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© (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 © (3) allows anyone to petition the court only once for relief from the firearm prohibition imposed by the offenses listed in PC 12021 © (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 © (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.