SECTIONS 12800-12809

12800.  It is the intent of the Legislature in enacting this articleto require that persons who obtain handguns have a basic familiaritywith those firearms, including, but not limited to, the safehandling and storage of those firearms. It is not the intent of theLegislature to require a handgun safety certificate for the merepossession of a firearm.12801.  (a) As used in this article, the following definitions shallapply: (1) "Department" means the Department of Justice. (2) "DOJ Certified Instructor" or "certified instructor" means aperson designated as a handgun safety instructor by the Department ofJustice pursuant to subdivision (d) of Section 12804. (b) No person shall do either of the following: (1) Purchase or receive any handgun, except an antique firearm, asdefined in paragraph (16) of subsection (a) of Section 921 of Title18 of the United States Code, without a valid handgun safetycertificate. (2) Sell, deliver, loan, or transfer any handgun, except anantique firearm, as defined in paragraph (16) of subsection (a) ofSection 921 of Title 18 of the United States Code, to any person whodoes not have a valid handgun safety certificate. (c) Any person who violates subdivision (b) is guilty of amisdemeanor. (d) The provisions of this section are cumulative, and shall notbe construed as restricting the application of any other law.However, an act or omission punishable in different ways by differentprovisions of this code shall not be punished under more than oneprovision.12802.  (a) No person may commit an act of collusion as specified inSection 12072. (b) Any person who alters, counterfeits, or falsifies a handgunsafety certificate, or who uses or attempts to use any altered,counterfeited, or falsified handgun safety certificate to purchase ahandgun is guilty of a misdemeanor. (c) The provisions of this section are cumulative and shall not beconstrued as restricting the application of any other law. However,an act or omission punishable in different ways by this section anddifferent provisions of this code shall not be punished under morethan one provision.12803.  (a) No certified instructor may issue a handgun safetycertificate to any person who has not complied with this article.Proof of compliance shall be forwarded to the department by certifiedinstructors as frequently as the department may determine. (b) No certified instructor may issue a handgun safety certificateto any person who is under 18 years of age. (c) A violation of this section shall be grounds for thedepartment to revoke the instructor's certification to issue handgunsafety certificates.12804.  (a) The department shall develop an instruction manual inEnglish and in Spanish by October 1, 2002. The department shall makethe instructional manual available to firearms dealers licensedpursuant to Section 12071, who shall make it available to the generalpublic. Essential portions of the manual may be included in thepamphlet described in Section 12080. (b) The department shall develop audiovisual materials in Englishand in Spanish by March 1, 2003, to be issued to instructorscertified by the department. (c) (1) The department shall develop a written objective test, inEnglish and in Spanish, and prescribe its content, form, and manner,to be administered by an instructor certified by the department. Ifthe person taking the test is unable to read, the examination shallbe administered orally. The test shall cover, but not be limited to,all of the following: (A) The laws applicable to carrying and handling firearms,particularly handguns. (B) The responsibilities of ownership of firearms, particularlyhandguns. (C) Current law as it relates to the private sale and transfer offirearms. (D) Current law as it relates to the permissible use of lethalforce. (E) What constitutes safe firearm storage. (F) Issues associated with bringing a handgun into the home. (G) Prevention strategies to address issues associated withbringing firearms into the home. (2) If the person taking the test is unable to read English orSpanish, the test may be applied orally by a translator. (d) The department shall prescribe a minimum level of skill,knowledge and competency to be required of all handgun safetycertificate instructors. (e) If a dealer licensed pursuant to Section 12071 or his or heremployee, or where the managing officer or partner is certified as aninstructor pursuant to this article, he or she shall also designatea separate room or partitioned area for a person to take theobjective test, and maintain adequate supervision to assure that noacts of collusion occur while the objective test is beingadministered. (f) The department shall solicit input from any reputableassociation or organization, including any law enforcementassociation that has as one of its objectives the promotion offirearms safety, in the development of the handgun safety certificateinstructional materials. (g) The department shall develop handgun safety certificates to beissued by instructors certified by the department, to those personswho have complied with this article. (h) The department shall be immune from any liability arising fromimplementing this section. (i) The department shall update test materials related to thisarticle every five years. (j) Department Certified Instructor applicants shall have acertification to provide training from one of the followingorganizations as specified, or any entity found by the department togive comparable instruction in firearms safety, or the applicantshall have similar or equivalent training to that provided by thefollowing, as determined by the department: (1) Department of Consumer Affairs, State of California-FirearmTraining Instructor. (2) Director of Civilian Marksmanship, Instructor or Rangemaster. (3) Federal Government, Certified Rangemaster or FirearmInstructor. (4) Federal Law Enforcement Training Center, Firearm InstructorTraining Program or Rangemaster. (5) United States Military, Military Occupational Specialty (MOS)as marksmanship or firearms instructor. Assignment as Range Officeror Safety Officer are not sufficient. (6) National Rifle Association-Certified Instructor, LawEnforcement 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 toteach a firearm training course.12805.  (a) An applicant for a handgun safety certificate shallsuccessfully pass the objective test referred to in paragraph (1) ofsubdivision (c) of Section 12804, with a passing grade of at least 75percent. Any person receiving a passing grade on the objective testshall immediately be issued a handgun safety certificate by theinstructor. (b) An applicant who fails to pass the objective test upon thefirst attempt shall be offered additional instructional materials bythe instructor such as a videotape or booklet. The person may notretake the objective test under any circumstances until 24 hours haveelapsed after the failure to pass the objective test upon the firstattempt. The person failing the test on the first attempt shall takeanother version of the test upon the second attempt. All tests shallbe taken from the same instructor except upon permission by thedepartment, which shall be granted only for good cause shown. Theinstructor shall make himself or herself available to the applicantduring regular business hours in order to retake the test. (c) The certified instructor may charge a fee of twenty-fivedollars ($25), fifteen dollars ($15) of which is to be paid to thedepartment pursuant to subdivision (e). (d) An applicant to renew a handgun safety certificate shall berequired to pass the objective test. The certified instructor maycharge a fee of twenty-five dollars ($25), fifteen dollars ($15) ofwhich is to be forwarded to the department pursuant to subdivision(e). (e) The department may charge the certified instructor up tofifteen dollars ($15) for each handgun safety certificate issued bythat instructor to cover the department's cost in carrying out andenforcing this article, and enforcing this title, as determinedannually by the department. (f) All money received by the department pursuant to this articleshall be deposited into the Firearms Safety and Enforcement SpecialFund created pursuant to Section 12076.5. (g) The department shall conduct enforcement activities,including, but not limited to, law enforcement activities to ensurecompliance with Title 2 (commencing with Section 12000) of Part 4.12806.  (a) A handgun safety certificate shall include, but not belimited to, the following information: (1) A unique handgun 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. (b) The handgun safety certificate shall expire five years afterthe date that it was issued by the certified instructor.12807.  (a) The following persons, properly identified, are exemptedfrom the handgun safety certificate requirement in subdivision (b)of Section 12801: (1) Any active or honorably retired peace officer, as defined inChapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Any active or honorably retired federal officer or lawenforcement agent. (3) Any reserve peace officer, as defined in Section 832.6. (4) Any person who has successfully completed the course oftraining specified in Section 832. (5) A firearms dealer licensed pursuant to Section 12071, who isacting in the course and scope of his or her activities as a personlicensed pursuant to Section 12071. (6) A federally licensed collector who is acquiring or beingloaned a handgun that is a curio or relic, as defined in Section478.11 of Title 27 of the Code of Federal Regulations, who has acurrent certificate of eligibility issued to him or her by thedepartment pursuant to Section 12071. (7) A person to whom a handgun is being returned, where the personreceiving the firearm is the owner of the firearm. (8) A family member of a peace officer or deputy sheriff from alocal agency who receives a firearm pursuant to Section 50081 of theGovernment Code. (9) Any individual who has a valid concealed weapons permit issuedpursuant to Section 12050. (10) An active, or honorably retired member of the United StatesArmed Forces, the National Guard, the Air National Guard, the activereserve components of the United States, where individuals in thoseorganizations are properly identified. For purposes of this section,proper identification includes the Armed Forces Identification Card,or other written documentation certifying that the individual is anactive or honorably retired member. (11) Any person who is authorized to carry loaded firearmspursuant to subdivision (c) or (d) of Section 12031. (12) Persons who are the holders of a special weapons permitissued by the department pursuant to Section 12095, 12230, 12250, or12305. (b) The following persons who take title or possession of ahandgun by operation of law in a representative capacity, until orunless they transfer title ownership of the handgun to themselves ina personal capacity, are exempted from the handgun safety certificaterequirement in subdivision (b) of Section 12801: (1) The executor or administrator of an estate. (2) A secured creditor or an agent or employee thereof when thefirearms are possessed as collateral for, or as a result of, or anagent or employee thereof when the firearms are possessed ascollateral for, or as a result of, a default under a securityagreement under the Commercial Code. (3) A levying officer, as defined in Section 481.140, 511.060, or680.260 of the Code of Civil Procedure. (4) A receiver performing his or her functions as a receiver. (5) A trustee in bankruptcy performing his or her duties. (6) An assignee for the benefit of creditors performing his or herfunctions as an assignee.12808.  (a) In the case of loss or destruction of a handgun safetycertificate, the issuing instructor shall issue a duplicatecertificate upon request and proof of identification to thecertificate holder. (b) The department may authorize the issuing instructor to chargea fee not to exceed fifteen dollars ($15), for a duplicatecertificate. Revenues from this fee shall be deposited in theFirearms Safety and Enforcement Special Fund, created pursuant toSection 12076.5.12809.  Except for the provisions of Section 12804, this articleshall become operative on January 1, 2003.