30600. (a) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
(b) In addition and consecutive to the punishment imposed under
subdivision (a), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
subdivision (a) shall receive an enhancement of one year.
(c) Except in the case of a first violation involving not more
than two firearms as provided in Sections 30605 and 30610, for
purposes of this article, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this article, there shall be a
distinct and separate offense for each.
30605. (a) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30945 and the person meets all of
the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100,
in which case the assault weapon shall be destroyed pursuant to
Sections 18000 and 18005.
30610. (a) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30905 and the person satisfies
all of the following conditions:
(1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to Section 30905.
(c) Firearms seized pursuant to this section from persons who meet
all of the conditions in paragraphs (1), (2), and (3) of subdivision
(b) shall be returned unless the court finds in the interest of
public safety, after notice and hearing, that the .50 BMG rifle
should be destroyed pursuant to Sections 18000 and 18005. Firearms
seized from persons who do not meet the conditions set forth in
paragraphs (1), (2), and (3) of subdivision (b) shall be destroyed
pursuant to Sections 18000 and 18005.
30615. Notwithstanding Section 654 or any other provision of law,
any person who commits another crime while violating this article may
receive an additional, consecutive punishment of one year for
violating this article, in addition and consecutive to the
punishment, including enhancements, which is prescribed for the other
crime.
30620. As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(a) The effective date of an amendment to Section 30510 or to
former Section 12276 that adds the designation of the specified
firearm.
(b) The effective date of the list promulgated pursuant to former
Section 12276.5, as that section read in Section 3 of Chapter 954 of
the Statutes of 1991, which adds or changes the designation of the
specified firearm.
(c) January 1, 2000, which was the operative date of former
Section 12276.1, as enacted by Section 7 of Chapter 129 of the
Statutes of 1999.
30625. Sections 30600, 30605, and 30610 shall not apply to the sale
to, purchase by, importation of, or possession of assault weapons or
a .50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Department of Corrections
and Rehabilitation, the Department of the California Highway Patrol,
district attorneys' offices, the Department of Fish and Game, the
Department of Parks and Recreation, or the military or naval forces
of this state or of the United States, or any federal law enforcement
agency for use in the discharge of their official duties.
30630. (a) Sections 30605 and 30610 shall not prohibit the
possession or use of assault weapons or a .50 BMG rifle by sworn
peace officer members of those agencies specified in Section 30625
for law enforcement purposes, whether on or off duty.
(b) (1) Sections 30600, 30605, and 30610 shall not prohibit the
sale, delivery, or transfer of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in Section 30625 if
the peace officer is authorized by the officer's employer to possess
or receive the assault weapon or the .50 BMG rifle. Required
authorization is defined as verifiable written certification from the
head of the agency, identifying the recipient or possessor of the
assault weapon as a peace officer and authorizing that person to
receive or possess the specific assault weapon.
(2) For this exemption to apply, in the case of a peace officer
who possesses or receives the assault weapon prior to January 1,
2002, the officer shall register the assault weapon on or before
April 1, 2002, pursuant to former Section 12285, as it read at any
time from when it was enacted by Section 3 of Chapter 19 of the
Statutes of 1989, to and including when it was amended by Section 9
of Chapter 129 of the Statutes of 1999. In the case of a peace
officer who possesses or receives the assault weapon on or after
January 1, 2002, the officer shall, not later than 90 days after
possession or receipt, register the assault weapon pursuant to
Article 5 (commencing with Section 30900), or pursuant to former
Section 12285, as it read at any time from when it was amended by
Section 9 of Chapter 129 of the Statutes of 1999 to when it was
repealed by the Deadly Weapons Recodification Act of 2010. In the
case of a peace officer who possesses or receives a .50 BMG rifle on
or before January 1, 2005, the officer shall register the .50 BMG
rifle on or before April 30, 2006. In the case of a peace officer who
possesses or receives a .50 BMG rifle after January 1, 2005, the
officer shall register the .50 BMG rifle not later than one year
after possession or receipt.
(3) With the registration, the peace officer shall include a copy
of the authorization required pursuant to this subdivision.
(c) Nothing in this article shall be construed to limit or
prohibit the sale, delivery, or transfer of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
30635. Section 30605 shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to former Section
12276.5, as that section read in Section 3 of Chapter 19 of the
Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990,
or Section 3 of Chapter 954 of the Statutes of 1991, or during the
one-year period after the date it was defined as an assault weapon
pursuant to former Section 12276.1, as that section read at any time
from when it was enacted by Section 7 of Chapter 129 of the Statutes
of 1999 to when it was repealed by the Deadly Weapons Recodification
Act of 2010, if all of the following are applicable:
(a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register the
particular assault weapon.
(b) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
former Section 12276.5, or prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1.
(c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
30640. Section 30610 shall not apply to the possession of a .50 BMG
rifle, which was not defined or specified as an assault weapon
pursuant to the then-applicable version of the former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 that was added
to this code by Section 3 of Chapter 19 of the Statutes of 1989, by
any person prior to May 1, 2006, if all of the following are
applicable:
(a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register that
.50 BMG rifle.
(b) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
(c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
30645. Sections 30600, 30605, and 30610 shall not apply to the
manufacture by any person who is issued a permit pursuant to Section
31005 of assault weapons or .50 BMG rifles for sale to the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United States
State Department.
(f) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in subdivisions (c) to (e), inclusive.
30650. Sections 30600, 30605, and 30610 shall not apply to the sale
of assault weapons or .50 BMG rifles by persons who are issued
permits pursuant to Section 31005 to any of the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United States
State Department.
(f) Officers described in Section 30630 who are authorized to
possess assault weapons or .50 BMG rifles pursuant to Section 30630.
30655. (a) Section 30600 shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630 that is disposed of as authorized by the probate court,
if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630, if the assault weapon or .50 BMG rifle is possessed at
a place set forth in subdivision (a) of Section 30945 or as
authorized by the probate court.
30660. (a) Section 30600 shall not apply to a person who lawfully
possesses and has registered an assault weapon or .50 BMG rifle
pursuant to this chapter who lends that assault weapon or .50 BMG
rifle to another person, if all the following requirements are
satisfied:
(1) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not prohibited by state or federal
law from possessing, receiving, owning, or purchasing a firearm.
(2) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
(3) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
(A) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(B) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(C) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(b) Section 30600 shall not apply to the return of an assault
weapon or .50 BMG rifle to the registered possessor, or the lawful
possessor, which is lent by that registered or lawful possessor
pursuant to subdivision (a).
(c) Sections 30605 and 30610 shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (a).
30665. Sections 30600, 30605, and 30610 shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
(a) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
(b) The competition or match is conducted on the premises of one
of the following:
(1) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(2) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
(c) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(d) The assault weapon or .50 BMG rifle is transported in
accordance with Section 25610 or Article 3 (commencing with Section
25505) of Chapter 2 of Division 5.
(e) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
30670. (a) Section 30600 shall not apply to the importation into
this state of an assault weapon or a .50 BMG rifle by the registered
owner of that assault weapon or a .50 BMG rifle if it is in
accordance with the provisions of Section 30945.
(b) Section 30600 shall not apply during the first 180 days of the
2005 calendar year to the importation into this state of a .50 BMG
rifle by a person who lawfully possessed that .50 BMG rifle in this
state prior to January 1, 2005.
30675. (a) Sections 30605 and 30610 shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 31000 or 31005.
(2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 31000 or 31005 when that
person is acting in accordance with Section 31000 or 31005 or Article
5 (commencing with Section 30900).
(b) Sections 30600, 30605, and 30610 shall not apply to any of the
following persons:
(1) A person acting in accordance with Article 5 (commencing with
Section 30900).
(2) A person acting in accordance with Section 31000, 31005,
31050, or 31055.
(c) Sections 30605 and 30610 shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with Section 30945.
30600. (a) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
(b) In addition and consecutive to the punishment imposed under
subdivision (a), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
subdivision (a) shall receive an enhancement of one year.
(c) Except in the case of a first violation involving not more
than two firearms as provided in Sections 30605 and 30610, for
purposes of this article, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this article, there shall be a
distinct and separate offense for each.
30605. (a) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30945 and the person meets all of
the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100,
in which case the assault weapon shall be destroyed pursuant to
Sections 18000 and 18005.
30610. (a) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30905 and the person satisfies
all of the following conditions:
(1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to Section 30905.
(c) Firearms seized pursuant to this section from persons who meet
all of the conditions in paragraphs (1), (2), and (3) of subdivision
(b) shall be returned unless the court finds in the interest of
public safety, after notice and hearing, that the .50 BMG rifle
should be destroyed pursuant to Sections 18000 and 18005. Firearms
seized from persons who do not meet the conditions set forth in
paragraphs (1), (2), and (3) of subdivision (b) shall be destroyed
pursuant to Sections 18000 and 18005.
30615. Notwithstanding Section 654 or any other provision of law,
any person who commits another crime while violating this article may
receive an additional, consecutive punishment of one year for
violating this article, in addition and consecutive to the
punishment, including enhancements, which is prescribed for the other
crime.
30620. As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(a) The effective date of an amendment to Section 30510 or to
former Section 12276 that adds the designation of the specified
firearm.
(b) The effective date of the list promulgated pursuant to former
Section 12276.5, as that section read in Section 3 of Chapter 954 of
the Statutes of 1991, which adds or changes the designation of the
specified firearm.
(c) January 1, 2000, which was the operative date of former
Section 12276.1, as enacted by Section 7 of Chapter 129 of the
Statutes of 1999.
30625. Sections 30600, 30605, and 30610 shall not apply to the sale
to, purchase by, importation of, or possession of assault weapons or
a .50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Department of Corrections
and Rehabilitation, the Department of the California Highway Patrol,
district attorneys' offices, the Department of Fish and Game, the
Department of Parks and Recreation, or the military or naval forces
of this state or of the United States, or any federal law enforcement
agency for use in the discharge of their official duties.
30630. (a) Sections 30605 and 30610 shall not prohibit the
possession or use of assault weapons or a .50 BMG rifle by sworn
peace officer members of those agencies specified in Section 30625
for law enforcement purposes, whether on or off duty.
(b) (1) Sections 30600, 30605, and 30610 shall not prohibit the
sale, delivery, or transfer of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in Section 30625 if
the peace officer is authorized by the officer's employer to possess
or receive the assault weapon or the .50 BMG rifle. Required
authorization is defined as verifiable written certification from the
head of the agency, identifying the recipient or possessor of the
assault weapon as a peace officer and authorizing that person to
receive or possess the specific assault weapon.
(2) For this exemption to apply, in the case of a peace officer
who possesses or receives the assault weapon prior to January 1,
2002, the officer shall register the assault weapon on or before
April 1, 2002, pursuant to former Section 12285, as it read at any
time from when it was enacted by Section 3 of Chapter 19 of the
Statutes of 1989, to and including when it was amended by Section 9
of Chapter 129 of the Statutes of 1999. In the case of a peace
officer who possesses or receives the assault weapon on or after
January 1, 2002, the officer shall, not later than 90 days after
possession or receipt, register the assault weapon pursuant to
Article 5 (commencing with Section 30900), or pursuant to former
Section 12285, as it read at any time from when it was amended by
Section 9 of Chapter 129 of the Statutes of 1999 to when it was
repealed by the Deadly Weapons Recodification Act of 2010. In the
case of a peace officer who possesses or receives a .50 BMG rifle on
or before January 1, 2005, the officer shall register the .50 BMG
rifle on or before April 30, 2006. In the case of a peace officer who
possesses or receives a .50 BMG rifle after January 1, 2005, the
officer shall register the .50 BMG rifle not later than one year
after possession or receipt.
(3) With the registration, the peace officer shall include a copy
of the authorization required pursuant to this subdivision.
(c) Nothing in this article shall be construed to limit or
prohibit the sale, delivery, or transfer of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
30635. Section 30605 shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to former Section
12276.5, as that section read in Section 3 of Chapter 19 of the
Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990,
or Section 3 of Chapter 954 of the Statutes of 1991, or during the
one-year period after the date it was defined as an assault weapon
pursuant to former Section 12276.1, as that section read at any time
from when it was enacted by Section 7 of Chapter 129 of the Statutes
of 1999 to when it was repealed by the Deadly Weapons Recodification
Act of 2010, if all of the following are applicable:
(a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register the
particular assault weapon.
(b) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
former Section 12276.5, or prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1.
(c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
30640. Section 30610 shall not apply to the possession of a .50 BMG
rifle, which was not defined or specified as an assault weapon
pursuant to the then-applicable version of the former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 that was added
to this code by Section 3 of Chapter 19 of the Statutes of 1989, by
any person prior to May 1, 2006, if all of the following are
applicable:
(a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register that
.50 BMG rifle.
(b) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
(c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
30645. Sections 30600, 30605, and 30610 shall not apply to the
manufacture by any person who is issued a permit pursuant to Section
31005 of assault weapons or .50 BMG rifles for sale to the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United States
State Department.
(f) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in subdivisions (c) to (e), inclusive.
30650. Sections 30600, 30605, and 30610 shall not apply to the sale
of assault weapons or .50 BMG rifles by persons who are issued
permits pursuant to Section 31005 to any of the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United States
State Department.
(f) Officers described in Section 30630 who are authorized to
possess assault weapons or .50 BMG rifles pursuant to Section 30630.
30655. (a) Section 30600 shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630 that is disposed of as authorized by the probate court,
if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630, if the assault weapon or .50 BMG rifle is possessed at
a place set forth in subdivision (a) of Section 30945 or as
authorized by the probate court.
30660. (a) Section 30600 shall not apply to a person who lawfully
possesses and has registered an assault weapon or .50 BMG rifle
pursuant to this chapter who lends that assault weapon or .50 BMG
rifle to another person, if all the following requirements are
satisfied:
(1) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not prohibited by state or federal
law from possessing, receiving, owning, or purchasing a firearm.
(2) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
(3) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
(A) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(B) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(C) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(b) Section 30600 shall not apply to the return of an assault
weapon or .50 BMG rifle to the registered possessor, or the lawful
possessor, which is lent by that registered or lawful possessor
pursuant to subdivision (a).
(c) Sections 30605 and 30610 shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (a).
30665. Sections 30600, 30605, and 30610 shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
(a) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
(b) The competition or match is conducted on the premises of one
of the following:
(1) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(2) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
(c) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(d) The assault weapon or .50 BMG rifle is transported in
accordance with Section 25610 or Article 3 (commencing with Section
25505) of Chapter 2 of Division 5.
(e) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
30670. (a) Section 30600 shall not apply to the importation into
this state of an assault weapon or a .50 BMG rifle by the registered
owner of that assault weapon or a .50 BMG rifle if it is in
accordance with the provisions of Section 30945.
(b) Section 30600 shall not apply during the first 180 days of the
2005 calendar year to the importation into this state of a .50 BMG
rifle by a person who lawfully possessed that .50 BMG rifle in this
state prior to January 1, 2005.
30675. (a) Sections 30605 and 30610 shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 31000 or 31005.
(2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 31000 or 31005 when that
person is acting in accordance with Section 31000 or 31005 or Article
5 (commencing with Section 30900).
(b) Sections 30600, 30605, and 30610 shall not apply to any of the
following persons:
(1) A person acting in accordance with Article 5 (commencing with
Section 30900).
(2) A person acting in accordance with Section 31000, 31005,
31050, or 31055.
(c) Sections 30605 and 30610 shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with Section 30945.
30600. (a) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
(b) In addition and consecutive to the punishment imposed under
subdivision (a), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
subdivision (a) shall receive an enhancement of one year.
(c) Except in the case of a first violation involving not more
than two firearms as provided in Sections 30605 and 30610, for
purposes of this article, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this article, there shall be a
distinct and separate offense for each.
30605. (a) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30945 and the person meets all of
the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100,
in which case the assault weapon shall be destroyed pursuant to
Sections 18000 and 18005.
30610. (a) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30905 and the person satisfies
all of the following conditions:
(1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to Section 30905.
(c) Firearms seized pursuant to this section from persons who meet
all of the conditions in paragraphs (1), (2), and (3) of subdivision
(b) shall be returned unless the court finds in the interest of
public safety, after notice and hearing, that the .50 BMG rifle
should be destroyed pursuant to Sections 18000 and 18005. Firearms
seized from persons who do not meet the conditions set forth in
paragraphs (1), (2), and (3) of subdivision (b) shall be destroyed
pursuant to Sections 18000 and 18005.
30615. Notwithstanding Section 654 or any other provision of law,
any person who commits another crime while violating this article may
receive an additional, consecutive punishment of one year for
violating this article, in addition and consecutive to the
punishment, including enhancements, which is prescribed for the other
crime.
30620. As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(a) The effective date of an amendment to Section 30510 or to
former Section 12276 that adds the designation of the specified
firearm.
(b) The effective date of the list promulgated pursuant to former
Section 12276.5, as that section read in Section 3 of Chapter 954 of
the Statutes of 1991, which adds or changes the designation of the
specified firearm.
(c) January 1, 2000, which was the operative date of former
Section 12276.1, as enacted by Section 7 of Chapter 129 of the
Statutes of 1999.
30625. Sections 30600, 30605, and 30610 shall not apply to the sale
to, purchase by, importation of, or possession of assault weapons or
a .50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Department of Corrections
and Rehabilitation, the Department of the California Highway Patrol,
district attorneys' offices, the Department of Fish and Game, the
Department of Parks and Recreation, or the military or naval forces
of this state or of the United States, or any federal law enforcement
agency for use in the discharge of their official duties.
30630. (a) Sections 30605 and 30610 shall not prohibit the
possession or use of assault weapons or a .50 BMG rifle by sworn
peace officer members of those agencies specified in Section 30625
for law enforcement purposes, whether on or off duty.
(b) (1) Sections 30600, 30605, and 30610 shall not prohibit the
sale, delivery, or transfer of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in Section 30625 if
the peace officer is authorized by the officer's employer to possess
or receive the assault weapon or the .50 BMG rifle. Required
authorization is defined as verifiable written certification from the
head of the agency, identifying the recipient or possessor of the
assault weapon as a peace officer and authorizing that person to
receive or possess the specific assault weapon.
(2) For this exemption to apply, in the case of a peace officer
who possesses or receives the assault weapon prior to January 1,
2002, the officer shall register the assault weapon on or before
April 1, 2002, pursuant to former Section 12285, as it read at any
time from when it was enacted by Section 3 of Chapter 19 of the
Statutes of 1989, to and including when it was amended by Section 9
of Chapter 129 of the Statutes of 1999. In the case of a peace
officer who possesses or receives the assault weapon on or after
January 1, 2002, the officer shall, not later than 90 days after
possession or receipt, register the assault weapon pursuant to
Article 5 (commencing with Section 30900), or pursuant to former
Section 12285, as it read at any time from when it was amended by
Section 9 of Chapter 129 of the Statutes of 1999 to when it was
repealed by the Deadly Weapons Recodification Act of 2010. In the
case of a peace officer who possesses or receives a .50 BMG rifle on
or before January 1, 2005, the officer shall register the .50 BMG
rifle on or before April 30, 2006. In the case of a peace officer who
possesses or receives a .50 BMG rifle after January 1, 2005, the
officer shall register the .50 BMG rifle not later than one year
after possession or receipt.
(3) With the registration, the peace officer shall include a copy
of the authorization required pursuant to this subdivision.
(c) Nothing in this article shall be construed to limit or
prohibit the sale, delivery, or transfer of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
30635. Section 30605 shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to former Section
12276.5, as that section read in Section 3 of Chapter 19 of the
Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990,
or Section 3 of Chapter 954 of the Statutes of 1991, or during the
one-year period after the date it was defined as an assault weapon
pursuant to former Section 12276.1, as that section read at any time
from when it was enacted by Section 7 of Chapter 129 of the Statutes
of 1999 to when it was repealed by the Deadly Weapons Recodification
Act of 2010, if all of the following are applicable:
(a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register the
particular assault weapon.
(b) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
former Section 12276.5, or prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1.
(c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
30640. Section 30610 shall not apply to the possession of a .50 BMG
rifle, which was not defined or specified as an assault weapon
pursuant to the then-applicable version of the former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 that was added
to this code by Section 3 of Chapter 19 of the Statutes of 1989, by
any person prior to May 1, 2006, if all of the following are
applicable:
(a) At the time of the possession in question, the person was
eligible under the then-applicable version of former Chapter 2.3
(commencing with Section 12275) of Title 2 of Part 4 to register that
.50 BMG rifle.
(b) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
(c) At the time of the possession in question, the person was
otherwise in compliance with the then-applicable version of former
Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
30645. Sections 30600, 30605, and 30610 shall not apply to the
manufacture by any person who is issued a permit pursuant to Section
31005 of assault weapons or .50 BMG rifles for sale to the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United States
State Department.
(f) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in subdivisions (c) to (e), inclusive.
30650. Sections 30600, 30605, and 30610 shall not apply to the sale
of assault weapons or .50 BMG rifles by persons who are issued
permits pursuant to Section 31005 to any of the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to
Section 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United States
State Department.
(f) Officers described in Section 30630 who are authorized to
possess assault weapons or .50 BMG rifles pursuant to Section 30630.
30655. (a) Section 30600 shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630 that is disposed of as authorized by the probate court,
if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Article 5 (commencing with
Section 30900) or that was possessed pursuant to subdivision (a) of
Section 30630, if the assault weapon or .50 BMG rifle is possessed at
a place set forth in subdivision (a) of Section 30945 or as
authorized by the probate court.
30660. (a) Section 30600 shall not apply to a person who lawfully
possesses and has registered an assault weapon or .50 BMG rifle
pursuant to this chapter who lends that assault weapon or .50 BMG
rifle to another person, if all the following requirements are
satisfied:
(1) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not prohibited by state or federal
law from possessing, receiving, owning, or purchasing a firearm.
(2) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
(3) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
(A) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(B) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(C) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(b) Section 30600 shall not apply to the return of an assault
weapon or .50 BMG rifle to the registered possessor, or the lawful
possessor, which is lent by that registered or lawful possessor
pursuant to subdivision (a).
(c) Sections 30605 and 30610 shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (a).
30665. Sections 30600, 30605, and 30610 shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
(a) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
(b) The competition or match is conducted on the premises of one
of the following:
(1) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(2) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
(c) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(d) The assault weapon or .50 BMG rifle is transported in
accordance with Section 25610 or Article 3 (commencing with Section
25505) of Chapter 2 of Division 5.
(e) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
30670. (a) Section 30600 shall not apply to the importation into
this state of an assault weapon or a .50 BMG rifle by the registered
owner of that assault weapon or a .50 BMG rifle if it is in
accordance with the provisions of Section 30945.
(b) Section 30600 shall not apply during the first 180 days of the
2005 calendar year to the importation into this state of a .50 BMG
rifle by a person who lawfully possessed that .50 BMG rifle in this
state prior to January 1, 2005.
30675. (a) Sections 30605 and 30610 shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 31000 or 31005.
(2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 31000 or 31005 when that
person is acting in accordance with Section 31000 or 31005 or Article
5 (commencing with Section 30900).
(b) Sections 30600, 30605, and 30610 shall not apply to any of the
following persons:
(1) A person acting in accordance with Article 5 (commencing with
Section 30900).
(2) A person acting in accordance with Section 31000, 31005,
31050, or 31055.
(c) Sections 30605 and 30610 shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with Section 30945.
