Division 3 - SURRENDER, DISPOSAL, AND ENJOINING OF WEAPONS CONSTITUTING A NUISANCE

California Penal Code — §§ 18000-18010

Sections (3)

Amended by Stats. 2024, Ch. 534, Sec. 1. (AB 2739) Effective January 1, 2025.

(a)Any weapon described in Section 19190, 21390, 21590, 25700, 26110, or 26395, or, upon conviction of the defendant or upon a juvenile court finding that an offense that would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, any weapon described in Section 29300, shall be surrendered to one of the following:

(1)The sheriff of a county.

(2)The chief of police or other head of a municipal police department of any city or city and county.

(3)The chief of police of any campus of the University of

California or the California State University.

(4)The Commissioner of the California Highway Patrol.

(b)For purposes of this section, the Commissioner of the California Highway Patrol shall receive only weapons that were confiscated by a member of the California Highway Patrol.

(c)A finding that the defendant was guilty of the offense but was insane at the time the offense was committed is a conviction for the purposes of this section.

§ 18005

Amended by Stats. 2024, Ch. 547, Sec. 1.5. (SB 1019) Effective January 1, 2025.

(a)An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.

(b)If any weapon has been stolen and is thereafter recovered from the thief or the thief’s transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300,

without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.

(c)No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owner’s identity and address can be reasonably ascertained.

(d)If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.

(e)(1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.

(2)Every law enforcement agency shall post the policy required by this subdivision on its internet website.

(f)As used in this section, the following terms are defined as follows:

(1)“Destroy” means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.

(2)“Law enforcement agency” means any police department, sheriffs’ department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.

(g)(1) If a law enforcement agency contracts with a third party for the destruction of

firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.

(2)This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.

(h)A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.

§ 18010

Amended by Stats. 2022, Ch. 76, Sec. 10. (AB 1621) Effective June 30, 2022.

(a)The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:

(1)Section 19290, relating to metal handgrenades.

(2)Section 20390, relating to an air gauge knife.

(3)Section 20490, relating to a belt buckle knife.

(4)Section 20590, relating to a cane sword.

(5)Section 20690, relating to a lipstick case knife.

(6)Section 20790, relating to a shobi-zue.

(7)Section 20990, relating to a writing pen knife.

(8)Section 21190, relating to a ballistic knife.

(9)Section 21890, relating to metal knuckles.

(10)Section 22290, relating to a leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot.

(11)Section 22490, relating to a shuriken.

(12)Section 24390, relating to a camouflaging firearm container.

(13)Section 24490, relating to a cane gun.

(14)Section 24590, relating to a firearm not immediately recognizable as a firearm.

(15)Section 24690, relating to an undetectable firearm.

(16)Section 24790, relating to a wallet gun.

(17)Section 30290, relating to flechette dart ammunition and to a bullet with an explosive agent.

(18)Section 31590, relating to an unconventional pistol.

(19)Section 32390, relating

to a large-capacity magazine.

(20)Section 32990, relating to a multiburst trigger activator.

(21)Section 33290, relating to a short-barreled rifle or a short-barreled shotgun.

(22)Section 33690, relating to a zip gun.

(b)The weapons described in subdivision (a) shall be subject to confiscation and summary destruction whenever found within the state.

(c)The weapons described in subdivision (a) shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be

preserved until the necessity for its use ceases.

(d)(1) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the importation into the state or sale or transfer of any firearm precursor part that is unlawfully imported into this state or sold or transferred within this state.

(2)Any firearm precursor parts that are unlawfully imported in this state or unlawfully sold, transferred, or possessed within this state are a nuisance and are subject to confiscation and destruction pursuant to Section 18005.