§ 28050. — 28050. (Amended by Stats. 2021, Ch. 250, Sec. 13.)

California § 28050.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 6.
• Title: 4.
• Part 6.: DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS
• Ch. 5.: CHAPTER 5. Procedure For a Private Party Firearms Transaction

Text

(a)
A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Sections 26700 to 26915, inclusive, in accordance with this chapter in order to comply with Section 27545.
(b)
The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm.
(c)
The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with Section 27540.
(d)
If the dealer cannot
legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535.
(e)
Until July 1, 2024, if the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then
dispose of the firearm in the manner provided by Sections 18005 and 34000.
(f)
If Commencing July 1, 2024, if the dealer cannot legally return the firearm to the seller, transferor, or person loaning the firearm, then the following procedure shall apply:
(1)
The seller, transferor, or person loaning the firearm may request, and the dealer shall grant, that the dealer retain possession
of the firearm for a period of up to 45 days so that the transferor or seller or the person loaning the firearm may designate a person to take possession of that firearm in accordance with Section 27540. This 45-day period shall be in addition to the waiting period described in Sections 26815 and 27540, and any time necessary to process a transaction.
(2)
If, before the end of the 45-day period, the seller, transferor, or person loaning the firearm designates a person to receive the firearm and that person completes an application to purchase, the dealer shall process the transaction in accordance with the provisions of Section 27540.
(3)
If the seller, transferor, or person loaning the firearm, does not request that the firearm be held by the dealer pursuant to
this subdivision, or the firearm cannot be delivered to the designated person, the dealer, shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, where the dealership is located, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.
(g)
(1)
If a dealer retains possession of a firearm pursuant to subdivision (f), the dealer shall within 72 hours after retaining possession of the firearm, notify the Department of Justice in a manner and format prescribed by the department.
(2)
If a dealer delivers possession a firearm to a law enforcement agency pursuant to subdivision (e) or (f), the dealer shall notify the
Department of Justice within 72 hours after the delivery of the firearm in a manner and format prescribed by the department.

Legislative History

Amended by Stats. 2021, Ch. 250, Sec. 13. (SB 715) Effective January 1, 2022.