California Penal Code 29182 – (a) The Department of Justice may accept applications from, and …
(a) The Department of Justice may accept applications from, and may grant applications in the form of serial numbers pursuant to Sections 23910 and 29180 to, persons who wish to own a firearm or firearm precursor part that does not have a valid state or federal serial number or mark of identification.
(b) An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
Terms Used In California Penal Code 29182
- Arrest: Taking physical custody of a person by lawful authority.
- firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:
California Penal Code 16520
- firearm safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16535
- handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
- machinegun: means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. See California Penal Code 16880
- person: includes a corporation as well as a natural person. See California Penal Code 7
- safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
- short-barreled rifle: means any of the following:
California Penal Code 17170
- short-barreled shotgun: means any of the following:
California Penal Code 17180
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
- unconventional pistol: means a firearm with both of the following characteristics:
California Penal Code 17270
- unsafe handgun: means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:
California Penal Code 31910
(1) For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) Presents proof of age and identity as specified in Section 16400 demonstrating that person is 21 years of age or older.
(3) Provides a description of the firearm that the applicant owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4) Has a valid firearm safety certificate.
(c) The department shall inform applicants who are denied an application of the reasons for the denial in writing. The reason for denial may include, without limitation, any of the following:
(1) Based on a firearm eligibility check conducted pursuant to Section 28220, the department has determined that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) Based on a firearm eligibility check conducted pursuant to Section 28220, the department is unable to ascertain the disposition of an arrest or criminal charge, is unable to ascertain the outcome of a mental health evaluation or treatment, or otherwise is unable to conclusively determine that the applicant is not ineligible.
(3) The applicant’s description of the firearm that the applicant owns or intends to manufacture or assemble indicates that the firearm would be considered any of the following:
(A) An unsafe handgun.
(B) An assault weapon, as defined in Section 30510 or 30515.
(C) A machinegun.
(D) A .50 BMG rifle.
(E) A destructive device, as defined in Section 16460.
(F) A short-barreled rifle or short-barreled shotgun.
(G) An unconventional pistol.
(H) Any other firearm prohibited by this part.
(d) (1) All applications received on or after January 1, 2024, shall be granted or denied within 90 calendar days after the receipt of the application by the department.
(2) Any application received before January 1, 2024, may be granted or denied within a period of time prescribed by the department.
(e) (1) This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2) This chapter does not authorize a person to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f) The department shall adopt regulations to administer this chapter.
(Amended by Stats. 2022, Ch. 76, Sec. 24. (AB 1621) Effective June 30, 2022.)