AOH :: 94GUNLAW.TXT

1994 Amendments to California's Gun Laws


FYI    AMENDED WEAPONS LAWS    EFFECTIVE JANUARY 1, 1994

The following is a summarization ONLY of changes/amendments 
to several sections of the California Penal Code (PC).  For
more detailed language, you may contact the Legislative Bill
Room Annex at (916) 445-2645 to obtain copies of these bills
(order by statute year and chapter number).  For those of you
that would like a copy of the 1994 CALIFORNIA FIREARMS LAWS
Pamphlet, leave me a message here and I can either get you 
one, or I can give you the correct mailing address in 
Sacramento to order one.  They are $2.00 each.

AB 166  (Stats. 1993, ch. 606) (HAUSER, AREIAS, PEACE)
   PC 12002(h) revises the definition of "wholesaler"
   by excluding individuals who deal exclusively in
   grips, stocks, and other parts of firearms that
   are not frames or receivers.

   PC 12026.2(a) (13),(14), and (15) expand the 
   exemptions on carrying a concealed firearm
   to include going directly to or from a gun
   show for the purpose of transferring an
   unloaded firearm; transporting an unloaded
   firearm for the purpose of transferring or taking
   possession of a firearm by operation of law; delivery
   of unloaded firearms intended as merchandise between
   dealers; delivery of unloaded firearms by dealers
   to persons who reside out-of-state; and return of
   unloaded firearms to wholesalers intended as merchandise.

   PC 12070 (B) (16) provides an exemption to dealer licensing
   requirements for the delivery, sale, or transfer of unloaded
   firearms by one wholesaler to another if the firearms are
   intended as merchandise.

   PC 12073 (b) (6) exempts dealers from Dealer's Record of Sale
   (DROS) requirements and the waiting period when transferring
   a long gun to himself or herself.

   PC 12076 (g) (2) provides that in a single transaction on the
   same date for the sale of any number of handguns, the Department
   of Justice shall charge a reduced fee for the second and 
   subsequent firearms.

   PC 12078 (n) (1) (A), (B) and PC 12078 (n) (2) (A) exempt dealers
   from the waiting period when taking possession of a handgun from
   another dealer if the firearm is not intended as merchandise and
   the receiving dealer presents proof of being licensed pursuant to
   12071 PC, or when a dealer transfers a handgun to himself or herself
   and the firearm is not intended as merchandise.

   PC 12078 (o) exempts agencies authorized to receive machineguns, 
   assault weapons, and firearms regulated pursuant to 12020 PC from
   DROS and waiting period requirements.

   PC 12809 (d) (C) deletes the requirement for dealers who are 
   certified Basic Firearm Safety Instructors to provide a purchaser
   or transferee of a handgun with instructions on how to operate
   the firearm at the time of delivery.

AB 581 (Stats. 1993, ch. 628) (SPEIER)
   PC 12403.7 (a) (7) requires holders of existing tear gas instruction
   cards issued prior to March 1, 1994, to additionally obtain 
   oleoresin capsicum certification to purchase, possess, or use a
   tear gas weapon containing oleoresin capsicum which has been 
   certified by the Department of Justice for such use.  Allows an
   individual to obtain a tear gas instruction card by either
       1)  completing a course in tear gas instruction
           certified by the Department;
       2)  completing an objective test prescribed by
           the Department; or
       3)  completing point-of-sale instruction, as specified.

   PC 12403.7 (a) (8) provides that anyone who uses, purchases, or
   possesses tear gas for the purpose of self-defense that has not
   been certified for such use by the Department of Justice is
   guilty of a misdemeanor.  Any person who has not obtained a tear
   gas instruction card and uses, purchases, or possesses any tear
   gas for self-defense which has been certified for such use by
   the Department is guilty of an infraction.

   PC 12403.8 (a) allows a minor who is at least 16 years of age to
   purchase, possess, and use tear gas weapons provided the minor has
   written consent of his or her parent and the minor signs an affidavit 
   that he or she intends to use the tear gas solely for self-defense
   purposes.

AB 685  (Stats. 1993, ch.612) (MURRAY)
   PC 12021(c) (1) adds PC 240, 242 (definitions of assault and 
   battery respectively), 273.5 (corporal injury to a spouse or
   significant other), 273.6 (willful violation of a domestic
   protective order), and 646.0 (stalking) to the list of 
   10-year misdemeanor firearm prohibitions.

   PC 12021 (c) (3) allows anyone to petition the court only once
   for relief from the firearm prohibition imposed by the offenses
   listed in PC 12021 (c) (1), providing the conviction was prior
   to January 1, 1991.

   PC 12021.1 (b) adds the offenses of carjacking and two convictions
   for brandishing a firearm in the presence of another (not a peace
   officer) to the list of life-time prohibitions.

SB 180  (Stats. 1993, ch. 1139) (HUGHES)
   PC 12071 (b)(1)(B) allows dealers licensed pursuant to this section
   to initiate the sale of firearms (including pistols and revolvers)
   at gun shows or events, provided the dealer complies with all
   other applicable local laws, regulations, fees, and the 15-day
   waiting period.

   PC 12071 (b) (2) (B) requires a purchaser or transferee to present
   clear evidence of identity and age to the dealer before taking 
   delivery of a firearm, deleting the provision that the purchaser
   or transferee may be personally known to the dealer in lieu of 
   identification.

   PC 12071 (b) (8) revises the date the Firearm Safety Certificate 
   will be required from October 1, 1993 to April 1, 1994.

   PC 12071 (b) (13) requires dealers to report any loss or theft
   of any firearm that is merchandise, or in the dealers possession
   pursuant to PC Section 12082, to the appropriate law enforcement
   agency within 48 hours of discovering the loss or theft.

   PC 12071 (b) (14) requires dealers in counties with a population
   of 200,000 persons or more, to store all firearms kept in their
   place of business, as specified, any time the dealer is not open
   for business.

   PC 12071 (b) (15) allows the licensing authority in counties with
   a population less than 200,000 persons to impose the requirements
   specified in PC 12071 (b) (14).

   PC 12071 (b) (17) requires dealers to submit a copy of their local
   license to the Department of Justice upon issuance or renewal.

   PC 12071 (e) requires the Department of Justice to keep a 
   centralized list of all persons licensed pursuant to 12071 (a)
   PC for law enforcement purposes and to validate the status of
   dealers for manufacturers, importers, and wholesalers for the purpose
   of transferring firearms.

   PC 12285 (c) (6) allows possession of assault weapons on publicly
   owned land if the possession and use of assault weapons are
   specifically permitted by the managing agency of the land.X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
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