California Penal Code 31730 – Subdivision (a) of Section 31615 does not apply to the sale, …
Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by an authorized law enforcement representative of a city, county, city and county, or state, or of the federal government, to any public or private nonprofit historical society, museum, or institutional collection, or the purchase or receipt of that firearm by that public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
Terms Used In California Penal Code 31730
- county: includes "city and county". See California Penal Code 7
- 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
- person: includes a corporation as well as a natural person. See California Penal Code 7
- 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
- will: includes codicil. See California Penal Code 7
(b) The firearm prior to delivery is deactivated or rendered inoperable.
(c) The firearm is not subject to any of the following:
(1) Sections 18000 and 18005.
(2) Division 4 (commencing with Section 18250) of Title 2.
(3) Section 34000.
(4) Sections 34005 and 34010.
(d) The firearm is not prohibited by other provisions of law from being sold, delivered, or transferred to the public at large.
(e) Prior to delivery, the entity receiving the firearm submits a written statement to the law enforcement representative stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, Section 31615.
(f) Within 10 days of the date that the firearm is sold, loaned, delivered, or transferred to that entity, all of the following information shall be reported to the department in a manner prescribed by the department:
(1) The name of the government entity delivering the firearm.
(2) The make, model, serial number, and other identifying characteristics of the firearm.
(3) The name of the person authorized by the entity to take possession of the firearm.
(g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)