This act recodifies the provisions of former Title 2 (commencing with Section 12000) of Part 4, which was entitled “Control of Deadly Weapons.” The act shall be known and may be cited as the “Deadly Weapons Recodification Act of 2010.”
Part 6PRELIMINARY PROVISIONS
Section § 16000
This law reorganizes and updates the rules that were previously in Title 2, Part 4, regarding the management and regulation of deadly weapons. It's officially called the 'Deadly Weapons Recodification Act of 2010.'
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Section § 16005
This section states that the Deadly Weapons Recodification Act of 2010 does not aim to change the existing laws about deadly weapons. Instead, the act is purely an administrative update and should be understood as such. It clarifies that all parts of the act, including cross-references, are to be interpreted in a way that doesn't alter the substance of the law.
Nothing in the Deadly Weapons Recodification Act of 2010 is intended to substantively change the law relating to deadly weapons. The act is intended to be entirely nonsubstantive in effect. Every provision of this part, of Title 2 (commencing with Section 12001) of Part 4, and every other provision of this act, including, without limitation, every cross-reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act.
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Section § 16010
This law section explains that if parts of the Deadly Weapons Recodification Act of 2010 are similar to older laws on the same topic, they are viewed as continuations, not new laws.
It also clarifies that if other statutes refer to these previous laws, they should be understood as referencing the updated, continued version, unless stated otherwise.
(a)CA Penal Law Code § 16010(a) A provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment.
(b)CA Penal Law Code § 16010(b) A reference in a statute to a previously existing provision that is restated and continued in this part or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision of the Deadly Weapons Recodification Act of 2010, shall, unless a contrary intent appears, be deemed a reference to the restatement and continuation.
(c)CA Penal Law Code § 16010(c) A reference in a statute to a provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which is substantially the same as a previously existing provision, shall, unless a contrary intent appears, be deemed to include a reference to the previously existing provision.
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Section § 16015
This law states that if a legal rule about deadly weapons has been updated or reorganized under the Deadly Weapons Recodification Act of 2010, any conviction under the old rule is considered a prior conviction under the new or updated rule. This applies unless there's a specific reason in the law to treat it differently.
If a previously existing provision is restated and continued in this part, or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision of the Deadly Weapons Recodification Act of 2010, a conviction under that previously existing provision shall, unless a contrary intent appears, be treated as a prior conviction under the restatement and continuation of that provision.
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Section § 16020
This section explains that when interpreting the parts of the Deadly Weapons Recodification Act of 2010, past court decisions about similar or restated laws can be helpful. However, the new act doesn't evaluate whether those past court decisions were right or wrong. Essentially, while older decisions can guide interpretation, the act doesn't express any opinion on them.
(a)CA Penal Law Code § 16020(a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part, of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which restates and continues that previously existing provision.
(b)CA Penal Law Code § 16020(b) However, in enacting the Deadly Weapons Recodification Act of 2010, the Legislature has not evaluated the correctness of any judicial decision interpreting a provision affected by the act.
(c)CA Penal Law Code § 16020(c) The Deadly Weapons Recodification Act of 2010 is not intended to, and does not, reflect any assessment of any judicial decision
interpreting any provision affected by the act.
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Section § 16025
This law explains that if a court has previously decided on the constitutionality of a law, that decision can help assess the constitutionality of any laws that are part of the Deadly Weapons Recodification Act of 2010 or any related statutes. However, when this recodification act was created, the legislature did not perform any new evaluation of the constitutionality of the laws it includes or affirm previous court decisions. The act itself does not intend to make any judgments on whether the provisions are constitutional.
(a)CA Penal Law Code § 16025(a) A judicial decision determining the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this part, of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which restates and continues that previously existing provision.
(b)CA Penal Law Code § 16025(b) However, in enacting the Deadly Weapons Recodification Act of 2010, the Legislature has not evaluated the constitutionality of any provision affected by the act, or the correctness of any judicial decision determining the constitutionality of any provision affected by the act.
(c)CA Penal Law Code § 16025(c) The Deadly Weapons Recodification Act of 2010 is not intended to, and does not, reflect any determination of the constitutionality of any provision affected by the act.
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Section § 17500
If you have a deadly weapon on you and plan to attack someone, you are committing a misdemeanor offense.
Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.
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Section § 17505
This law makes it illegal to advertise the sale of any weapon or device that is banned, as specified in other California laws. This includes platforms like newspapers, magazines, online publications, billboards, or any other advertisement medium in the state. Essentially, you cannot promote items that you're not allowed to own.
It shall be unlawful for any person, as defined in Section 16970, to advertise the sale of any weapon or device, the possession of which is prohibited by Section 18710, 20110, 30315, 30320, 32625, or 33410, by Article 2 (commencing with Section 30600) of Chapter 2 of Division 10 of Title 4, or by any provision listed in Section 16590, in any newspaper, magazine, circular, form letter, or open publication that is published, distributed, or circulated in this state, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device.
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Section § 17510
This law states that it's a misdemeanor for anyone participating in picketing or similar activities related to refusing work to carry certain weapons. Specifically, it prohibits carrying a concealed firearm, a loaded firearm in a vehicle, or any deadly weapon during these activities.
Additionally, the law clarifies that nothing in this section authorizes picketing that is illegal or permits the prohibited behavior, regardless of other laws that might otherwise seem to allow it.
(a)CA Penal Law Code § 17510(a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor:
(1)CA Penal Law Code § 17510(a)(1) Carries concealed upon the person, or within any vehicle which is under the person’s control or direction, any pistol, revolver, or other firearm capable of being concealed upon the person.
(2)CA Penal Law Code § 17510(a)(2) Carries a loaded firearm upon the person or within any vehicle that is under the person’s control or direction.
(3)CA Penal Law Code § 17510(a)(3) Carries a deadly weapon.
(b)CA Penal Law Code § 17510(b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law.
(c)CA Penal Law Code § 17510(c) The following provisions shall not be construed to authorize any conduct described in paragraph (1) of subdivision (a):
(1)CA Penal Law Code § 17510(c)(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4.
(2)CA Penal Law Code § 17510(c)(2) Sections 25615 to 25655, inclusive.
(d)CA Penal Law Code § 17510(d) Sections 25900 to 26020, inclusive, shall not be construed to authorize any conduct described in paragraph (2) of subdivision (a).
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Section § 17512
This law makes it a misdemeanor for either the driver or the owner of a motor vehicle to knowingly allow someone to bring a firearm into the vehicle if doing so violates Section 26350.
It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, to knowingly permit any other person to carry into or bring into the vehicle a firearm in violation of Section 26350.
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Section § 17515
This law states that no part of the laws mentioned in Section 16580 prevents police or law enforcement officers from carrying any equipment that is allowed for enforcing laws in cities or counties.
Nothing in any provision listed in Section 16580 prohibits a police officer, special police officer, peace officer, or law enforcement officer from carrying any equipment authorized for the enforcement of law or ordinance in any city or county.
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Section § 19910
If someone sells a BB gun or similar device to someone under 18, they are committing a misdemeanor, which is a minor criminal offense.
Every person who sells any BB device to a minor is guilty of a misdemeanor.
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Section § 19915
This law makes it a misdemeanor to give any BB device to a minor unless you have the clear or implied permission of their parent or legal guardian. 'Furnishes' means either lending the BB device or transferring it without selling it.
(a)CA Penal Law Code § 19915(a) Every person who furnishes any BB device to any minor, without the express or implied permission of a parent or legal guardian of the minor, is guilty of a misdemeanor.
(b)CA Penal Law Code § 19915(b) As used in this section, “furnishes” means either of the following:
(1)CA Penal Law Code § 19915(b)(1) A loan.
(2)CA Penal Law Code § 19915(b)(2) A transfer that does not involve a sale.
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Section § 23500
This section simply names certain laws as "The Dangerous Weapons Control Law." It doesn't provide details but indicates there are rules concerning the control of dangerous weapons.
The provisions listed in Section 16580 shall be known and may be cited as “The Dangerous Weapons Control Law.”
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Section § 23505
This law states that if any part of the laws listed in Section 16580 is found to be unconstitutional, it doesn't invalidate the rest of the laws. The Legislature clarifies that it intends for all the provisions in Section 16580 to remain in effect independently, even if some parts are struck down.
If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of any provision listed in Section 16580 is for any reason held unconstitutional, that decision does not affect the validity of any other provision listed in Section 16580. The Legislature hereby declares that it would have passed the provisions listed in Section 16580 and each section, subdivision, paragraph, subparagraph, sentence, clause, and phrase of those provisions, irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional.
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Section § 23510
This law clarifies that when a firearm-related law mentions "any firearm," it refers to each firearm individually. That means each firearm, or part of one, can be considered a separate offense if you violate these laws. This includes laws about carrying concealed weapons, illegal sales, and other regulations.
(a)CA Penal Law Code § 23510(a) For purposes of Sections 25400 and 26500, Sections 27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750, inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of this code, and any provision listed in subdivision (a) of Section 16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term “any firearm” may be used in those sections, each firearm or the frame or receiver of each firearm constitutes a distinct and separate offense under those sections.
(b)CA Penal Law Code § 23510(b) For purposes of Section 25135, notwithstanding the fact that the term “any firearm” may be used in that section, each firearm constitutes a distinct and separate offense under
that section.
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Section § 23515
This section clarifies what counts as an offense involving the violent use of a firearm in connection with certain California laws. Specifically, it includes various violations such as specific parts of assault laws with a firearm, shooting at an inhabited dwelling or vehicle, and drawing or exhibiting a firearm in a threatening manner. Each cited section refers to different aspects of using firearms violently.
As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following:
(a)CA Penal Law Code § 23515(a) A violation of paragraph (2) or (3) of subdivision (a) of Section 245 or a violation of subdivision (d) of Section 245.
(b)CA Penal Law Code § 23515(b) A violation of Section 246.
(c)CA Penal Law Code § 23515(c) A violation of paragraph (2) of subdivision (a) of Section 417.
(d)CA Penal Law Code § 23515(d) A violation of subdivision (c) of Section 417.
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Section § 23520
If you're applying for a firearms-related license, permit, or certificate, you need to submit two copies of your fingerprints. These fingerprints must be on specific forms from the Department of Justice, and one set can be sent to the FBI.
Each application that requires any firearms eligibility determination involving the issuance of any license, permit, or certificate pursuant to this part shall include two copies of the applicant’s fingerprints on forms prescribed by the Department of Justice. One copy of the fingerprints may be submitted to the United States Federal Bureau of Investigation.
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