§ 26850. — 26850. (Amended by Stats. 2011, Ch. 745, Sec. 11.)

California § 26850.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 6.
• Title: 4.
• Part 6.: DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS
• Ch. 2.: CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail
• Art. 2.: ARTICLE 2. Grounds for Forfeiture of License

Text

(a)
Except as authorized by the department, no firearms dealer may deliver a handgun unless the recipient performs a safe handling demonstration with that handgun.
(b)
The safe handling demonstration shall commence with the handgun unloaded and locked with the firearm safety device with which it is required to be delivered, if applicable.
While maintaining muzzle awareness, that is, the firearm is pointed in a safe direction, preferably down at the ground, and trigger discipline, that is, the trigger finger is outside of the trigger guard and along side of the handgun frame, at all times, the handgun recipient shall correctly and safely perform the following:
(1)
If the handgun is a semiautomatic pistol, the steps listed in Section 26853.
(2)
If the handgun is a double-action revolver, the steps listed in Section 26856.
(3)
If the handgun is a single-action revolver, the steps listed in Section 26859.
(c)
The recipient shall receive instruction regarding how to render that handgun safe in the event of a jam.
(d)
The
firearms dealer shall sign and date an affidavit stating that the requirements of subdivisions (a) and (b) have been met. The firearms dealer shall additionally obtain the signature of the handgun purchaser on the same affidavit. The firearms dealer shall retain the original affidavit as proof of compliance with this requirement.
(e)
The recipient shall perform the safe handling demonstration for a department-certified instructor.
(f)
No demonstration shall be required if the dealer is returning the handgun to the owner of the handgun.
(g)
Department-certified instructors who may administer the safe handling demonstration shall meet the requirements set forth in subdivision (b) of Section 31635.
(h)
The persons who are exempt from the requirements of
subdivision (a) of Section 31615, pursuant to Section 31700, are also exempt from performing the safe handling demonstration.

Legislative History

Amended by Stats. 2011, Ch. 745, Sec. 11. (AB 809) Effective January 1, 2012.