California Penal Code 16960 – As used in Article 1 (commencing with Section 26500) of Chapter 1 of …
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 following:
(a) The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
Terms Used In California Penal Code 16960
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Executor: A male person named in a will to carry out the decedent
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- property: includes both real and personal property. See California Penal Code 7
- Trustee: A person or institution holding and administering property in trust.
- will: includes codicil. See California Penal Code 7
(b) A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to § 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to § 50081 of the Government Code.
(i) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(j) The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(k) A person acting pursuant to the person’s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code.
(l) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code.
(m) A guardian ad litem appointed by a court pursuant to § 372 of the Code of Civil Procedure.
(n) The trustee of a trust that includes a firearm that is under court supervision.
(o) A special administrator appointed by a court pursuant to § 8540 of the Probate Code.
(p) A guardian appointed by a court pursuant to § 1500 of the Probate Code.
(Amended by Stats. 2019, Ch. 110, Sec. 1. (AB 1292) Effective January 1, 2020.)