JurisdictionCaliforniaCode BPCBusiness and Professions Code - BPC
Div. 8.DIVISION 8. SPECIAL BUSINESS REGULATIONS
Ch. 38.CHAPTER 38. Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts
This text of California § 22949.63. (22949.63. (Added by Stats. 2022, Ch. 146, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Notwithstanding Section 22949.62, any licensed firearms dealer may take possession of any assault weapon or .50 BMG rifle from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code, or of any firearm precursor part, for the purposes of servicing or repair.
(b)Notwithstanding Section 22949.62, any licensed firearms dealer may transfer possession of any assault weapon, .50 BMG rifle, or firearm precursor part received pursuant to subdivision (a), to a gunsmith for purposes of repairing or servicing that weapon. A
transfer is permissible only to the following persons:
(1)A gunsmith employed the dealer.
(2)A gunsmith with whom the dealer
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(a)
Notwithstanding Section 22949.62, any licensed firearms dealer may take possession of any assault weapon or .50 BMG rifle from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code, or of any firearm precursor part, for the purposes of servicing or repair.
(b)
Notwithstanding Section 22949.62, any licensed firearms dealer may transfer possession of any assault weapon, .50 BMG rifle, or firearm precursor part received pursuant to subdivision (a), to a gunsmith for purposes of repairing or servicing that weapon. A
transfer is permissible only to the following persons:
(1)
A gunsmith employed the dealer.
(2)
A gunsmith with whom the dealer has contracted for gunsmithing services.
(c)
Paragraph (2) of subdivision (b) applies only if the gunsmith receiving the assault weapon, .50 BMG rifle, or firearm precursor part meets both of the following qualifications:
(1)
The gunsmith holds a dealer license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2)
The gunsmith holds any business license required by a state or local
governmental entity.
(d)
In addition to the uses permitted in Chapter 1.5 (commencing
with Section 30400) of, and Article 5 (commencing with Section 30900) of Chapter 2 of, Division 10 of Title 4 of Part 6 of the Penal Code, any licensed gun dealer who lawfully possesses an assault weapon, .50 BMG rifle, or firearm precursor part pursuant to those provisions may do either of the following:
(1)
Transport the firearm or firearm precursor part between dealers or out of the state if that person is permitted pursuant to the National Firearms Act. Any transporting allowed by this section or Section 22949.62 shall be in compliance with Sections 16850 and 25610 of the Penal Code.
(2)
Sell the firearm or firearm precursor part to a resident outside the state.
(e)
Notwithstanding Section 22949.62, any
individual may, provided that the assault weapon or .50 BMG rifle is transported in compliance with Sections 16850 and 25610 of the Penal Code, do any of the following:
(1)
Arrange in advance to relinquish an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to a police or sheriff’s department.
(2)
Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to an authorized representative of a city, city and county, county, or state government, or of the federal government, provided that the entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals.
(3)
Transfer, relinquish, or dispose of a firearm or precursor part in compliance with the requirements of Section 29810 or Section 29830 of the Penal Code.