Cal. Pen. Code § 29182

Current through the 2024 Legislative Session.
Section 29182 - Applications
(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:
(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.

Ca. Pen. Code § 29182

Amended by Stats 2022 ch 76 (AB 1621),s 24, eff. 6/30/2022.
Amended by Stats 2018 ch 894 (SB 1100),s 2.5, eff. 1/1/2019.
Amended by Stats 2018 ch 780 (SB 746),s 5, eff. 1/1/2019.
Amended by Stats 2017 ch 561 (AB 1516),s 202, eff. 1/1/2018.
Added by Stats 2016 ch 60 (AB 857),s 4, eff. 1/1/2017.