16100. Use of the term ".50 BMG cartridge" is governed by Section
30525.
16110. Use of the term ".50 BMG rifle" is governed by Section
30530.
16120. As used in this part, "abuse" means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(d) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
16130. As used in Section 26915, "agent" means an employee of the
licensee.
16140. As used in this part, "air gauge knife" means a device that
appears to be an air gauge but has concealed within it a pointed,
metallic shaft that is designed to be a stabbing instrument which is
exposed by mechanical action or gravity which locks into place when
extended.
16150. (a) As used in Section 30300, "ammunition" means handgun
ammunition as defined in Section 16650.
(b) As used in subdivision (a) of Section 30305 and in Section
30306, "ammunition" includes, but is not limited to, any bullet,
cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence.
"Ammunition" does not include blanks.
16160. As used in this part, "antique cannon" means any cannon
manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade.
16170. (a) As used in Sections 30515 and 30530, "antique firearm"
means any firearm manufactured before January 1, 1899.
(b) As used in Section 16520, Section 16650, subdivision (a) of
Section 23630, paragraph (1) of subdivision (b) of Section 27505, and
subdivision (a) of Section 31615, "antique firearm" has the same
meaning as in Section 921(a)(16) of Title 18 of the United States
Code.
(c) As used in Section 17700, "antique firearm" means either of
the following:
(1) Any firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898. This includes any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898.
(2) Any firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of
commercial trade.
16180. As used in this part, "antique rifle" means a firearm
conforming to the definition of an "antique firearm" in Section
479.11 of Title 27 of the Code of Federal Regulations.
16190. As used in Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4, and in Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, "application
to purchase" means either of the following:
(a) The initial completion of the register by the purchaser,
transferee, or person being loaned a firearm, as required by Section
28210.
(b) The initial completion and transmission to the Department of
Justice of the record of electronic or telephonic transfer by the
dealer on the purchaser, transferee, or person being loaned a
firearm, as required by Section 28215.
16200. Use of the term "assault weapon" is governed by Sections
30510 and 30515.
16220. As used in this part, "ballistic knife" means a device that
propels a knifelike blade as a projectile by means of a coil spring,
elastic material, or compressed gas. Ballistic knife does not include
any device that propels an arrow or a bolt by means of any common
bow, compound bow, crossbow, or underwater speargun.
16230. As used in this part, "ballistics identification system"
includes, but is not limited to, any automated image analysis system
that is capable of storing firearm ballistic markings and tracing
those markings to the firearm that produced them.
16240. As used in this part, "basic firearms safety certificate"
means a certificate issued before January 1, 2003, by the Department
of Justice pursuant to former Article 8 (commencing with Section
12800) of Chapter 6 of Title 2 of Part 4, as that article read at any
time from when it became operative on January 1, 1992, to when it
was repealed on January 1, 2003.
16250. As used in this part, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, not exceeding 6mm
caliber, through the force of air pressure, gas pressure, or spring
action, or any spot marker gun.
16260. As used in this part, "belt buckle knife" is a knife that is
made an integral part of a belt buckle and consists of a blade with
a length of at least two and one-half inches.
16270. As used in this part, "blowgun" means a hollow tube designed
and intended to be used as a tube through which a dart is propelled
by the force of the breath of the user.
16280. As used in this part, "blowgun ammunition" means a dart
designed and intended for use in a blowgun.
16288. As used in Section 31360, "body armor" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the person wearing the body armor.
16290. As used in this part, "body vest" or "body shield" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer or holder.
16300. As used in this part, "bona fide evidence of identity" or
"bona fide evidence of majority and identity" means a document issued
by a federal, state, county, or municipal government, or subdivision
or agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
16310. As used in this part, "boobytrap" means any concealed or
camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
16320. (a) As used in this part, "camouflaging firearm container"
means a container that meets all of the following criteria:
(1) It is designed and intended to enclose a firearm.
(2) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(3) It is not readily recognizable as containing a firearm.
(b) "Camouflaging firearm container" does not include any
camouflaging covering used while engaged in lawful hunting or while
going to or returning from a lawful hunting expedition.
16330. As used in this part, "cane gun" means any firearm mounted
or enclosed in a stick, staff, rod, crutch, or similar device,
designed to be, or capable of being used as, an aid in walking, if
the firearm may be fired while mounted or enclosed therein.
16340. As used in this part, "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
16350. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of accommodating more than 10 rounds. The term
does not apply to a feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds.
16360. As used in this part, "CCW" means "carry concealed weapons."
16370. As used in Sections 31610 to 31700, inclusive, "certified
instructor" or "DOJ Certified Instructor" means a person designated
as a handgun safety instructor by the Department of Justice pursuant
to subdivision (a) of Section 31635.
16380. As used in this part, "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
16400. As used in this part, "clear evidence of the person's
identity and age" means either of the following:
(a) A valid California driver's license.
(b) A valid California identification card issued by the
Department of Motor Vehicles.
16405. As used in this part, "composite knuckles" means any device
or instrument made wholly or partially of composite materials, other
than a medically prescribed prosthetic, that is not metal knuckles,
that is worn for purposes of offense or defense in or on the hand,
and that either protects the wearer's hand while striking a blow or
increases the force of impact from the blow or injury to the
individual receiving the blow.
16410. As used in this part, "consultant-evaluator" means a
consultant or evaluator who, in the course of that person's
profession is loaned firearms from 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, for research
or evaluation, and has a current certificate of eligibility issued
pursuant to Section 26710.
16420. Use of the term "dagger" is governed by Section 16470.
16430. As used in Division 4 (commencing with Section 18250) of
Title 2, "deadly weapon" means any weapon, the possession or
concealed carrying of which is prohibited by any provision listed in
Section 16590.
16440. Use of the term "dealer" is governed by Section 26700.
16450. As used in Sections 31610 to 31700, inclusive, in Chapter 2
(commencing with Section 29030) of Division 7 of Title 4, and in
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4, "department" means the Department of Justice.
16460. (a) As used in Sections 16510, 16520, and 16780, and in
Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
"destructive device" includes any of the following weapons:
(1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
(4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
(5) Any breakable container that contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a
destructive device as that term is used in subdivision (a).
16470. As used in this part, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 21510, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
16480. Use of the term "DOJ Certified Instructor" is governed by
Section 16370.
16490. As used in this part, "domestic violence" means abuse
perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
(c) A person with whom the respondent is having or has had a
dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
(e) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within
the second degree.
16500. Use of the phrase "drop safety requirement for handguns" is
governed by Section 31900.
16510. As used in subdivision (a) of Section 16460 and Chapter 1
(commencing with Section 18710) of Division 5 of Title 2, "explosive"
means any substance, or combination of substances, the primary or
common purpose of which is detonation or rapid combustion, and which
is capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosive" includes,
but is not limited to, any explosive as defined in Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations, and any of the
following:
(a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
of mercury, black powder, smokeless powder, propellant explosives,
detonating primers, blasting caps, or commercial boosters.
(b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6
explosives as classified by the United States Department of
Transportation.
(c) Nitro carbo nitrate substances (blasting agent) classified as
division 1.5 explosives by the United States Department of
Transportation.
(d) Any material designated as an explosive by the State Fire
Marshal. The designation shall be made pursuant to the classification
standards established by the United States Department of
Transportation. The State Fire Marshal shall adopt regulations in
accordance with the Government Code to establish procedures for the
classification and designation of explosive materials or explosive
devices that are not under the jurisdiction of the United States
Department of Transportation pursuant to provisions of Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations that define
explosives.
(e) Certain division 1.4 explosives as designated by the United
States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
(f) As used in Section 16460 and Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2, "explosive" does not include
any destructive device, nor does it include ammunition or small arms
primers manufactured for use in shotguns, rifles, and pistols.
16520. (a) As used in this part, "firearm" means any device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of any explosion or other form of
combustion.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Sections 26500 to 26588, inclusive.
(6) Sections 26700 to 26915, inclusive.
(7) Section 27510.
(8) Section 27530.
(9) Section 27540.
(10) Section 27545.
(11) Sections 27555 to 27570, inclusive.
(12) Sections 29010 to 29150, inclusive.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
16530. (b) Nothing shall prevent a device defined as a "firearm
capable of being concealed upon the person," "pistol," or "revolver"
from also being found to be a short-barreled rifle or a
short-barreled shotgun.
16540. As used in Division 2 (commencing with Section 23620) of
Title 4, "firearm safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized
users from firing a firearm. The device may be installed on a
firearm, be incorporated into the design of the firearm, or prevent
access to the firearm.
16550. As used in this part, "firearm transaction record" is a
record containing the same information referred to in subdivision (a)
of Section 478.124, Section 478.124a, and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations.
16560. Use of the phrase "firing requirement for handguns" is
governed by Section 31905.
16570. As used in this part, "flechette dart" means a dart, capable
of being fired from a firearm, that measures approximately one inch
in length, with tail fins that take up approximately five-sixteenths
of an inch of the body.
16575. (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Article 4 (commencing with Section 12070) of Chapter 1 of
Title 2 of Part 4, entitled "Licenses to Sell Firearms," when that
article was repealed by the Deadly Weapons Recodification Act of
2010:
(1) Section 16130.
(2) Subdivision (b) of Section 16170, to the extent that it
continues former Sections 12078 and 12085, as those sections read
when they were repealed by the Deadly Weapons Recodification Act of
2010.
(3) Section 16230.
(4) Section 16400.
(5) Section 16450, to the extent that it continues subdivision (a)
of former Section 12086, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
(6) Subdivisions (b) and (d) of Section 16520, to the extent that
they continue subdivision (e) of former Section 12085, as that
subdivision read when it was repealed by the Deadly Weapons
Recodification Act of 2010.
(7) Subdivision (g) of Section 16520.
(8) Section 16550.
(9) Section 16620.
(10) Section 16720.
(11) Section 16730.
(12) Section 16740, to the extent that it continues subdivision
(b) of former Section 12079, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
(13) Section 16800.
(14) Section 16810.
(15) Section 16960.
(16) Section 16990.
(17) Section 17110.
(18) Section 17310.
(19) Sections 26500 to 26588, inclusive.
(20) Sections 26600 to 29150, inclusive.
(21) Chapter 2 (commencing with Section 29500) of Division 8 of
Title 4.
(22) Section 30105.
(23) Sections 30150 to 30165, inclusive.
(24) Sections 31705 to 31830, inclusive.
(25) Section 32315.
(26) Section 34205.
(27) Sections 34350 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Article 4 of Chapter 1
provisions."
(c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
16580. (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Chapter 1 (commencing with Section 12000) of Title 2 of Part
4, entitled "Firearms," when that chapter was repealed by the Deadly
Weapons Recodification Act of 2010:
(1) Sections 12001 to 12022.95, inclusive.
(2) Sections 16120 to 16140, inclusive.
(3) Subdivision (b) of Section 16170, to the extent it continues
former Sections 12001, 12060, 12078, 12085, and 12088.8, as those
sections read when they were repealed by the Deadly Weapons
Recodification Act of 2010.
(4) Subdivision (c) of Section 16170.
(5) Section 16190.
(6) Sections 16220 to 16240, inclusive.
(7) Section 16250, to the extent it continues former Section
12001, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(8) Section 16260.
(9) Sections 16320 to 16340, inclusive.
(10) Section 16360.
(11) Sections 16400 to 16410, inclusive.
(12) Section 16430.
(13) Section 16450, to the extent it continues former Sections
12060 and 12086, as those sections read when they were repealed by
the Deadly Weapons Recodification Act of 2010.
(14) Subdivision (b) of Section 16460.
(15) Section 16470.
(16) Section 16490.
(17) Subdivision (a) of Section 16520, to the extent it continues
former Section 12001, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010.
(18) Subdivisions (b) to (g), inclusive, of Section 16520.
(19) Sections 16530 to 16550, inclusive.
(20) Section 16570.
(21) Sections 16600 to 16640, inclusive.
(22) Section 16650, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(23) Section 16662, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(24) Sections 16670 to 16690, inclusive.
(25) Sections 16720 to 16760, inclusive.
(26) Sections 16800 and 16810.
(27) Sections 16830 to 16870, inclusive.
(28) Sections 16920 to 16960, inclusive.
(29) Sections 16990 and 17000.
(30) Sections 17020 to 17070, inclusive.
(31) Section 17090, to the extent it continues former Section
12020, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(32) Section 17110.
(33) Section 17125.
(34) Section 17160.
(35) Sections 17170 to 17200, inclusive.
(36) Sections 17270 to 17290, inclusive.
(37) Sections 17310 and 17315.
(38) Sections 17330 to 17505, inclusive.
(39) Sections 17515 to 18500, inclusive.
(40) Sections 19100 to 19290, inclusive.
(41) Sections 20200 to 21390, inclusive.
(42) Sections 21790 to 22490, inclusive.
(43) Sections 23500 to 30290, inclusive.
(44) Sections 30345 to 30365, inclusive.
(45) Sections 31500 to 31590, inclusive.
(46) Sections 31705 to 31830, inclusive.
(47) Sections 32310 to 32450, inclusive.
(48) Sections 32900 to 33320, inclusive.
(49) Sections 33600 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
16585. (a) Except as stated in subdivision (d), the following
provisions are continuations of provisions that were included in
former Section 12078, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010:
(1) Subdivision (b) of Section 16170, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(2) Section 16720.
(3) Subdivision (a) of Section 16730, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(4) Subdivision (b) of Section 16730.
(5) Section 16990.
(6) Sections 26600 to 26615, inclusive.
(7) Sections 26950 to 27140, inclusive.
(8) Sections 27400 to 27415, inclusive.
(9) Subdivision (b) of Section 27505, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(10) Sections 27600 to 28000, inclusive.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 30150 to 30165, inclusive.
(13) Sections 31705 to 31830, inclusive.
(14) Sections 34355 to 34370, inclusive.
(b) Except as stated in subdivision (d), the provisions listed in
subdivision (a) may be referred to as "former Section 12078
provisions."
(c) Except as stated in subdivision (d), the following provisions
are continuations of provisions that were included in subdivision (a)
of former Section 12078, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010:
(1) Sections 26600 to 26615, inclusive.
(2) Section 26950.
(3) Sections 27050 to 27065, inclusive.
(4) Sections 27400 to 27415, inclusive.
(5) Sections 27600 to 27615, inclusive.
(6) Section 27650.
(7) Sections 27850 to 27860, inclusive.
(8) Sections 28400 to 28415, inclusive.
(9) Sections 30150 to 30165, inclusive.
(10) Sections 31705 to 31735, inclusive.
(11) Sections 34355 to 34370, inclusive.
(d) Subdivisions (a) and (c) do not include any provision that was
first codified in one of the specified numerical ranges after the
effective date of the Deadly Weapons Recodification Act of 2010.
16590. As used in this part, "generally prohibited weapon" means
any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as
prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as
prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section
24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition,
as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm,
as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly
known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as
prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica
handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section
32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as
prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
16600. As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, "great bodily injury" means a significant or
substantial physical injury.
16610. As used in this part, "gun safe" means a locking container
that fully contains and secures one or more firearms, and that meets
the standards for gun safes adopted pursuant to Section 23650.
16620. As used in this part, "Gun Show Trader" means a person
described in Section 26525.
16630. As used in this part, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
16640. (a) As used in this part, "handgun" means any pistol,
revolver, or firearm capable of being concealed upon the person.
(b) Nothing shall prevent a device defined as a "handgun" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.
16650. (a) As used in this part, "handgun ammunition" means
ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
(b) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique
firearm.
(2) Blanks.
16660. As used in this part, "handgun ammunition designed primarily
to penetrate metal or armor" means any ammunition, except a shotgun
shell or ammunition primarily designed for use in a rifle, that is
designed primarily to penetrate a body vest or body shield, and has
either of the following characteristics:
(a) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
(b) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
16662. As used in this part, "handgun ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any handgun ammunition, or that
holds itself out as engaged in the business of selling any handgun
ammunition.
16670. As used in this part, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Sections
31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
16680. As used in this part, "hard wooden knuckles" means any
device or instrument made wholly or partially of wood or paper
products that is not metal knuckles, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow, or increases the force of impact
from the blow or injury to the individual receiving the blow. The
composite materials, wood, or paper products contained in the device
may help support the hand or fist, provide a shield to protect it, or
consist of projections or studs that would contact the individual
receiving a blow.
16690. As used in Sections 25650 and 26020, Article 2 (commencing
with Section 25450) of Chapter 2 of Division 5 of Title 4, and
Article 3 (commencing with Section 25900) of Chapter 3 of Division 5
of Title 4, "honorably retired" includes any peace officer who has
qualified for, and has accepted, a service or disability retirement.
As used in those provisions, "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
16700. (a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
(b) As used in Section 20165, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
(2) A BB device.
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.
16720. As used in this part, "immediate family member" means either
of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
16730. (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without
regularity.
(b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns.
16740. As used in this part, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action
firearm.
16750. (a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(b) As used in Article 2 (commencing with Section 25850), Article
3 (commencing with Section 25900), and Article 4 (commencing with
Section 26000) of Chapter 3 of Division 5 of Title 4, "lawful
possession of the firearm" means that the person who has possession
or custody of the firearm either lawfully acquired and lawfully owns
the firearm or has the permission of the lawful owner or person who
otherwise has apparent authority to possess or have custody of the
firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.
16760. As used in this part, a "leaded cane" means a staff, crutch,
stick, rod, pole, or similar device, unnaturally weighted with lead.
16770. As used in this part, "less lethal ammunition" means any
ammunition that satisfies both of the following requirements:
(a) It is designed to be used in any less lethal weapon or any
other kind of weapon (including, but not limited to, any firearm,
pistol, revolver, shotgun, rifle, or spring, compressed air, or
compressed gas weapon).
(b) When used in a less lethal weapon or other weapon, it is
designed to immobilize, incapacitate, or stun a human being through
the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.
16780. As used in this part:
(a) "Less lethal weapon" means any device that is designed to or
that has been converted to expel or propel less lethal ammunition by
any action, mechanism, or process for the purpose of incapacitating,
immobilizing, or stunning a human being through the infliction of any
less than lethal impairment of physical condition, function, or
senses, including physical pain or discomfort. It is not necessary
that a weapon leave any lasting or permanent incapacitation,
discomfort, pain, or other injury or disability in order to qualify
as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
(1) Pistol, revolver, or firearm.
(2) Machinegun.
(3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
(4) A pistol, rifle, or shotgun that is a firearm having a barrel
less than 0.18 inches in diameter and that is designed to expel a
projectile by any mechanical means or by compressed air or gas.
(5) When used as designed or intended by the manufacturer, any
weapon that is commonly regarded as a toy gun, and that as a toy gun
is incapable of inflicting any impairment of physical condition,
function, or senses.
(6) A destructive device.
(7) A tear gas weapon.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon.
16790. As used in Article 5 (commencing with Section 30900) and
Article 7 (commencing with Section 31050) of Chapter 2 of Division 10
of Title 4, "licensed gun dealer" means a person who is licensed
pursuant to Sections 26700 to 26915, inclusive, and who has a permit
to sell assault weapons or .50 BMG rifles pursuant to Section 31005.
16800. As used in this part, "licensed gun show producer" means a
person who has been issued a certificate of eligibility by the
Department of Justice pursuant to Section 27200. No regulations shall
be required to implement this section.
16810. As used in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4, "licensed premises," "licensee's business premises," or
"licensee's place of business" means the building designated in the
license.
16820. (a) For purposes of the provisions listed in Section 16580,
use of the term "licensee" is governed by Section 26700.
(b) For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "licensee" is governed by
Section 29030.
16822. Use of the term "licensee's business premises" is governed
by Section 16810.
16824. Use of the term "licensee's place of business" is governed
by Section 16810.
16830. As used in this part, a "lipstick case knife" means a knife
enclosed within and made an integral part of a lipstick case.
16840. (a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
(b) As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, in subparagraph (A) of paragraph (6) of
subdivision (c) of Section 25400, and in Sections 25850 to 26055,
inclusive,
(1) A firearm shall be deemed to be "loaded" when there is an
unexpended cartridge or shell, consisting of a case that holds a
charge of powder and a bullet or shot, in, or attached in any manner
to, the firearm, including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall
be deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
and in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, "locked container" means a secure container
that is fully enclosed and locked by a padlock, keylock, combination
lock, or similar locking device. The term "locked container" does not
include the utility or glove compartment of a motor vehicle.
16860. As used in Sections 16850, 25105, and 25205, "locking device"
means a device that is designed to prevent a firearm from
functioning and, when applied to the firearm, renders the firearm
inoperable.
16870. As used in this part, "long-gun safe" means a locking
container designed to fully contain and secure a rifle or shotgun,
which has a locking system consisting of either a mechanical
combination lock or an electronic combination lock that has at least
1,000 possible unique combinations consisting of a minimum of three
numbers, letters, or symbols per combination, and is not listed on
the roster maintained pursuant to Section 23655.
16880. (a) As used in this part, "machinegun" means any weapon that
shoots, is designed to shoot, or can readily be restored to shoot,
automatically more than one shot, without manual reloading, by a
single function of the trigger.
(b) The term "machinegun" also includes the frame or receiver of
any weapon described in subdivision (a), any part designed and
intended solely and exclusively, or combination of parts designed and
intended, for use in converting a weapon into a machinegun, and any
combination of parts from which a machinegun can be assembled if
those parts are in the possession or under the control of a person.
(c) The term "machinegun" also includes any weapon deemed by the
federal Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing with Section
5801) of Title 26 of the United States Code.
16890. As used in Section 30515, "magazine" means any ammunition
feeding device.
16900. As used in this part, "magazine disconnect mechanism" means
a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
16920. As used in this part, "metal knuckles" means any device or
instrument made wholly or partially of metal that is worn for
purposes of offense or defense in or on the hand and that either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
16930. As used in this part, a "multiburst trigger activator" means
either of the following:
(a) A device designed or redesigned to be attached to a
semiautomatic firearm, which allows the firearm to discharge two or
more shots in a burst by activating the device.
(b) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
16940. As used in this part, "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars, or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
16960. As used in Article 1 (commencing with Section 26500) of
Chapter 1 of Division 6 of Title 4, "operation of law" includes, but
is not limited to, any of the following:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when a firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(i) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the
Civil Code.
16965. As used in this part, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
16970. As used in Sections 16790 and 17505 and in Chapter 2
(commencing with Section 30500) of Division 10 of Title 4, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
16980. Use of the term "person licensed pursuant to Sections 26700
to 26915, inclusive" is governed by Section 26700.
16990. As used in any provision listed in subdivision (a) of
Section 16585, the phrase "a person taking title or possession of a
firearm by operation of law" includes, but is not limited to, any of
the following instances in which an individual receives title to, or
possession of, a firearm:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when the firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property consisting of a firearm pursuant
to Section 850 of the Family Code.
(h) A firearm passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
(i) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(j) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.
17000. (a) As used in this part, "personal handgun importer" means
an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Sections
26700 to 26915, inclusive.
(2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
(3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a handgun.
(5) The individual acquired that handgun outside of California.
(6) The individual moved into this state on or after January 1,
1998, as a resident of this state.
(7) The individual intends to possess that handgun within this
state on or after January 1, 1998.
(8) The handgun was not delivered to the individual by a person
licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that firearm following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive.
(9) The individual, while a resident of this state, had not
previously reported ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
(10) The handgun is not a firearm that is prohibited by any
provision listed in Section 16590.
(11) The handgun is not an assault weapon.
(12) The handgun is not a machinegun.
(13) The person is 18 years of age or older.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
17010. Use of the term "pistol" is governed by Section 16530.
17020. For purposes of this part, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of the applicant's working hours for
purposes of that employment or business.
17030. As used in this part, "prohibited area" means any place
where it is unlawful to discharge a weapon.
17070. As used in this part, "responsible adult" means a person at
least 21 years of age who is not prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
17080. Use of the term "revolver" is governed by Section 16530.
17090. As used in Sections 16530, 16640, 16650, 16660, 16870, and
17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision
(f) of Section 27555, Article 2 (commencing with Section 30300) of
Chapter 1 of Division 10 of Title 4, and Article 1 (commencing with
Section 33210) of Chapter 8 of Division 10 of Title 4, "rifle" means
a weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade
to use the energy of the explosive in a fixed cartridge to fire only
a single projectile through a rifled bore for each single pull of
the trigger.
17110. As used in Section 26890, "secure facility" means a building
that meets all of the following specifications:
(a) All perimeter doorways shall meet one of the following:
(1) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(2) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
(3) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
(b) All windows are covered with steel bars.
(c) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(d) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(e) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(f) All steel bars shall be no further than six inches apart.
17111. For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "secure facility" is governed
by Sections 29141 and 29142.
17125. As used in this part, "Security Exemplar" has the same
meaning as in Section 922 of Title 18 of the United States Code.
17140. As used in Sections 16900 and 31910, "semiautomatic pistol"
means a pistol with an operating mode that uses the energy of the
explosive in a fixed cartridge to extract a fired cartridge and
chamber a fresh cartridge with each single pull of the trigger.
17160. As used in this part, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it, which may
be exposed by a flip of the wrist or by a mechanical action.
17170. As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled rifle" means any of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in
length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
17180. As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled shotgun" means any of the following:
(a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.
(b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
17190. As used in Sections 16530, 16640, 16870, and 17180, Sections
17720 to 17730, inclusive, Section 17740, subdivision (f) of Section
27555, Section 30215, and Article 1 (commencing with Section 33210)
of Chapter 8 of Division 10 of Title 4, "shotgun" means a weapon
designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire through
a smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
17200. As used in this part, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape, for use as a weapon for throwing.
17210. As used in Chapter 9 (commencing with Section 33410) of
Division 10 of Title 4, "silencer" means any device or attachment of
any kind designed, used, or intended for use in silencing,
diminishing, or muffling the report of a firearm. The term "silencer"
also includes any combination of parts, designed or redesigned, and
intended for use in assembling a silencer or fabricating a silencer
and any part intended only for use in assembly or fabrication of a
silencer.
17220. Use of the term "SKS rifle" is governed by Section 30710.
17230. As used in this part, "stun gun" means any item, except a
less lethal weapon, used or intended to be used as either an
offensive or defensive weapon that is capable of temporarily
immobilizing a person by the infliction of an electrical charge.
17235. As used in this part, "switchblade knife" means a knife
having the appearance of a pocketknife and includes a spring-blade
knife, snap-blade knife, gravity knife, or any other similar type
knife, the blade or blades of which are two or more inches in length
and which can be released automatically by a flick of a button,
pressure on the handle, flip of the wrist or other mechanical device,
or is released by the weight of the blade or by any type of
mechanism whatsoever. "Switchblade knife" does not include a knife
that opens with one hand utilizing thumb pressure applied solely to
the blade of the knife or a thumb stud attached to the blade,
provided that the knife has a detent or other mechanism that provides
resistance that must be overcome in opening the blade, or that
biases the blade back toward its closed position.
17240. (a) As used in this part, "tear gas" applies to and includes
any liquid, gaseous or solid substance intended to produce temporary
physical discomfort or permanent injury through being vaporized or
otherwise dispersed in the air.
(b) Notwithstanding subdivision (a), "tear gas" does not apply to,
and does not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Food and Agricultural Code, provided that the substance is
not intended to be used to produce discomfort or injury to human
beings.
17250. As used in this part, "tear gas weapon" applies to and
includes:
(a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gas.
(b) Any revolver, pistol, fountain pen gun, billy, or other form
of device, portable or fixed, intended for the projection or release
of tear gas, except those regularly manufactured and sold for use
with firearm ammunition.
17270. As used in this part, an "unconventional pistol" means a
firearm with both of the following characteristics:
(a) It does not have a rifled bore.
(b) It has a barrel or barrels of less than 18 inches in length or
has an overall length of less than 26 inches.
17280. As used in this part, "undetectable firearm" means any
weapon that meets either of the following requirements:
(a) After removal of grips, stocks, and magazines, the weapon is
not as detectable as the Security Exemplar, by a walk-through metal
detector calibrated and operated to detect the Security Exemplar.
(b) Any major component of the weapon, as defined in Section 922
of Title 18 of the United States Code, when subjected to inspection
by the types of X-ray machines commonly used at airports, does not
generate an image that accurately depicts the shape of the component.
Barium sulfate or other compounds may be used in the fabrication of
the component.
17290. As used in this part, "undetectable knife" means any knife
or other instrument, with or without a handguard, that satisfies all
of the following requirements:
(a) It is capable of ready use as a stabbing weapon that may
inflict great bodily injury or death.
(b) It is commercially manufactured to be used as a weapon.
(c) It is not detectable by a metal detector or magnetometer,
either handheld or otherwise, which is set at standard calibration.
17300. Use of the phrase "unsafe handgun" is governed by Section
31910.
17310. As used in this part, "used firearm" means a firearm that
has been sold previously at retail and is more than three years old.
17315. As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means a handgun
ammunition vendor.
17320. For purposes of Section 31360 only, "violent felony" refers
to the specific crimes listed in subdivision (c) of Section 667.5,
and to crimes defined under the applicable laws of the United States
or any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
17330. As used in this part, "wallet gun" means any firearm mounted
or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
17340. (a) As used in this part, "wholesaler" means any person who
is licensed as a dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, who sells, transfers, or assigns
firearms, or parts of firearms, to persons who are licensed as
manufacturers, importers, or gunsmiths pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
or persons licensed pursuant to Sections 26700 to 26915, inclusive,
and includes persons who receive finished parts of firearms and
assemble them into completed or partially completed firearms in
furtherance of that purpose.
(b) "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Sections 26700 to 26915,
inclusive, and the regulations issued pursuant thereto. A wholesaler
also does not include a person dealing exclusively in grips, stocks,
and other parts of firearms that are not frames or receivers
thereof.
17350. As used in this part, "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which i
16100. Use of the term ".50 BMG cartridge" is governed by Section
30525.
16110. Use of the term ".50 BMG rifle" is governed by Section
30530.
16120. As used in this part, "abuse" means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(d) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
16130. As used in Section 26915, "agent" means an employee of the
licensee.
16140. As used in this part, "air gauge knife" means a device that
appears to be an air gauge but has concealed within it a pointed,
metallic shaft that is designed to be a stabbing instrument which is
exposed by mechanical action or gravity which locks into place when
extended.
16150. (a) As used in Section 30300, "ammunition" means handgun
ammunition as defined in Section 16650.
(b) As used in subdivision (a) of Section 30305 and in Section
30306, "ammunition" includes, but is not limited to, any bullet,
cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence.
"Ammunition" does not include blanks.
16160. As used in this part, "antique cannon" means any cannon
manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade.
16170. (a) As used in Sections 30515 and 30530, "antique firearm"
means any firearm manufactured before January 1, 1899.
(b) As used in Section 16520, Section 16650, subdivision (a) of
Section 23630, paragraph (1) of subdivision (b) of Section 27505, and
subdivision (a) of Section 31615, "antique firearm" has the same
meaning as in Section 921(a)(16) of Title 18 of the United States
Code.
(c) As used in Section 17700, "antique firearm" means either of
the following:
(1) Any firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898. This includes any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898.
(2) Any firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of
commercial trade.
16180. As used in this part, "antique rifle" means a firearm
conforming to the definition of an "antique firearm" in Section
479.11 of Title 27 of the Code of Federal Regulations.
16190. As used in Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4, and in Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, "application
to purchase" means either of the following:
(a) The initial completion of the register by the purchaser,
transferee, or person being loaned a firearm, as required by Section
28210.
(b) The initial completion and transmission to the Department of
Justice of the record of electronic or telephonic transfer by the
dealer on the purchaser, transferee, or person being loaned a
firearm, as required by Section 28215.
16200. Use of the term "assault weapon" is governed by Sections
30510 and 30515.
16220. As used in this part, "ballistic knife" means a device that
propels a knifelike blade as a projectile by means of a coil spring,
elastic material, or compressed gas. Ballistic knife does not include
any device that propels an arrow or a bolt by means of any common
bow, compound bow, crossbow, or underwater speargun.
16230. As used in this part, "ballistics identification system"
includes, but is not limited to, any automated image analysis system
that is capable of storing firearm ballistic markings and tracing
those markings to the firearm that produced them.
16240. As used in this part, "basic firearms safety certificate"
means a certificate issued before January 1, 2003, by the Department
of Justice pursuant to former Article 8 (commencing with Section
12800) of Chapter 6 of Title 2 of Part 4, as that article read at any
time from when it became operative on January 1, 1992, to when it
was repealed on January 1, 2003.
16250. As used in this part, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, not exceeding 6mm
caliber, through the force of air pressure, gas pressure, or spring
action, or any spot marker gun.
16260. As used in this part, "belt buckle knife" is a knife that is
made an integral part of a belt buckle and consists of a blade with
a length of at least two and one-half inches.
16270. As used in this part, "blowgun" means a hollow tube designed
and intended to be used as a tube through which a dart is propelled
by the force of the breath of the user.
16280. As used in this part, "blowgun ammunition" means a dart
designed and intended for use in a blowgun.
16288. As used in Section 31360, "body armor" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the person wearing the body armor.
16290. As used in this part, "body vest" or "body shield" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer or holder.
16300. As used in this part, "bona fide evidence of identity" or
"bona fide evidence of majority and identity" means a document issued
by a federal, state, county, or municipal government, or subdivision
or agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
16310. As used in this part, "boobytrap" means any concealed or
camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
16320. (a) As used in this part, "camouflaging firearm container"
means a container that meets all of the following criteria:
(1) It is designed and intended to enclose a firearm.
(2) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(3) It is not readily recognizable as containing a firearm.
(b) "Camouflaging firearm container" does not include any
camouflaging covering used while engaged in lawful hunting or while
going to or returning from a lawful hunting expedition.
16330. As used in this part, "cane gun" means any firearm mounted
or enclosed in a stick, staff, rod, crutch, or similar device,
designed to be, or capable of being used as, an aid in walking, if
the firearm may be fired while mounted or enclosed therein.
16340. As used in this part, "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
16350. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of accommodating more than 10 rounds. The term
does not apply to a feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds.
16360. As used in this part, "CCW" means "carry concealed weapons."
16370. As used in Sections 31610 to 31700, inclusive, "certified
instructor" or "DOJ Certified Instructor" means a person designated
as a handgun safety instructor by the Department of Justice pursuant
to subdivision (a) of Section 31635.
16380. As used in this part, "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
16400. As used in this part, "clear evidence of the person's
identity and age" means either of the following:
(a) A valid California driver's license.
(b) A valid California identification card issued by the
Department of Motor Vehicles.
16405. As used in this part, "composite knuckles" means any device
or instrument made wholly or partially of composite materials, other
than a medically prescribed prosthetic, that is not metal knuckles,
that is worn for purposes of offense or defense in or on the hand,
and that either protects the wearer's hand while striking a blow or
increases the force of impact from the blow or injury to the
individual receiving the blow.
16410. As used in this part, "consultant-evaluator" means a
consultant or evaluator who, in the course of that person's
profession is loaned firearms from 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, for research
or evaluation, and has a current certificate of eligibility issued
pursuant to Section 26710.
16420. Use of the term "dagger" is governed by Section 16470.
16430. As used in Division 4 (commencing with Section 18250) of
Title 2, "deadly weapon" means any weapon, the possession or
concealed carrying of which is prohibited by any provision listed in
Section 16590.
16440. Use of the term "dealer" is governed by Section 26700.
16450. As used in Sections 31610 to 31700, inclusive, in Chapter 2
(commencing with Section 29030) of Division 7 of Title 4, and in
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4, "department" means the Department of Justice.
16460. (a) As used in Sections 16510, 16520, and 16780, and in
Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
"destructive device" includes any of the following weapons:
(1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
(4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
(5) Any breakable container that contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a
destructive device as that term is used in subdivision (a).
16470. As used in this part, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 21510, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
16480. Use of the term "DOJ Certified Instructor" is governed by
Section 16370.
16490. As used in this part, "domestic violence" means abuse
perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
(c) A person with whom the respondent is having or has had a
dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
(e) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within
the second degree.
16500. Use of the phrase "drop safety requirement for handguns" is
governed by Section 31900.
16510. As used in subdivision (a) of Section 16460 and Chapter 1
(commencing with Section 18710) of Division 5 of Title 2, "explosive"
means any substance, or combination of substances, the primary or
common purpose of which is detonation or rapid combustion, and which
is capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosive" includes,
but is not limited to, any explosive as defined in Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations, and any of the
following:
(a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
of mercury, black powder, smokeless powder, propellant explosives,
detonating primers, blasting caps, or commercial boosters.
(b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6
explosives as classified by the United States Department of
Transportation.
(c) Nitro carbo nitrate substances (blasting agent) classified as
division 1.5 explosives by the United States Department of
Transportation.
(d) Any material designated as an explosive by the State Fire
Marshal. The designation shall be made pursuant to the classification
standards established by the United States Department of
Transportation. The State Fire Marshal shall adopt regulations in
accordance with the Government Code to establish procedures for the
classification and designation of explosive materials or explosive
devices that are not under the jurisdiction of the United States
Department of Transportation pursuant to provisions of Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations that define
explosives.
(e) Certain division 1.4 explosives as designated by the United
States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
(f) As used in Section 16460 and Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2, "explosive" does not include
any destructive device, nor does it include ammunition or small arms
primers manufactured for use in shotguns, rifles, and pistols.
16520. (a) As used in this part, "firearm" means any device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of any explosion or other form of
combustion.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Sections 26500 to 26588, inclusive.
(6) Sections 26700 to 26915, inclusive.
(7) Section 27510.
(8) Section 27530.
(9) Section 27540.
(10) Section 27545.
(11) Sections 27555 to 27570, inclusive.
(12) Sections 29010 to 29150, inclusive.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
16530. (b) Nothing shall prevent a device defined as a "firearm
capable of being concealed upon the person," "pistol," or "revolver"
from also being found to be a short-barreled rifle or a
short-barreled shotgun.
16540. As used in Division 2 (commencing with Section 23620) of
Title 4, "firearm safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized
users from firing a firearm. The device may be installed on a
firearm, be incorporated into the design of the firearm, or prevent
access to the firearm.
16550. As used in this part, "firearm transaction record" is a
record containing the same information referred to in subdivision (a)
of Section 478.124, Section 478.124a, and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations.
16560. Use of the phrase "firing requirement for handguns" is
governed by Section 31905.
16570. As used in this part, "flechette dart" means a dart, capable
of being fired from a firearm, that measures approximately one inch
in length, with tail fins that take up approximately five-sixteenths
of an inch of the body.
16575. (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Article 4 (commencing with Section 12070) of Chapter 1 of
Title 2 of Part 4, entitled "Licenses to Sell Firearms," when that
article was repealed by the Deadly Weapons Recodification Act of
2010:
(1) Section 16130.
(2) Subdivision (b) of Section 16170, to the extent that it
continues former Sections 12078 and 12085, as those sections read
when they were repealed by the Deadly Weapons Recodification Act of
2010.
(3) Section 16230.
(4) Section 16400.
(5) Section 16450, to the extent that it continues subdivision (a)
of former Section 12086, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
(6) Subdivisions (b) and (d) of Section 16520, to the extent that
they continue subdivision (e) of former Section 12085, as that
subdivision read when it was repealed by the Deadly Weapons
Recodification Act of 2010.
(7) Subdivision (g) of Section 16520.
(8) Section 16550.
(9) Section 16620.
(10) Section 16720.
(11) Section 16730.
(12) Section 16740, to the extent that it continues subdivision
(b) of former Section 12079, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
(13) Section 16800.
(14) Section 16810.
(15) Section 16960.
(16) Section 16990.
(17) Section 17110.
(18) Section 17310.
(19) Sections 26500 to 26588, inclusive.
(20) Sections 26600 to 29150, inclusive.
(21) Chapter 2 (commencing with Section 29500) of Division 8 of
Title 4.
(22) Section 30105.
(23) Sections 30150 to 30165, inclusive.
(24) Sections 31705 to 31830, inclusive.
(25) Section 32315.
(26) Section 34205.
(27) Sections 34350 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Article 4 of Chapter 1
provisions."
(c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
16580. (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Chapter 1 (commencing with Section 12000) of Title 2 of Part
4, entitled "Firearms," when that chapter was repealed by the Deadly
Weapons Recodification Act of 2010:
(1) Sections 12001 to 12022.95, inclusive.
(2) Sections 16120 to 16140, inclusive.
(3) Subdivision (b) of Section 16170, to the extent it continues
former Sections 12001, 12060, 12078, 12085, and 12088.8, as those
sections read when they were repealed by the Deadly Weapons
Recodification Act of 2010.
(4) Subdivision (c) of Section 16170.
(5) Section 16190.
(6) Sections 16220 to 16240, inclusive.
(7) Section 16250, to the extent it continues former Section
12001, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(8) Section 16260.
(9) Sections 16320 to 16340, inclusive.
(10) Section 16360.
(11) Sections 16400 to 16410, inclusive.
(12) Section 16430.
(13) Section 16450, to the extent it continues former Sections
12060 and 12086, as those sections read when they were repealed by
the Deadly Weapons Recodification Act of 2010.
(14) Subdivision (b) of Section 16460.
(15) Section 16470.
(16) Section 16490.
(17) Subdivision (a) of Section 16520, to the extent it continues
former Section 12001, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010.
(18) Subdivisions (b) to (g), inclusive, of Section 16520.
(19) Sections 16530 to 16550, inclusive.
(20) Section 16570.
(21) Sections 16600 to 16640, inclusive.
(22) Section 16650, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(23) Section 16662, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(24) Sections 16670 to 16690, inclusive.
(25) Sections 16720 to 16760, inclusive.
(26) Sections 16800 and 16810.
(27) Sections 16830 to 16870, inclusive.
(28) Sections 16920 to 16960, inclusive.
(29) Sections 16990 and 17000.
(30) Sections 17020 to 17070, inclusive.
(31) Section 17090, to the extent it continues former Section
12020, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(32) Section 17110.
(33) Section 17125.
(34) Section 17160.
(35) Sections 17170 to 17200, inclusive.
(36) Sections 17270 to 17290, inclusive.
(37) Sections 17310 and 17315.
(38) Sections 17330 to 17505, inclusive.
(39) Sections 17515 to 18500, inclusive.
(40) Sections 19100 to 19290, inclusive.
(41) Sections 20200 to 21390, inclusive.
(42) Sections 21790 to 22490, inclusive.
(43) Sections 23500 to 30290, inclusive.
(44) Sections 30345 to 30365, inclusive.
(45) Sections 31500 to 31590, inclusive.
(46) Sections 31705 to 31830, inclusive.
(47) Sections 32310 to 32450, inclusive.
(48) Sections 32900 to 33320, inclusive.
(49) Sections 33600 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
16585. (a) Except as stated in subdivision (d), the following
provisions are continuations of provisions that were included in
former Section 12078, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010:
(1) Subdivision (b) of Section 16170, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(2) Section 16720.
(3) Subdivision (a) of Section 16730, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(4) Subdivision (b) of Section 16730.
(5) Section 16990.
(6) Sections 26600 to 26615, inclusive.
(7) Sections 26950 to 27140, inclusive.
(8) Sections 27400 to 27415, inclusive.
(9) Subdivision (b) of Section 27505, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(10) Sections 27600 to 28000, inclusive.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 30150 to 30165, inclusive.
(13) Sections 31705 to 31830, inclusive.
(14) Sections 34355 to 34370, inclusive.
(b) Except as stated in subdivision (d), the provisions listed in
subdivision (a) may be referred to as "former Section 12078
provisions."
(c) Except as stated in subdivision (d), the following provisions
are continuations of provisions that were included in subdivision (a)
of former Section 12078, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010:
(1) Sections 26600 to 26615, inclusive.
(2) Section 26950.
(3) Sections 27050 to 27065, inclusive.
(4) Sections 27400 to 27415, inclusive.
(5) Sections 27600 to 27615, inclusive.
(6) Section 27650.
(7) Sections 27850 to 27860, inclusive.
(8) Sections 28400 to 28415, inclusive.
(9) Sections 30150 to 30165, inclusive.
(10) Sections 31705 to 31735, inclusive.
(11) Sections 34355 to 34370, inclusive.
(d) Subdivisions (a) and (c) do not include any provision that was
first codified in one of the specified numerical ranges after the
effective date of the Deadly Weapons Recodification Act of 2010.
16590. As used in this part, "generally prohibited weapon" means
any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as
prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as
prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section
24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition,
as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm,
as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly
known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as
prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica
handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section
32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as
prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
16600. As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, "great bodily injury" means a significant or
substantial physical injury.
16610. As used in this part, "gun safe" means a locking container
that fully contains and secures one or more firearms, and that meets
the standards for gun safes adopted pursuant to Section 23650.
16620. As used in this part, "Gun Show Trader" means a person
described in Section 26525.
16630. As used in this part, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
16640. (a) As used in this part, "handgun" means any pistol,
revolver, or firearm capable of being concealed upon the person.
(b) Nothing shall prevent a device defined as a "handgun" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.
16650. (a) As used in this part, "handgun ammunition" means
ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
(b) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique
firearm.
(2) Blanks.
16660. As used in this part, "handgun ammunition designed primarily
to penetrate metal or armor" means any ammunition, except a shotgun
shell or ammunition primarily designed for use in a rifle, that is
designed primarily to penetrate a body vest or body shield, and has
either of the following characteristics:
(a) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
(b) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
16662. As used in this part, "handgun ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any handgun ammunition, or that
holds itself out as engaged in the business of selling any handgun
ammunition.
16670. As used in this part, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Sections
31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
16680. As used in this part, "hard wooden knuckles" means any
device or instrument made wholly or partially of wood or paper
products that is not metal knuckles, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow, or increases the force of impact
from the blow or injury to the individual receiving the blow. The
composite materials, wood, or paper products contained in the device
may help support the hand or fist, provide a shield to protect it, or
consist of projections or studs that would contact the individual
receiving a blow.
16690. As used in Sections 25650 and 26020, Article 2 (commencing
with Section 25450) of Chapter 2 of Division 5 of Title 4, and
Article 3 (commencing with Section 25900) of Chapter 3 of Division 5
of Title 4, "honorably retired" includes any peace officer who has
qualified for, and has accepted, a service or disability retirement.
As used in those provisions, "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
16700. (a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
(b) As used in Section 20165, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
(2) A BB device.
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.
16720. As used in this part, "immediate family member" means either
of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
16730. (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without
regularity.
(b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns.
16740. As used in this part, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action
firearm.
16750. (a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(b) As used in Article 2 (commencing with Section 25850), Article
3 (commencing with Section 25900), and Article 4 (commencing with
Section 26000) of Chapter 3 of Division 5 of Title 4, "lawful
possession of the firearm" means that the person who has possession
or custody of the firearm either lawfully acquired and lawfully owns
the firearm or has the permission of the lawful owner or person who
otherwise has apparent authority to possess or have custody of the
firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.
16760. As used in this part, a "leaded cane" means a staff, crutch,
stick, rod, pole, or similar device, unnaturally weighted with lead.
16770. As used in this part, "less lethal ammunition" means any
ammunition that satisfies both of the following requirements:
(a) It is designed to be used in any less lethal weapon or any
other kind of weapon (including, but not limited to, any firearm,
pistol, revolver, shotgun, rifle, or spring, compressed air, or
compressed gas weapon).
(b) When used in a less lethal weapon or other weapon, it is
designed to immobilize, incapacitate, or stun a human being through
the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.
16780. As used in this part:
(a) "Less lethal weapon" means any device that is designed to or
that has been converted to expel or propel less lethal ammunition by
any action, mechanism, or process for the purpose of incapacitating,
immobilizing, or stunning a human being through the infliction of any
less than lethal impairment of physical condition, function, or
senses, including physical pain or discomfort. It is not necessary
that a weapon leave any lasting or permanent incapacitation,
discomfort, pain, or other injury or disability in order to qualify
as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
(1) Pistol, revolver, or firearm.
(2) Machinegun.
(3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
(4) A pistol, rifle, or shotgun that is a firearm having a barrel
less than 0.18 inches in diameter and that is designed to expel a
projectile by any mechanical means or by compressed air or gas.
(5) When used as designed or intended by the manufacturer, any
weapon that is commonly regarded as a toy gun, and that as a toy gun
is incapable of inflicting any impairment of physical condition,
function, or senses.
(6) A destructive device.
(7) A tear gas weapon.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon.
16790. As used in Article 5 (commencing with Section 30900) and
Article 7 (commencing with Section 31050) of Chapter 2 of Division 10
of Title 4, "licensed gun dealer" means a person who is licensed
pursuant to Sections 26700 to 26915, inclusive, and who has a permit
to sell assault weapons or .50 BMG rifles pursuant to Section 31005.
16800. As used in this part, "licensed gun show producer" means a
person who has been issued a certificate of eligibility by the
Department of Justice pursuant to Section 27200. No regulations shall
be required to implement this section.
16810. As used in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4, "licensed premises," "licensee's business premises," or
"licensee's place of business" means the building designated in the
license.
16820. (a) For purposes of the provisions listed in Section 16580,
use of the term "licensee" is governed by Section 26700.
(b) For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "licensee" is governed by
Section 29030.
16822. Use of the term "licensee's business premises" is governed
by Section 16810.
16824. Use of the term "licensee's place of business" is governed
by Section 16810.
16830. As used in this part, a "lipstick case knife" means a knife
enclosed within and made an integral part of a lipstick case.
16840. (a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
(b) As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, in subparagraph (A) of paragraph (6) of
subdivision (c) of Section 25400, and in Sections 25850 to 26055,
inclusive,
(1) A firearm shall be deemed to be "loaded" when there is an
unexpended cartridge or shell, consisting of a case that holds a
charge of powder and a bullet or shot, in, or attached in any manner
to, the firearm, including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall
be deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
and in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, "locked container" means a secure container
that is fully enclosed and locked by a padlock, keylock, combination
lock, or similar locking device. The term "locked container" does not
include the utility or glove compartment of a motor vehicle.
16860. As used in Sections 16850, 25105, and 25205, "locking device"
means a device that is designed to prevent a firearm from
functioning and, when applied to the firearm, renders the firearm
inoperable.
16870. As used in this part, "long-gun safe" means a locking
container designed to fully contain and secure a rifle or shotgun,
which has a locking system consisting of either a mechanical
combination lock or an electronic combination lock that has at least
1,000 possible unique combinations consisting of a minimum of three
numbers, letters, or symbols per combination, and is not listed on
the roster maintained pursuant to Section 23655.
16880. (a) As used in this part, "machinegun" means any weapon that
shoots, is designed to shoot, or can readily be restored to shoot,
automatically more than one shot, without manual reloading, by a
single function of the trigger.
(b) The term "machinegun" also includes the frame or receiver of
any weapon described in subdivision (a), any part designed and
intended solely and exclusively, or combination of parts designed and
intended, for use in converting a weapon into a machinegun, and any
combination of parts from which a machinegun can be assembled if
those parts are in the possession or under the control of a person.
(c) The term "machinegun" also includes any weapon deemed by the
federal Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing with Section
5801) of Title 26 of the United States Code.
16890. As used in Section 30515, "magazine" means any ammunition
feeding device.
16900. As used in this part, "magazine disconnect mechanism" means
a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
16920. As used in this part, "metal knuckles" means any device or
instrument made wholly or partially of metal that is worn for
purposes of offense or defense in or on the hand and that either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
16930. As used in this part, a "multiburst trigger activator" means
either of the following:
(a) A device designed or redesigned to be attached to a
semiautomatic firearm, which allows the firearm to discharge two or
more shots in a burst by activating the device.
(b) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
16940. As used in this part, "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars, or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
16960. As used in Article 1 (commencing with Section 26500) of
Chapter 1 of Division 6 of Title 4, "operation of law" includes, but
is not limited to, any of the following:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when a firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(i) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the
Civil Code.
16965. As used in this part, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
16970. As used in Sections 16790 and 17505 and in Chapter 2
(commencing with Section 30500) of Division 10 of Title 4, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
16980. Use of the term "person licensed pursuant to Sections 26700
to 26915, inclusive" is governed by Section 26700.
16990. As used in any provision listed in subdivision (a) of
Section 16585, the phrase "a person taking title or possession of a
firearm by operation of law" includes, but is not limited to, any of
the following instances in which an individual receives title to, or
possession of, a firearm:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when the firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property consisting of a firearm pursuant
to Section 850 of the Family Code.
(h) A firearm passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
(i) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(j) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.
17000. (a) As used in this part, "personal handgun importer" means
an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Sections
26700 to 26915, inclusive.
(2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
(3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a handgun.
(5) The individual acquired that handgun outside of California.
(6) The individual moved into this state on or after January 1,
1998, as a resident of this state.
(7) The individual intends to possess that handgun within this
state on or after January 1, 1998.
(8) The handgun was not delivered to the individual by a person
licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that firearm following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive.
(9) The individual, while a resident of this state, had not
previously reported ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
(10) The handgun is not a firearm that is prohibited by any
provision listed in Section 16590.
(11) The handgun is not an assault weapon.
(12) The handgun is not a machinegun.
(13) The person is 18 years of age or older.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
17010. Use of the term "pistol" is governed by Section 16530.
17020. For purposes of this part, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of the applicant's working hours for
purposes of that employment or business.
17030. As used in this part, "prohibited area" means any place
where it is unlawful to discharge a weapon.
17070. As used in this part, "responsible adult" means a person at
least 21 years of age who is not prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
17080. Use of the term "revolver" is governed by Section 16530.
17090. As used in Sections 16530, 16640, 16650, 16660, 16870, and
17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision
(f) of Section 27555, Article 2 (commencing with Section 30300) of
Chapter 1 of Division 10 of Title 4, and Article 1 (commencing with
Section 33210) of Chapter 8 of Division 10 of Title 4, "rifle" means
a weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade
to use the energy of the explosive in a fixed cartridge to fire only
a single projectile through a rifled bore for each single pull of
the trigger.
17110. As used in Section 26890, "secure facility" means a building
that meets all of the following specifications:
(a) All perimeter doorways shall meet one of the following:
(1) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(2) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
(3) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
(b) All windows are covered with steel bars.
(c) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(d) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(e) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(f) All steel bars shall be no further than six inches apart.
17111. For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "secure facility" is governed
by Sections 29141 and 29142.
17125. As used in this part, "Security Exemplar" has the same
meaning as in Section 922 of Title 18 of the United States Code.
17140. As used in Sections 16900 and 31910, "semiautomatic pistol"
means a pistol with an operating mode that uses the energy of the
explosive in a fixed cartridge to extract a fired cartridge and
chamber a fresh cartridge with each single pull of the trigger.
17160. As used in this part, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it, which may
be exposed by a flip of the wrist or by a mechanical action.
17170. As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled rifle" means any of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in
length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
17180. As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled shotgun" means any of the following:
(a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.
(b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
17190. As used in Sections 16530, 16640, 16870, and 17180, Sections
17720 to 17730, inclusive, Section 17740, subdivision (f) of Section
27555, Section 30215, and Article 1 (commencing with Section 33210)
of Chapter 8 of Division 10 of Title 4, "shotgun" means a weapon
designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire through
a smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
17200. As used in this part, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape, for use as a weapon for throwing.
17210. As used in Chapter 9 (commencing with Section 33410) of
Division 10 of Title 4, "silencer" means any device or attachment of
any kind designed, used, or intended for use in silencing,
diminishing, or muffling the report of a firearm. The term "silencer"
also includes any combination of parts, designed or redesigned, and
intended for use in assembling a silencer or fabricating a silencer
and any part intended only for use in assembly or fabrication of a
silencer.
17220. Use of the term "SKS rifle" is governed by Section 30710.
17230. As used in this part, "stun gun" means any item, except a
less lethal weapon, used or intended to be used as either an
offensive or defensive weapon that is capable of temporarily
immobilizing a person by the infliction of an electrical charge.
17235. As used in this part, "switchblade knife" means a knife
having the appearance of a pocketknife and includes a spring-blade
knife, snap-blade knife, gravity knife, or any other similar type
knife, the blade or blades of which are two or more inches in length
and which can be released automatically by a flick of a button,
pressure on the handle, flip of the wrist or other mechanical device,
or is released by the weight of the blade or by any type of
mechanism whatsoever. "Switchblade knife" does not include a knife
that opens with one hand utilizing thumb pressure applied solely to
the blade of the knife or a thumb stud attached to the blade,
provided that the knife has a detent or other mechanism that provides
resistance that must be overcome in opening the blade, or that
biases the blade back toward its closed position.
17240. (a) As used in this part, "tear gas" applies to and includes
any liquid, gaseous or solid substance intended to produce temporary
physical discomfort or permanent injury through being vaporized or
otherwise dispersed in the air.
(b) Notwithstanding subdivision (a), "tear gas" does not apply to,
and does not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Food and Agricultural Code, provided that the substance is
not intended to be used to produce discomfort or injury to human
beings.
17250. As used in this part, "tear gas weapon" applies to and
includes:
(a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gas.
(b) Any revolver, pistol, fountain pen gun, billy, or other form
of device, portable or fixed, intended for the projection or release
of tear gas, except those regularly manufactured and sold for use
with firearm ammunition.
17270. As used in this part, an "unconventional pistol" means a
firearm with both of the following characteristics:
(a) It does not have a rifled bore.
(b) It has a barrel or barrels of less than 18 inches in length or
has an overall length of less than 26 inches.
17280. As used in this part, "undetectable firearm" means any
weapon that meets either of the following requirements:
(a) After removal of grips, stocks, and magazines, the weapon is
not as detectable as the Security Exemplar, by a walk-through metal
detector calibrated and operated to detect the Security Exemplar.
(b) Any major component of the weapon, as defined in Section 922
of Title 18 of the United States Code, when subjected to inspection
by the types of X-ray machines commonly used at airports, does not
generate an image that accurately depicts the shape of the component.
Barium sulfate or other compounds may be used in the fabrication of
the component.
17290. As used in this part, "undetectable knife" means any knife
or other instrument, with or without a handguard, that satisfies all
of the following requirements:
(a) It is capable of ready use as a stabbing weapon that may
inflict great bodily injury or death.
(b) It is commercially manufactured to be used as a weapon.
(c) It is not detectable by a metal detector or magnetometer,
either handheld or otherwise, which is set at standard calibration.
17300. Use of the phrase "unsafe handgun" is governed by Section
31910.
17310. As used in this part, "used firearm" means a firearm that
has been sold previously at retail and is more than three years old.
17315. As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means a handgun
ammunition vendor.
17320. For purposes of Section 31360 only, "violent felony" refers
to the specific crimes listed in subdivision (c) of Section 667.5,
and to crimes defined under the applicable laws of the United States
or any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
17330. As used in this part, "wallet gun" means any firearm mounted
or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
17340. (a) As used in this part, "wholesaler" means any person who
is licensed as a dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, who sells, transfers, or assigns
firearms, or parts of firearms, to persons who are licensed as
manufacturers, importers, or gunsmiths pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
or persons licensed pursuant to Sections 26700 to 26915, inclusive,
and includes persons who receive finished parts of firearms and
assemble them into completed or partially completed firearms in
furtherance of that purpose.
(b) "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Sections 26700 to 26915,
inclusive, and the regulations issued pursuant thereto. A wholesaler
also does not include a person dealing exclusively in grips, stocks,
and other parts of firearms that are not frames or receivers
thereof.
17350. As used in this part, "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which i
16100. Use of the term ".50 BMG cartridge" is governed by Section
30525.
16110. Use of the term ".50 BMG rifle" is governed by Section
30530.
16120. As used in this part, "abuse" means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(d) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
16130. As used in Section 26915, "agent" means an employee of the
licensee.
16140. As used in this part, "air gauge knife" means a device that
appears to be an air gauge but has concealed within it a pointed,
metallic shaft that is designed to be a stabbing instrument which is
exposed by mechanical action or gravity which locks into place when
extended.
16150. (a) As used in Section 30300, "ammunition" means handgun
ammunition as defined in Section 16650.
(b) As used in subdivision (a) of Section 30305 and in Section
30306, "ammunition" includes, but is not limited to, any bullet,
cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence.
"Ammunition" does not include blanks.
16160. As used in this part, "antique cannon" means any cannon
manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade.
16170. (a) As used in Sections 30515 and 30530, "antique firearm"
means any firearm manufactured before January 1, 1899.
(b) As used in Section 16520, Section 16650, subdivision (a) of
Section 23630, paragraph (1) of subdivision (b) of Section 27505, and
subdivision (a) of Section 31615, "antique firearm" has the same
meaning as in Section 921(a)(16) of Title 18 of the United States
Code.
(c) As used in Section 17700, "antique firearm" means either of
the following:
(1) Any firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898. This includes any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898.
(2) Any firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of
commercial trade.
16180. As used in this part, "antique rifle" means a firearm
conforming to the definition of an "antique firearm" in Section
479.11 of Title 27 of the Code of Federal Regulations.
16190. As used in Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4, and in Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, "application
to purchase" means either of the following:
(a) The initial completion of the register by the purchaser,
transferee, or person being loaned a firearm, as required by Section
28210.
(b) The initial completion and transmission to the Department of
Justice of the record of electronic or telephonic transfer by the
dealer on the purchaser, transferee, or person being loaned a
firearm, as required by Section 28215.
16200. Use of the term "assault weapon" is governed by Sections
30510 and 30515.
16220. As used in this part, "ballistic knife" means a device that
propels a knifelike blade as a projectile by means of a coil spring,
elastic material, or compressed gas. Ballistic knife does not include
any device that propels an arrow or a bolt by means of any common
bow, compound bow, crossbow, or underwater speargun.
16230. As used in this part, "ballistics identification system"
includes, but is not limited to, any automated image analysis system
that is capable of storing firearm ballistic markings and tracing
those markings to the firearm that produced them.
16240. As used in this part, "basic firearms safety certificate"
means a certificate issued before January 1, 2003, by the Department
of Justice pursuant to former Article 8 (commencing with Section
12800) of Chapter 6 of Title 2 of Part 4, as that article read at any
time from when it became operative on January 1, 1992, to when it
was repealed on January 1, 2003.
16250. As used in this part, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, not exceeding 6mm
caliber, through the force of air pressure, gas pressure, or spring
action, or any spot marker gun.
16260. As used in this part, "belt buckle knife" is a knife that is
made an integral part of a belt buckle and consists of a blade with
a length of at least two and one-half inches.
16270. As used in this part, "blowgun" means a hollow tube designed
and intended to be used as a tube through which a dart is propelled
by the force of the breath of the user.
16280. As used in this part, "blowgun ammunition" means a dart
designed and intended for use in a blowgun.
16288. As used in Section 31360, "body armor" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the person wearing the body armor.
16290. As used in this part, "body vest" or "body shield" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer or holder.
16300. As used in this part, "bona fide evidence of identity" or
"bona fide evidence of majority and identity" means a document issued
by a federal, state, county, or municipal government, or subdivision
or agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
16310. As used in this part, "boobytrap" means any concealed or
camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
16320. (a) As used in this part, "camouflaging firearm container"
means a container that meets all of the following criteria:
(1) It is designed and intended to enclose a firearm.
(2) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(3) It is not readily recognizable as containing a firearm.
(b) "Camouflaging firearm container" does not include any
camouflaging covering used while engaged in lawful hunting or while
going to or returning from a lawful hunting expedition.
16330. As used in this part, "cane gun" means any firearm mounted
or enclosed in a stick, staff, rod, crutch, or similar device,
designed to be, or capable of being used as, an aid in walking, if
the firearm may be fired while mounted or enclosed therein.
16340. As used in this part, "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
16350. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of accommodating more than 10 rounds. The term
does not apply to a feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds.
16360. As used in this part, "CCW" means "carry concealed weapons."
16370. As used in Sections 31610 to 31700, inclusive, "certified
instructor" or "DOJ Certified Instructor" means a person designated
as a handgun safety instructor by the Department of Justice pursuant
to subdivision (a) of Section 31635.
16380. As used in this part, "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
16400. As used in this part, "clear evidence of the person's
identity and age" means either of the following:
(a) A valid California driver's license.
(b) A valid California identification card issued by the
Department of Motor Vehicles.
16405. As used in this part, "composite knuckles" means any device
or instrument made wholly or partially of composite materials, other
than a medically prescribed prosthetic, that is not metal knuckles,
that is worn for purposes of offense or defense in or on the hand,
and that either protects the wearer's hand while striking a blow or
increases the force of impact from the blow or injury to the
individual receiving the blow.
16410. As used in this part, "consultant-evaluator" means a
consultant or evaluator who, in the course of that person's
profession is loaned firearms from 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, for research
or evaluation, and has a current certificate of eligibility issued
pursuant to Section 26710.
16420. Use of the term "dagger" is governed by Section 16470.
16430. As used in Division 4 (commencing with Section 18250) of
Title 2, "deadly weapon" means any weapon, the possession or
concealed carrying of which is prohibited by any provision listed in
Section 16590.
16440. Use of the term "dealer" is governed by Section 26700.
16450. As used in Sections 31610 to 31700, inclusive, in Chapter 2
(commencing with Section 29030) of Division 7 of Title 4, and in
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4, "department" means the Department of Justice.
16460. (a) As used in Sections 16510, 16520, and 16780, and in
Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
"destructive device" includes any of the following weapons:
(1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
(4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
(5) Any breakable container that contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a
destructive device as that term is used in subdivision (a).
16470. As used in this part, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 21510, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
16480. Use of the term "DOJ Certified Instructor" is governed by
Section 16370.
16490. As used in this part, "domestic violence" means abuse
perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
(c) A person with whom the respondent is having or has had a
dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
(e) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within
the second degree.
16500. Use of the phrase "drop safety requirement for handguns" is
governed by Section 31900.
16510. As used in subdivision (a) of Section 16460 and Chapter 1
(commencing with Section 18710) of Division 5 of Title 2, "explosive"
means any substance, or combination of substances, the primary or
common purpose of which is detonation or rapid combustion, and which
is capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosive" includes,
but is not limited to, any explosive as defined in Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations, and any of the
following:
(a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
of mercury, black powder, smokeless powder, propellant explosives,
detonating primers, blasting caps, or commercial boosters.
(b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6
explosives as classified by the United States Department of
Transportation.
(c) Nitro carbo nitrate substances (blasting agent) classified as
division 1.5 explosives by the United States Department of
Transportation.
(d) Any material designated as an explosive by the State Fire
Marshal. The designation shall be made pursuant to the classification
standards established by the United States Department of
Transportation. The State Fire Marshal shall adopt regulations in
accordance with the Government Code to establish procedures for the
classification and designation of explosive materials or explosive
devices that are not under the jurisdiction of the United States
Department of Transportation pursuant to provisions of Section 841 of
Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations that define
explosives.
(e) Certain division 1.4 explosives as designated by the United
States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
(f) As used in Section 16460 and Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2, "explosive" does not include
any destructive device, nor does it include ammunition or small arms
primers manufactured for use in shotguns, rifles, and pistols.
16520. (a) As used in this part, "firearm" means any device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of any explosion or other form of
combustion.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Sections 26500 to 26588, inclusive.
(6) Sections 26700 to 26915, inclusive.
(7) Section 27510.
(8) Section 27530.
(9) Section 27540.
(10) Section 27545.
(11) Sections 27555 to 27570, inclusive.
(12) Sections 29010 to 29150, inclusive.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
16530. (b) Nothing shall prevent a device defined as a "firearm
capable of being concealed upon the person," "pistol," or "revolver"
from also being found to be a short-barreled rifle or a
short-barreled shotgun.
16540. As used in Division 2 (commencing with Section 23620) of
Title 4, "firearm safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized
users from firing a firearm. The device may be installed on a
firearm, be incorporated into the design of the firearm, or prevent
access to the firearm.
16550. As used in this part, "firearm transaction record" is a
record containing the same information referred to in subdivision (a)
of Section 478.124, Section 478.124a, and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations.
16560. Use of the phrase "firing requirement for handguns" is
governed by Section 31905.
16570. As used in this part, "flechette dart" means a dart, capable
of being fired from a firearm, that measures approximately one inch
in length, with tail fins that take up approximately five-sixteenths
of an inch of the body.
16575. (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Article 4 (commencing with Section 12070) of Chapter 1 of
Title 2 of Part 4, entitled "Licenses to Sell Firearms," when that
article was repealed by the Deadly Weapons Recodification Act of
2010:
(1) Section 16130.
(2) Subdivision (b) of Section 16170, to the extent that it
continues former Sections 12078 and 12085, as those sections read
when they were repealed by the Deadly Weapons Recodification Act of
2010.
(3) Section 16230.
(4) Section 16400.
(5) Section 16450, to the extent that it continues subdivision (a)
of former Section 12086, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
(6) Subdivisions (b) and (d) of Section 16520, to the extent that
they continue subdivision (e) of former Section 12085, as that
subdivision read when it was repealed by the Deadly Weapons
Recodification Act of 2010.
(7) Subdivision (g) of Section 16520.
(8) Section 16550.
(9) Section 16620.
(10) Section 16720.
(11) Section 16730.
(12) Section 16740, to the extent that it continues subdivision
(b) of former Section 12079, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010.
(13) Section 16800.
(14) Section 16810.
(15) Section 16960.
(16) Section 16990.
(17) Section 17110.
(18) Section 17310.
(19) Sections 26500 to 26588, inclusive.
(20) Sections 26600 to 29150, inclusive.
(21) Chapter 2 (commencing with Section 29500) of Division 8 of
Title 4.
(22) Section 30105.
(23) Sections 30150 to 30165, inclusive.
(24) Sections 31705 to 31830, inclusive.
(25) Section 32315.
(26) Section 34205.
(27) Sections 34350 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Article 4 of Chapter 1
provisions."
(c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
16580. (a) Except as stated in subdivision (c), the following
provisions are continuations of provisions that were included in
former Chapter 1 (commencing with Section 12000) of Title 2 of Part
4, entitled "Firearms," when that chapter was repealed by the Deadly
Weapons Recodification Act of 2010:
(1) Sections 12001 to 12022.95, inclusive.
(2) Sections 16120 to 16140, inclusive.
(3) Subdivision (b) of Section 16170, to the extent it continues
former Sections 12001, 12060, 12078, 12085, and 12088.8, as those
sections read when they were repealed by the Deadly Weapons
Recodification Act of 2010.
(4) Subdivision (c) of Section 16170.
(5) Section 16190.
(6) Sections 16220 to 16240, inclusive.
(7) Section 16250, to the extent it continues former Section
12001, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(8) Section 16260.
(9) Sections 16320 to 16340, inclusive.
(10) Section 16360.
(11) Sections 16400 to 16410, inclusive.
(12) Section 16430.
(13) Section 16450, to the extent it continues former Sections
12060 and 12086, as those sections read when they were repealed by
the Deadly Weapons Recodification Act of 2010.
(14) Subdivision (b) of Section 16460.
(15) Section 16470.
(16) Section 16490.
(17) Subdivision (a) of Section 16520, to the extent it continues
former Section 12001, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010.
(18) Subdivisions (b) to (g), inclusive, of Section 16520.
(19) Sections 16530 to 16550, inclusive.
(20) Section 16570.
(21) Sections 16600 to 16640, inclusive.
(22) Section 16650, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(23) Section 16662, to the extent it continues former Section
12060, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(24) Sections 16670 to 16690, inclusive.
(25) Sections 16720 to 16760, inclusive.
(26) Sections 16800 and 16810.
(27) Sections 16830 to 16870, inclusive.
(28) Sections 16920 to 16960, inclusive.
(29) Sections 16990 and 17000.
(30) Sections 17020 to 17070, inclusive.
(31) Section 17090, to the extent it continues former Section
12020, as that section read when it was repealed by the Deadly
Weapons Recodification Act of 2010.
(32) Section 17110.
(33) Section 17125.
(34) Section 17160.
(35) Sections 17170 to 17200, inclusive.
(36) Sections 17270 to 17290, inclusive.
(37) Sections 17310 and 17315.
(38) Sections 17330 to 17505, inclusive.
(39) Sections 17515 to 18500, inclusive.
(40) Sections 19100 to 19290, inclusive.
(41) Sections 20200 to 21390, inclusive.
(42) Sections 21790 to 22490, inclusive.
(43) Sections 23500 to 30290, inclusive.
(44) Sections 30345 to 30365, inclusive.
(45) Sections 31500 to 31590, inclusive.
(46) Sections 31705 to 31830, inclusive.
(47) Sections 32310 to 32450, inclusive.
(48) Sections 32900 to 33320, inclusive.
(49) Sections 33600 to 34370, inclusive.
(b) Except as stated in subdivision (c), the provisions listed in
subdivision (a) may be referred to as "former Chapter 1 provisions."
(c) Subdivision (a) does not include any provision that was first
codified in one of the specified numerical ranges after the effective
date of the Deadly Weapons Recodification Act of 2010.
16585. (a) Except as stated in subdivision (d), the following
provisions are continuations of provisions that were included in
former Section 12078, as that section read when it was repealed by
the Deadly Weapons Recodification Act of 2010:
(1) Subdivision (b) of Section 16170, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(2) Section 16720.
(3) Subdivision (a) of Section 16730, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(4) Subdivision (b) of Section 16730.
(5) Section 16990.
(6) Sections 26600 to 26615, inclusive.
(7) Sections 26950 to 27140, inclusive.
(8) Sections 27400 to 27415, inclusive.
(9) Subdivision (b) of Section 27505, as it pertains to former
Section 12078, as that section read when it was repealed by the
Deadly Weapons Recodification Act of 2010.
(10) Sections 27600 to 28000, inclusive.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 30150 to 30165, inclusive.
(13) Sections 31705 to 31830, inclusive.
(14) Sections 34355 to 34370, inclusive.
(b) Except as stated in subdivision (d), the provisions listed in
subdivision (a) may be referred to as "former Section 12078
provisions."
(c) Except as stated in subdivision (d), the following provisions
are continuations of provisions that were included in subdivision (a)
of former Section 12078, as that subdivision read when it was
repealed by the Deadly Weapons Recodification Act of 2010:
(1) Sections 26600 to 26615, inclusive.
(2) Section 26950.
(3) Sections 27050 to 27065, inclusive.
(4) Sections 27400 to 27415, inclusive.
(5) Sections 27600 to 27615, inclusive.
(6) Section 27650.
(7) Sections 27850 to 27860, inclusive.
(8) Sections 28400 to 28415, inclusive.
(9) Sections 30150 to 30165, inclusive.
(10) Sections 31705 to 31735, inclusive.
(11) Sections 34355 to 34370, inclusive.
(d) Subdivisions (a) and (c) do not include any provision that was
first codified in one of the specified numerical ranges after the
effective date of the Deadly Weapons Recodification Act of 2010.
16590. As used in this part, "generally prohibited weapon" means
any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as
prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as
prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section
24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition,
as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm,
as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly
known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as
prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica
handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section
32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as
prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
16600. As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, "great bodily injury" means a significant or
substantial physical injury.
16610. As used in this part, "gun safe" means a locking container
that fully contains and secures one or more firearms, and that meets
the standards for gun safes adopted pursuant to Section 23650.
16620. As used in this part, "Gun Show Trader" means a person
described in Section 26525.
16630. As used in this part, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
16640. (a) As used in this part, "handgun" means any pistol,
revolver, or firearm capable of being concealed upon the person.
(b) Nothing shall prevent a device defined as a "handgun" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.
16650. (a) As used in this part, "handgun ammunition" means
ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
(b) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique
firearm.
(2) Blanks.
16660. As used in this part, "handgun ammunition designed primarily
to penetrate metal or armor" means any ammunition, except a shotgun
shell or ammunition primarily designed for use in a rifle, that is
designed primarily to penetrate a body vest or body shield, and has
either of the following characteristics:
(a) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
(b) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
16662. As used in this part, "handgun ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any handgun ammunition, or that
holds itself out as engaged in the business of selling any handgun
ammunition.
16670. As used in this part, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Sections
31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
16680. As used in this part, "hard wooden knuckles" means any
device or instrument made wholly or partially of wood or paper
products that is not metal knuckles, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow, or increases the force of impact
from the blow or injury to the individual receiving the blow. The
composite materials, wood, or paper products contained in the device
may help support the hand or fist, provide a shield to protect it, or
consist of projections or studs that would contact the individual
receiving a blow.
16690. As used in Sections 25650 and 26020, Article 2 (commencing
with Section 25450) of Chapter 2 of Division 5 of Title 4, and
Article 3 (commencing with Section 25900) of Chapter 3 of Division 5
of Title 4, "honorably retired" includes any peace officer who has
qualified for, and has accepted, a service or disability retirement.
As used in those provisions, "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
16700. (a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
(b) As used in Section 20165, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
(2) A BB device.
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.
16720. As used in this part, "immediate family member" means either
of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
16730. (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without
regularity.
(b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns.
16740. As used in this part, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action
firearm.
16750. (a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(b) As used in Article 2 (commencing with Section 25850), Article
3 (commencing with Section 25900), and Article 4 (commencing with
Section 26000) of Chapter 3 of Division 5 of Title 4, "lawful
possession of the firearm" means that the person who has possession
or custody of the firearm either lawfully acquired and lawfully owns
the firearm or has the permission of the lawful owner or person who
otherwise has apparent authority to possess or have custody of the
firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.
16760. As used in this part, a "leaded cane" means a staff, crutch,
stick, rod, pole, or similar device, unnaturally weighted with lead.
16770. As used in this part, "less lethal ammunition" means any
ammunition that satisfies both of the following requirements:
(a) It is designed to be used in any less lethal weapon or any
other kind of weapon (including, but not limited to, any firearm,
pistol, revolver, shotgun, rifle, or spring, compressed air, or
compressed gas weapon).
(b) When used in a less lethal weapon or other weapon, it is
designed to immobilize, incapacitate, or stun a human being through
the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.
16780. As used in this part:
(a) "Less lethal weapon" means any device that is designed to or
that has been converted to expel or propel less lethal ammunition by
any action, mechanism, or process for the purpose of incapacitating,
immobilizing, or stunning a human being through the infliction of any
less than lethal impairment of physical condition, function, or
senses, including physical pain or discomfort. It is not necessary
that a weapon leave any lasting or permanent incapacitation,
discomfort, pain, or other injury or disability in order to qualify
as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
(1) Pistol, revolver, or firearm.
(2) Machinegun.
(3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
(4) A pistol, rifle, or shotgun that is a firearm having a barrel
less than 0.18 inches in diameter and that is designed to expel a
projectile by any mechanical means or by compressed air or gas.
(5) When used as designed or intended by the manufacturer, any
weapon that is commonly regarded as a toy gun, and that as a toy gun
is incapable of inflicting any impairment of physical condition,
function, or senses.
(6) A destructive device.
(7) A tear gas weapon.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon.
16790. As used in Article 5 (commencing with Section 30900) and
Article 7 (commencing with Section 31050) of Chapter 2 of Division 10
of Title 4, "licensed gun dealer" means a person who is licensed
pursuant to Sections 26700 to 26915, inclusive, and who has a permit
to sell assault weapons or .50 BMG rifles pursuant to Section 31005.
16800. As used in this part, "licensed gun show producer" means a
person who has been issued a certificate of eligibility by the
Department of Justice pursuant to Section 27200. No regulations shall
be required to implement this section.
16810. As used in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4, "licensed premises," "licensee's business premises," or
"licensee's place of business" means the building designated in the
license.
16820. (a) For purposes of the provisions listed in Section 16580,
use of the term "licensee" is governed by Section 26700.
(b) For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "licensee" is governed by
Section 29030.
16822. Use of the term "licensee's business premises" is governed
by Section 16810.
16824. Use of the term "licensee's place of business" is governed
by Section 16810.
16830. As used in this part, a "lipstick case knife" means a knife
enclosed within and made an integral part of a lipstick case.
16840. (a) As used in Section 25800, a firearm shall be deemed to
be "loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
(b) As used in Chapter 2 (commencing with Section 25100) of
Division 4 of Title 4, in subparagraph (A) of paragraph (6) of
subdivision (c) of Section 25400, and in Sections 25850 to 26055,
inclusive,
(1) A firearm shall be deemed to be "loaded" when there is an
unexpended cartridge or shell, consisting of a case that holds a
charge of powder and a bullet or shot, in, or attached in any manner
to, the firearm, including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall
be deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
16850. As used in Sections 17740, 23925, 25105, 25205, and 25610,
and in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, "locked container" means a secure container
that is fully enclosed and locked by a padlock, keylock, combination
lock, or similar locking device. The term "locked container" does not
include the utility or glove compartment of a motor vehicle.
16860. As used in Sections 16850, 25105, and 25205, "locking device"
means a device that is designed to prevent a firearm from
functioning and, when applied to the firearm, renders the firearm
inoperable.
16870. As used in this part, "long-gun safe" means a locking
container designed to fully contain and secure a rifle or shotgun,
which has a locking system consisting of either a mechanical
combination lock or an electronic combination lock that has at least
1,000 possible unique combinations consisting of a minimum of three
numbers, letters, or symbols per combination, and is not listed on
the roster maintained pursuant to Section 23655.
16880. (a) As used in this part, "machinegun" means any weapon that
shoots, is designed to shoot, or can readily be restored to shoot,
automatically more than one shot, without manual reloading, by a
single function of the trigger.
(b) The term "machinegun" also includes the frame or receiver of
any weapon described in subdivision (a), any part designed and
intended solely and exclusively, or combination of parts designed and
intended, for use in converting a weapon into a machinegun, and any
combination of parts from which a machinegun can be assembled if
those parts are in the possession or under the control of a person.
(c) The term "machinegun" also includes any weapon deemed by the
federal Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing with Section
5801) of Title 26 of the United States Code.
16890. As used in Section 30515, "magazine" means any ammunition
feeding device.
16900. As used in this part, "magazine disconnect mechanism" means
a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
16920. As used in this part, "metal knuckles" means any device or
instrument made wholly or partially of metal that is worn for
purposes of offense or defense in or on the hand and that either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
16930. As used in this part, a "multiburst trigger activator" means
either of the following:
(a) A device designed or redesigned to be attached to a
semiautomatic firearm, which allows the firearm to discharge two or
more shots in a burst by activating the device.
(b) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
16940. As used in this part, "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars, or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
16960. As used in Article 1 (commencing with Section 26500) of
Chapter 1 of Division 6 of Title 4, "operation of law" includes, but
is not limited to, any of the following:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when a firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(i) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the
Civil Code.
16965. As used in this part, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
16970. As used in Sections 16790 and 17505 and in Chapter 2
(commencing with Section 30500) of Division 10 of Title 4, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
16980. Use of the term "person licensed pursuant to Sections 26700
to 26915, inclusive" is governed by Section 26700.
16990. As used in any provision listed in subdivision (a) of
Section 16585, the phrase "a person taking title or possession of a
firearm by operation of law" includes, but is not limited to, any of
the following instances in which an individual receives title to, or
possession of, a firearm:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when the firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property consisting of a firearm pursuant
to Section 850 of the Family Code.
(h) A firearm passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
(i) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(j) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.
17000. (a) As used in this part, "personal handgun importer" means
an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Sections
26700 to 26915, inclusive.
(2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
(3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a handgun.
(5) The individual acquired that handgun outside of California.
(6) The individual moved into this state on or after January 1,
1998, as a resident of this state.
(7) The individual intends to possess that handgun within this
state on or after January 1, 1998.
(8) The handgun was not delivered to the individual by a person
licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that firearm following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive.
(9) The individual, while a resident of this state, had not
previously reported ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
(10) The handgun is not a firearm that is prohibited by any
provision listed in Section 16590.
(11) The handgun is not an assault weapon.
(12) The handgun is not a machinegun.
(13) The person is 18 years of age or older.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
17010. Use of the term "pistol" is governed by Section 16530.
17020. For purposes of this part, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of the applicant's working hours for
purposes of that employment or business.
17030. As used in this part, "prohibited area" means any place
where it is unlawful to discharge a weapon.
17070. As used in this part, "responsible adult" means a person at
least 21 years of age who is not prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm.
17080. Use of the term "revolver" is governed by Section 16530.
17090. As used in Sections 16530, 16640, 16650, 16660, 16870, and
17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision
(f) of Section 27555, Article 2 (commencing with Section 30300) of
Chapter 1 of Division 10 of Title 4, and Article 1 (commencing with
Section 33210) of Chapter 8 of Division 10 of Title 4, "rifle" means
a weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade
to use the energy of the explosive in a fixed cartridge to fire only
a single projectile through a rifled bore for each single pull of
the trigger.
17110. As used in Section 26890, "secure facility" means a building
that meets all of the following specifications:
(a) All perimeter doorways shall meet one of the following:
(1) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(2) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
(3) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
(b) All windows are covered with steel bars.
(c) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(d) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(e) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(f) All steel bars shall be no further than six inches apart.
17111. For purposes of Chapter 2 (commencing with Section 29030) of
Division 7 of Title 4, use of the term "secure facility" is governed
by Sections 29141 and 29142.
17125. As used in this part, "Security Exemplar" has the same
meaning as in Section 922 of Title 18 of the United States Code.
17140. As used in Sections 16900 and 31910, "semiautomatic pistol"
means a pistol with an operating mode that uses the energy of the
explosive in a fixed cartridge to extract a fired cartridge and
chamber a fresh cartridge with each single pull of the trigger.
17160. As used in this part, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it, which may
be exposed by a flip of the wrist or by a mechanical action.
17170. As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled rifle" means any of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in
length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
17180. As used in Sections 16530 and 16640, Sections 17720 to
17730, inclusive, Section 17740, Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, "short-barreled shotgun" means any of the following:
(a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.
(b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
17190. As used in Sections 16530, 16640, 16870, and 17180, Sections
17720 to 17730, inclusive, Section 17740, subdivision (f) of Section
27555, Section 30215, and Article 1 (commencing with Section 33210)
of Chapter 8 of Division 10 of Title 4, "shotgun" means a weapon
designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire through
a smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
17200. As used in this part, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape, for use as a weapon for throwing.
17210. As used in Chapter 9 (commencing with Section 33410) of
Division 10 of Title 4, "silencer" means any device or attachment of
any kind designed, used, or intended for use in silencing,
diminishing, or muffling the report of a firearm. The term "silencer"
also includes any combination of parts, designed or redesigned, and
intended for use in assembling a silencer or fabricating a silencer
and any part intended only for use in assembly or fabrication of a
silencer.
17220. Use of the term "SKS rifle" is governed by Section 30710.
17230. As used in this part, "stun gun" means any item, except a
less lethal weapon, used or intended to be used as either an
offensive or defensive weapon that is capable of temporarily
immobilizing a person by the infliction of an electrical charge.
17235. As used in this part, "switchblade knife" means a knife
having the appearance of a pocketknife and includes a spring-blade
knife, snap-blade knife, gravity knife, or any other similar type
knife, the blade or blades of which are two or more inches in length
and which can be released automatically by a flick of a button,
pressure on the handle, flip of the wrist or other mechanical device,
or is released by the weight of the blade or by any type of
mechanism whatsoever. "Switchblade knife" does not include a knife
that opens with one hand utilizing thumb pressure applied solely to
the blade of the knife or a thumb stud attached to the blade,
provided that the knife has a detent or other mechanism that provides
resistance that must be overcome in opening the blade, or that
biases the blade back toward its closed position.
17240. (a) As used in this part, "tear gas" applies to and includes
any liquid, gaseous or solid substance intended to produce temporary
physical discomfort or permanent injury through being vaporized or
otherwise dispersed in the air.
(b) Notwithstanding subdivision (a), "tear gas" does not apply to,
and does not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Food and Agricultural Code, provided that the substance is
not intended to be used to produce discomfort or injury to human
beings.
17250. As used in this part, "tear gas weapon" applies to and
includes:
(a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gas.
(b) Any revolver, pistol, fountain pen gun, billy, or other form
of device, portable or fixed, intended for the projection or release
of tear gas, except those regularly manufactured and sold for use
with firearm ammunition.
17270. As used in this part, an "unconventional pistol" means a
firearm with both of the following characteristics:
(a) It does not have a rifled bore.
(b) It has a barrel or barrels of less than 18 inches in length or
has an overall length of less than 26 inches.
17280. As used in this part, "undetectable firearm" means any
weapon that meets either of the following requirements:
(a) After removal of grips, stocks, and magazines, the weapon is
not as detectable as the Security Exemplar, by a walk-through metal
detector calibrated and operated to detect the Security Exemplar.
(b) Any major component of the weapon, as defined in Section 922
of Title 18 of the United States Code, when subjected to inspection
by the types of X-ray machines commonly used at airports, does not
generate an image that accurately depicts the shape of the component.
Barium sulfate or other compounds may be used in the fabrication of
the component.
17290. As used in this part, "undetectable knife" means any knife
or other instrument, with or without a handguard, that satisfies all
of the following requirements:
(a) It is capable of ready use as a stabbing weapon that may
inflict great bodily injury or death.
(b) It is commercially manufactured to be used as a weapon.
(c) It is not detectable by a metal detector or magnetometer,
either handheld or otherwise, which is set at standard calibration.
17300. Use of the phrase "unsafe handgun" is governed by Section
31910.
17310. As used in this part, "used firearm" means a firearm that
has been sold previously at retail and is more than three years old.
17315. As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means a handgun
ammunition vendor.
17320. For purposes of Section 31360 only, "violent felony" refers
to the specific crimes listed in subdivision (c) of Section 667.5,
and to crimes defined under the applicable laws of the United States
or any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
17330. As used in this part, "wallet gun" means any firearm mounted
or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
17340. (a) As used in this part, "wholesaler" means any person who
is licensed as a dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, who sells, transfers, or assigns
firearms, or parts of firearms, to persons who are licensed as
manufacturers, importers, or gunsmiths pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
or persons licensed pursuant to Sections 26700 to 26915, inclusive,
and includes persons who receive finished parts of firearms and
assemble them into completed or partially completed firearms in
furtherance of that purpose.
(b) "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Sections 26700 to 26915,
inclusive, and the regulations issued pursuant thereto. A wholesaler
also does not include a person dealing exclusively in grips, stocks,
and other parts of firearms that are not frames or receivers
thereof.
17350. As used in this part, "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which i
