31700. (a) The following persons, properly identified, are exempted
from the handgun safety certificate requirement in subdivision (a)
of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
(7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
31705. (a) Subdivision (a) of Section 31615 does not apply to any
sale, delivery, or transfer of firearms made to an authorized law
enforcement representative of any city, county, city and county, or
state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
31710. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
(b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
31715. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
31720. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
31725. (a) Subdivision (a) of Section 31615 does not apply to a
sale, delivery, or transfer of firearms if both of the following
requirements are satisfied:
(1) The sale, delivery, or transfer is to an authorized
representative of a city, city and county, county, or state
government, or of the federal government, and is for the governmental
entity.
(2) The entity is acquiring the weapon as part of an authorized,
voluntary program in which the entity is buying or receiving weapons
from private individuals.
(b) Any weapons acquired pursuant to this section shall be
disposed of pursuant to the applicable provisions of Section 34000 or
Sections 18000 and 18005.
31730. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, loan, or transfer of a firearm made by an authorized law
enforcement representative of a city, county, city and county, or
state, or of the federal government, to any public or private
nonprofit historical society, museum, or institutional collection, or
the purchase or receipt of that firearm by that public or private
nonprofit historical society, museum, or institutional collection, if
all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm prior to delivery is deactivated or rendered
inoperable.
(c) The firearm is not subject to any of the following:
(1) Sections 18000 and 18005.
(2) Division 4 (commencing with Section 18250) of Title 2.
(3) Section 34000.
(4) Sections 34005 and 34010.
(d) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
(e) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions listed in
Section 16575 and, if applicable, Section 31615.
(f) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, all of the following
information shall be reported to the department in a manner
prescribed by the department:
(1) The name of the government entity delivering the firearm.
(2) The make, model, serial number, and other identifying
characteristics of the firearm.
(3) The name of the person authorized by the entity to take
possession of the firearm.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
31735. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, loan, or transfer of a firearm made by any person other
than a representative of an authorized law enforcement agency to any
public or private nonprofit historical society, museum, or
institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to
delivery.
(c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
(e) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that entity shall,
within 30 days of taking possession of that handgun, forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, which
includes all of the following information:
(1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision
(d).
(f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
31740. Subdivision (a) of Section 31615 does not apply to sales,
deliveries, or transfers of firearms between or to importers and
manufacturers of firearms licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
31745. Subdivision (a) of Section 31615 shall not apply to the
sale, delivery, or transfer of a handgun to a person licensed
pursuant to Sections 26700 to 26915, inclusive, where the licensee is
receiving the handgun in the course and scope of the licensee's
activities as a person licensed pursuant to Sections 26700 to 26915,
inclusive.
31750. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following conditions exist:
(a) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
(b) The loan is for a lawful purpose.
(c) The loan does not exceed three days in duration.
(d) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(e) The person loaning the firearm is 18 years of age or older.
(f) The person being loaned the firearm is 18 years of age or
older.
31755. Subdivision (a) of Section 31615 does not apply to the
delivery of a firearm to a gunsmith for service or repair, or to the
return of the firearm to its owner by the gunsmith, or to the
delivery of a firearm by a gunsmith to a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code for service or repair and the return of the firearm to
the gunsmith.
31760. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following
requirements are satisfied:
(a) The sale, delivery, or transfer is made by a person who
resides in this state.
(b) The sale, delivery, or transfer is made to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(c) The sale, delivery, or transfer is in accordance with Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.
31765. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm to a person 18 years of age or older for the purposes of
shooting at targets if the loan occurs on the premises of a target
facility that holds a business or regulatory license or on the
premises of any club or organization organized for the purposes of
practicing shooting at targets upon established ranges, whether
public or private, if the firearm is at all times kept within the
premises of the target range or on the premises of the club or
organization.
31770. Subdivision (a) of Section 31615 does not apply to
deliveries, transfers, or returns of firearms made pursuant to any of
the following:
(a) Sections 18000 and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Chapter 2 (commencing with Section 33850) of Division 11.
(d) Sections 34005 and 34010.
31775. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following conditions
are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
31780. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms by a dealer to a person
who resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
31785. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms to a wholesaler if the
firearms are being returned to the wholesaler and are intended as
merchandise in the wholesaler's business.
31790. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following conditions
are satisfied:
(a) The firearms are unloaded.
(b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
(c) The firearms are intended as merchandise in the receiving
dealer's business.
31795. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of an unloaded firearm, other than a handgun,
by a dealer to himself or herself.
31800. Subdivision (a) of Section 31615 does not apply to the loan
of an unloaded firearm by a dealer who also operates a target
facility that holds a business or regulatory license on the premises
of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
31805. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms to a wholesaler as
merchandise in the wholesaler's business by a manufacturer or
importer licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, or by another
wholesaler, if the sale, delivery, or transfer is made in accordance
with Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code.
31810. Subdivision (a) of Section 31615 does not apply to or affect
the following circumstances:
(a) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
(1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(b) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
(1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
(2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(4) The duration of the loan does not, in any event, exceed 10
days.
31815. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The firearm is unloaded.
(c) The loan is made by a person who is neither a dealer nor a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(d) The loan is made to a person 18 years of age or older.
(e) The loan is for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
31820. (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following requirements are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.
31825. (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following conditions are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a dealer.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
31830. (a) Subdivision (a) of Section 31615 does not apply to the
loan of an unloaded firearm to a consultant-evaluator by a person
licensed pursuant to Sections 26700 to 26915, inclusive, if the loan
does not exceed 45 days from the date of delivery.
(b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
(1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
(2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
(3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
(4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.
31700. (a) The following persons, properly identified, are exempted
from the handgun safety certificate requirement in subdivision (a)
of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
(7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
31705. (a) Subdivision (a) of Section 31615 does not apply to any
sale, delivery, or transfer of firearms made to an authorized law
enforcement representative of any city, county, city and county, or
state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
31710. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
(b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
31715. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
31720. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
31725. (a) Subdivision (a) of Section 31615 does not apply to a
sale, delivery, or transfer of firearms if both of the following
requirements are satisfied:
(1) The sale, delivery, or transfer is to an authorized
representative of a city, city and county, county, or state
government, or of the federal government, and is for the governmental
entity.
(2) The entity is acquiring the weapon as part of an authorized,
voluntary program in which the entity is buying or receiving weapons
from private individuals.
(b) Any weapons acquired pursuant to this section shall be
disposed of pursuant to the applicable provisions of Section 34000 or
Sections 18000 and 18005.
31730. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, loan, or transfer of a firearm made by an authorized law
enforcement representative of a city, county, city and county, or
state, or of the federal government, to any public or private
nonprofit historical society, museum, or institutional collection, or
the purchase or receipt of that firearm by that public or private
nonprofit historical society, museum, or institutional collection, if
all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm prior to delivery is deactivated or rendered
inoperable.
(c) The firearm is not subject to any of the following:
(1) Sections 18000 and 18005.
(2) Division 4 (commencing with Section 18250) of Title 2.
(3) Section 34000.
(4) Sections 34005 and 34010.
(d) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
(e) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions listed in
Section 16575 and, if applicable, Section 31615.
(f) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, all of the following
information shall be reported to the department in a manner
prescribed by the department:
(1) The name of the government entity delivering the firearm.
(2) The make, model, serial number, and other identifying
characteristics of the firearm.
(3) The name of the person authorized by the entity to take
possession of the firearm.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
31735. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, loan, or transfer of a firearm made by any person other
than a representative of an authorized law enforcement agency to any
public or private nonprofit historical society, museum, or
institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to
delivery.
(c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
(e) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that entity shall,
within 30 days of taking possession of that handgun, forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, which
includes all of the following information:
(1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision
(d).
(f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
31740. Subdivision (a) of Section 31615 does not apply to sales,
deliveries, or transfers of firearms between or to importers and
manufacturers of firearms licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
31745. Subdivision (a) of Section 31615 shall not apply to the
sale, delivery, or transfer of a handgun to a person licensed
pursuant to Sections 26700 to 26915, inclusive, where the licensee is
receiving the handgun in the course and scope of the licensee's
activities as a person licensed pursuant to Sections 26700 to 26915,
inclusive.
31750. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following conditions exist:
(a) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
(b) The loan is for a lawful purpose.
(c) The loan does not exceed three days in duration.
(d) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(e) The person loaning the firearm is 18 years of age or older.
(f) The person being loaned the firearm is 18 years of age or
older.
31755. Subdivision (a) of Section 31615 does not apply to the
delivery of a firearm to a gunsmith for service or repair, or to the
return of the firearm to its owner by the gunsmith, or to the
delivery of a firearm by a gunsmith to a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code for service or repair and the return of the firearm to
the gunsmith.
31760. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following
requirements are satisfied:
(a) The sale, delivery, or transfer is made by a person who
resides in this state.
(b) The sale, delivery, or transfer is made to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(c) The sale, delivery, or transfer is in accordance with Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.
31765. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm to a person 18 years of age or older for the purposes of
shooting at targets if the loan occurs on the premises of a target
facility that holds a business or regulatory license or on the
premises of any club or organization organized for the purposes of
practicing shooting at targets upon established ranges, whether
public or private, if the firearm is at all times kept within the
premises of the target range or on the premises of the club or
organization.
31770. Subdivision (a) of Section 31615 does not apply to
deliveries, transfers, or returns of firearms made pursuant to any of
the following:
(a) Sections 18000 and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Chapter 2 (commencing with Section 33850) of Division 11.
(d) Sections 34005 and 34010.
31775. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following conditions
are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
31780. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms by a dealer to a person
who resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
31785. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms to a wholesaler if the
firearms are being returned to the wholesaler and are intended as
merchandise in the wholesaler's business.
31790. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following conditions
are satisfied:
(a) The firearms are unloaded.
(b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
(c) The firearms are intended as merchandise in the receiving
dealer's business.
31795. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of an unloaded firearm, other than a handgun,
by a dealer to himself or herself.
31800. Subdivision (a) of Section 31615 does not apply to the loan
of an unloaded firearm by a dealer who also operates a target
facility that holds a business or regulatory license on the premises
of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
31805. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms to a wholesaler as
merchandise in the wholesaler's business by a manufacturer or
importer licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, or by another
wholesaler, if the sale, delivery, or transfer is made in accordance
with Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code.
31810. Subdivision (a) of Section 31615 does not apply to or affect
the following circumstances:
(a) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
(1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(b) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
(1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
(2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(4) The duration of the loan does not, in any event, exceed 10
days.
31815. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The firearm is unloaded.
(c) The loan is made by a person who is neither a dealer nor a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(d) The loan is made to a person 18 years of age or older.
(e) The loan is for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
31820. (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following requirements are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.
31825. (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following conditions are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a dealer.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
31830. (a) Subdivision (a) of Section 31615 does not apply to the
loan of an unloaded firearm to a consultant-evaluator by a person
licensed pursuant to Sections 26700 to 26915, inclusive, if the loan
does not exceed 45 days from the date of delivery.
(b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
(1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
(2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
(3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
(4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.
31700. (a) The following persons, properly identified, are exempted
from the handgun safety certificate requirement in subdivision (a)
of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
(7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
31705. (a) Subdivision (a) of Section 31615 does not apply to any
sale, delivery, or transfer of firearms made to an authorized law
enforcement representative of any city, county, city and county, or
state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
31710. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
(b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.
31715. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
31720. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
31725. (a) Subdivision (a) of Section 31615 does not apply to a
sale, delivery, or transfer of firearms if both of the following
requirements are satisfied:
(1) The sale, delivery, or transfer is to an authorized
representative of a city, city and county, county, or state
government, or of the federal government, and is for the governmental
entity.
(2) The entity is acquiring the weapon as part of an authorized,
voluntary program in which the entity is buying or receiving weapons
from private individuals.
(b) Any weapons acquired pursuant to this section shall be
disposed of pursuant to the applicable provisions of Section 34000 or
Sections 18000 and 18005.
31730. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, loan, or transfer of a firearm made by an authorized law
enforcement representative of a city, county, city and county, or
state, or of the federal government, to any public or private
nonprofit historical society, museum, or institutional collection, or
the purchase or receipt of that firearm by that public or private
nonprofit historical society, museum, or institutional collection, if
all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm prior to delivery is deactivated or rendered
inoperable.
(c) The firearm is not subject to any of the following:
(1) Sections 18000 and 18005.
(2) Division 4 (commencing with Section 18250) of Title 2.
(3) Section 34000.
(4) Sections 34005 and 34010.
(d) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
(e) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions listed in
Section 16575 and, if applicable, Section 31615.
(f) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, all of the following
information shall be reported to the department in a manner
prescribed by the department:
(1) The name of the government entity delivering the firearm.
(2) The make, model, serial number, and other identifying
characteristics of the firearm.
(3) The name of the person authorized by the entity to take
possession of the firearm.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
31735. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, loan, or transfer of a firearm made by any person other
than a representative of an authorized law enforcement agency to any
public or private nonprofit historical society, museum, or
institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to
delivery.
(c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
(e) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that entity shall,
within 30 days of taking possession of that handgun, forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, which
includes all of the following information:
(1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision
(d).
(f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
31740. Subdivision (a) of Section 31615 does not apply to sales,
deliveries, or transfers of firearms between or to importers and
manufacturers of firearms licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
31745. Subdivision (a) of Section 31615 shall not apply to the
sale, delivery, or transfer of a handgun to a person licensed
pursuant to Sections 26700 to 26915, inclusive, where the licensee is
receiving the handgun in the course and scope of the licensee's
activities as a person licensed pursuant to Sections 26700 to 26915,
inclusive.
31750. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following conditions exist:
(a) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
(b) The loan is for a lawful purpose.
(c) The loan does not exceed three days in duration.
(d) The individual receiving the firearm is not prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(e) The person loaning the firearm is 18 years of age or older.
(f) The person being loaned the firearm is 18 years of age or
older.
31755. Subdivision (a) of Section 31615 does not apply to the
delivery of a firearm to a gunsmith for service or repair, or to the
return of the firearm to its owner by the gunsmith, or to the
delivery of a firearm by a gunsmith to a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code for service or repair and the return of the firearm to
the gunsmith.
31760. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following
requirements are satisfied:
(a) The sale, delivery, or transfer is made by a person who
resides in this state.
(b) The sale, delivery, or transfer is made to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(c) The sale, delivery, or transfer is in accordance with Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.
31765. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm to a person 18 years of age or older for the purposes of
shooting at targets if the loan occurs on the premises of a target
facility that holds a business or regulatory license or on the
premises of any club or organization organized for the purposes of
practicing shooting at targets upon established ranges, whether
public or private, if the firearm is at all times kept within the
premises of the target range or on the premises of the club or
organization.
31770. Subdivision (a) of Section 31615 does not apply to
deliveries, transfers, or returns of firearms made pursuant to any of
the following:
(a) Sections 18000 and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Chapter 2 (commencing with Section 33850) of Division 11.
(d) Sections 34005 and 34010.
31775. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following conditions
are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
31780. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms by a dealer to a person
who resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
31785. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms to a wholesaler if the
firearms are being returned to the wholesaler and are intended as
merchandise in the wholesaler's business.
31790. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of firearms if all of the following conditions
are satisfied:
(a) The firearms are unloaded.
(b) The sale, delivery, or transfer is made by one dealer to
another dealer, upon proof of compliance with the requirements of
Section 27555.
(c) The firearms are intended as merchandise in the receiving
dealer's business.
31795. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of an unloaded firearm, other than a handgun,
by a dealer to himself or herself.
31800. Subdivision (a) of Section 31615 does not apply to the loan
of an unloaded firearm by a dealer who also operates a target
facility that holds a business or regulatory license on the premises
of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
31805. Subdivision (a) of Section 31615 does not apply to the sale,
delivery, or transfer of unloaded firearms to a wholesaler as
merchandise in the wholesaler's business by a manufacturer or
importer licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, or by another
wholesaler, if the sale, delivery, or transfer is made in accordance
with Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code.
31810. Subdivision (a) of Section 31615 does not apply to or affect
the following circumstances:
(a) The loan of a handgun to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
(1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(b) The loan of a handgun to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
(1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
(2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(4) The duration of the loan does not, in any event, exceed 10
days.
31815. Subdivision (a) of Section 31615 does not apply to the loan
of a firearm if all of the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The firearm is unloaded.
(c) The loan is made by a person who is neither a dealer nor a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(d) The loan is made to a person 18 years of age or older.
(e) The loan is for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
31820. (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following requirements are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a person who is not a dealer but is a
federal firearms licensee pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The person loaning the firearm pursuant to this section shall
retain a photocopy of the entertainment firearms permit as proof of
compliance with this requirement.
31825. (a) Subdivision (a) of Section 31615 does not apply to the
loan of a firearm if all of the following conditions are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a dealer.
(3) The loan is made to a person who possesses a valid
entertainment firearms permit issued pursuant to Chapter 2
(commencing with Section 29500) of Division 8.
(4) The firearm is loaned solely for use as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event.
(b) The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
31830. (a) Subdivision (a) of Section 31615 does not apply to the
loan of an unloaded firearm to a consultant-evaluator by a person
licensed pursuant to Sections 26700 to 26915, inclusive, if the loan
does not exceed 45 days from the date of delivery.
(b) At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
(1) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
(2) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
(3) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
(4) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.
