BlackletterCalifornia law

TITLE 2. WEAPONS GENERALLY [17500. - 19405.]

Title 2 added by Stats. 2010, Ch. 711, Sec. 6.

§§ 17500–19405 · 89 sections

  1. DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY §§ 17500–17515 · 5 sections
    • § 17500 Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.
    • § 17505 It shall be unlawful for any person, as defined in Section 16970, to advertise the sale of any weapon or device, the possession of which is prohibited by…
    • § 17510 (a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted…
    • § 17512 It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, to…
    • § 17515 Nothing in any provision listed in Section 16580 prohibits a police officer, special police officer, peace officer, or law enforcement officer from carrying…
  2. DIVISION 2. GENERALLY PROHIBITED WEAPONS §§ 17700–17800 · 11 sections
    1. CHAPTER 1. Exemptions §§ 17700–17745 · 10 sections
      • § 17700 The provisions listed in Section 16590 do not apply to any antique firearm.
      • § 17705 (a) The provisions listed in Section 16590 do not apply to any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the…
      • § 17710 (a) The provisions listed in Section 16590 do not apply to “any other weapon” as defined in subsection (e) of Section 5845 of Title 26 of the United States…
      • § 17715 The provisions listed in Section 16590 do not apply to any instrument or device that is possessed by a federal, state, or local historical society, museum, or…
      • § 17720 The provisions listed in Section 16590 do not apply to any instrument or device, other than a short-barreled rifle or a short-barreled shotgun, which is…
      • § 17725 The provisions listed in Section 16590 do not apply to any instrument or device, other than a short-barreled rifle or a short-barreled shotgun, which is sold…
      • § 17730 The provisions listed in Section 16590 do not apply to any of the following: (a) The sale to, possession of, or purchase of any weapon, device, or ammunition,…
      • § 17735 The provisions listed in Section 16590 do not apply to any instrument, ammunition, weapon, or device that is not a firearm and is found and possessed by a…
      • § 17740 The provisions listed in Section 16590 do not apply to any firearm, other than a short-barreled rifle or short-barreled shotgun, which is found and possessed…
      • § 17745 The provisions listed in Section 16590 do not apply to the possession of any weapon, device, or ammunition by a forensic laboratory or by any authorized agent…
    2. CHAPTER 2. Miscellaneous Provisions § 17800 · 1 section
      • § 17800 For purposes of the provisions listed in Section 16590, a violation as to each firearm, weapon, or device enumerated in any of those provisions shall…
  3. DIVISION 3. SURRENDER, DISPOSAL, AND ENJOINING OF WEAPONS CONSTITUTING A NUISANCE §§ 18000–18010 · 3 sections
    • § 18000 (a) Any weapon described in Section 19190, 21390, 21590, 25700, 26110, or 26395, or, upon conviction of the defendant or upon a juvenile court finding that an…
    • § 18005 (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of…
    • § 18010 (a) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of,…
  4. DIVISION 3.2. Gun Violence Restraining Orders §§ 18100–18225 · 35 sections
    1. CHAPTER 1. General §§ 18100–18123 · 12 sections
      • § 18100 (a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody…
      • § 18105 The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to…
      • § 18107 A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the…
      • § 18108 (a) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and…
      • § 18109 (a) This division does not require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but…
      • § 18110 Prior to a hearing on the issuance, renewal, or termination of an order under Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section…
      • § 18115 (a) The court shall notify the Department of Justice when a gun violence restraining order has been issued or renewed under this division no later than one…
      • § 18120 (a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase,…
      • § 18120.5 (a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that…
      • § 18121 There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining…
      • § 18122 (a) (1) A court or court facility that receives petitions for any restraining order under this division or temporary gun violence restraining orders consistent…
      • § 18123 A party or witness may appear remotely at the hearing on a petition for a gun violence restraining order. The superior court of each county shall develop local…
    2. CHAPTER 2. Temporary Emergency Gun Violence Restraining Order §§ 18125–18148 · 6 sections
      • § 18125 (a) A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer…
      • § 18130 A temporary emergency gun violence restraining order is valid only if it is issued by a judicial officer after making the findings required by Section 18125…
      • § 18135 (a) A temporary emergency gun violence restraining order issued under this chapter shall include all of the following: (1) A statement of the grounds…
      • § 18140 A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following: (a) If the request is made orally,…
      • § 18145 (a) (1) A judicial officer may issue a temporary emergency gun violence restraining order orally based on the statements of a law enforcement officer made in…
      • § 18148 Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section…
    3. CHAPTER 3. Ex Parte Gun Violence Restraining Order §§ 18150–18165 · 4 sections
      • § 18150 (a) (1) Any of the following individuals may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject…
      • § 18155 (a) (1) The court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce.…
      • § 18160 (a) An ex parte gun violence restraining order issued under this chapter shall include all of the following: (1) A statement of the grounds supporting the…
      • § 18165 Within 21 days after the date on the order, before the court that issued the order or another court in the same jurisdiction, the court shall hold a hearing…
    4. CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing §§ 18170–18197 · 7 sections
      • § 18170 (a) (1) Any of the following individuals may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of…
      • § 18175 (a) In determining whether to issue a gun violence restraining order under this chapter, the court shall consider evidence of the facts identified in paragraph…
      • § 18180 (a) A gun violence restraining order issued pursuant to this chapter shall include all of the following: (1) A statement of the grounds supporting the issuance…
      • § 18185 (a) A person subject to a gun violence restraining order issued under this chapter may submit one written request per year during the effective period of the…
      • § 18190 (a) (1) Any of the following people may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a…
      • § 18195 Any hearing held pursuant to this chapter may be continued upon a showing of good cause. Any existing order issued pursuant to this division shall remain in…
      • § 18197 (a) If a person subject to a gun violence restraining order issued or renewed pursuant to this chapter was not present in court at the time the order was…
    5. CHAPTER 5. Offenses §§ 18200–18205 · 2 sections
      • § 18200 Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence…
      • § 18205 (a) Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence…
    6. CHAPTER 6. Gun Violence Restraining Order Pilot Project §§ 18210–18225 · 4 sections
      • § 18210 The Legislature finds and declares that it is the intent of this chapter that, in the counties described in this chapter, the district attorney, any assistant…
      • § 18215 (a) The following counties may establish, until January 1, 2032, a pilot program to authorize a district attorney to file a petition for a gun violence…
      • § 18220 (a) The district attorney of a county that establishes a pilot program pursuant to this chapter shall, commencing April 1, 2027, annually submit data regarding…
      • § 18225 This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute that is enacted before January…
  5. DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE §§ 18250–18500 · 12 sections
    1. CHAPTER 1. Seizure and Subsequent Procedures §§ 18250–18275 · 6 sections
      • § 18250 (a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a…
      • § 18255 (a) Upon taking custody of a firearm or other deadly weapon pursuant to this division, the officer shall give the owner or person who possessed the firearm or…
      • § 18260 Any peace officer, as defined in subdivisions (a) and (b) of Section 830.32, who takes custody of a firearm or other deadly weapon pursuant to this division,…
      • § 18265 (a) No firearm or other deadly weapon taken into custody pursuant to this division shall be held less than 48 hours. (b) Except as provided in Section 18400,…
      • § 18270 If a firearm or other deadly weapon has been stolen and has been taken into custody pursuant to this division, it shall be restored to the lawful owner upon…
      • § 18275 (a) Any firearm or other deadly weapon that has been taken into custody and held by any of the following law enforcement authorities for longer than 12 months,…
    2. CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger §§ 18400–18420 · 5 sections
      • § 18400 (a) When a law enforcement agency has reasonable cause to believe that the return of a firearm or other deadly weapon seized under this division would be…
      • § 18405 (a) If a petition is filed under Section 18400, the law enforcement agency shall inform the owner or person who had lawful possession of the firearm or other…
      • § 18410 (a) If the person who receives a petition under Section 18405 requests a hearing, the court clerk shall set a hearing no later than 30 days from receipt of…
      • § 18415 If the person who receives a petition under Section 18405 does not request a hearing or does not otherwise respond within 30 days of the receipt of the notice,…
      • § 18420 (a) If, at a hearing under Section 18410, the court does not order the return of the firearm or other deadly weapon to the owner or person who had lawful…
    3. CHAPTER 3. Liability § 18500 · 1 section
      • § 18500 The law enforcement agency, or the individual law enforcement officer, shall not be liable for any act in the good faith exercise of this division.
  6. DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS §§ 18710–19290 · 21 sections
    1. CHAPTER 1. Destructive Devices and Explosives Generally §§ 18710–19000 · 16 sections
      1. ARTICLE 1. Prohibited Acts §§ 18710–18780 · 11 sections
        • § 18710 (a) Except as provided by this chapter, any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition…
        • § 18715 (a) Every person who recklessly or maliciously has in possession any destructive device or any explosive in any of the following places is guilty of a felony:…
        • § 18720 Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any…
        • § 18725 Every person who willfully does any of the following is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for…
        • § 18730 Except as provided by this chapter, any person, firm, or corporation who, within this state, sells, offers for sale, or knowingly transports any destructive…
        • § 18735 (a) Except as provided by this chapter, any person, firm, or corporation who, within this state, sells, offers for sale, possesses or knowingly transports any…
        • § 18740 Every person who possesses, explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to injure, intimidate, or…
        • § 18745 Every person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to commit murder is guilty of a…
        • § 18750 Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes bodily injury to any person is guilty of a…
        • § 18755 (a) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes the death of any person is guilty of a…
        • § 18780 A person convicted of a violation of this chapter shall not be granted probation, and the execution of the sentence imposed upon that person shall not be…
      2. ARTICLE 2. Exemptions § 18800 · 1 section
        • § 18800 (a) Nothing in this chapter prohibits the sale to, purchase by, or possession, transportation, storage, or use of, a destructive device or explosive by any of…
      3. ARTICLE 3. Permit and Inspection §§ 18900–18910 · 3 sections
        • § 18900 (a) Every dealer, manufacturer, importer, and exporter of any destructive device, or any motion picture or television studio using destructive devices in the…
        • § 18905 (a) Each applicant for a permit under this article shall pay at the time of filing the application a fee not to exceed the application processing costs of the…
        • § 18910 (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued under this…
      4. ARTICLE 4. Destructive Device Constituting Nuisance § 19000 · 1 section
        • § 19000 (a) Possession of any destructive device in violation of this chapter is a public nuisance. (b) The Attorney General or district attorney of any city, county,…
    2. CHAPTER 2. Explosive Substance Other Than Fixed Ammunition §§ 19100–19190 · 2 sections
      • § 19100 Except as provided in Chapter 1 (commencing with Section 17700) of Division 2, any person in this state who carries concealed upon the person any explosive…
      • § 19190 The unlawful concealed carrying upon the person of any explosive substance other than fixed ammunition, as provided in Section 19100, is a nuisance and is…
    3. CHAPTER 3. Handgrenades §§ 19200–19290 · 3 sections
      • § 19200 (a) Except as provided in Section 19205 and Chapter 1 (commencing with Section 17700) of Division 2, any person in this state who manufactures or causes to be…
      • § 19205 Section 19200 does not apply to any plastic toy handgrenade, or any metal military practice handgrenade or metal replica handgrenade that is a relic, curio,…
      • § 19290 Except as provided in Section 19205 and in Chapter 1 (commencing with Section 17700) of Division 2, any metal military practice handgrenade or metal replica…
  7. DIVISION 6. LESS LETHAL WEAPONS §§ 19400–19405 · 2 sections
    • § 19400 A person who is a peace officer or a custodial officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, may, if authorized by and…
    • § 19405 Any person who sells a less lethal weapon to a person under the age of 18 years is guilty of a misdemeanor, punishable by imprisonment in the county jail for…