Non-Roster Handguns (Unsafe Handguns)
The following agencies may purchase non-roster firearms for use in the discharge of their official duties (Pen. Code, § 32000, subd. (b)(4)):
- Department of Justice
- A police department
- A sheriff’s official
- A marshal’s office
- The Department of Corrections and Rehabilitation
- The Department of the California Highway Patrol
- Any district attorney’s office
- Any federal law enforcement agency
- The military or naval forces of this state or of the United States
Penal Code section 32000 does not prohibit the sale to, or purchase by, sworn members of the above agencies of a handgun.
Additionally, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Penal Code section 832 may purchase non-roster handguns (Pen. Code, § 32000, subd. (b)(6)):
- The Department of Parks and Recreation
- The Department of Alcoholic Beverage Control
- The Division of Investigation of the Department of Consumer Affairs
- The Department of Motor Vehicles
- The Fraud Division of the Department of Insurance
- The State Department of State Hospitals
- The Department of Fish and Wildlife
- The State Department of Developmental Services
- The Department of Forestry and Fire Protection
- A county probation department
- The Los Angeles World Airports, as defined in Penal Code section 830.15
- A K-12 public school district for use by a school police officer, as described in Penal Code section 830.32
- A municipal water district for use by a park ranger, as described in Penal Code section 830.34
- A county for use by a welfare fraud investigator or inspector, as described in Penal Code section 830.35
- A county for use by the coroner or deputy coroner, as described in Penal Code section 830.35
- The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Penal Code section 830.36
- A fire department or fire protection agency of a county, city, city and county, or the state for use by either of the following:
- A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Penal Code section 830.37
- A member other than a member of an arson-investigation unit, regularly paid and employed in that capacity pursuant to Penal Code section 830.37
- The University of California Police Department, or the California State University Police Departments, as described in Penal Code section 830.2
- A California Community College police department, as described in Penal Code section 830.32
Individuals who have obtained a non-roster firearm under any of the exemptions listed in Penal Code section 32000, subdivision (b), paragraph (6) may not sell or transfer the non-roster firearm to an individual who is not exempt from the requirements of Penal Code section 32000.
32000. (a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff s official, a marshal s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, any district attorney s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun.
(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code.
(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.
(Amended by Stats. 2015, Ch. 203, Sec. 1. Effective January 1, 2016.)
Last modified: September 9, 2016