person in this state who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any handgun in this state, an annual fee not exceeding the costs of preparing, publishing, and maintaining the roster pursuant to subdivision (a) and the costs of research and development, report analysis, firearms storage, and other program infrastructure costs necessary to implement Sections 31900 to 32110, inclusive. Commencing January 1, 2015, the annual fee shall be paid on January 1, or the next business day, of every year. (2) Any handgun that is manufactured by a manufacturer who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any handgun in this state, and who fails to pay any fee required pursuant to paragraph (1), may be excluded from the roster. (3) If a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster of not unsafe handguns because of failure to pay the fee required to keep that handgun listed on the roster, the handgun shall be deliverable to the purchaser if the purchaser is not otherwise prohibited from purchasing or possessing the handgun. However, if a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster pursuant to subdivision (d) of Section 32020, the handgun shall not be deliverable to the purchaser. (Amended by Stats. 2013, Ch. 758, Sec. 4. (SB 363) Effective January 1, 2014.)
  70. 3202.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of Institution for Women [3200 - 3202] ( Heading of Chapter 1 amended by Stats. 1965, Ch. 238. )

    Verify source ↗

    In this part of the Penal Code, “State prison” or “prison” includes the California Institution for Women.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Establishment of Institution for Women [3200 - 3202] ( Heading of Chapter 1 amended by Stats. 1965, Ch. 238. ) ## 3202. As used in the sections of this Part 3 of the Penal Code providing for penal offenses and punishments therefor, the term “State prison” or “prison” shall refer to and include the California Institution for Women. (Added by Stats. 1941, Ch. 106.)
  71. 32020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Attorney General may annually retest up to 5% of handgun models on the roster and must follow specified sampling, laboratory, ammunition, testing, and removal rules.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32020. (a) The Attorney General may annually retest up to 5 percent of the handgun models that are listed on the roster described in subdivision (a) of Section 32015. (b) The retesting of a handgun model pursuant to subdivision (a) shall conform to the following: (1) The Attorney General shall obtain from retail or wholesale sources, or both, three samples of the handgun model to be retested. (2) The Attorney General shall select the certified laboratory to be used for the retesting. (3) The ammunition used for the retesting shall be of a type recommended by the manufacturer in the user manual for the handgun. If the user manual for the handgun model makes no ammunition recommendation, the Attorney General shall select the ammunition to be used for the retesting. The ammunition shall be of the proper caliber for the handgun, commercially available, and in new condition. (c) The retest shall be conducted in the same manner as the testing prescribed in Sections 31900 and 31905. (d) If the handgun model fails retesting, the Attorney General shall remove the handgun model from the roster maintained pursuant to subdivision (a) of Section 32015. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  72. 32025.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A handgun model removed from the roster can be put back only if the manufacturer petitions the Attorney General, pays reinstatement testing costs, provides testing history, and the model passes testing; the Attorney General may later retest it.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32025. A handgun model removed from the roster pursuant to subdivision (d) of Section 32020 may be reinstated on the roster if all of the following are met: (a) The manufacturer petitions the Attorney General for reinstatement of the handgun model. (b) The manufacturer pays the Department of Justice for all of the costs related to the reinstatement testing of the handgun model, including the purchase price of the handguns, prior to reinstatement testing. (c) The reinstatement testing of the handguns shall be in accordance with subdivisions (b) and (c) of Section 32020. (d) The three handgun samples shall be tested only once for reinstatement. If the sample fails it may not be retested. (e) If the handgun model successfully passes testing for reinstatement, and if the manufacturer of the handgun is otherwise in compliance with Sections 31900 to 32110, inclusive, the Attorney General shall reinstate the handgun model on the roster maintained pursuant to subdivision (a) of Section 32015. (f) The manufacturer shall provide the Attorney General with the complete testing history for the handgun model. (g) Notwithstanding subdivision (a) of Section 32020, the Attorney General may, at any time, further retest any handgun model that has been reinstated to the roster. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  73. 32030.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A manufacturer asking to list a firearm must give the Department of Justice specified model information and a sworn statement; the department can also require the manufacturer to submit any model for review.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 5. Rules Governing Unsafe Handguns [32000 - 32030] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32030. (a) A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 32015 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features: (1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving. (2) The material from which the grips are made. (3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm. (4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm. (b) Any manufacturer seeking to have a firearm listed under this section shall provide to the Department of Justice all of the following: (1) The model designation of the listed firearm. (2) The model designation of each firearm that the manufacturer seeks to have listed under this section. (3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed firearm. (c) The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  74. 321.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    A person may not sell, give, furnish, or transfer lottery tickets or similar interests to another person; doing so is a misdemeanor.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 321. Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor. (Enacted 1872.)
  75. 32100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates exceptions from the unsafe-handgun rules for certain single-action revolvers and single-shot pistols, and it excludes altered semiautomatic pistols from the single-shot pistol exception.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32100. (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications: (1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled. (3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code. (b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-shot pistol with a break top or bolt action and a barrel length of not less than six inches and that has an overall length of at least 10½ inches when the handle, frame or receiver, and barrel are assembled. However, Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall apply to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode. (Amended by Stats. 2014, Ch. 147, Sec. 1. (AB 1964) Effective January 1, 2015.)
  76. 32103.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section lets certain pistols be submitted for testing and added to the roster without some listed requirements if specified 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32103. (a) A pistol may be submitted for testing described in Section 32010 and added to the roster described in subdivision (a) of Section 32015 without being subject to the requirements of subparagraph (D) or (E) of paragraph (2) of subdivision (a) of Section 31910, or the requirements of subdivision (d) of Section 32010, if all of the following conditions are met: (1) The pistol was listed on the roster, described in subdivision (a) of Section 32015, on January 1, 2026. (2) The pistol was not subject to the requirements of subparagraph (D) or (E) of paragraph (2) of subdivision (a) of Section 31910 because it was submitted for testing before the dates identified in subdivision (d) of Section 32010. (3) The pistol was thereafter only modified to change design features which brought the pistol within the definition of machinegun-convertible pistol in Section 16885. (4) The modified pistol is submitted to an independent certified laboratory for testing pursuant to Article 5 (commencing with Section 32000) of Chapter 4 before January 1, 2027. (b) Any firearm meeting the requirements of this section shall be removed from the roster according to subdivision (b) of Section 31910 on the same timeline as the pistol that appeared on the roster prior to being modified pursuant to this section. (Added by Stats. 2025, Ch. 572, Sec. 7. (AB 1127) Effective January 1, 2026.)
  77. 32105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some Olympic target-shooting and listed competitive pistols are exempt from certain unsafe-handgun articles, and the department must create a program to exempt new competitive firearms models.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32105. (a) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that fall within the definition of “unsafe handgun” pursuant to paragraph (3) of subdivision (b) of Section 31910 shall be exempt, as provided in subdivisions (b) and (c). (b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (a): MANUFACTURERMODELCALIBERANSCHUTZFP.22LRBENELLIMP90.22LRBENELLIMP90.32 S&W LONGBENELLIMP95.22LRBENELLIMP95.32 S&W LONGDRULOVFP.22LRGREENELECTROARM.22LRHAMMERLI100.22LRHAMMERLI101.22LRHAMMERLI102.22LRHAMMERLI162.22LRHAMMERLI280.22LRHAMMERLI280.32 S&W LONGHAMMERLIFP10.22LRHAMMERLIMP33.22LRHAMMERLISP20.22LRHAMMERLISP20.32 S&W LONGMORINICM102E.22LRMORINI22M.22LRMORINI32M.32 S&W LONGMORINICM80.22LRPARDINIGP.22 SHORTPARDINIGPO.22 SHORTPARDINIGP-SCHUMANN.22 SHORTPARDINIHP.32 S&W LONGPARDINIK22.22LRPARDINIMP.32 S&W LONGPARDINIPGP75.22LRPARDINISP.22LRPARDINISPE.22LRSAKOFINMASTER.22LRSTEYRFP.22LRVOSTOKIZH NO. 1.22LRVOSTOKMU55.22LRVOSTOKTOZ35.22LRWALTHERFP.22LRWALTHERGSP.22LRWALTHERGSP.32 S&W LONGWALTHEROSP.22 SHORTWALTHEROSP-2000.22 SHORT(c) The department shall create a program that is consistent with the purpose stated in subdivision (a) to exempt new models of competitive firearms from Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000). The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. (Amended by Stats. 2011, Ch. 296, Sec. 243. (AB 1023) Effective January 1, 2012.)
  78. 32110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says Article 4 and Article 5 do not apply to several listed firearm sales, loans, transfers, deliveries, and returns.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Handguns and Firearm Safety [31500 - 32110] ( Heading of Chapter 4 amended by Stats. 2013, Ch. 761, Sec. 12. ) ## ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 - 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32110. Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following: (a) The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 27545. (b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545. (c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 32000. (d) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purposes of the service or repair of that firearm. (e) The return of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, to its owner where that firearm was initially delivered in the circumstances set forth in subdivision (a), (d), (f), (i), (l), or (m). (f) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purpose of a consignment sale or as collateral for a pawnbroker loan. (g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (h) The sale, loan, or transfer of any semiautomatic pistol that is to be used solely as a prop during the course of a motion picture, television, or video production by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event. (i) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator. (j) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator. (k) The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where it was initially delivered pursuant to subdivision (j). (l) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purposes of storage of that firearm pursuant to Section 26892 or 29830. (m) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, to a person other than the owner pursuant to Section 26892. (Amended by Stats. 2023, Ch. 251, Sec. 10. (SB 368) Effective January 1, 2024.)
  79. 322.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    A person who helps set up, manage, draw, advertise, print, publish, or sell lottery tickets, chances, or shares is guilty of a misdemeanor.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 322. Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. (Enacted 1872.)
  80. 323.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    It is a misdemeanor for any person to open, set up, keep, advertise, or publish a lottery-ticket office or similar place.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 323. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor. (Enacted 1872.)
  81. 32310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section bans many acts involving large-capacity magazines and sets penalties, with limited exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32310. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine. (c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017: (1) Remove the large-capacity magazine from the state; (2) Sell the large-capacity magazine to a licensed firearms dealer; or (3) Surrender the large-capacity magazine to a law enforcement agency for destruction. (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.1.)
  82. 32311.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section bans knowingly making, importing, selling, giving, lending, buying, or receiving a large-capacity magazine conversion kit, with stated exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32311. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310. (b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine. (Added by Stats. 2013, Ch. 728, Sec. 2. (AB 48) Effective January 1, 2014.)
  83. 32315.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may issue permits for certain large-capacity magazine possession, transportation, or sale if good cause is shown.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32315. Upon a showing that good cause exists, the Department of Justice may issue permits for the possession, transportation, or sale between a person licensed pursuant to Sections 26700 to 26915, inclusive, and an out-of-state client, of large-capacity magazines. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  84. 32390.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Large-capacity magazines are treated as a nuisance and are subject to Section 18010, except where two referenced exceptions 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32390. Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any large-capacity magazine is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  85. 324.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    This section makes it a misdemeanor to deal in lottery-related insurance, payments, promises, or notices tied to lottery ticket drawings.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 324. Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this State or not, or who receives any valuable consideration upon any agreement to repay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn, at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action, or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor. (Enacted 1872.)
  86. 32400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain large-capacity magazine transactions by law enforcement agencies for official-duty use.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32400. Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.2.)
  87. 32405.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain large-capacity magazine transactions by sworn peace officers and sworn federal law enforcement officers authorized to carry a firearm in the course of duty.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties. (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.3.)
  88. 32410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to sales, purchases, or possession of large-capacity magazines when the transaction is to or by a person licensed under Sections 26700 to 26915.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32410. Section 32310 does not apply to the sale, purchase, or possession of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive. (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.5.)
  89. 32415.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain loans of a lawfully possessed large-capacity magazine between two individuals if specified 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32415. Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met: (a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition. (b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  90. 32425.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain lending, possession, and return of large-capacity magazines.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32425. Section 32310 does not apply to any of the following: (a) The lending or giving of any large-capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine. (b) The possession of any large-capacity magazine by a person specified in subdivision (a) for the purposes specified in subdivision (a). (c) The return to its owner of any large-capacity magazine by a person specified in subdivision (a). (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.7.)
  91. 32430.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to permit holders who possess, import, or sell large-capacity magazines, so long as they follow the permit’s terms 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32430. Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit. (Amended by Stats. 2016, Ch. 58, Sec. 8. (SB 1446) Effective January 1, 2017.)
  92. 32435.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain large-capacity magazine activities involving armored vehicle businesses and their employees.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32435. Section 32310 does not apply to any of the following: (a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state. (b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business. (c) The possession of any large-capacity magazines by the employees of an entity specified in subdivision (a) for purposes that pertain to the entity’s armored vehicle business. (d) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b). (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.8.)
  93. 32440.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain magazine manufacturing for law-enforcement agencies, sworn peace officers, or export/sales to government or military buyers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32440. Section 32310 does not apply to any of the following: (a) The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. (b) The manufacture of a large-capacity magazine for use by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer’s duties. (c) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  94. 32445.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to loans of large-capacity magazines used solely as props for motion picture, television, or video production.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32445. Section 32310 does not apply to the loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  95. 32450.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A holder of a specified special weapons permit is exempt from Section 32310 when purchasing or possessing a large-capacity magazine, but only for listed 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32450. Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes: (a) For use solely as a prop for a motion picture, television, or video production. (b) For export pursuant to federal regulations. (c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. (Amended November 8, 2016, by initiative Proposition 63, Sec. 6.9.)
  96. 32455.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 32310 does not apply to certain large-capacity magazine transactions and possession during qualifying training enrollment, and the magazine must be removed from the state, sold, or surrendered after the course ends unless another exemption applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 5. Large-Capacity Magazine [32310 - 32455] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32455] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32455. Section 32310 does not apply to the sale, gift, or loan of a large-capacity magazine 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, nor to the possession of, or purchase by, the person, for purposes of participation in the course during his or her period of enrollment. Upon completion of the course the large-capacity magazine shall be removed from the state, sold to a licensed firearms dealer, or surrendered to a law enforcement agency, unless another exemption to Section 32310 applies. (Added by Stats. 2017, Ch. 783, Sec. 4. (AB 693) Effective October 14, 2017.)
  97. 325.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    Property and money offered for illegal lottery sales are forfeited to the state, and the Attorney General or a district attorney may recover them. After an information or complaint is filed, the court clerk must issue an attachment against the property named in it.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 325. All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state, and may be recovered by information filed, or by an action brought by the Attorney General, or by any district attorney, in the name of the state. Upon the filing of the information or complaint, the clerk of the court must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property, and is issued in the same manner as attachments issued from the superior courts in civil cases. (Amended by Stats. 1977, Ch. 1257.)
  98. 326.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    A person must not let or allow a building or vessel to be used for lottery activities when they know that is the intended use.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 326. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor. (Enacted 1872.)
  99. 326.5.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    This section allows certain local-authority bingo games only if they follow specific limits and charitable-use rules, and it bans several forms of payment, participation, equipment use, and prize amounts.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 326.5. (a) Neither the prohibition on gambling in this chapter nor in Chapter 10 (commencing with Section 330) applies to any bingo game that is conducted in a city, county, or city and county pursuant to an ordinance enacted under Section 19 of Article IV of the State Constitution, if the ordinance allows games to be conducted only in accordance with this section and only by organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and Taxation Code and by mobilehome park associations, senior citizens organizations, and charitable organizations affiliated with a school district; and if the receipts of those games are used only for charitable purposes. (b) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in subdivisions (j) and (k). (c) A violation of subdivision (b) shall be punishable by a fine not to exceed ten thousand dollars ($10,000), which fine is deposited in the general fund of the city, county, or city and county that enacted the ordinance authorizing the bingo game. A violation of any provision of this section, other than subdivision (b), is a misdemeanor. (d) The city, county, or city and county that enacted the ordinance authorizing the bingo game may bring an action to enjoin a violation of this section. (e) Minors shall not be allowed to participate in any bingo game. (f) An organization authorized to conduct bingo games pursuant to subdivision (a) shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization. (g) All bingo games shall be open to the public, not just to the members of the authorized organization. (h) A bingo game shall be operated and staffed only by members of the authorized organization that organized it. Those members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game. (i) Any individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall not hold a financial interest in the conduct of a bingo game. (j) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Those profits shall be used only for charitable purposes. (k) With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations not within subdivision (j). Those proceeds shall be used only for charitable purposes, except as follows: (1) The proceeds may be used for prizes. (2) (A) Except as provided in subparagraph (C), the portion of the proceeds that may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel shall be the lower of either of the following: (i) Twenty percent of the proceeds before the deduction for prizes. (ii) Beginning January 1, 2025, three thousand dollars ($3,000) per month, increased annually by the annual average percentage in the Consumer Price Index for the preceding calendar year. (B) For the purposes of this subdivision, the term “Consumer Price Index” means the California Consumer Price Index for all Urban Consumers published by the Department of Industrial Relations. (C) For the purposes of bingo games conducted by the Lake Elsinore Elks Lodge, a portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or three thousand dollars ($3,000) per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel. Any amount of the proceeds that is additional to that permitted under subparagraph (A), up to one thousand dollars ($1,000), shall be used for the purpose of financing the rebuilding of the facility and the replacement of equipment that was destroyed by fire in 2007. The exception to subparagraph (A) that is provided by this subparagraph shall remain in effect only until the cost of rebuilding the facility is repaid, or January 1, 2019, whichever occurs first. (3) The proceeds may be used to pay license fees. (4) A city, county, or city and county that enacts an ordinance permitting bingo games may specify in the ordinance that if the monthly gross receipts from bingo games of an organization within this subdivision exceed five thousand dollars ($5,000), a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and that the balance shall be used for prizes, rental of property, overhead, administrative expenses, and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in paragraph (2). (l) (1) A city, county, or city and county may impose a license fee on each organization that it authorizes to conduct bingo games. The fee, whether for the initial license or renewal, shall not exceed fifty dollars ($50) annually, except as provided in paragraph (2). If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (2) In lieu of the license fee permitted under paragraph (1), a city, county, or city and county may impose a license fee of fifty dollars ($50) paid upon application. If an application for a license is denied, one-half of the application fee shall be refunded to the organization. An additional fee for law enforcement and public safety costs incurred by the city, county, or city and county that are directly related to bingo activities may be imposed and shall be collected monthly by the city, county, or city and county issuing the license; however, the fee shall not exceed the actual costs incurred in providing the service. (m) A person shall not be allowed to participate in a bingo game, unless the person is physically present at the time and place where the bingo game is being conducted. (n) The total value of prizes available to be awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500) in cash or kind, or both, for each separate game which is held. (o) As used in this section, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession and that conform to numbers or symbols, selected at random and announced by a live caller. Notwithstanding Section 330c, as used in this section, the game of bingo includes tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. Electronics or video displays shall not be used in connection with the game of bingo, except in connection with the caller’s drawing of numbers or symbols and the public display of that drawing, and except as provided in subdivision (p). The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.” Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize. It is the intention of the Legislature that bingo as defined in this subdivision applies exclusively to this section and shall not be applied in the construction or enforcement of any other provision of law. (p) (1) Players who are physically present at a bingo game may use hand-held, portable card-minding devices, as described in this subdivision, to assist in monitoring the numbers or symbols announced by a live caller as those numbers or symbols are called in a live game. Card-minding devices may not be used in connection with any game where a bingo card may be sold or distributed after the start of the ball draw for that game. A card-minding device shall do all of the following: (A) Be capable of storing in the memory of the device bingo faces of tangible cards purchased by a player. (B) Provide a means for bingo players to input manually each individual number or symbol announced by a live caller. (C) Compare the numbers or symbols entered by the player to the bingo faces previously stored in the memory of the device. (D) Identify winning bingo patterns that exist on the stored bingo faces. (2) A card-minding device shall perform no functions involving the play of the game other than those described in paragraph (1). Card-minding devices shall not do any of the following: (A) Be capable of accepting or dispensing any coins, currency, or other representative of value or on which value has been encoded. (B) Be capable of monitoring any bingo card face other than the faces of the tangible bingo card or cards purchased by the player for that game. (C) Display or represent the game result through any means, including, but not limited to, video or mechanical reels or other slot machine or casino game themes, other than highlighting the winning numbers or symbols marked or covered on the tangible bingo cards or giving an audio alert that the player’s card has a prize-winning pattern. (D) Determine the outcome of any game or be physically or electronically connected to any component that determines the outcome of a game or to any other bingo equipment, including, but not limited to, the ball call station, or to any other card-minding device. No other player-operated or player-activated electronic or electromechanical device or equipment is permitted to be used in connection with a bingo game. (Amended by Stats. 2025, Ch. 76, Sec. 5. (SB 860) Effective January 1, 2026.)
  100. 32610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [32610- 32610.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says the chapter does not apply to certain machinegun sales, purchases, or possession by specified law enforcement, corrections, and military entities, and it also exempts certain full-time peace officers when acting on duty within the scope of their duties.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions [32610- 32610.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32610. Nothing in this chapter shall affect or apply to any of the following: (a) The sale to, purchase by, or possession of machineguns by a police department, a sheriff’s office, a marshal’s office, a district attorney’s office, the California Highway Patrol, the Department of Justice, the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the discharge of their official duties, provided, however, that any sale to these entities be transacted by a person who is permitted pursuant to Section 32650 and licensed pursuant to Article 4 (commencing with Section 32700). (b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff’s office, marshal’s office, district attorney’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, when on duty and if the use is within the scope of their duties. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  101. 32625.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Machineguns [32625- 32625.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section makes it a crime to possess, knowingly transport, convert, sell, offer for sale, or knowingly manufacture a machinegun in this state unless authorized by the chapter.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Unlawful Acts Relating to Machineguns [32625- 32625.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32625. (a) Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) Any person, firm, or corporation who within this state intentionally converts a firearm into a machinegun, or who sells, or offers for sale, or knowingly manufactures a machinegun, except as authorized by this chapter, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years. (Amended by Stats. 2011, Ch. 15, Sec. 553. (AB 109) Effective April 4, 2011. Amendment operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  102. 32650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may issue machinegun permits if good cause is shown, but not to anyone under 18; possession permits may be issued only to individuals.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32650. (a) The Department of Justice may issue permits for the possession, manufacture, and transportation or possession, manufacture, or transportation of machineguns, upon a satisfactory showing that good cause exists for the issuance of the permit to the applicant. No permit shall be issued to a person who is under 18 years of age. (b) A permit for possession issued pursuant to this section may only be issued to an individual, and may not be issued to a partnership, corporation, limited liability company, association, or any other group or entity, regardless of how that entity was created. (Amended by Stats. 2013, Ch. 729, Sec. 4. (AB 170) Effective January 1, 2014.)
  103. 32655.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Permit applicants must submit a written, signed application with required business details and pay a DOJ-set fee; permits may be renewed yearly with a renewal application and fee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32655. (a) An application for a permit under this article shall satisfy all of the following conditions: (1) It shall be filed in writing. (2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation. (3) It shall state the applicant’s name. (4) It shall state the business in which the applicant is engaged. (5) It shall state the applicant’s business address. (6) It shall include a full description of the use to which the firearms are to be put. (b) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice. (c) Each applicant for a permit 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. (d) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, which shall not exceed the application processing costs of the Department of Justice. (e) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  104. 32660.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Permit holders under this article must keep the permit on their person or where the firearms are kept, and must let the permit be inspected by a peace officer or another person designated by the issuing 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32660. Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the firearms are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  105. 32665.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The issuing authority may revoke a permit at any time if the need for the firearms has ended, the permit holder used the firearms for other purposes, or the holder did not take great care in keeping custody of the weapons.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32665. A permit issued in accordance with this chapter may be revoked by the issuing authority at any time, when it appears that the need for the firearms has ceased or that the holder of the permit has used the firearms for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under 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.)
  106. 32670.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must inspect certain machinegun-permit holders, generally every year, for security, safe storage, and inventory reconciliation, with a five-year inspection cycle for smaller inventories unless the department chooses more frequent inspections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Permits [32650 - 32670] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32670. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of machineguns. (b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department. (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. 327.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

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    It is a public offense to contrive, prepare, set up, propose, or operate an endless chain, and the person may be punished 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 327. Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a public offense, and is punishable by imprisonment in the county jail not exceeding one year or in state prison for 16 months, two, or three years. As used in this section, an “endless chain” means any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme or for the chance to receive compensation when a person introduced by the participant introduces a new participant. Compensation, as used in this section, does not mean or include payment based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme. (Amended by Stats. 1989, Ch. 436, Sec. 2.)
  108. 32700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may license machinegun sales, but the licensee must follow conditions on location, display, delivery, and sales records.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32700. The Department of Justice may grant a license to permit the sale of machineguns at the place specified in the license, subject to all of the following conditions: (a) The business shall be carried on only in the place designated in the license. (b) The license or a certified copy of the license must be displayed on the premises in a place where it may easily be read. (c) No machinegun shall be delivered to any person not authorized to receive the machinegun under the provisions of this chapter. (d) A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the descriptions and serial numbers of the weapons purchased, the number and date of issue of the purchaser’s permit, if any, and the signature of the purchaser or purchasing agent. This record shall be open to the inspection of any peace officer or other person designated by the Attorney General. (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. 32705.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A license application under this article must meet several filing and content 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32705. An application for a license under this article shall satisfy all of the following conditions: (a) It shall be filed in writing. (b) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation. (c) It shall state the applicant’s name. (d) It shall state the business in which the applicant is engaged. (e) It shall state the applicant’s business address. (f) It shall include a full description of the use to which the firearms are to be put. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  110. 32710.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Applications and licenses under this article must use statewide uniform forms prescribed by the Department of Justice, and any license is valid for no more than one year from issuance.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32710. (a) Applications and licenses under this article shall be uniform throughout the state, on forms prescribed by the Department of Justice. (b) A license under this article shall be effective for not more than one year from the date of issuance. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  111. 32715.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Applicants for a machinegun-selling license must pay a DOJ-determined fee when they apply, and the fee cannot exceed the DOJ’s processing costs.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32715. (a) Each applicant for a license under this article 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. (b) A license granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a license renewal fee, which shall not exceed the application processing costs of the Department of Justice. (c) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  112. 32720.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    If any condition in Section 32700 is breached, the license issued under this article must be 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Licenses to Sell Machineguns [32700 - 32720] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32720. Upon breach of any of the conditions stated in Section 32700, a license under this article shall be revoked. (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. 32750.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Machinegun Constituting Nuisance [32750- 32750.] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Possessing a machinegun in violation of this chapter is a public nuisance; officials may seek an injunction, and violative machineguns must be surrendered to the Department of Justice and destroyed unless a qualifying certificate is filed.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Machineguns [32610 - 32750] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Machinegun Constituting Nuisance [32750- 32750.] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32750. (a) It shall be a public nuisance to possess any machinegun in violation of this chapter. (b) The Attorney General, any district attorney, or any city attorney may bring an action before the superior court to enjoin the possession of any machinegun in violation of this chapter. (c) Any machinegun found to be in violation of this chapter shall be surrendered to the Department of Justice. The department shall destroy the machinegun so as to render it unusable and unrepairable as a machinegun, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the machinegun is necessary to serve the ends of justice. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  114. 328.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    This section carves out several lottery-related activities from unlawfulness under this chapter, including certain out-of-state lottery advertising, material sales, and California-based equipment used for authorized out-of-state lottery games.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 328. (a) This chapter does not make unlawful the printing or other production of any advertisements for, or any ticket, chance, or share in a lottery conducted in any other state or nation where such lottery is not prohibited by the laws of such state or nation; or the sale of such materials by the manufacturer thereof to any person or entity conducting or participating in the conduct of such a lottery in any such state or nation. (b) This chapter does not make unlawful the placement or operation of, or communication to and from, equipment located in the State of California associated with the hosting of lottery games duly authorized by another state or jurisdiction provided that persons wagering on those games are required by the laws or regulations of the other state or jurisdiction to be physically located within the geographic bounds of that other state or jurisdiction at the time the wager is initiated or placed. (c) This section does not authorize any advertisement within California relating to lotteries, the sale or resale within California of lottery tickets, chances, or shares to individuals, or acts otherwise in violation of any laws of the state. (Amended by Stats. 2024, Ch. 496, Sec. 1. (SB 1523) Effective January 1, 2025.)
  115. 329.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. )

    Verify source ↗

    In a trial for violating this chapter, the prosecution does not have to prove that a lottery existed or that a ticket was actually signed or issued by authorized managers; proof that a ticket, share, or related instrument was sold, furnished, bartered, or procured can serve as evidence of issuance.

    ## 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 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) ## 329. Upon a trial for the violation of any of the provisions of this chapter, it is not necessary to prove the existence of any lottery in which any lottery ticket purports to have been issued, or to prove the actual signing of any such ticket or share, or pretended ticket or share, of any pretended lottery, nor that any lottery ticket, share, or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases proof of the sale, furnishing, bartering, or procuring of any ticket, share, or interest therein, or of any instrument purporting to be a ticket, or part or share of any such ticket, is evidence that such share or interest was signed and issued according to the purport thereof. (Added by Stats. 1989, Ch. 897, Sec. 19.)
  116. 32900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Multiburst Trigger Activator [32900 - 32990] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for a cross-referenced exception, a person in this state may not manufacture, import, keep for sale, offer or expose for sale, give, lend, or possess a multiburst trigger activator.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Multiburst Trigger Activator [32900 - 32990] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32900. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any multiburst trigger activator is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 108. (SB 1023) Effective June 27, 2012.)
  117. 32990.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Multiburst Trigger Activator [32900 - 32990] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A multiburst trigger activator is treated as a nuisance unless an exception in Chapter 1 of Division 2 of Title 2 applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 7. Multiburst Trigger Activator [32900 - 32990] ( Chapter 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 32990. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any multiburst trigger activator is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  118. 33.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 2. OF PARTIES TO CRIME [30 - 33] ( Title 2 enacted 1872. )

    Verify source ↗

    An accessory is punishable, unless a different punishment is prescribed, by a fine up to $5,000, imprisonment, county jail up to one year, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 2. OF PARTIES TO CRIME [30 - 33] ( Title 2 enacted 1872. ) ## 33. Except in cases where a different punishment is prescribed, an accessory is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 232. (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.)
  119. 330.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    It is prohibited for any person to operate, run, or bet on certain listed gambling games for value; doing so is a misdemeanor.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330. Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Amended by Stats. 1991, Ch. 71, Sec. 1.)
  120. 330.1.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    It is a misdemeanor to make, keep, sell, transport, offer, or otherwise deal with defined slot machines or devices, and violators face fines and possible county jail time.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.1. (a) Every person who manufactures, owns, stores, keeps, possesses, sells, rents, leases, lets on shares, lends or gives away, transports, or exposes for sale or lease, or offers to sell, rent, lease, let on shares, lend or give away or who permits the operation of or permits to be placed, maintained, used, or kept in any room, space, or building owned, leased, or occupied by him or her or under his or her management or control, any slot machine or device as hereinafter defined, and every person who makes or permits to be made with any person any agreement with reference to any slot machine or device as hereinafter defined, pursuant to which agreement the user thereof, as a result of any element of hazard or chance, may become entitled to receive anything of value or additional chance or right to use that slot machine or device, or to receive any check, slug, token, or memorandum, whether of value or otherwise, entitling the holder to receive anything of value, is guilty of a misdemeanor. (b) A first violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (c) A second offense shall be punishable by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (d) A third or subsequent offense shall be punishable by a fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (e) If the offense involved more than one machine or more than one location, an additional fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) shall be imposed per machine and per location. (f) A slot machine or device within the meaning of Sections 330.1 to 330.5, inclusive, of this code is one that is, or may be, used or operated in such a way that, as a result of the insertion of any piece of money or coin or other object the machine or device is caused to operate or may be operated or played, mechanically, electrically, automatically, or manually, and by reason of any element of hazard or chance, the user may receive or become entitled to receive anything of value or any check, slug, token, or memorandum, whether of value or otherwise, which may be given in trade, or the user may secure additional chances or rights to use such machine or device, irrespective of whether it may, apart from any element of hazard or chance, also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. (Amended by Stats. 2011, Ch. 296, Sec. 202. (AB 1023) Effective January 1, 2012.)
  121. 330.11.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A controlled game is excluded from the definition of a banking game or banked game if its rules meet specific rotation, wager, and bank-preclusion conditions, and the house may not occupy the player-dealer position.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.11. “Banking game” or “banked game” does not include a controlled game if the published rules of the game feature a player-dealer position and provide that this position must be continuously and systematically rotated amongst each of the participants during the play of the game, ensure that the player-dealer is able to win or lose only a fixed and limited wager during the play of the game, and preclude the house, another entity, a player, or an observer from maintaining or operating as a bank during the course of the game. For purposes of this section it is not the intent of the Legislature to mandate acceptance of the deal by every player if the division finds that the rules of the game render the maintenance of or operation of a bank impossible by other means. The house shall not occupy the player-dealer position. (Amended by Stats. 2001, Ch. 941, Sec. 2. Effective January 1, 2002.)
  122. 330.2.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    For Sections 330.1 to 330.5, a “thing of value” includes money, checks, chips, credits, merchandise, property, and similar items or value representatives.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.2. As used in Sections 330.1 to 330.5, inclusive, of this code a “thing of value” is defined to be any money, coin, currency, check, chip, allowance, token, credit, merchandise, property, or any representative of value. (Added by Stats. 1950, 1st Ex. Sess., Ch. 18.)
  123. 330.3.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Certain officers may seize slot machines or devices, and the seized items and related money must then be handled as Section 335a provides.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.3. In addition to any other remedy provided by law any slot machine or device may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code, and in such cases shall be disposed of, together with any and all money seized in or in connection with such machine or device, as provided in Section 335a of the Penal Code. (Added by Stats. 1950, 1st Ex. Sess., Ch. 18.)
  124. 330.4.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section forbids possessing or controlling a slot machine or device, and makes it a misdemeanor to allow one to be placed or kept in premises you own, lease, occupy, manage, or control.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.4. It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise of any slot machine or device, as defined in Section 330.1 of this code, is prohibited and penalized by the provisions of Sections 330.1 to 330.5, inclusive, of this code. It is specifically declared that every person who permits to be placed, maintained or kept in any room, space, enclosure, or building owned, leased or occupied by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any slot machine or device, as defined in Section 330.1 of this code, is guilty of a misdemeanor and punishable as provided in Section 330.1 of this code. It is further declared that the provisions of this section specifically render any slot machine or device as defined in Section 330.1 of this code subject to confiscation as provided in Section 335a of this code. (Added by Stats. 1950, 1st Ex. Sess., Ch. 18.)
  125. 330.5.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section says certain machines are not covered by Sections 330.1 to 330.4, including vending machines that give the purchaser exactly what is bought and pinball or other amusement devices that are mainly games of skill.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.5. It is further expressly provided that Sections 330.1 to 330.4, inclusive, of this code shall not apply to music machines, weighing machines and machines which vend cigarettes, candy, ice cream, food, confections or other merchandise, in which there is deposited an exact consideration and from which in every case the customer obtains that which he purchases; and it is further expressly provided that with respect to the provisions of Sections 330.1 to 330.4, inclusive, only, of this code, pin ball, and other amusement machines or devices which are predominantly games of skill, whether affording the opportunity of additional chances or free plays or not, are not intended to be and are not included within the term slot machine or device as defined within Sections 330.1 to 330.4, inclusive, of this code. (Added by Stats. 1950, 1st Ex. Sess., Ch. 18.)
  126. 330.6.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Sections 330.1 to 330.5 do not apply to slot machines or devices on a vessel regularly operated in interstate or foreign commerce, if they are kept in a locked compartment, not accessible for use, and not used or operated in California territory.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.6. The provisions of Sections 330.1 to 330.5, inclusive, of this code, with respect to owning, storing, keeping, possessing, or transporting any slot machine or device as therein defined, shall not apply to any slot machine or device as therein defined, located upon or being transported by any vessel regularly operated and engaged in interstate or foreign commerce, so long as such slot machine or device is located in a locked compartment of the vessel, is not accessible for use and is not used or operated within the territorial jurisdiction of this State. (Added by Stats. 1950, 1st Ex. Sess., Ch. 18.)
  127. 330.7.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A defendant in a slot-machine prosecution can use an antique-slot-machine defense if the machine is over 25 years old and was not used for gambling while in the defendant’s possession.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.7. (a) It shall be a defense to any prosecution under this chapter relating to slot machines, as defined in subdivision (d) of Section 330b, if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant’s possession. For the purposes of this section, the term “antique slot machine” means a slot machine that is over 25 years of age. (b) Notwithstanding Section 335a, whenever the defense provided by subdivision (a) is offered, no slot machine seized from a defendant shall be destroyed or otherwise altered until after a final court determination that the defense is not applicable. If the defense is applicable, the machine shall be returned pursuant to provisions of law providing for the return of property. (c) It is the purpose of this section to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes because of their aesthetic interest and importance in California history. (Amended by Stats. 2004, Ch. 183, Sec. 268. Effective January 1, 2005.)
  128. 330.8.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Certain gambling-device activities are permitted only for registered persons and only for interstate or foreign commerce that is not prohibited by federal law.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.8. Notwithstanding Sections 330a, 330b, and 330.1 to 330.5, inclusive, the sale, transportation, storage, and manufacture of gambling devices, as defined in Section 330.1, including the acquisition of essential parts therefor and the assembly of such parts, is permitted, provided those devices are sold, transported, stored, and manufactured only for subsequent transportation in interstate or foreign commerce when that transportation is not prohibited by any applicable federal law. Those activities may be conducted only by persons who have registered with the United States government pursuant to Chapter 24 (commencing with Section 1171) of Title 15 of the United States Code, as amended. Those gambling devices shall not be displayed to the general public or sold for use in California regardless of where purchased, nor held nor manufactured in violation of any applicable federal law. A violation of this section is a misdemeanor. (Amended by Stats. 1987, Ch. 828, Sec. 18.5.)
  129. 330.9.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Any person may transport and possess a slot machine or device for display at a trade show, conference, or convention in the state, or as a prop for film, television, or video production, if the device is made inoperable or set to demonstration mode.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330.9. (a) Notwithstanding Sections 330a, 330b, 330.1 to 330.5, inclusive, or any other provision of law, it shall be lawful for any person to transport and possess any slot machine or device for display at a trade show, conference, or convention being held within this state, or if used solely as a prop for a motion picture, television, or video production. (b) Subdivision (a) shall apply only if the slot machine or device is adjusted to render the machine or device inoperable, or if the slot machine or device is set on demonstration mode. (c) This section is intended to constitute a state exemption as provided in Section 1172 of Title 15 of the United States Code. (d) For purposes of this section: (1) “Demonstration mode” means that the programming or settings of a slot machine or device have been programmed, set, or selected to operate normally, but to not accept or pay out cash or any other consideration. (2) “Slot machine or device” has the same meaning as “slot machine or device” as defined in Section 330.1, or “gambling device” as defined in paragraph (1) of subsection (a) of Section 1171 of Title 15 of the United States Code. (Amended by Stats. 2005, Ch. 546, Sec. 2. Effective January 1, 2006.)
  130. 330a

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section makes it a misdemeanor to possess, control, or allow certain gambling devices or dice in a room or building, and sets fines and possible jail time for violations.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330a. (a) Every person, who has in his or her possession or under his or her control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained, or kept in any room, space, inclosure, or building owned, leased, or occupied by him or her, or under his or her management or control, any slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any coins, checks, slugs, balls, or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which any merchandise, money, representative or articles of value, checks, or tokens, redeemable in or exchangeable for money or any other thing of value, is won or lost, or taken from or obtained from the machine, when the result of action or operation of the machine, contrivance, appliance, or mechanical device is dependent upon hazard or chance, and every person, who has in his or her possession or under his or her control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained, or kept in any room, space, inclosure, or building owned, leased, or occupied by him or her, or under his or her management or control, any card dice, or any dice having more than six faces or bases each, upon the result of action of which any money or other valuable thing is staked or hazarded, or as a result of the operation of which any merchandise, money, representative or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of the dice is dependent upon hazard or chance, is guilty of a misdemeanor. (b) A first violation of this section shall be punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (c) A second offense shall be punishable by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (d) A third or subsequent offense shall be punishable by a fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (e) If the offense involved more than one machine or more than one location, an additional fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) shall be imposed per machine and per location. (Amended by Stats. 2010, Ch. 577, Sec. 1. (AB 1753) Effective January 1, 2011.)
  131. 330b

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section makes it unlawful to deal in, operate, or arrange agreements about slot machines or devices, with limited exceptions.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330b. (a) It is unlawful for any person to manufacture, repair, own, store, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer to repair, sell, rent, lease, let on shares, lend or give away, or permit the operation, placement, maintenance, or keeping of, in any place, room, space, or building owned, leased, or occupied, managed, or controlled by that person, any slot machine or device, as defined in this section. It is unlawful for any person to make or to permit the making of an agreement with another person regarding any slot machine or device, by which the user of the slot machine or device, as a result of the element of hazard or chance or other unpredictable outcome, may become entitled to receive money, credit, allowance, or other thing of value or additional chance or right to use the slot machine or device, or to receive any check, slug, token, or memorandum entitling the holder to receive money, credit, allowance, or other thing of value. (b) The limitations of subdivision (a), insofar as they relate to owning, storing, possessing, or transporting any slot machine or device, do not apply to any slot machine or device located upon or being transported by any vessel regularly operated and engaged in interstate or foreign commerce, so long as the slot machine or device is located in a locked compartment of the vessel, is not accessible for use, and is not used or operated within the territorial jurisdiction of this state. (c) The limitations of subdivision (a) do not apply to a manufacturer’s business activities that are conducted in accordance with the terms of a license issued by a tribal gaming agency pursuant to the tribal-state gaming compacts entered into in accordance with the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.). (d) For purposes of this section, “slot machine or device” means a machine, apparatus, or device that is adapted, or may readily be converted, for use in a way that, as a result of the insertion of any piece of money or coin or other object, or by any other means, the machine or device is caused to operate or may be operated, and by reason of any element of hazard or chance or of other outcome of operation unpredictable by him or her, the user may receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or additional chance or right to use the slot machine or device, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value, or which may be given in trade, irrespective of whether it may, apart from any element of hazard or chance or unpredictable outcome of operation, also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. (e) Every person who violates this section is guilty of a misdemeanor. (1) A first violation of this section shall be punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (2) A second offense shall be punishable by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (3) A third or subsequent offense shall be punishable by a fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (4) If the offense involved more than one machine or more than one location, an additional fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) shall be imposed per machine and per location. (f) Pinball and other amusement machines or devices, which are predominantly games of skill, whether affording the opportunity of additional chances or free plays or not, are not included within the term slot machine or device, as defined in this section. (Amended by Stats. 2010, Ch. 577, Sec. 2. (AB 1753) Effective January 1, 2011.)
  132. 330c

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A punchboard is defined as a slot machine or device and is subject to Section 330b.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 330c. A punchboard as hereinafter defined is hereby declared to be a slot machine or device within the meaning of Section 330b of this code and shall be subject to the provisions thereof. For the purposes of this section, a punchboard is any card, board or other device which may be played or operated by pulling, pressing, punching out or otherwise removing any slip, tab, paper or other substance therefrom to disclose any concealed number, name or symbol. (Added by Stats. 1953, Ch. 379.)
  133. 331.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person may be punished if they knowingly allow certain gaming to be played, conducted, or dealt in a house they own or rent, even partly.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 331. Every person who knowingly permits any of the games mentioned in Sections 330 and 330a to be played, conducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in Sections 330 and 330a. (Amended by Stats. 1987, Ch. 828, Sec. 19.)
  134. 332.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person who uses three-card monte or similar tricks to fraudulently get money or property from someone else can be punished like larceny, with a capped 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 332. (a) Every person who by the game of “three card monte,” so-called, or any other game, device, sleight of hand, pretensions to fortune telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any play or game, fraudulently obtains from another person money or property of any description, shall be punished as in the case of larceny of property of like value for the first offense, except that the fine may not exceed more than five thousand dollars ($5,000). A second offense of this section is punishable, as in the case of larceny, except that the fine shall not exceed ten thousand dollars ($10,000), or both imprisonment and fine. (b) For the purposes of this section, “fraudulently obtains” includes, but is not limited to, cheating, including, for example, gaining an unfair advantage for any player in any game through a technique or device not sanctioned by the rules of the game. (c) For the purposes of establishing the value of property under this section, poker chips, tokens, or markers have the monetary value assigned to them by the players in any game. (Amended by Stats. 2005, Ch. 546, Sec. 3. Effective January 1, 2006.)
  135. 33210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person generally may not manufacture, import, keep for sale, offer for sale, give, lend, or possess a short-barreled rifle or short-barreled shotgun, except as expressly allowed by the cited 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33210. Except as expressly provided in Sections 33215 to 33225, inclusive, and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, and solely in accordance with those provisions, no person may manufacture, import into this state, keep for sale, offer for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun. Nothing else in any provision listed in Section 16580 shall be construed as authorizing the manufacture, importation into the state, keeping for sale, offering for sale, or giving, lending, or possession of any short-barreled rifle or short-barreled shotgun. (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. 33215.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section generally prohibits people in California from making, importing, selling, giving, lending, or possessing short-barreled rifles or short-barreled shotguns, subject to stated exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33215. Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 109. (SB 1023) Effective June 27, 2012.)
  137. 33220.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 33215 does not apply to certain government agencies and qualifying peace officers for specified short-barreled rifle or shotgun possession and use.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33220. Section 33215 does not apply to either of the following: (a) The sale to, purchase by, or possession of short-barreled rifles or short-barreled shotguns by a police department, sheriff’s office, marshal’s office, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties. (b) The possession of short-barreled rifles and short-barreled shotguns by peace officer members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections and Rehabilitation, when on duty and the use is authorized by the agency and is within the course and scope of their duties, and the officers have completed a training course in the use of these weapons certified by the Commission on Peace Officer Standards and Training. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  138. 33225.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 33215 does not apply to certain short-barreled rifle or shotgun activities if the Department of Justice authorizes them and the activity does not violate 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33225. Section 33215 does not apply to the manufacture, possession, transportation, or sale of a short-barreled rifle or short-barreled shotgun, when authorized by the Department of Justice pursuant to Article 2 (commencing with Section 33300) and not in violation of federal law. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  139. 3325.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of Institution [3325 - 3326] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Administration of Institution for Women [3325 - 3326] ( Heading of Article 1 renumbered from Article 2 by Stats. 1965, Ch. 238. )

    Verify source ↗

    The chapter’s warden has the same powers, duties, and functions as wardens over male prisoners, but only for females convicted of felonies and subject to the director’s control.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of Institution [3325 - 3326] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Administration of Institution for Women [3325 - 3326] ( Heading of Article 1 renumbered from Article 2 by Stats. 1965, Ch. 238. ) ## 3325. The warden described in this chapter shall, subject to the control of the director, have those powers, perform those duties and exercise those functions, respecting females convicted of felonies, as the wardens now exercise over male prisoners. (Amended by Stats. 1989, Ch. 1420, Sec. 15.)
  140. 3326.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of Institution [3325 - 3326] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Administration of Institution for Women [3325 - 3326] ( Heading of Article 1 renumbered from Article 2 by Stats. 1965, Ch. 238. )

    Verify source ↗

    The department may provide facilities, equipment, and personnel to run a commissary at institutions under its jurisdiction.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Administration of Institution [3325 - 3326] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Administration of Institution for Women [3325 - 3326] ( Heading of Article 1 renumbered from Article 2 by Stats. 1965, Ch. 238. ) ## 3326. The department is authorized to provide the necessary facilities, equipment, and personnel to operate a commissary at any institution under its jurisdiction for the sale of toilet articles, candy, gum, notions, and other sundries. (Amended by Stats. 2004, Ch. 798, Sec. 4. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)
  141. 33290.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Short-barreled rifles and short-barreled shotguns are treated as nuisances and are subject to Section 18010, except where specified exceptions 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 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. Restrictions Relating to Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33290] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33290. Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any short-barreled rifle or short-barreled shotgun is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  142. 333.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A prosecution witness who is duly summoned for proceedings under this chapter must attend when required, and refusal or neglect to attend is a misdemeanor.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 333. Every person duly summoned as a witness for the prosecution, on any proceedings had under this Chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor. (Enacted 1872.)
  143. 33300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may issue permits for certain short-barreled rifle or shotgun activities if there is good cause and public safety is not endangered; no permit may be issued to anyone under 18.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33300. (a) Upon a showing that good cause exists for issuance of a permit to the applicant, and if the Department of Justice finds that issuance of the permit does not endanger the public safety, the department may issue a permit for the manufacture, possession, importation, transportation, or sale of short-barreled rifles or short-barreled shotguns. The permit shall be initially valid for a period of one year, and renewable annually thereafter. No permit shall be issued to a person who is under 18 years of age. (b) Good cause, for the purposes of this section, shall be limited to only the following: (1) The permit is sought for the manufacture, possession, importation, or use with blank cartridges, of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event. (2) The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities listed in Section 33220 by persons who are licensed as dealers or manufacturers under the provisions of Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (Amended by Stats. 2012, Ch. 691, Sec. 2. (AB 1559) Effective January 1, 2013.)
  144. 33305.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A permit application must be filed in writing, signed, and include specified applicant and use details. Applicants must pay a Department of Justice fee when filing, and renewals are allowed yearly with a renewal fee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33305. (a) An application for a permit under this article shall satisfy all of the following conditions: (1) It shall be filed in writing. (2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation. (3) It shall state the applicant’s name. (4) It shall state the business in which the applicant is engaged. (5) It shall state the applicant’s business address. (6) It shall include a full description of the use to which the short-barreled rifles or short-barreled shotguns are to be put. (b) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice. (c) Each applicant for a permit 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. (d) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, which shall not exceed the application processing costs of the Department of Justice. (e) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  145. 33310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    People or entities with a permit for short-barreled rifles or shotguns must keep the permit where required and make it available for inspection. Covered weapons must have a unique identifying number, and the Department of Justice must assign one if needed.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33310. (a) Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the short-barreled rifles or short-barreled shotguns are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit. (b) Every short-barreled rifle or short-barreled shotgun possessed pursuant to the provisions of this article shall bear a unique identifying number. If a weapon does not bear a unique identifying number, the Department of Justice shall assign a number which shall be placed or stamped on that weapon. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  146. 33315.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The issuing authority may revoke a permit for short-barreled rifles or shotguns at any time if the need has ended or the permit holder misuses the weapons or fails to keep them in great care.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33315. A permit issued in accordance with this article may be revoked by the issuing authority at any time, when it appears that the need for the short-barreled rifles or short-barreled shotguns has ceased or that the holder of the permit has used the short-barreled rifles or short-barreled shotguns for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under 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.)
  147. 33320.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must inspect permit holders annually for security, safe storage, and inventory reconciliation, except that certain small inventories are inspected every five years unless the department orders more frequent inspections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 8. Short-Barreled Rifle or Short-Barreled Shotgun [33210 - 33320] ( Chapter 8 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Permit for Short-Barreled Rifle or Short-Barreled Shotgun [33300 - 33320] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33320. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of short-barreled rifles and short-barreled shotguns. (b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  148. 334.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section makes certain concession and carnival-game fraud conduct a crime and allows more restrictive local regulation.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 334. (a) Every person who owns or operates any concession, and who fraudulently obtains money from another by means of any hidden mechanical device or obstruction with intent to diminish the chance of any patron to win a prize, or by any other fraudulent means, shall be punished as in the case of theft of property of like value. (b) Any person who manufactures or sells any mechanical device or obstruction for a concession which he knows or reasonably should know will be fraudulently used to diminish the chance of any patron to win a prize is guilty of a misdemeanor. (c) Any person who owns or operates any game, at a fair or carnival of a type known as razzle-dazzle is guilty of a misdemeanor. As used in this subdivision, “razzle-dazzle” means a series of games of skill or chance in which the player pays money or other valuable consideration in return for each opportunity to make successive attempts to obtain points by the use of dice, darts, marbles or other implements, and where such points are accumulated in successive games by the player toward a total number of points, determined by the operator, which is required for the player to win a prize or other valuable consideration. (d) As used in this section, “concession” means any game or concession open to the public and operated for profit in which the patron pays a fee for participating and may receive a prize upon a later happening. (e) Nothing in this section shall be construed to prohibit or preempt more restrictive regulation of any concession at a fair or carnival by any local governmental entity. (Added by Stats. 1974, Ch. 626.)
  149. 33410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 9. Silencers [33410 - 33415] ( Chapter 9 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person, firm, or corporation that possesses a silencer within this state commits a felony.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 9. Silencers [33410 - 33415] ( Chapter 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33410. Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 554. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  150. 33415.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 9. Silencers [33410 - 33415] ( Chapter 9 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain agencies, military forces, peace officers, and registered dealers/manufacturers from the application of Section 33410 for silencers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 9. Silencers [33410 - 33415] ( Chapter 9 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33415. Section 33410 shall not apply to, or affect, any of the following: (a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties. (b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties. (c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 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.)
  151. 335.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    District attorneys, sheriffs, and police officers must report and diligently prosecute people they reasonably believe have violated this chapter.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 335. Every district attorney, sheriff, or police officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every officer refusing or neglecting so to do, is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 872, Sec. 110. Effective January 1, 1997.)
  152. 335a

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Peace officers may seize gambling-related machines or devices, must post notice before summary destruction, and the items must be destroyed or handled as stated if no recovery action is filed or the court upholds the violation.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 335a. In addition to any other remedy provided by law any machine or other device the possession or control of which is penalized by the laws of this State prohibiting lotteries or gambling may be seized by any peace officer, and a notice of intention summarily to destroy such machine or device as provided in this section must be posted in a conspicuous place upon the premises in or upon which such machine or device was seized. Such machine or device shall be held by such officer for 30 days after such posting, and if no action is commenced to recover possession of such machine or device, within such time, the same shall be summarily destroyed by such officer, or if such machine or device shall be held by the court, in any such action, to be in violation of such laws, or any of them, the same shall be summarily destroyed by such officer immediately after the decision of the court has become final. The superior court shall have jurisdiction of any such actions or proceedings commenced to recover the possession of such machine or device or any money seized in connection therewith. Any and all money seized in or in connection with such machine or device shall, immediately after such machine or device has been so destroyed, be paid into the treasury of the city or county, as the case may be, where seized, said money to be deposited in the general fund. (Added by Stats. 1941, Ch. 192.)
  153. 336.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Owners, lessees, or keepers of a house used as a saloon or drinking place must not knowingly allow anyone under 18 to play games of chance there.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 336. Every owner, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking place, who knowingly permits any person under 18 years of age to play at any game of chance therein, is guilty of a misdemeanor. (Amended by Stats. 1972, Ch. 579.)
  154. 336.5.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A patron of a gambling establishment may use gaming chips on the gaming floor to pay for food and beverage items served at the table.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 336.5. Gaming chips may be used on the gaming floor by a patron of a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code, to pay for food and beverage items that are served at the table. (Amended by Stats. 2012, Ch. 162, Sec. 123. (SB 1171) Effective January 1, 2013.)
  155. 336.9.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person who knowingly joins certain non-profit betting activity on lawful or purported contests is guilty of an infraction, unless the bet is online or the betting pool exceeds $2,500.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 336.9. (a) Notwithstanding Section 337a, and except as provided in subdivision (b), any person who, not for gain, hire, or reward other than that at stake under conditions available to every participant, knowingly participates in any of the ways specified in paragraph (2), (3), (4), (5), or (6) of subdivision (a) of Section 337a in any bet, bets, wager, wagers, or betting pool or pools made between the person and any other person or group of persons who are not acting for gain, hire, or reward, other than that at stake under conditions available to every participant, upon the result of any lawful trial, or purported trial, or contest, or purported contest, of skill, speed, or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, is guilty of an infraction, punishable by a fine not to exceed two hundred fifty dollars ($250). (b) Subdivision (a) does not apply to either of the following situations: (1) Any bet, bets, wager, wagers, or betting pool or pools made online. (2) Betting pools with more than two thousand five hundred dollars ($2,500) at stake. (Amended by Stats. 2010, Ch. 328, Sec. 155. (SB 1330) Effective January 1, 2011.)
  156. 33600.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 10. Zip Guns [33600 - 33690] ( Chapter 10 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Most people in this state may not make, import, sell, give, lend, or possess a zip gun, unless an exception in Chapter 1 of Division 2 of Title 2 applies.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 10. Zip Guns [33600 - 33690] ( Chapter 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33600. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any zip gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 110. (SB 1023) Effective June 27, 2012.)
  157. 33690.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 10. Zip Guns [33600 - 33690] ( Chapter 10 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Except for the referenced Chapter 1 exception, any zip gun is treated as a nuisance and is subject to Section 18010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 10. Zip Guns [33600 - 33690] ( Chapter 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33690. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any zip gun is a nuisance and is subject to Section 18010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  158. 337.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Certain public officers and others must not take money to help someone avoid arrest or conviction for Section 330 gaming violations, issue licenses or privileges for prohibited games, or vote for ordinances authorizing those games; doing so is 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337. Every state, county, city, city and county, town, or judicial district officer, or other person who shall ask for, receive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the understanding that he will aid, exempt, or otherwise assist any person from arrest or conviction for a violation of Section 330 of the Penal Code; or who shall issue, deliver, or cause to be given or delivered to any person or persons, any license, permit, or other privilege, giving, or pretending to give, any authority or right to any person or persons to carry on, conduct, open, or cause to be opened, any game or games which are forbidden or prohibited by Section 330 of said code; and any of such officer or officers who shall vote for the passage of any ordinance or by-law, giving, granting, or pretending to give or grant to any person or persons any authority or privilege to open, carry on, conduct, or cause to be opened, carried on, or conducted, any game or games prohibited by said Section 330 of the Penal Code, is guilty of a felony. (Amended by Stats. 1951, Ch. 1608.)
  159. 337.1.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    A person commits touting if they knowingly use false representation to persuade, procure, or cause another person to bet on a horse race, and seek payment for the information or supposed information given.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.1. Any person, who knowingly and designedly by false representation attempts to, or does persuade, procure or cause another person to wager on a horse in a race to be run in this state or elsewhere, and upon which money is wagered in this state, and who asks or demands compensation as a reward for information or purported information given in such case is a tout, and is guilty of touting. (Amended by Stats. 1987, Ch. 828, Sec. 22.)
  160. 337.2.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    Anyone who is a tout, or who tries or conspires to tout, commits a misdemeanor.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.2. Any person who is a tout, or who attempts or conspires to commit touting, is guilty of a misdemeanor and is punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. For a second offense in this State, he shall be imprisoned. (Added by Stats. 1945, Ch. 1524.)
  161. 337.3.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    A person may not falsely use certain horse racing officials’ or licensees’ names as the source of information while touting.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.3. Any person who in the commission of touting falsely uses the name of any official of the California Horse Racing Board, its inspectors or attachés, or of any official of any race track association, or the names of any owner, trainer, jockey or other person licensed by the California Horse Racing Board as the source of any information or purported information is guilty of a felony and is punishable by a fine of not more than five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 326. (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.)
  162. 337.4.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    A person who, while touting, obtains more than $950 may also be prosecuted under Section 487.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.4. Any person who in the commission of touting obtains money in excess of nine hundred fifty dollars ($950) may, in addition to being prosecuted for the violation of any provision of this chapter, be prosecuted for the violation of Section 487 of this code. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 8. (SB 18 3x) Effective January 25, 2010.)
  163. 337.5.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    People convicted of touting, or ejected for touting or similar conduct, must be excluded from all racetracks in California, and they commit a misdemeanor if they refuse an order to leave the track.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.5. Any person who has been convicted of touting, and the record of whose conviction on such charge is on file in the office of the California Horse Racing Board or in the State Bureau of Criminal Identification and Investigation or of the Federal Bureau of Investigation, or any person who has been ejected from any racetrack of this or any other state for touting or practices inimical to the public interest shall be excluded from all racetracks in this State. Any such person who refuses to leave such track when ordered to do so by inspectors of the California Horse Racing Board, or by any peace officer, or by an accredited attaché of a racetrack or association is guilty of a misdemeanor. (Amended by Stats. 1963, Ch. 372.)
  164. 337.6.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    A license or credential from the California Horse Racing Board is automatically revoked if the holder uses it for anything other than identification and legitimate race-track duties.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.6. Any credential or license issued by the California Horse Racing Board to licensees, if used by the holder thereof for a purpose other than identification and in the performance of legitimate duties on a race track, shall be automatically revoked whether so used on or off a race track. (Added by Stats. 1945, Ch. 1524.)
  165. 337.7.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    Using a California Horse Racing Board credential or license for misrepresentation, fraud, or touting is 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.7. Any person other than the lawful holder thereof who has in his possession any credential or license issued by the California Horse Racing Board to licensees and any person who has a forged or simulated credential or license of said board in his possession, and who uses such credential or license for the purpose of misrepresentation, fraud or touting is guilty of a felony and shall be punished by a fine of five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. If he or she has previously been convicted of any offense under this chapter, he or she shall be imprisoned pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 327. (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.)
  166. 337.8.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    Using an unauthorized credential or license for touting is an offence; if the credential is forged, imprisonment applies under this chapter.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.8. Any person who uses any credential, other than a credential or license issued by the California Horse Racing Board, for the purpose of touting is guilty of touting, and if the credential has been forged shall be imprisoned as provided in this chapter, whether the offense was committed on or off a race track. (Added by Stats. 1945, Ch. 1524.)
  167. 337.9.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. )

    Verify source ↗

    The executive director and chief of licensing and enforcement must coordinate horse-racing enforcement policy with other state enforcement bureaus. The chief of licensing and enforcement also has all the powers of a peace officer.

    ## 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 10.5. Horse Racing [337.1 - 337.9] ( Chapter 10.5 added by Stats. 1945, Ch. 1524. ) ## 337.9. The executive director and chief of licensing and enforcement of the California Horse Racing Board shall coordinate a policy for the enforcement of this chapter with all other enforcement bureaus in the state in order to ensure prosecution of all persons who commit any offense against the horse racing laws of this state. For those purposes, the chief of licensing and enforcement is a peace officer and has all the powers of a peace officer. (Amended by Stats. 2024, Ch. 354, Sec. 5. (AB 1768) Effective January 1, 2025.)
  168. 33700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 11. Firearm Barrel [33700- 33700.] ( Chapter 11 added by Stats. 2025, Ch. 591, Sec. 3. )

    Verify source ↗

    Firearm barrels generally may not be sold or transferred unless the transaction is completed in person by a licensed firearms dealer; starting July 1, 2027, an eligibility check is also required.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33700] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 11. Firearm Barrel [33700- 33700.] ( Chapter 11 added by Stats. 2025, Ch. 591, Sec. 3. ) ## 33700. (a) (1) A firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive. (2) Commencing July 1, 2027, a firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, and the licensed firearms dealer has conducted an eligibility check to determine if that the person is authorized to purchase a firearm barrel under subdivision (b) in a manner prescribed by the Department of Justice. (3) No person shall possess with the intent to sell or offer to sell a firearm barrel in violation of this section. (b) A person is authorized to purchase or otherwise acquire a firearm barrel if they meet the following criteria: (1) They are at least 18 years of age. (2) They are not prohibited from possessing, receiving, owning, or purchasing a firearm under state or federal law. (c) Commencing July 1, 2027, the licensed firearms dealer shall legibly record all of the following on a form to be prescribed by the department pertaining to the sale or transfer of the firearm barrel: (1) The date of the sale or transfer. (2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued. (3) The make, model, and caliber of the firearm that the firearm barrel is designed for or used in. (4) The purchaser’s or transferee’s full name. (5) The name of the salesperson who processed the sale or transfer. (6) The purchaser’s or transferee’s full residential address and telephone number. (7) The purchaser’s or transferee’s date of birth. (d) Commencing July 1, 2027, a licensed firearms dealer shall electronically submit to the department the information required by subdivision (c) for all sales and transfers of ownership of a firearm barrel. (e) The department is authorized to adopt regulations to implement this act. (f) (1) A first violation of subdivision (a) shall be punishable as a misdemeanor. (2) A second violation of subdivision (a) shall be punishable as a misdemeanor by up to one year in jail and a fine of one thousand dollars ($1,000). (3) A third violation of subdivision (a), and any subsequent violation thereafter of subdivision (a), shall be punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed two thousand dollars ($2,000), or by both that fine and imprisonment. (g) The following are exempt from the process outlined in this section: (1) Sales or transfers to federal, state, and local law enforcement agencies. (2) Sales or transfers to a federal firearms licensee. (3) Sales or transfers to the United States military. (4) Sales or transfers to a person who, in the same transaction, is separately purchasing a firearm and undergoing a state and federal firearm eligibility check pursuant to Section 28220. (5) Sales or transfers to a federally licensed collector who is acquiring or being loaned the barrel of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710. (6) Transfers to or from the public administrator, public guardian, public conservator, the executor, personal representative, guardian, conservator, or administrator of an estate. Any transfers or sales from these persons to any third party other than law enforcement or a licensed firearms dealer shall be conducted by a licensed firearms dealer and is subject to the requirements of this section. (7) A barrel that is attached to or affixed to a firearm. (8) The sale or other transfer of ownership of a firearm barrel if the sale or other transfer of ownership is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and the entity is acquiring the firearm barrel as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. All such barrels shall be disposed of pursuant to Sections 18000 and 18005. (h) The department is authorized to adopt regulations to implement the provisions of this section. (i) The department shall require the licensed firearms dealer to charge each firearm barrel purchaser or transferee a fee of up to 5 dollars ($5) to conduct the eligibility check described in paragraph (2) of subdivision (a), but shall not to exceed the department’s actual processing costs. The fee may be increased each year by an amount not to exceed one dollar ($1) as necessary to reimburse the department for costs to conduct the eligibility check. (Added by Stats. 2025, Ch. 591, Sec. 3. (SB 704) Effective January 1, 2026.)
  169. 337a

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section bans several gambling activities, including bookmaking, betting, recording bets, and allowing premises to be used for those activities, and it sets jail or fine penalties.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337a. (a) Except as provided in Section 336.9, every person who engages in one of the following offenses, shall be punished for a first offense by imprisonment in a county jail for a period of not more than one year or in the state prison, or by a fine not to exceed five thousand dollars ($5,000), or by both imprisonment and fine: (1) Pool selling or bookmaking, with or without writing, at any time or place. (2) Whether for gain, hire, reward, or gratuitously, or otherwise, keeps or occupies, for any period of time whatsoever, any room, shed, tenement, tent, booth, building, float, vessel, place, stand or enclosure, of any kind, or any part thereof, with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or registering any bet or bets, any purported bet or bets, wager or wagers, any purported wager or wagers, selling pools, or purported pools, upon the result, or purported result, of any trial, purported trial, contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever. (3) Whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever. (4) Whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever. (5) Being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float, vessel, place, stand, enclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratuitously, or otherwise, permits that space to be used or occupied for any purpose, or in any manner prohibited by paragraph (1), (2), (3), or (4). (6) Lays, makes, offers or accepts any bet or bets, or wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus. (b) In any accusatory pleading charging a violation of this section, if the defendant has been once previously convicted of a violation of any subdivision of this section, the previous conviction shall be charged in the accusatory pleading, and, if the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall, if he or she is not imprisoned in the state prison, be imprisoned in the county jail for a period of not more than one year and pay a fine of not less than one thousand dollars ($1,000) and not to exceed ten thousand dollars ($10,000). Nothing in this paragraph shall prohibit a court from placing a person subject to this subdivision on probation. However, that person shall be required to pay a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or be imprisoned in the county jail for a period of not more than one year, as a condition thereof. In no event does the court have the power to absolve a person convicted pursuant to this subdivision from either being imprisoned or from paying a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000). (c) In any accusatory pleading charging a violation of this section, if the defendant has been previously convicted two or more times of a violation of any subdivision of this section, each previous conviction shall be charged in the accusatory pleadings. If two or more of the previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall, if he or she is not imprisoned in the state prison, be imprisoned in the county jail for a period of not more than one year or pay a fine of not less than one thousand dollars ($1,000) nor more than fifteen thousand dollars ($15,000), or be punished by both imprisonment and fine. Nothing in this paragraph shall prohibit a court from placing a person subject to this subdivision on probation. However, that person shall be required to pay a fine of not less than one thousand dollars ($1,000) nor more than fifteen thousand dollars ($15,000), or be imprisoned in the county jail for a period of not more than one year as a condition thereof. In no event does the court have the power to absolve a person convicted and subject to this subdivision from either being imprisoned or from paying a fine of not more than fifteen thousand dollars ($15,000). (d) Except where the existence of a previous conviction of any subdivision of this section was not admitted or not found to be true pursuant to this section, or the court finds that a prior conviction was invalid, the court shall not strike or dismiss any prior convictions alleged in the information or indictment. (e) This section applies not only to persons who commit any of the acts designated in paragraphs (1) to (6), inclusive, of subdivision (a), as a business or occupation, but also applies to every person who in a single instance engages in any one of the acts specified in paragraphs (1) to (6), inclusive, of subdivision (a). (Amended by Stats. 2009, Ch. 72, Sec. 2. (AB 58) Effective January 1, 2010.)
  170. 337b

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person must not give, offer, or promise money, a bribe, or anything of value to a participant or prospective participant in a sporting event with the intent of affecting the outcome or margin of victory.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337b. Any person who gives, or offers or promises to give, or attempts to give or offer, any money, bribe, or thing of value, to any participant or player, or to any prospective participant or player, in any sporting event, contest, or exhibition of any kind whatsoever, except a wrestling exhibition as defined in Section 18626 of the Business and Professions Code, and specifically including, but without being limited to, such sporting events, contests, and exhibitions as baseball, football, basketball, boxing, horse racing, and wrestling matches, with the intention or understanding or agreement that such participant or player or such prospective participant or player shall not use his or her best efforts to win such sporting event, contest, or exhibition, or shall so conduct himself or herself in such sporting event, contest, or exhibition that any other player, participant or team of players or participants shall thereby be assisted or enabled to win such sporting event, contest, or exhibition, or shall so conduct himself or herself in such sporting event, contest, or exhibition as to limit his or her or his or her team’s margin of victory in such sporting event, contest, or exhibition, is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 328. (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.)
  171. 337c

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person may not accept or agree to take money, a bribe, or anything of value in return for not trying to win a sporting event, or for helping another player or team win or limiting a margin of victory.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337c. Any person who accepts, or attempts to accept, or offers to accept, or agrees to accept, any money, bribe or thing of value, with the intention or understanding or agreement that he or she will not use his or her best efforts to win any sporting event, contest, or exhibition of any kind whatsoever, except a wrestling exhibition as defined in Section 18626 of the Business and Professions Code, and specifically including, but without being limited to, such sporting events, contests, or exhibitions as baseball, football, basketball, boxing, horse racing, and wrestling matches, in which he or she is playing or participating or is about to play or participate in, or will so conduct himself or herself in such sporting event, contest, or exhibition that any other player or participant or team of players or participants shall thereby be assisted or enabled to win such sporting event, contest, or exhibition, or will so conduct himself or herself in such sporting event, contest, or exhibition as to limit his or her or his or her team’s margin of victory in such sporting event, contest, or exhibition, is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 329. (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.)
  172. 337d

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    It is a felony to bribe, offer to bribe, or attempt to bribe certain people involved in officiating a sporting event if the goal is to influence the event’s outcome.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337d. Any person who gives, offers to give, promises to give, or attempts to give, any money, bribe, or thing of value to any person who is umpiring, managing, directing, refereeing, supervising, judging, presiding, or officiating at, or who is about to umpire, manage, direct, referee, supervise, judge, preside, or officiate at any sporting event, contest, or exhibition of any kind whatsoever, including, but not limited to, sporting events, contests, and exhibitions such as baseball, football, boxing, horse racing, and wrestling matches, with the intention or agreement or understanding that the person shall corruptly or dishonestly umpire, manage, direct, referee, supervise, judge, preside, or officiate at, any sporting event, contest, or exhibition, or the players or participants thereof, with the intention or purpose that the result of the sporting event, contest, or exhibition will be affected or influenced thereby, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine of not more than ten thousand dollars ($10,000), or by imprisonment and fine. A second offense of this section is a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine of not more than fifteen thousand dollars ($15,000), or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 330. (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.)
  173. 337e

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person serving in certain sporting-event roles must not take or try to take money or anything of value in exchange for corrupt conduct meant to affect the event’s result.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337e. Any person who as umpire, manager, director, referee, supervisor, judge, presiding officer or official receives or agrees to receive, or attempts to receive any money, bribe or thing of value, with the understanding or agreement that such umpire, manager, director, referee, supervisor, judge, presiding officer, or official shall corruptly conduct himself or shall corruptly umpire, manage, direct, referee, supervise, judge, preside, or officiate at, any sporting event, contest, or exhibition of any kind whatsoever, and specifically including, but without being limited to, such sporting events, contests, and exhibitions as baseball, football, boxing, horse racing, and wrestling matches, or any player or participant thereof, with the intention or purpose that the result of the sporting event, contest, or exhibition will be affected or influenced thereby, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 331. (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.)
  174. 337f

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    This section prohibits certain horse-racing conduct involving drugs, devices, or false horse names, and sets penalties of up to $5,000, jail up to one year, or both.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337f. (a) Any person who does any of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment: (1) Influences, or induces, or conspires with, any owner, trainer, jockey, groom, or other person associated with or interested in any stable, horse, or race in which a horse participates, to affect the result of that race by stimulating or depressing a horse through the administration of any drug to that horse, or by the use of any electrical device or any electrical equipment or by any mechanical or other device not generally accepted as regulation racing equipment, or so stimulates or depresses a horse. (2) Knowingly enters any horse in any race within a period of 24 hours after any drug has been administered to that horse for the purpose of increasing or retarding the speed of that horse. (3) Willfully or unjustifiably enters or races any horse in any running or trotting race under any name or designation other than the name or designation assigned to that horse by and registered with the Jockey Club or the United States Trotting Association or willfully sets on foot, instigates, engages in or in any way furthers any act by which any horse is entered or raced in any running or trotting race under any name or designation other than the name or designation duly assigned by and registered with the Jockey Club or the United States Trotting Association. (b) For purposes of this section, the term “drug” includes all substances recognized as having the power of stimulating or depressing the central nervous system, respiration, or blood pressure of an animal, such as narcotics, hypnotics, benzedrine or its derivatives, but shall not include recognized vitamins or supplemental feeds approved by or in compliance with the rules and regulations or policies of the California Horse Racing Board. (Amended by Stats. 2011, Ch. 15, Sec. 332. (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.)
  175. 337g

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Local anesthetics of the cocaine group may not be possessed, transported, or used within the racing inclosure unless there is a bona fide veterinarian’s prescription with the required statement on the container.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337g. The possession, transport or use of any local anaesthetic of the cocaine group, including but not limited to natural or synthetic drugs of this group, such as allocaine, apothesine, alypine, benzyl carbinol, butyn, procaine, nupercaine, beta-eucaine, novol or anestubes, within the racing inclosure is prohibited, except upon a bona fide veterinarian’s prescription with complete statement of uses and purposes of same on the container. A copy of such prescription shall be filed with the stewards, and such substances may be used only with approval of the stewards and under the supervision of the veterinarian representing the board. (Added by Stats. 1943, Ch. 1001.)
  176. 337h

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person must not poison, drug, or otherwise tamper with animals entered or about to be entered in races or similar competitions, except for medicinal 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337h. Any person who, except for medicinal purposes, administers any poison, drug, medicine, or other noxious substance, to any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animals, or other livestock, entered or about to be entered in any race or upon any race course, or entered or about to be entered at or with any agricultural park, or association, race course, or corporation, or other exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or other reward, or who exposes any poison, drug, medicine, or noxious substance, with intent that it shall be taken, inhaled, swallowed, or otherwise received by any of these animals or other livestock, with intent to impede or affect its speed, endurance, sense, health, physical condition, or other character or quality, or who causes to be taken by or placed upon or in the body of any of these animals or other livestock, entered or about to be entered in any race or competition described in this section any sponge, wood, or foreign substance of any kind, with intent to impede or affect its speed, endurance, sense, health, or physical condition, is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 32.)
  177. 337i

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    A person who knowingly shares certain horserace or betting information with or by illegal gambling operations can be punished by jail or state 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337i. Every person who knowingly transmits information as to the progress or results of a horserace, or information as to wagers, betting odds, changes in betting odds, post or off times, jockey or player changes in any contest or trial, or purported contest or trial, involving humans, beasts, or mechanical apparatus by any means whatsoever including, but not limited to telephone, telegraph, radio, and semaphore when such information is transmitted to or by a person or persons engaged in illegal gambling operations, is punishable by imprisonment in the county jail for a period of not more than one year or in the state prison. This section shall not be construed as prohibiting a newspaper from printing such results or information as news, or any television or radio station from telecasting or broadcasting such results or information as news. This section shall not be so construed as to place in jeopardy any common carrier or its agents performing operations within the scope of a public franchise, or any gambling operation authorized by law. (Amended by Stats. 1976, Ch. 1139.)
  178. 337j

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

    Verify source ↗

    Section 337j makes it unlawful to run or profit from controlled games or gambling equipment without required licenses, and it also restricts allowing unlicensed gambling activity on premises you own or lease.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337j. (a) It is unlawful for any person, as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, to do any of the following without having first procured and thereafter maintained in effect all federal, state, and local licenses required by law: (1) To deal, operate, carry on, conduct, maintain, or expose for play in this state any controlled game. (2) To receive, directly or indirectly, any compensation or reward or any percentage or share of the revenue, for keeping, running, or carrying on any controlled game. (3) To manufacture, distribute, or repair any gambling equipment within the boundaries of this state, or to receive, directly or indirectly, any compensation or reward for the manufacture, distribution, or repair of any gambling equipment within the boundaries of this state. (b) It is unlawful for any person to knowingly permit any controlled game to be conducted, operated, dealt, or carried on in any house or building or other premises that he or she owns or leases, in whole or in part, if that activity is undertaken by a person who is not licensed as required by state law, or by an employee of that person. (c) It is unlawful for any person to knowingly permit any gambling equipment to be manufactured, stored, or repaired in any house or building or other premises that the person owns or leases, in whole or in part, if that activity is undertaken by a person who is not licensed as required by state law, or by an employee of that person. (d) Any person who violates, attempts to violate, or conspires to violate this section shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than ten thousand dollars ($10,000), or by both imprisonment and fine. A second offense of this section is punishable by imprisonment in a county jail for a period of not more than one year or in the state prison or by a fine of not more than ten thousand dollars ($10,000), or by both imprisonment and fine. (e) (1) As used in this section, “controlled game” means any poker or Pai Gow game, and any other game played with cards or tiles, or both, and approved by the Department of Justice, and any game of chance, including any gambling device, played for currency, check, credit, or any other thing of value that is not prohibited and made unlawful by statute or local ordinance. (2) As used in this section, “controlled game” does not include any of the following: (A) The game of bingo conducted pursuant to Section 326.3 or 326.5. (B) Parimutuel racing on horse races regulated by the California Horse Racing Board. (C) Any lottery game conducted by the California State Lottery. (D) Games played with cards in private homes or residences, in which no person makes money for operating the game, except as a player. (f) This subdivision is intended to be dispositive of the law relating to the collection of player fees in gambling establishments. A fee may not be calculated as a fraction or percentage of wagers made or winnings earned. The amount of fees charged for all wagers shall be determined prior to the start of play of any hand or round. However, the gambling establishment may waive collection of the fee or portion of the fee in any hand or round of play after the hand or round has begun pursuant to the published rules of the game and the notice provided to the public. The actual collection of the fee may occur before or after the start of play. Ample notice shall be provided to the patrons of gambling establishments relating to the assessment of fees. Flat fees on each wager may be assessed at different collection rates, but no more than five collection rates may be established per table. However, if the gambling establishment waives its collection fee, this fee does not constitute one of the five collection rates. (Amended by Stats. 2008, Ch. 748, Sec. 7. Effective January 1, 2009.)
  179. 337k

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    A person must not advertise or help advertise nonparimutuel horse-race wagering.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337k. (a) It is unlawful for any person to advertise, or to facilitate the advertisement of, nonparimutuel wagering on horse races. (b) Violation of this section is an infraction punishable by a fine of five hundred dollars ($500). A second conviction for a violation of this section is a misdemeanor punishable by a fine of up to ten thousand dollars ($10,000). (Added by Stats. 2006, Ch. 305, Sec. 1. Effective January 1, 2007.)
  180. 337o

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    It is unlawful to operate or support an online sweepstakes game in this state, with exceptions for certain licensed gambling enterprise and state lottery activities and for limited promotional sweepstakes tied to bona fide sales.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337o. (a) It is unlawful for any person or entity to operate, conduct, or offer an online sweepstakes game in this state. (b) It is unlawful for any entity, financial institution, payment processor, geolocation provider, gaming content supplier, platform provider, or media affiliate to knowingly and willfully support directly or indirectly the operation, conduct, or promotion of an online sweepstakes game within this state. (c) For purposes of this section, the following definitions apply: (1) “Direct consideration” means a coin, token, or other representation of value that may be purchased by a player or received through a bonus or promotion and that is used for playing or participating in the online sweepstakes game. (2) “Indirect consideration” means a coin, token, or other representation of value that may be exchanged for a prize, award, cash, or cash equivalents or a chance to win a prize, award, cash, or cash equivalents. Indirect consideration is provided for free through a promotion, bonus, or with the purchase of a related product, service, or activity. As used in this paragraph, “related product, service, or activity” includes a coin, token, or other representation of value that may be used for direct consideration. (3) “Online sweepstakes game” means a game, contest, or promotion that meets all of the following conditions: (A) Available on the internet or accessible on a mobile phone, computer terminal, or similar device. (B) Utilizes a dual-currency system of payment that allows a person to play or participate with direct consideration or indirect consideration, and for which the person playing or participating may become eligible for a prize, award, cash, or cash equivalents or a chance to win a prize, award, cash, or cash equivalents. (C) Simulates gambling, which, for purposes of this section, includes, but is not limited to, any of the following: (i) Slot machines. (ii) Video poker. (iii) Table games, including, but not limited to, blackjack, roulette, craps, and poker. (iv) Lotteries, as defined in Section 319. (v) Bingo. (vi) Sports wagering. (D) Awards cash or cash equivalents. (d) A person who violates this section is guilty of a misdemeanor and shall be punishable by a fine not less than one thousand dollars ($1,000) nor more than twenty-five thousand dollars ($25,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment. (e) This section does not make unlawful or otherwise restrict lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery. (f) This section does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of ongoing gambling or gaming. (Added by Stats. 2025, Ch. 623, Sec. 3. (AB 831) Effective January 1, 2026.)
  181. 337s

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    In counties with more than 4,000,000 people, draw poker and lowball poker are prohibited only if the county election process in subdivision (c) makes subdivision (b) operative; violating the rule is a misdemeanor.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337s. (a) This section applies only in counties with a population exceeding 4,000,000. (b) Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of draw poker, including lowball poker, is guilty of a misdemeanor. (c) Subdivision (b) shall become operative in a county only if the board of supervisors thereof by resolution directs that there be placed on the ballot at a designated county election the question whether draw poker, including lowball poker, shall be prohibited in the county and a majority of electors voting thereon vote affirmatively. The question shall appear on the ballot in substantially the following form: “Shall draw poker, including lowball poker, be prohibited in ____ County? Yes ____ No ____” If a majority of electors voting thereon vote affirmatively, draw poker shall be prohibited in the unincorporated territory in the county. (d) Any county ordinance in any county prohibiting, restricting, or regulating the playing of draw poker and other acts relating to draw poker shall not be superseded until, pursuant to subdivision (c), the electorate of the county determines that subdivision (b) shall be operative in the county. (e) The Legislature finds that in counties with a large, concentrated population, problems incident to the playing of draw poker are, in part, qualitatively, as well as quantitatively, different from the problems in smaller counties. The Legislature finds that counties with a population exceeding 4,000,000 constitute a special problem, and it is reasonable classification to adopt prohibitory legislation applicable only to such counties. (f) If any provision of this section is held invalid, the entire section shall be invalid. The provisions of this section are not severable. (Amended by Stats. 1993, Ch. 98, Sec. 1. Effective January 1, 1994.)
  182. 337t

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    This section defines gaming-related terms used in this section and related sections.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337t. The following definitions govern the construction of this section and Sections 337u, 337w, 337x, and 337y: (a) “Associated equipment” means any equipment or mechanical, electromechanical, or electronic contrivance, component or machine used remotely or directly in connection with gaming or any game that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems for monitoring slot machines and devices for weighing or counting money. (b) “Cashless wagering system” means a method of wagering and accounting in which the validity and value of a wagering instrument or wagering credits are determined, monitored, and retained by a computer that is operated and maintained by a licensee and that maintains a record of each transaction involving the wagering instrument or wagering credits, exclusive of the game or gaming device on which wagers are being made. The term includes computerized systems which facilitate electronic transfers of money directly to or from a game or gaming device. (c) “Cheat” means to alter the normal elements of chance, method of selection, or criteria, excluding those alterations to the game generally done by the casino to provide variety to games and that are known, or should be known, by the wagering players, which determine any of the following: (1) The result of a gambling game. (2) The amount or frequency of payment in a gambling game. (3) The value of a wagering instrument. (4) The value of a wagering credit. (d) “Drop box” means the box that serves as a repository for cash, chips, tokens, or other wagering instruments. (e) “Gambling establishment” means any premises wherein or whereon any gaming is done. (f) “Gambling game device” means any equipment or mechanical, electromechanical, or electronic contrivance, component or machine used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss. The term includes any of the following: (1) A slot machine. (2) A collection of two or more of the following components: (A) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine. (B) A cabinet with electrical wiring and provisions for mounting a coin, token, or currency acceptor and provisions for mounting a dispenser of coins, tokens, or anything of value. (C) A storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than in a slot machine. (D) An assembled video display unit. (E) An assembled mechanical or electromechanical display unit intended for use in gambling. (F) An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine. (3) Any mechanical, electrical, or other device that may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game. (4) A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers. (5) Any combination of one of the components set forth in subparagraphs (A) to (F), inclusive, of paragraph (2) and any other component that the commission determines, by regulation, to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss. (g) “Past-posting” means the placing of a wager by an individual at a game after having knowledge of the result or outcome of that game. (h) “Pinching wagers” means to reduce the amount wagered or to cancel the wager after acquiring knowledge of the outcome of the game or other event that is the subject of the wager. (i) “Pressing wagers” means to increase a wager after acquiring knowledge of the outcome of the game or other event that is the subject of the wager. (j) “Tribal Gaming Agency” means the person, agency, board, committee, commission, or council designated under tribal law, including, but not limited to, an intertribal gaming regulatory agency approved to fulfill those functions by the National Indian Gaming Commission, as primarily responsible for carrying out the regulatory responsibilities of the tribe under the Indian Gaming and Regulatory Act (25 U.S.C. Sec. 2701) and a tribal gaming ordinance. (k) “Wagering credit” means a representative of value, other than a chip, token, or wagering instrument, that is used for wagering at a game or gaming device and is obtained by the payment of cash or a cash equivalent, the use of a wagering instrument or the electronic transfer of money. (l) “Wagering instrument” means a representative of value, other than a chip or token, that is issued by a licensee and approved by the California Gambling Control Commission or a tribal gaming agency, for use in a cashless wagering system. (Added by Stats. 2002, Ch. 624, Sec. 1. Effective January 1, 2003.)
  183. 337u

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    This section makes it unlawful for any person to engage in listed gambling-related cheating or wagering 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337u. It is unlawful for any person to commit any of the following acts: (a) To alter or misrepresent the outcome of a gambling game or other event on which wagers lawfully have been made after the outcome is determined, but before it is revealed to the players. (b) To place, increase, or decrease a wager or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the gambling game or any event that affects the outcome of the gambling game or which is the subject of the wager or to aid anyone in acquiring that knowledge for the purpose of placing, increasing, or decreasing a wager or determining the course of play contingent upon that event or outcome. (c) To claim, collect, or take, or attempt to claim, collect, or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent on the game, or to claim, collect, or take an amount greater than the amount actually won. (d) Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of this section, or Section 337v, 337w, 337x, or 337y, with the intent that the other person play or participate in that gambling game. (e) To place or increase a wager after acquiring knowledge of the outcome of the gambling game or other event which is the subject of the wager, including past-posting and pressing wagers. (f) To reduce the amount wagered or cancel the wager after acquiring knowledge of the outcome of the gambling game or other event which is the subject of the bet, including pinching wagers. (g) To manipulate, with the intent to cheat, any component of a gambling game device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the gambling game or with knowledge of any event that affects the outcome of the gambling game. (Amended by Stats. 2003, Ch. 62, Sec. 225. Effective January 1, 2004.)
  184. 337v

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    At a gambling establishment, a person must not use or carry a device intended to help with certain gambling-game analysis or prediction, unless permitted by the California Gambling Control Commission or a tribal gaming agency.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337v. It is unlawful for any person at a gambling establishment to use, or to possess with the intent to use, any device to assist in any of the following: (a) In projecting the outcome of the gambling game. (b) In keeping track of the cards played. (c) In analyzing the probability of the occurrence of an event relating to the gambling game. (d) In analyzing the strategy for playing or wagering to be used in the gambling game, except as permitted by the California Gambling Control Commission or a tribal gaming agency. (Added by Stats. 2002, Ch. 624, Sec. 3. Effective January 1, 2003.)
  185. 337w

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    This section makes it unlawful to use or possess counterfeit or unapproved gambling instruments, certain devices, and paraphernalia for making slugs.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337w. (a) It is unlawful for any person to use counterfeit chips, counterfeit debit instruments, or other counterfeit wagering instruments in a gambling game, the equipment associated with a gambling game, or a cashless wagering system. (b) It is unlawful for any person, in playing or using any gambling game, the equipment associated with a gambling game, or a cashless wagering system designed to be played with, receive, or be operated by chips, tokens, wagering credits or other wagering instruments approved by the California Gambling Control Commission or a tribal gaming agency, or by lawful coin of the United States of America to either: (1) Knowingly use chips, tokens, wagering credits, or other wagering instruments not approved by the California Gambling Control Commission or a tribal gaming agency, or lawful coin, legal tender of the United States of America, or use coins or tokens not of the same denomination as the coins or tokens intended to be used in that gambling game, associated equipment, or cashless wagering system. (2) Use any device or means to violate this section or Section 337u, 337v, 337x, or 337y. (c) It is unlawful for any person, not a duly authorized employee of a gambling establishment acting in furtherance of his or her employment within that establishment, to possess any device intended to be used to violate this section or Section 337u, 337v, 337x, or 337y. (d) It is unlawful for any person, not a duly authorized employee of a gambling establishment acting in furtherance of his or her employment within that establishment, to possess any key or device known to have been designed for the purpose of, and suitable for, opening, entering, or affecting the operation of any gambling game, cashless wagering system, or dropbox, or for removing money or other contents from the game, system, or box. (e) It is unlawful for any person to possess any paraphernalia for manufacturing slugs. As used in this subdivision, “paraphernalia for manufacturing slugs” means the equipment, products, and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing, or concealing a counterfeit facsimile of the chips, tokens, debit instruments, or other wagering instruments approved by the California Gambling Control Commission or a tribal gaming agency, or a lawful coin of the United States, the use of which is unlawful pursuant to subdivision (b). The term “paraphernalia for manufacturing slugs” includes, but is not limited to, any of the following: (1) Lead or lead alloys. (2) Molds, forms, or similar equipment capable of producing a likeness of a gaming token or lawful coin of the United States. (3) Melting pots or other receptacles. (4) Torches. (5) Tongs, trimming tools, or other similar equipment. (6) Equipment which can be reasonably demonstrated to manufacture facsimiles of debit instruments or wagering instruments approved by the California Gambling Control Commission or a tribal gaming agency. (Added by Stats. 2002, Ch. 624, Sec. 4. Effective January 1, 2003.)
  186. 337x

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    Cheating at any gambling game in a gambling establishment is unlawful.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337x. It is unlawful to cheat at any gambling game in a gambling establishment. (Added by Stats. 2002, Ch. 624, Sec. 5. Effective January 1, 2003.)
  187. 337y

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    Section 337y makes it unlawful to make, sell, or distribute gambling-related items intended for use in violating certain gaming sections, to tamper with gambling game devices in ways that affect outcomes, and to instruct others in cheating or device use for cheating with the required knowledge or intent.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337y. It is unlawful to do either of the following: (a) Manufacture, sell, or distribute any cards, chips, dice, game, or device which is intended to be used to violate Section 337u, 337v, 337w, or 337x. (b) Mark, alter, or otherwise modify any gambling game device or associated equipment in a manner that either: (1) Affects the result of a wager by determining win or loss. (2) Alters the normal criteria of random selection, which affects the operation of a gambling game or which determines the outcome of a game. (c) It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use conveyed may be employed to violate Section 337u, 337v, 337w, or 337x. (Added by Stats. 2002, Ch. 624, Sec. 6. Effective January 1, 2003.)
  188. 337z

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. )

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    This section sets the punishment for violating or attempting to violate certain gaming provisions, including jail, fines, or both.

    ## 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 10. Gaming [330 - 337z] ( Chapter 10 enacted 1872. ) ## 337z. (a) Any person who violates Section 337u, 337v, 337w, 337x, or 337y shall be punished as follows: (1) For the first violation, by imprisonment in a county jail for a term not to exceed one year, or by a fine of not more than ten thousand dollars ($10,000), or by both imprisonment and fine. (2) For a second or subsequent violation of any of those sections, by imprisonment in a county jail for a term not to exceed one year or by a fine of not more than fifteen thousand dollars ($15,000), or by both imprisonment and fine. (b) A person who attempts to violate Section 337u, 337v, 337w, 337x, or 337y shall be punished in the same manner as the underlying crime. (c) This section does not preclude prosecution under Section 332 or any other provision of law. (Amended by Stats. 2005, Ch. 546, Sec. 7. Effective January 1, 2006.)
  189. 33800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Procedure for Taking Firearm into Custody [33800- 33800.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    When a law enforcement officer takes a firearm into custody, the officer must give the possessor a receipt describing the firearm and any serial number or other identification.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Procedure for Taking Firearm into Custody [33800- 33800.] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33800. (a) When a firearm is taken into custody by a law enforcement officer, the officer shall issue the person who possessed the firearm a receipt describing the firearm, and listing any serial number or other identification on the firearm. (b) The receipt shall indicate where the firearm may be recovered, any applicable time limit for recovery, and the date after which the owner or possessor may recover the firearm pursuant to Chapter 2 (commencing with Section 33850). (c) Nothing in this section is intended to displace any existing law regarding the seizure or return of firearms. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  190. 33850.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    People seeking return of a firearm, ammunition feeding device, or ammunition from court or law enforcement custody must apply to the Department of Justice through CFARS and include required information.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33850. (a) Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following: (1) The applicant’s name, date and place of birth, gender, telephone number, and complete address. (2) Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicant’s country of citizenship and the applicant’s United States Citizenship and Immigration Services-assigned number or I-94 number. (3) If the seized property is a firearm, the firearm’s make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact. (4) For residents of California, the applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicant’s military identification with orders indicating that the individual is stationed in California, or a copy of the applicant’s valid driver’s license from the applicant’s state of residence, or a copy of the applicant’s state identification card from the applicant’s state of residence. Copies of the documents provided by non-California residents shall be notarized. (5) The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition. (6) The signature of the applicant and the date of signature. (7) Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor. (b) A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545. (c) A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10. (d) Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor. (e) This section shall become operative on July 1, 2020. (Amended (as added by Stats. 2018, Ch. 780, Sec. 10) by Stats. 2021, Ch. 296, Sec. 53. (AB 1096) Effective January 1, 2022.)
  191. 33855.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A court or law enforcement agency may not return a seized firearm, ammunition feeding device, or ammunition unless the stated eligibility and verification 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 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33855. A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied: (a) The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition. (b) If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return. (c) If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865. (d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department. (e) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 864, Sec. 7.6. (AB 2222) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  192. 33860.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must set and periodically review fees for return-of-firearm requests, and collected fees must be deposited into a special account.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33860. (a) The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter. (b) The fees collected pursuant to subdivision (a) shall be deposited into the Dealers’ Record of Sale Special Account. (c) The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications submitted pursuant to this section. (d) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 14. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  193. 33865.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must run an eligibility check when it receives a completed firearm application and fee, finish the background check within 30 days unless delayed, and notify the applicant of the result.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33865. (a) When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. (b) The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay. (c) If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following: (1) The identity of the applicant. (2) A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. (3) If applicable, a description of the firearm by make, model, and serial number, 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. (d) The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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. (e) If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer. (f) If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process. (g) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 16. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  194. 33870.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    An applicant may be entitled to sell or transfer certain firearms or ammunition to a licensed dealer/vendor, or to have them stored during a prohibition period, if 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 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33870. (a) If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830. (b) If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owner’s identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865. (c) This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880. (d) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 18. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  195. 33875.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A court or law enforcement agency does not have to keep a firearm, ammunition feeding device, or ammunition for more than 180 days after the owner is notified it is available for return. After that period, an unclaimed item may be disposed of.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33875. (a) Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired. (b) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 20. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  196. 33880.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Local or state agencies may charge administrative costs for certain firearm-related seizure, storage, and release activities, but the fee cannot exceed actual costs and is limited in who can be charged.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33880. (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition. (b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner. (c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency. (d) The following apply to any charges imposed for administrative costs pursuant to this section: (1) The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition. (2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition. (3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code. (4) A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. (e) Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner. (f) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 22. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  197. 33885.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    In certain firearm return proceedings against a law enforcement agency, the court must award reasonable attorney’s fees to the prevailing party.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33885. (a) In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorney’s fees to the prevailing party. (b) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 24. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  198. 33895.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain firearm and ammunition transfers made under this chapter from specified code sections, and it becomes operative on July 1, 2020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Return or Transfer of Firearm in Custody or Control of Court or Law Enforcement Agency [33850 - 33895] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 33895. (a) Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter. (b) Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter. (c) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 26. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  199. 3400.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    When a woman is committed or transferred to the institution, the custody officer must deliver her there and provide a certified abstract of the conviction and commitment or transfer 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3400. Upon the commitment or transfer of any woman to the institution it shall be the duty of the officer having custody of her or required to take custody of her, to deliver her to said institution, receiving therefor the fees payable for the transportation of prisoners to the state prisons. Such officer shall at the same time deliver to said institution a certified abstract of the judgment of conviction and of the order of commitment or order of transfer. Every woman so committed or transferred under this act shall be accompanied by a woman attendant from the place of commitment or transfer until delivered to said institution. (Amended by Stats. 1951, Ch. 460.)
  200. 34000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction [34000 - 34010] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Certain firearms held by specified public officers must be destroyed after 180 days if they are unneeded exhibits or unclaimed/abandoned property, subject to listed exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction [34000 - 34010] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005. (b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code. (c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedent’s estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law. (Amended by Stats. 2024, Ch. 547, Sec. 2. (SB 1019) Effective January 1, 2025.)

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