California Business and Professions Code 22949.63 – (a) Notwithstanding Section 22949.62, any licensed firearms …
(a) Notwithstanding Section 22949.62, any licensed firearms dealer may take possession of any assault weapon or .50 BMG rifle from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code, or of any firearm precursor part, for the purposes of servicing or repair.
(b) Notwithstanding Section 22949.62, any licensed firearms dealer may transfer possession of any assault weapon, .50 BMG rifle, or firearm precursor part received pursuant to subdivision (a), to a gunsmith for purposes of repairing or servicing that weapon. A transfer is permissible only to the following persons:
Terms Used In California Business and Professions Code 22949.63
- City: includes city and county. See California Business and Professions Code 18
- County: includes city and county. See California Business and Professions Code 17
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(1) A gunsmith employed the dealer.
(2) A gunsmith with whom the dealer has contracted for gunsmithing services.
(c) Paragraph (2) of subdivision (b) applies only if the gunsmith receiving the assault weapon, .50 BMG rifle, or firearm precursor part meets both of the following qualifications:
(1) The gunsmith holds a dealer license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2) The gunsmith holds any business license required by a state or local governmental entity.
(d) In addition to the uses permitted in Chapter 1.5 (commencing with Section 30400) of, and Article 5 (commencing with Section 30900) of Chapter 2 of, Division 10 of Title 4 of Part 6 of the Penal Code, any licensed gun dealer who lawfully possesses an assault weapon, .50 BMG rifle, or firearm precursor part pursuant to those provisions may do either of the following:
(1) Transport the firearm or firearm precursor part between dealers or out of the state if that person is permitted pursuant to the National Firearms Act. Any transporting allowed by this section or Section 22949.62 shall be in compliance with Sections 16850 and 25610 of the Penal Code.
(2) Sell the firearm or firearm precursor part to a resident outside the state.
(e) Notwithstanding Section 22949.62, any individual may, provided that the assault weapon or .50 BMG rifle is transported in compliance with Sections 16850 and 25610 of the Penal Code, do any of the following:
(1) Arrange in advance to relinquish an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to a police or sheriff’s department.
(2) Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to an authorized representative of a city, city and county, county, or state government, or of the federal government, provided that the entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals.
(3) Transfer, relinquish, or dispose of a firearm or precursor part in compliance with the requirements of Section 29810 or § 29830 of the Penal Code.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)