BlackletterCalifornia law

TITLE 1. PRELIMINARY PROVISIONS [16000. - 17360.]

Title 1 added by Stats. 2010, Ch. 711, Sec. 6.

§§ 16000–17360 · 149 sections

  1. DIVISION 1. GENERAL PROVISIONS §§ 16000–16025 · 6 sections
    • § 16000 This act recodifies the provisions of former Title 2 (commencing with Section 12000) of Part 4, which was entitled “Control of Deadly Weapons.” The act shall…
    • § 16005 Nothing in the Deadly Weapons Recodification Act of 2010 is intended to substantively change the law relating to deadly weapons. The act is intended to be…
    • § 16010 (a) A provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010,…
    • § 16015 If a previously existing provision is restated and continued in this part, or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision…
    • § 16020 (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part, of Title 2 (commencing with…
    • § 16025 (a) A judicial decision determining the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision…
  2. DIVISION 2. DEFINITIONS §§ 16100–17360 · 143 sections
    • § 16100 Use of the term “.50 BMG cartridge” is governed by Section 30525.
    • § 16110 Use of the term “.50 BMG rifle” is governed by Section 30530.
    • § 16120 As used in this part, “abuse” means any of the following: (a) Intentionally or recklessly to cause or attempt to cause bodily injury. (b) Sexual assault. (c)…
    • § 16130 As used in Section 26915, “agent” means an employee of the licensee.
    • § 16140 As used in this part, “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed…
    • § 16150 (a) As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, “ammunition” means one or more loaded cartridges consisting of a…
    • § 16151 (a) As used in this part, commencing January 1, 2018, “ammunition vendor” means any person, firm, corporation, or other business enterprise that holds a…
    • § 16160 As used in this part, “antique cannon” means any cannon manufactured before January 1, 1899, which has been rendered incapable of firing or for which…
    • § 16170 (a) As used in Sections 30515 and 30530, “antique firearm” means any firearm manufactured before January 1, 1899. (b) As used in Section 16520, Section 16650,…
    • § 16180 As used in this part, “antique rifle” means a firearm conforming to the definition of an “antique firearm” in Section 479.11 of Title 27 of the Code of Federal…
    • § 16190 As used in this part, “application to purchase” means either of the following: (a) The initial completion of the register by the purchaser, transferee, or…
    • § 16200 Use of the term “assault weapon” is governed by Sections 30510 and 30515.
    • § 16220 As used in this part, “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or…
    • § 16230 As used in this part, “ballistics identification system” includes, but is not limited to, any automated image analysis system that is capable of storing…
    • § 16240 As used in this part, “basic firearms safety certificate” means a certificate issued before January 1, 2003, by the Department of Justice pursuant to former…
    • § 16250 (a) As used in this part, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure,…
    • § 16260 As used in this part, “belt buckle knife” is a knife that is made an integral part of a belt buckle and consists of a blade with a length of at least two and…
    • § 16270 As used in this part, “blowgun” means a hollow tube designed and intended to be used as a tube through which a dart is propelled by the force of the breath of…
    • § 16280 As used in this part, “blowgun ammunition” means a dart designed and intended for use in a blowgun.
    • § 16288 As used in Section 31360, “body armor” means any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body…
    • § 16290 As used in this part, “body vest” or “body shield” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer or…
    • § 16300 As used in this part, “bona fide evidence of identity” or “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or…
    • § 16310 As used in this part, “boobytrap” means any concealed or camouflaged device designed to cause great bodily injury when triggered by an action of any…
    • § 16320 (a) As used in this part, “camouflaging firearm container” means a container that meets all of the following criteria: (1) It is designed and intended to…
    • § 16330 As used in this part, “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being…
    • § 16340 As used in this part, “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that…
    • § 16350 As used in Section 30515, “capacity to accept more than 10 rounds” means capable of accommodating more than 10 rounds. The term does not apply to a feeding…
    • § 16360 As used in this part, “CCW” means “carry concealed weapons.”
    • § 16370 As used in Sections 31610 to 31700, inclusive, “certified instructor” or “DOJ Certified Instructor” means a person designated as a handgun safety instructor by…
    • § 16380 As used in this part, “chamber load indicator” means a device that plainly indicates that a cartridge is in the firing chamber. A device satisfies this…
    • § 16400 As used in this part, “clear evidence of the person’s identity and age” means either of the following: (a) A valid California driver’s license. (b) A valid…
    • § 16405 As used in this part, “composite knuckles” means any device or instrument made wholly or partially of composite materials, other than a medically prescribed…
    • § 16410 As used in this part, “consultant-evaluator” means a consultant or evaluator who, in the course of that person’s profession is loaned firearms from a person…
    • § 16420 Use of the term “dagger” is governed by Section 16470.
    • § 16430 As used in Division 4 (commencing with Section 18250) of Title 2, “deadly weapon” means any weapon, the possession or concealed carrying of which is prohibited…
    • § 16440 Use of the term “dealer” is governed by Section 26700.
    • § 16450 As used in Sections 31610 to 31700, inclusive, in Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, and in Article 3 (commencing with Section…
    • § 16460 (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “destructive device” includes any…
    • § 16470 As used in this part, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that…
    • § 16480 Use of the term “DOJ Certified Instructor” is governed by Section 16370.
    • § 16490 As used in this part, “domestic violence” means abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or…
    • § 16500 Use of the phrase “drop safety requirement for handguns” is governed by Section 31900.
    • § 16505 For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in a case that is…
    • § 16510 As used in subdivision (a) of Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “explosive” means any substance, or…
    • § 16515 “Federal licensee authorized to serialize firearms” means a person, firm, corporation, or other entity that holds any valid federal firearms license that…
    • § 16517 “Federally licensed manufacturer or importer” means a person, firm, corporation, or other entity that holds a valid license to manufacture or import firearms…
    • § 16519 “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of…
    • § 16520 (a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an…
    • § 16525 (a) As used in Section 33700, “firearm barrel” means the tube, usually metal and cylindrical, through which a projectile or shot charge is fired. A firearm…
    • § 16530 (a) As used in this part, the terms “firearm capable of being concealed upon the person,” “pistol,” and “revolver” apply to and include any device designed to…
    • § 16531 (a) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it…
    • § 16535 (a) As used in this part, “firearm safety certificate” means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive,…
    • § 16540 As used in this part, “firearm safety device” means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from…
    • § 16550 As used in this part, “firearm transaction record” is a record containing the same information referred to in subdivision (a) of Section 478.124, Section…
    • § 16560 Use of the phrase “firing requirement for handguns” is governed by Section 31905.
    • § 16570 As used in this part, “flechette dart” means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that…
    • § 16575 (a) Except as stated in subdivision (c), the following provisions are continuations of provisions that were included in former Article 4 (commencing with…
    • § 16580 (a) Except as stated in subdivision (c), the following provisions are continuations of provisions that were included in former Chapter 1 (commencing with…
    • § 16585 (a) Except as stated in subdivision (d), the following provisions are continuations of provisions that were included in former Section 12078, as that section…
    • § 16590 As used in this part, “generally prohibited weapon” means any of the following: (a) An air gauge knife, as prohibited by Section 20310. (b) Ammunition that…
    • § 16600 As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, “great bodily injury” means a significant or substantial physical injury.
    • § 16610 As used in this part, “gun safe” means a locking container that fully contains and secures one or more firearms, and that meets the standards for gun safes…
    • § 16620 As used in this part, “Gun Show Trader” means a person described in Section 26525.
    • § 16630 As used in this part, “gunsmith” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United…
    • § 16640 (a) As used in this part, “handgun” means any pistol, revolver, or firearm capable of being concealed upon the person. (b) Nothing shall prevent a device…
    • § 16650 (a) As used in this part, “handgun ammunition” means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon…
    • § 16660 As used in this part, “handgun ammunition designed primarily to penetrate metal or armor” means any ammunition, except a shotgun shell or ammunition primarily…
    • § 16670 As used in this part, “handgun safety certificate” means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or…
    • § 16680 As used in this part, “hard wooden knuckles” means any device or instrument made wholly or partially of wood or paper products that is not metal knuckles, that…
    • § 16685 As used in this part, a valid and unexpired “hunting license” means a hunting license issued by the Department of Fish and Wildlife pursuant to Article 2…
    • § 16690 (a) As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, Article 3 (commencing with Section…
    • § 16700 (a) (1) As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in…
    • § 16720 As used in this part, “immediate family member” means either of the following relationships: (a) Parent and child. (b) Grandparent and grandchild.
    • § 16730 (a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means both of the following are true: (1) The person…
    • § 16740 As used in this part, “large-capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed…
    • § 16745 As used in Sections 25105, 25135, and 25145, “authorized user” means an individual who is not prohibited by state or federal law from possessing, receiving,…
    • § 16750 (a) As used in Section 25400, “lawful possession of the firearm” means that the person who has possession or custody of the firearm either lawfully owns the…
    • § 16760 As used in this part, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead.
    • § 16770 As used in this part, “less lethal ammunition” means any ammunition that satisfies both of the following requirements: (a) It is designed to be used in any…
    • § 16780 As used in this part: (a) “Less lethal weapon” means any device that is designed to or that has been converted to expel or propel less lethal ammunition by any…
    • § 16790 As used in Article 5 (commencing with Section 30900) and Article 7 (commencing with Section 31050) of Chapter 2 of Division 10 of Title 4, “licensed gun…
    • § 16800 As used in this part, “licensed gun show producer” means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to…
    • § 16810 As used in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, “licensed premises,”…
    • § 16820 (a) For purposes of the provisions listed in Section 16580, use of the term “licensee” is governed by Section 26700. (b) For purposes of Chapter 2 (commencing…
    • § 16822 Use of the term “licensee’s business premises” is governed by Section 16810.
    • § 16824 Use of the term “licensee’s place of business” is governed by Section 16810.
    • § 16830 As used in this part, a “lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case.
    • § 16840 (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from…
    • § 16850 As used in this part, “locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking…
    • § 16860 As used in Sections 16850, 25105, and 25205, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied to the…
    • § 16865 As used in Section 26860, “long gun” means any firearm that is not a handgun or a machinegun.
    • § 16870 As used in this part, “long-gun safe” means a locking container designed to fully contain and secure a rifle or shotgun, which has a locking system consisting…
    • § 16880 (a) As used in this part, “machinegun” means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one…
    • § 16885 (a) As used in this part, “machinegun-convertible pistol” means any semiautomatic pistol with a cruciform trigger bar that can be readily converted by hand or…
    • § 16890 As used in Section 30515, “magazine” means any ammunition feeding device.
    • § 16900 As used in this part, “magazine disconnect mechanism” means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to…
    • § 16920 As used in this part, “metal knuckles” means any device or instrument made wholly or partially of metal that is worn for purposes of offense or defense in or…
    • § 16930 (a) As used in this part, a “multiburst trigger activator” means either of the following: (1) A device designed or redesigned to be attached to, built into, or…
    • § 16940 As used in this part, “nunchaku” means an instrument consisting of two or more sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord,…
    • § 16950 As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed to be carried openly or exposed if the handgun is not…
    • § 16960 As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the…
    • § 16965 As used in this part, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers, including any…
    • § 16970 (a) As used in Sections 16790, 17505, and 30600, “person” means an individual, partnership, corporation, limited liability company, association, or any other…
    • § 16980 Use of the term “person licensed pursuant to Sections 26700 to 26915, inclusive” is governed by Section 26700.
    • § 16990 As used in any provision listed in subdivision (a) of Section 16585, the phrase “a person taking title or possession of a firearm by operation of law”…
    • § 17000 (a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and,…
    • § 17010 Use of the term “pistol” is governed by Section 16530.
    • § 17015 “Pistol converter” means any device or instrument that when installed in or attached to the rear of the slide of a semiautomatic pistol, replaces the…
    • § 17020 For purposes of this part, a city or county may be considered an applicant’s “principal place of employment or business” only if the applicant is physically…
    • § 17030 As used in this part, “prohibited area” means any place where it is unlawful to discharge a weapon.
    • § 17040 As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, “public place” has the same meaning as in Section 25850.
    • § 17060 (a) (1) As used in Sections 25135 and 25145, “residence” means a structure intended or used for human habitation, including, but not limited to, houses,…
    • § 17070 As used in this part, “responsible adult” means a person at least 21 years of age who is not prohibited by state or federal law from possessing, receiving,…
    • § 17080 Use of the term “revolver” is governed by Section 16530.
    • § 17090 As used in Sections 16530, 16640, 16650, 16660, 16870, and 17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision (f) of Section 27555
    • § 17110 As used in Section 26890, “secure facility” means a building that meets all of the following specifications: (a) All perimeter doorways shall meet one of the…
    • § 17111 For purposes of Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, use of the term “secure facility” is governed by Sections 29141 and 29142.
    • § 17125 As used in this part, “Security Exemplar” has the same meaning as in Section 922 of Title 18 of the United States Code.
    • § 17140 As used in Sections 16900 and 31910, “semiautomatic pistol” means a pistol with an operating mode that uses the energy of the explosive in a fixed cartridge to…
    • § 17160 As used in this part, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it, which may be exposed by a flip of the…
    • § 17170 As used in this part, “short-barreled rifle” means any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle…
    • § 17180 As used in this part, “short-barreled shotgun” means any of the following: (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a…
    • § 17190 As used in Sections 16530, 16640, 16870, and 17180, Sections 17720 to 17730, inclusive, Section 17740, Section 30215, and Article 1 (commencing with Section…
    • § 17200 As used in this part, a “shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more…
    • § 17210 As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, “silencer” means any device or attachment of any kind designed, used, or…
    • § 17220 Use of the term “SKS rifle” is governed by Section 30710.
    • § 17230 As used in this part, “stun gun” means any item, except a less lethal weapon, used or intended to be used as either an offensive or defensive weapon that is…
    • § 17235 As used in this part, “switchblade knife” means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity…
    • § 17240 (a) As used in this part, “tear gas” applies to and includes any liquid, gaseous or solid substance intended to produce temporary physical discomfort or…
    • § 17250 As used in this part, “tear gas weapon” applies to and includes: (a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge…
    • § 17270 As used in this part, an “unconventional pistol” means a firearm with both of the following characteristics: (a) It does not have a rifled bore. (b) It has a…
    • § 17280 As used in this part, “undetectable firearm” means any weapon that meets either of the following requirements: (a) After removal of grips, stocks, and…
    • § 17290 As used in this part, “undetectable knife” means any knife or other instrument, with or without a handguard, that satisfies all of the following requirements:…
    • § 17295 (a) For purposes of Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed “unloaded” if it is not “loaded” within the…
    • § 17300 Use of the phrase “unsafe handgun” is governed by Section 31910.
    • § 17310 As used in this part, “used firearm” means a firearm that has been sold previously at retail and is more than three years old.
    • § 17312 “Valid state or federal serial number or mark of identification” means either of the following: (a) A serial number that has been imprinted by a federal…
    • § 17315 As used in Articles 2 through 5 of Chapter 1 of Division 10 of Title 4, “vendor” means an ammunition vendor.
    • § 17320 For purposes of Section 31360 only, “violent felony” refers to the specific crimes listed in subdivision (c) of Section 667.5, and to crimes defined under the…
    • § 17330 As used in this part, “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket…
    • § 17340 (a) As used in this part, “wholesaler” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the…
    • § 17350 As used in this part, “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is…
    • § 17360 As used in this part, “zip gun” means any weapon or device that meets all of the following criteria: (a) It was not imported as a firearm by an importer…