Importing firearms - Revision history

Sysop at 02:45, 6 August 2020

2020-08-06T02:45:31Z

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	(Amended by Stats. 2011, Ch. 745, Sec. 27. (AB 809) Effective January 1, 2012.)		(Amended by Stats. 2011, Ch. 745, Sec. 27. (AB 809) Effective January 1, 2012.)

			==Penal Code section 27570==
			(a) It is the intent of the Legislature that a violation of Section 27560 or 27565 shall not constitute a “continuing offense” and the statute of limitations for commencing a prosecution for a violation of Section 27560 or 27565 commences on the date that the applicable grace period specified in Section 27560 or 27565 expires.

			(b) Sections 27560 and 27565 shall not apply to a person who reports ownership of a handgun after the applicable grace period specified in Section 27560 or 27565 expires if evidence of that violation arises only as the result of the person submitting the report described in Section 27560 or 27565.

	==Penal Code section 27585==		==Penal Code section 27585==

Sysop at 02:44, 6 August 2020

2020-08-06T02:44:46Z

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	(c) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of this code shall not be punished under more than one provision.		(c) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of this code shall not be punished under more than one provision.

			==Penal Code section 27590==
			Penalty for article 1, Penal Code sections 27500 to 27590.

Sysop: /* New Residents */

2020-07-20T23:43:16Z

New Residents

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	(Amended by Stats. 2011, Ch. 745, Sec. 27. (AB 809) Effective January 1, 2012.)		(Amended by Stats. 2011, Ch. 745, Sec. 27. (AB 809) Effective January 1, 2012.)

			==Penal Code section 27585==


			(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

			(b) Subdivision (a) does not apply to or affect any of the following:

			(1) A licensed collector who is subject to and complies with Section 27565.

			(2) A dealer, if the dealer is acting in the course and scope of their activities as a dealer.

			(3) A wholesaler, if the wholesaler is acting in the course and scope of their activities as a wholesaler.

			(4) A person licensed as an importer of firearms or ammunition or licensed as a manufacturer of firearms or ammunition, pursuant to Section 921 et seq. of Title 18 of the United States Code and the regulations issued pursuant thereto if the importer or manufacturer is acting in the course and scope of their activities as a licensed importer or manufacturer.

			(5) A personal firearm importer who is subject to and complies with Section 27560.

			(6) A person who complies with subdivision (b) of Section 27875.

			(7) A person who complies with subdivision (b), (c), or (d) of Section 27920.

			(8) A person who is on the centralized list of exempted federal firearms licensees pursuant to Section 28450 if that person is acting in the course and scope of their activities as a licensee.

			(9) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 acquired by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, if that person is acting within the course and scope of their activities as a licensee and in accordance with the terms and conditions of the permit.

			(10) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 acquired by a person who holds a permit issued pursuant to Section 31005, if that person is acting within the course and scope of their activities as a licensee and in accordance with the terms and conditions of the permit.

			(11) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 acquired by a person who holds a permit issued pursuant to Section 32650, if that person is acting within the course and scope of their activities as a licensee and in accordance with the terms and conditions of the permit.

			(12) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 acquired by a person who holds a permit issued pursuant to Section 33300, if that person is acting within the course and scope of their activities as a licensee and in accordance with the terms and conditions of the permit.

			(13) The importation of a firearm into the state, bringing a firearm into the state, or transportation of a firearm into the state, that is regulated by any of the following statutes, if the acquisition of that firearm occurred outside of California and is conducted in accordance with the applicable provisions of the following statutes:

			(A) Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, relating to destructive devices and explosives.

			(B) Section 24410, relating to cane guns.

			(C) Section 24510, relating to firearms that are not immediately recognizable as firearms.

			(D) Sections 24610 and 24680, relating to undetectable firearms.

			(E) Section 24710, relating to wallet guns.

			(F) Chapter 2 (commencing with Section 30500) of Division 10, relating to assault weapons.

			(G) Section 31500, relating to unconventional pistols.

			(H) Sections 33215 to 33225, inclusive, relating to short-barreled rifles and short-barreled shotguns.

			(I) Chapter 6 (commencing with Section 32610) of Division 10, relating to machineguns.

			(J) Section 33600, relating to zip guns, and the exemptions in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, as they relate to zip guns.

			(14) The importation, transportation, or bringing of a firearm into the state by a person who meets any of the following criteria:

			(A) The person is listed in the registry set forth in Section 11106 as the owner of the firearm.

			(B) The person has been issued documentation by the Department of Justice pursuant to subdivision (b) of Section 11106 that indicates the person is listed in the centralized registry as owning that firearm.

			(C) The person has a copy of a Dealer’s Record of Sale that shows that the person received that firearm from the dealer listed in that Dealer’s Record of Sale and is listed as the owner of the firearm.

			(D) If the firearm is a handgun, the person has a license to carry that handgun pursuant to Chapter 4 (commencing with Section 26150) of Division 5 and the person is licensed to carry that handgun.

			(15) A licensed common carrier or an authorized agent or employee of a licensed common carrier, when acting in the course and scope of duties incident to the delivery of or receipt of that firearm in accordance with federal law.

			(c) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of this code shall not be punished under more than one provision.

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2020-07-20T23:41:45Z

New Residents=

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	=New Residents==		=New Residents=

	==Penal Code section 17000==		==Penal Code section 17000==

Sysop: Created page with " =New Residents== ==Penal Code section 17000== ==Penal Code section 27560== (a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this..."

2020-07-20T23:41:33Z

Created page with " =New Residents== ==Penal Code section 17000== ==Penal Code section 27560== (a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this..."

New page

=New Residents==

==Penal Code section 17000==

==Penal Code section 27560==
(a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this state, a personal firearm importer shall do one of the following:

(1) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.

(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.

(3) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(4) Sell or transfer the firearm to a sheriff or police department.

(b) If all of the following requirements are satisfied, the personal firearm importer shall have complied with the provisions of this section:

(1) The personal firearm importer sells or transfers the firearm pursuant to Section 27545.

(2) The sale or transfer cannot be completed by the dealer to the purchaser or transferee.

(3) The firearm can be returned to the personal firearm importer.

(c) (1) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law.

(2) However, an act or omission punishable in different ways by this article and different provisions of the Penal Code shall not be punished under more than one provision.

(d) The department shall conduct a public education and notification program regarding this section to ensure a high degree of publicity of the provisions of this section.

(e) As part of the public education and notification program described in this section, the department shall do all of the following:

(1) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this section is advised of the provisions of this section, and provided with blank copies of the report described in paragraph (1) of subdivision (a), at the time when that person applies for a California driver’s license or registers a motor vehicle in accordance with the Vehicle Code.

(2) Make the reports referred to in paragraph (1) of subdivision (a) available to dealers licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(3) Make the reports referred to in paragraph (1) of subdivision (a) available to law enforcement agencies.

(4) Make persons subject to the provisions of this section aware of all of the following:

(A) The report referred to in paragraph (1) of subdivision (a) may be completed at either a law enforcement agency or the licensed premises of a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(B) It is advisable to do so for the sake of accuracy and completeness of the report.

(C) Before transporting a firearm to a law enforcement agency to comply with subdivision (a), the person should give notice to the law enforcement agency that the person is doing so.

(D) In any event, the handgun should be transported unloaded and in a locked container and a firearm that is not a handgun should be transported unloaded.

(f) Any costs incurred by the department to implement this section shall be absorbed by the department within its existing budget and the fees in the Dealers’ Record of Sale Special Account allocated for implementation of subdivisions (d) and (e) of this section pursuant to Section 28235.

(Amended by Stats. 2011, Ch. 745, Sec. 27. (AB 809) Effective January 1, 2012.)