Chapter 1 - Miscellaneous Provisions

Sections (2)

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(a)Except as provided in subdivision (c), a firearm of any nature owned or possessed in violation of Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Chapter 3 (commencing with Section 8100) of Division 5 of the Welfare and Institutions Code, or used in the commission of any misdemeanor as provided in this code, any felony, or an attempt to commit any misdemeanor as provided in this code or any felony, is, upon a conviction of the defendant or upon a juvenile court finding that an offense which would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, a nuisance, and is subject

to Sections 18000 and 18005.

(b)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.

(c)A firearm is not a nuisance pursuant to this section if the firearm owner disposes of the firearm pursuant to Section 29810.

(d)This section does not apply to any of the following:

(1)Any firearm in the possession of the Department of Fish and Game.

(2)Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto.

(3)Any firearm that is forfeited pursuant to

Section 5008.6 of the Public Resources Code.

§ 29305

Added by Stats. 2023, Ch. 233, Sec. 1. (AB 97) Effective January 1, 2024. Repealed as of January 1, 2033, by its own provisions.

(a)The Department of Justice shall collect and report data on arrests made by law enforcement agencies for offenses related to firearms without a valid state or federal serial number. The department shall collect and report the following data:

(1)The number of arrests for violations of Section 23920.

(2)The number of arrests

for violations of Section 29180.

(3)Until January 1, 2029, the disposition of violations of Sections 23920 and 29180, including, without limitation, the number of cases resulting in each of the following dispositions:

(A)An arrest was made, but the arresting law enforcement agency did not submit charges to the district attorney or other prosecuting agency.

(B)An arrest was made, but no charges were filed by the district attorney or other prosecuting agency.

(C)The case was dismissed after charging, either by the court or the district attorney.

(D)The defendant was acquitted.

(E)The defendant was convicted, whether by trial or by plea.

(4)Commencing on January 1, 2029, the disposition of violations

of Sections 23920

and 29180

based on the information reported to the department pursuant to subdivision (e) of Section 13370, including, without limitation, the number of cases resulting in each of the following dispositions:

(A)An arrest was made, but the arresting law enforcement agency did not submit charges to the district attorney or other prosecuting agency.

(B)An arrest was made, but no charges were filed by the district attorney or other prosecuting agency.

(C)The case was dismissed after charging, either by the court or the district attorney.

(D)The defendant was acquitted by trial.

(E)The defendant was convicted by plea.

(F)The defendant was convicted by trial.

(b)Commencing on July 1, 2025, and annually thereafter, the department shall issue a

report

that includes the data collected pursuant to subdivision

(a). This report shall be made available in the same manner as described in subdivision (g) of Section 13010.

(c)This section shall remain in effect until January 1, 2033, and as of that date is repealed.