ARTICLE 3. REGISTRATION AND PERMITS
(a)
(1) Any person who lawfully
possesses an assault weapon, as defined in Section
Penal Code 12276, prior to June 1, 1989, shall register the firearm
by January 1, 1991, and any person who lawfully
possessed an assault weapon prior to the date it was
specified as an assault weapon pursuant to Section
Penal Code 12276.5 shall register the firearm within 90 days, with
the Department of Justice pursuant to those procedures
that the department may establish. Except as provided
in subdivision (a) of Section Penal Code 12280, any person who
lawfully possessed an assault weapon prior to the date it
was defined as an assault weapon pursuant to Section
Penal Code 12276.1, and which was not specified as an assault
weapon under Section Penal Code 12276 or Penal Code 12276.5, shall register
the firearm within one year of the effective date of
Section Penal Code 12276.1, with the department pursuant to those
procedures that the department may establish. The
registration shall contain a description of the firearm
that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and
thumbprint of the owner, and any other information that
the department may deem appropriate. The department
may charge a fee for registration of up to twenty dollars
($20) per person but not to exceed the actual processing
costs of the department. After the department
establishes fees sufficient to reimburse the department
for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual
cost-of-living adjustment for the department's budget or
as otherwise increased through the Budget Act. The
fees shall be deposited into the Dealers' Record of Sale
Special Account.
(2) Except as provided in subdivision (a) of
Section 12280, any person who lawfully possesses any
.50 BMG rifle prior to January 1, 2005, that is not
specified as an assault weapon under Section Penal Code 12276 or
Penal Code 12276.5 or defined as an assault weapon pursuant to
Section Penal Code 12276.1, shall register the .50 BMG rifle with
the department no later than April 30, 2006, pursuant to
those procedures that the department may establish.
The registration shall contain a description of the
firearm that identifies it uniquely, including all
identification marks, the full name, address, date of
birth, and thumbprint of the owner, and any other
information that the department may deem appropriate.
The department may charge a fee for registration of
twenty-five dollars ($25) per person to cover the actual
processing and public education campaign costs of the
department. The fees shall be deposited into the
Dealers' Record of Sale Special Account.
Data-processing costs associated with modifying the
department's data system to accommodate .50 caliber
BMG rifles shall not be paid from the Dealers Record
of Sale Special Account.
(b)
(1) Except as provided in paragraph (2), no
assault weapon possessed pursuant to this section may
be sold or transferred on or after January 1, 1990, to
anyone within this state other than to a licensed gun
dealer, as defined in subdivision (c) of Section Penal Code 12290,
or as provided in Section 12288. Any person who (A)
obtains title to an assault weapon registered under this
section or that was possessed pursuant to paragraph (1)
of subdivision (f) of Section Penal Code 12280 by bequest or
intestate succession, or (B) lawfully possessed a firearm
subsequently declared to be an assault weapon pursuant
to Section Penal Code 12276.5, or subsequently defined as an
assault weapon pursuant to Section Penal Code 12276.1, shall,
within 90 days, render the weapon permanently
inoperable, sell the weapon to a licensed gun dealer,
obtain a permit from the Department of Justice in the
same manner as specified in Article 3 (commencing
with Section Penal Code 12230) of Chapter 2, or remove the
weapon from this state. A person who lawfully
possessed a firearm that was subsequently declared to be
an assault weapon pursuant to Section 12276.5 may
alternatively register the firearm within 90 days of the
declaration issued pursuant to subdivision (f) of Section
12276.5.
(2) A person moving into this state, otherwise in
lawful possession of an assault weapon, shall do one of
the following:
(A) Prior to bringing the assault weapon into
this state, that person shall first obtain a permit from the
Department of Justice in the same manner as specified
in Article 3 (commencing with Section Penal Code 12230) of
Chapter 2.
(B) The person shall cause the assault weapon
to be delivered to a licensed gun dealer, as defined in
subdivision (c) of Section Penal Code 12290, in this state in
accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the
regulations issued pursuant thereto. If the person
obtains a permit from the Department of Justice in the
same manner as specified in Article 3 (commencing
with Section Penal Code 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the
licensed gun dealer, as defined in subdivision (c) of
Section Penal Code 12290, is prohibited from delivering the assault
weapon to a person pursuant to this paragraph, the
dealer shall possess or dispose of the assault weapon as
allowed by this chapter.
(3) Except as provided in paragraph (4), no .50
BMG rifle possessed pursuant to this section may be
sold or transferred on or after January 1, 2005, to
anyone within this state other than to a licensed gun
dealer, as defined in subdivision (c) of Section Penal Code 12290,
or as provided in Section Penal Code 12288. Any person who
obtains title to a . 50 BMG rifle registered under this
section or that was possessed pursuant to paragraph (1)
of subdivision (f) of Section Penal Code 12280 by bequest or
intestate succession shall, within 180 days of receipt,
render the weapon permanently inoperable, sell the
weapon to a licensed gun dealer, obtain a permit from
the Department of Justice in the same manner as
specified in Article 3 (commencing with Section Penal Code 12230)
of Chapter 2, or remove the weapon from this state.
(4) A person moving into this state, otherwise in
lawful possession of a .50 BMG rifle, shall do one of the
following:
(A) Prior to bringing the .50 BMG rifle into this
state, that person shall first obtain a permit from the
Department of Justice in the same manner as specified
in Article 3 (commencing with Section Penal Code 12230) of
Chapter 2.
(B) The person shall cause the .50 BMG rifle to
be delivered to a licensed gun dealer, as defined in
subdivision (c) of Section Penal Code 12290 in this state in
accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the
regulations issued pursuant thereto. If the person
obtains a permit from the Department of Justice in the
same manner as specified in Article 3 (commencing
with Section Penal Code 12230) of Chapter 2, the dealer shall
redeliver that .50 BMG rifle to the person. If the
licensed gun dealer, as defined in subdivision (c) of
Section Penal Code 12290 is prohibited from delivering the .50
caliber BMG rifle to a person pursuant to this
paragraph, the dealer shall dispose of the .50 BMG rifle
as allowed by this chapter.
(c) A person who has registered an assault
weapon or registered a .50 BMG rifle under this section
may possess it only under any of the following
conditions unless a permit allowing additional uses is
first obtained under Section
Penal Code 12286:
(1) At that person's residence, place of
business, or other property owned by that person, or on
property owned by another with the owner's express
permission.
(2) While on the premises of a target range of a
public or private club or organization organized for the
purpose of practicing shooting at targets.
(3) While on a target range that holds a
regulatory or business license for the purpose of
practicing shooting at that target range.
(4) While on the premises of a shooting club
which is licensed pursuant to the Fish and Game Code.
(5) While attending any exhibition, display, or
educational project which is about firearms and which
is sponsored by, conducted under the auspices of, or
approved by a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(6) While on publicly owned land if the
possession and use of a firearm described in Section
Penal Code 12276, Penal Code 12276.1, or Penal Code 12278, is specifically permitted by
the managing agency of the land.
(7) While transporting the assault weapon or
.50 BMG rifle between any of the places mentioned in
this subdivision, or to any licensed gun dealer, as
defined in subdivision (c) of Section Penal Code 12290, for
servicing or repair pursuant to subdivision (b) of
Section Penal Code 12290, if the assault weapon is transported as
required by Section Penal Code 12026.1.
(d) No person who is under the age of 18 years,
no person who is prohibited from possessing a firearm
by Section
Penal Code 12021 or
Penal Code 12021.1, and no person described
in Section 8100 or 8103 of the Welfare and Institutions
Code may register or possess an assault weapon or .50
BMG rifle.
(e) The department's registration procedures
shall provide the option of joint registration for assault
weapons or .50 BMG rifle owned by family members
residing in the same household.
(f) For 90 days following January 1, 1992, a
forgiveness period shall exist to allow persons specified
in subdivision (b) of Section
Penal Code 12280 to register with the
Department of Justice assault weapons that they
lawfully possessed prior to June 1, 1989.
(g)
(1) Any person who registered a firearm as
an assault weapon pursuant to the provisions of law in
effect prior to January 1, 2000, where the assault
weapon is thereafter defined as an assault weapon
pursuant to Section Penal Code 12276.1, shall be deemed to have
registered the weapon for purposes of this chapter and
shall not be required to reregister the weapon pursuant
to this section.
(2) Any person who legally registered a firearm
as an assault weapon pursuant to the provisions of law
in effect prior to January 1, 2005, where the assault
weapon is thereafter defined as a .50 caliber BMG rifle
pursuant to Section Penal Code 12278, shall be deemed to have
registered the weapon for purposes of this chapter and
shall not be required to reregister the weapon pursuant
to this section.
(h) Any person who registers his or her assault
weapon during the 90-day forgiveness period described
in subdivision (f), and any person whose registration
form was received by the Department of Justice after
January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period,
shall not be charged with a violation of subdivision (b)
of Section
Penal Code 12280, if law enforcement becomes aware of
that violation only as a result of the registration of the
assault weapon. This subdivision shall have no effect
upon persons charged with a violation of subdivision (b)
of Section
Penal Code 12280 of the Penal Code prior to January 1,
1992, provided that law enforcement was aware of the
violation before the weapon was registered.
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Raymond Lutz - 09 May 2008