Clear Citations for "Safe Handgun" importation/transfer exemptions?

[Hopi]

Can somebody help me out with some PC cites for the following exemptions:
-LEO
-Inter familiar
-Single Shot


I'm trying to put together an easy to follow guide for some local gun shops...


Thanks!

[chiefcrash]

Can somebody help me out with some PC cites for the following exemptions:
-LEO
-Inter familiar
-Single Shot


I'm trying to put together an easy to follow guide for some local gun shops...


Thanks!

this should get you started: http://ag.ca.gov/firearms/dwcl/12125.php


12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. (b) This section shall not apply to any of the following: (1) The manufacture in this state, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 12130 to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person is prohibited by this chapter, and, if not, allowing the department to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this state pursuant to Section 12131. (2) The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person by employees or authorized agents determining whether the weapon is prohibited by this section. (3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (4) The sale or purchase of any pistol, revolver or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

[ke6guj]

Here's the single-shot/single-action revolver exemption
12133. (a) The provisions of this chapter shall not apply to a single-action revolver that has at least a 5-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least 7 1/2 inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least 7 1/2 inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.
(b) The provisions of this chapter shall not apply to a single-shot pistol with a barrel length of not less than six inches and that has an overall length of at least 10 1/2 inches when the handle, frame or receiver, and barrel are assembled.

[ke6guj]

Intrafamily exemption

12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 12125.

(a) crosslinks to.
12072(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082. Which is the PPT exemption to the Roster.



(b) crosslinks to
12078(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.Which is where intrafamily transfers are exempted from the Roster.

[Hopi]

Jack, I love ya man! :D

Thanks to Chiefcrash also!!

[ke6guj]

That reminds me regarding the pain it was to track that down, I wonder what the status is of the project that is supposed to clean up all that code. IIRC, TMLLP is involved as a spectator.

this:
http://www.calguns.net/calgunforum/showthread.php?t=64351
http://www.calguns.net/calgunforum/showthread.php?t=62015

[Anthonysmanifesto]

That reminds me regarding the pain it was to track that down, I wonder what the status is of the project that is supposed to clean up all that code. IIRC, TMLLP is involved as a spectator.

this:
http://www.calguns.net/calgunforum/showthread.php?t=64351
http://www.calguns.net/calgunforum/showthread.php?t=62015

California Law Reveiw Commison has been conducting hearings and meetings
http://www.clrc.ca.gov/M300.html

[Librarian]

That reminds me regarding the pain it was to track that down,

Pain sir? What pain? The information is stickied.

http://www.calguns.net/calgunforum/showthread.php?t=124237
(6) An additional part of the Penal Code, 12132

12132. This chapter shall not apply to any of the following:

(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
says that intrafamilial handgun transfers are NOT subject to the Roster of Handguns.


http://www.calguns.net/calgunforum/showthread.php?t=81127
What guns do NOT have to be on the Roster?

Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. A list of Olympic target pistols, and

12133. (a) The provisions of this chapter shall not apply to a single-action revolver that has at least a 5-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least 71/2 inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least 71/2 inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.

(b) The provisions of this chapter shall not apply to a single-shot pistol with a barrel length of not less than six inches and that has an overall length of at least 101/2 inches when the handle, frame or receiver, and barrel are assembled.

[ke6guj]

Pain sir? What pain? The information is stickied.
Stickies:confused: Nobody looks at those :D

Anyways, since I had the PC open on my computer, I tried to just follow the law to find the exemption, and that was a pain to dig through.

[ke6guj]

California Law Reveiw Commison has been conducting hearings and meetings
http://www.clrc.ca.gov/M300.html
That was some interesting reading going through the all the Staff Memoranda.