Cal. Pen. Code § 16990

Current through the 2023 Legislative Session.
Section 16990 - "A person taking title or possession of a firearm by operation of law" defined

As used in any provision listed in subdivision (a) of Section 16585, the phrase "a person taking title or possession of a firearm by operation of law" includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:

(a) The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b) A secured creditor or an agent or employee of a secured creditor when the 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 consisting of a firearm pursuant to Section 850 of the Family Code.
(h) A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(i) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(j) 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.
(k) The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(l) A firearm passed to a decedent's successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code.
(m) 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.
(n) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code.
(o) A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure.
(p) The trustee of a trust that includes a firearm that is under court supervision.
(q) The trustee of a trust that is not referenced in subdivisions (k) or (p).
(r) A special administrator appointed by a court pursuant to Section 8540 of the Probate Code.
(s) A guardian appointed by a court pursuant to Section 1500 of the Probate Code.

Ca. Pen. Code § 16990

Amended by Stats 2019 ch 110 (AB 1292),s 2, eff. 1/1/2020.
Added by Stats 2010 ch 711 (SB 1080),s 6, eff. 1/1/2011, op. 1/1/2012.