Assembly BillNo. 538

6

26384.  

Paragraph (1) of subdivision (a) of Section 26350 does
7not apply to, or affect, the open carrying of an unloaded handgun
8if all of the following conditions are satisfied:

9(a) The open carrying occurs at an auction or similar event of
10a nonprofit public benefit or mutual benefit corporation, at which
11firearms are auctioned or otherwise sold to fund the activities of
12that corporation or the local chapters of that corporation.

13(b) The unloaded handgun is to be auctioned or otherwise sold
14for that nonprofit public benefit or mutual benefit corporation.

15(c) The unloaded handgun is to be delivered by a person licensed
16pursuant to, and operating in accordance with, Sections 26700 to
17 26915, inclusive.

20

26405.  

Section 26400 does not apply to, or affect, the carrying
21of an unloaded firearm that is not a handgun in any of the following
22circumstances:

23(a) By a person when carried within a place of business, a place
24of residence, or on private real property, if that person, by virtue
25of subdivision (a) of Section 25605, may carry a firearm within
26that place of business, place of residence, or on that private real
27property owned or lawfully occupied by that person.

28(b) By a person when carried within a place of business, a place
29of residence, or on private real property, if done with the
30permission of a person who, by virtue of subdivision (a) of Section
3125605, may carry a firearm within that place of business, place of
32residence, or on that private real property owned or lawfully
33occupied by that person.

34(c) When the firearm is either in a locked container or encased
35and it is being transported directly between places where a person
36is not prohibited from possessing that firearm and the course of
37travel shall include only those deviations between authorized
38locations as are reasonably necessary under the circumstances.

39(d) If the person possessing the firearm reasonably believes that
40he or she is in grave danger because of circumstances forming the
P9    1basis of a current restraining order issued by a court against another
2person or persons who has or have been found to pose a threat to
3his or her life or safety. This subdivision may not apply when the
4circumstances involve a mutual restraining order issued pursuant
5to Division 10 (commencing with Section 6200) of the Family
6Code absent a factual finding of a specific threat to the person’s
7life or safety. Upon a trial for violating Section 26400, the trier of
8fact shall determine whether the defendant was acting out of a
9reasonable belief that he or she was in grave danger.

10(e) By a peace officer or an honorably retired peace officer if
11that officer may carry a concealed firearm pursuant to Article 2
12(commencing with Section 25450) of Chapter 2, or a loaded firearm
13pursuant to Article 3 (commencing with Section 25900) of Chapter
143.

15(f) By a person to the extent that person may openly carry a
16loaded firearm that is not a handgun pursuant to Article 4
17(commencing with Section 26000) of Chapter 3.

18(g) As merchandise by a person who is engaged in the business
19of manufacturing, importing, wholesaling, repairing, or dealing in
20firearms and who is licensed to engage in that business, or the
21authorized representative or authorized agent of that person, while
22engaged in the lawful course of the business.

23(h) By a duly authorized military or civil organization, or the
24members thereof, while parading or while rehearsing or practicing
25parading, when at the meeting place of the organization.

26(i) By a member of a club or organization organized for the
27purpose of practicing shooting at targets upon established target
28ranges, whether public or private, while the members are using
29firearms that are not handguns upon the target ranges or incident
30to the use of a firearm that is not a handgun at that target range.

31(j) By a licensed hunter while engaged in hunting or while
32transporting that firearm when going to or returning from that
33hunting expedition.

34(k) Incident to transportation of a handgun by a person operating
35a licensed common carrier, or by an authorized agent or employee
36thereof, when transported in conformance with applicable federal
37law.

38(l) By a member of an organization chartered by the Congress
39of the United States or a nonprofit mutual or public benefit
40corporation organized and recognized as a nonprofit tax-exempt
P10   1organization by the Internal Revenue Service while on official
2parade duty or ceremonial occasions of that organization or while
3rehearsing or practicing for official parade duty or ceremonial
4occasions.

5(m) Within a gun show conducted pursuant to Article 1
6(commencing with Section 27200) and Article 2 (commencing
7with Section 27300) of Chapter 3 of Division 6.

8(n) Within a school zone, as defined in Section 626.9, with the
9written permission of the school district superintendent, the
10superintendent’s designee, or equivalent school authority.

11(o) When in accordance with the provisions of Section 171b.

12(p) By a person while engaged in the act of making or attempting
13to make a lawful arrest.

14(q) By a person engaged in firearms-related activities, while on
15the premises of a fixed place of business that is licensed to conduct
16and conducts, as a regular course of its business, activities related
17to the sale, making, repair, transfer, pawn, or the use of firearms,
18or related to firearms training.

19(r) By an authorized participant in, or an authorized employee
20or agent of a supplier of firearms for, a motion picture, television,
21or video production or entertainment event, when the participant
22lawfully uses that firearm as part of that production or event, as
23part of rehearsing or practicing for participation in that production
24or event, or while the participant or authorized employee or agent
25is at that production or event, or rehearsal or practice for that
26production or event.

27(s) Incident to obtaining an identification number or mark
28assigned for that firearm from the Department of Justice pursuant
29to Section 23910.

30(t) At an established public target range while the person is
31using that firearm upon that target range.

32(u) By a person when that person is summoned by a peace
33officer to assist in making arrests or preserving the peace, while
34the person is actually engaged in assisting that officer.

35(v) Incident to any of the following:

36(1) Complying with Section 27560 or 27565, as it pertains to
37that firearm.

38(2) Section 28000, as it pertains to that firearm.

39(3) Section 27850 or 31725, as it pertains to that firearm.

P11   1(4) Complying with Section 27870 or 27875, as it pertains to
2that firearm.

3(5) Complying with Section 27915, 27920, or 27925, as it
4pertains to that firearm.

5(w) Incident to, and in the course and scope of, training of, or
6by an individual to become a sworn peace officer as part of a course
7of study approved by the Commission on Peace Officer Standards
8and Training.

9(x) Incident to, and in the course and scope of, training of, or
10by an individual to become licensed pursuant to Chapter 4
11(commencing with Section 26150) as part of a course of study
12necessary or authorized by the person authorized to issue the
13license pursuant to that chapter.

14(y) Incident to and at the request of a sheriff, chief, or other
15head of a municipal police department.

16(z) If all of the following conditions are satisfied:

17(1) The open carrying occurs at an auction or similar event of
18a nonprofit public benefit or mutual benefit corporation at which
19firearms are auctioned or otherwise sold to fund the activities of
20that corporation or the local chapters of that corporation.

21(2) The unloaded firearm that is not a handgun is to be auctioned
22or otherwise sold for that nonprofit public benefit or mutual benefit
23corporation.

24(3) The unloaded firearm that is not a handgun is to be delivered
25by a person licensed pursuant to, and operating in accordance with,
26Sections 26700 to 26915, inclusive.

27(aa) Pursuant to paragraph (3) of subdivision (b) of Section
28171c.

29(ab) Pursuant to Section 171d.

30(ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision
31(c) of Section 171.7.

32(ad) On publicly owned land, if the possession and use ofbegin insert an end insert
33unloaded firearm that is not a handgun is specifically permitted
34by the managing agency of the land and the person carrying that
35firearm is in lawful possession of that firearm.

36(ae) By any of the following:

37(1) The carrying of an unloaded firearm that is not a handgun
38that is regulated pursuant to Chapter 1 (commencing with Section
3918710) of Division 5 of Title 2 by a person who holds a permit
40issued pursuant to Article 3 (commencing with Section 18900) of
P12   1that chapter, if the carrying of that firearm is conducted in
2accordance with the terms and conditions of the permit.

3(2) The carrying of an unloaded firearm that is not a handgun
4that is regulated pursuant to Chapter 2 (commencing with Section
530500) of Division 10 by a person who holds a permit issued
6pursuant to Section 31005, if the carrying of that firearm is
7conducted in accordance with the terms and conditions of the
8permit.

9(3) The carrying of an unloaded firearm that is not a handgun
10that is regulated pursuant to Chapter 6 (commencing with Section
1132610) of Division 10 by a person who holds a permit issued
12pursuant to Section 32650, if the carrying of that firearm is
13conducted in accordance with the terms and conditions of the
14permit.

15(4) The carrying of an unloaded firearm that is not a handgun
16that is regulated pursuant to Article 2 (commencing with Section
1733300) of Chapter 8 of Division 10 by a person who holds a permit
18issued pursuant to Section 33300, if the carrying of that firearm is
19conducted in accordance with the terms and conditions of the
20permit.

21(af) By a licensed hunter while actually engaged in training a
22dog for the purpose of using the dog in hunting that is not
23prohibited by law, or while transporting the firearm while going
24to or returning from that training.

25(ag) Pursuant to the provisions of subdivision (d) of Section
26171.5.

27(ah) By a person who is engaged in the business of
28manufacturing ammunition and who is licensed to engage in that
29business, or the authorized representative or authorized agent of
30that person, while the firearm is being used in the lawful course
31and scope of the licensee’s activities as a person licensed pursuant
32to Chapter 44 (commencing with Section 921) of Title 18 of the
33United States Code and regulations issued pursuant thereto.

34(ai) On the navigable waters of this state that are held in public
35trust, if the possession and use of an unloaded firearm that is not
36a handgun is not prohibited by the managing agency thereof and
37the person carrying the firearm is in lawful possession of the
38firearm.

P13   1

26620.  

Section 26500 does not apply to the sale, delivery, or
2transfer of a firearm when made by an authorized law enforcement
3representative of a city, county, city and county, or of the state or
4federal government, if both of the following requirements are met:

5(a) The sale, delivery, or transfer is made to one of the following:

6(1) A person licensed pursuant to Sections 26700 to 26915,
7inclusive.

8(2) A wholesaler.

9(3) A manufacturer or importer of firearms or ammunition
10licensed to engage in that business pursuant to Chapter 44
11(commencing with Section 921) of Title 18 of the United States
12Code and the regulations issued pursuant thereto.

13(b) The sale, delivery, or transfer of the firearm is not subject
14to the procedures set forth in Section 18000, 18005, 34000, or
1534005.

18

27600.  

(a) Article 1 (commencing with Section 27500) does
19not apply to any sale, delivery, or transfer of firearms made to an
20authorized law enforcement representative of any city, county,
21city and county, or state, or of the federal government, for exclusive
22use by that governmental agency if, prior to the sale, delivery, or
23transfer of these firearms, written authorization from the head of
24the agency authorizing the transaction is presented to the person
25from whom the purchase, delivery, or transfer is being made.

26(b) Proper written authorization is defined as verifiable written
27certification from the head of the agency by which the purchaser
28or transferee is employed, identifying the employee as an individual
29authorized to conduct the transaction, and authorizing the
30 transaction for the exclusive use of the agency by which that person
31is employed.

32(c) Within 10 days of the date a firearm is acquired by the
33agency, a record of the same shall be entered as an institutional
34weapon into the Automated Firearms System (AFS) via the
35California Law Enforcement Telecommunications System
36(CLETS) by the law enforcement or state agency. Any agency
37without access tobegin insert theend insert AFS shall arrange with the sheriff of the
38county in which the agency is located to input this information via
39this system.

P14   1(d) Any agency that is the registered owner of an institutional
2weapon in accordance with subdivision (c) that subsequently
3destroys that weapon shall enter information that the weapon has
4been destroyed into the Automated Firearms System (AFS) via
5the California Law Enforcement Telecommunications System
6(CLETS) within 10 days of the destruction in accordance with
7procedures prescribed by the Department of Justice. Any agency
8without access to the AFS shall arrange with the sheriff of the
9county in which the agency is located to input this information via
10this system.

13

27620.  

Section 27545 does not apply to the sale, delivery, or
14transfer of a firearm when made by an authorized law enforcement
15representative of a city, county, city and county, or of the state or
16federal government, if all of the following conditions are met:

17(a) The sale, delivery, or transfer is made to one of the following:

18(1) A person licensed pursuant to Sections 26700 to 26915,
19inclusive.

20(2) A wholesaler.

21(3) A manufacturer or importer of firearms or ammunition
22licensed to engage in that business pursuant to Chapter 44
23(commencing with Section 921) of Title 18 of the United States
24Code and the regulations issuedbegin insert pursuantend insert thereto.

25(b) The sale, delivery, or transfer of the firearm is not subject
26to the procedures set forth in Section 18000, 18005, 34000, or
2734005.

28(c) (1) Except as provided in paragraph (2), if the sale, delivery,
29or transfer is of a handgun, on the date that the handgun is delivered
30pursuant to this subdivision, by the agency, a record of the delivery
31has been entered into the Automated Firearms System (AFS) via
32the California Law Enforcement Telecommunications System
33(CLETS) by the law enforcement or state agency. Those agencies
34without access tobegin insert theend insert AFS shall arrange with the sheriff of the
35county in which the agency is located to input this information via
36this system.

37(2) If the firearm was initially registered with the Department
38of Justice by the agency as an institutional weapon or otherwise,
39on the date that the weapon is delivered pursuant to this section
40by the agency, a record of the delivery has been entered into the
P15   1AFS via the CLETS by the law enforcement or state agency. Those
2agencies without access tobegin insert theend insert AFS shall arrange with the sheriff
3of the county in which the agency is located to input this
4information via this system.

7

28000.  

A person who is exempt from Section 27545 or is
8otherwise not required by law to report acquisition, ownership,
9destruction, or disposal of a firearm, or who moves out of this state
10with the person’s firearm, may report that information to the
11Department of Justice in a format prescribed by the department.

14

28160.  

(a) For all firearms, the register or record of electronic
15transfer shall include all of the following information:

16(1) The date and time of sale.

17(2) The make of firearm.

18(3) Peace officer exemption status pursuant to the provisions
19listed in subdivision (c) of Section 16585, and the agency name.

20(4) Any applicable waiting period exemption information.

21(5) California Firearms Dealer number issued pursuant to Article
221 (commencing with Section 26700) of Chapter 2.

23(6) For transactions occurring on or after January 1, 2003, the
24purchaser’s handgun safety certificate number issued pursuant to
25Article 2 (commencing with Section 31610) of Chapter 4 of
26Division 10 of this title, or pursuant to former Article 8
27(commencing with Section 12800) of Chapter 6 of Title 2 of Part
284, as that article read at any time from when it became operative
29on January 1, 2003, to when it was repealed by the Deadly
30Weapons Recodification Act of 2010.

31(7) Manufacturer’s name if stamped on the firearm.

32(8) Model name or number, if stamped on the firearm.

33(9) Serial number, if applicable.

34(10) Other number, if more than one serial number is stamped
35on the firearm.

36(11) Any identification number or mark assigned to the firearm
37pursuant to Section 23910.

38(12) If the firearm is not a handgun and does not have a serial
39number, identification number, or mark assigned to it, a notation
40as to that fact.

P16   1(13) Caliber.

2(14) Type of firearm.

3(15) If the firearm is new or used.

4(16) Barrel length.

5(17) Color of the firearm.

6(18) Full name of purchaser.

7(19) Purchaser’s complete date of birth.

8(20) Purchaser’s local address.

9(21) If current address is temporary, complete permanent address
10of purchaser.

11(22) Identification of purchaser.

12(23) Purchaser’s place of birth (state or country).

13(24) Purchaser’s complete telephone number.

14(25) Purchaser’s occupation.

15(26) Purchaser’s gender.

16(27) Purchaser’s physical description.

17(28) All legal names and aliases ever used by the purchaser.

18(29) Yes or no answer to questions that prohibit purchase,
19including, but not limited to, conviction of a felony as described
20in Chapter 2 (commencing with Section 29800) or an offense
21described in Chapter 3 (commencing with Section 29900) of
22Division 9 of this title, the purchaser’s status as a person described
23in Section 8100 of the Welfare and Institutions Code, whether the
24purchaser is a person who has been adjudicated by a court to be a
25danger to others or found not guilty by reason of insanity, and
26whether the purchaser is a person who has been found incompetent
27to stand trial or placed under conservatorship by a court pursuant
28to Section 8103 of the Welfare and Institutions Code.

29(30) Signature of purchaser.

30(31) Signature of salesperson, as a witness to the purchaser’s
31signature.

32(32) Salesperson’s certificate of eligibility number, if the
33salesperson has obtained a certificate of eligibility.

34(33) Name and complete address of the dealer or firm selling
35the firearm as shown on the dealer’s license.

36(34) The establishment number, if assigned.

37(35) The dealer’s complete business telephone number.

38(36) Any information required by Chapter 5 (commencing with
39Section 28050).

P17   1(37) Any information required to determine whether subdivision
2(f) of Section 27540 applies.

3(38) A statement of the penalties for signing a fictitious name
4or address, knowingly furnishing any incorrect information, or
5knowingly omitting any information required to be provided for
6the register.

7(39) A statement informing the purchaser, after his or her
8 ownership of a firearm, of all of the following:

9(A) Upon his or her application, the Department of Justice shall
10furnish him or her any information reported to the department as
11it relates to his or her ownership of that firearm.

12(B) The purchaser is entitled to file a report of his or her
13acquisition, disposition, or ownership of a firearm with the
14department pursuant to Section 28000.

15(C) Instructions for accessing the department’s Internet Web
16site for more information.

17(b) The purchaser shall provide the purchaser’s right thumbprint
18on the register in a manner prescribed by the department. No
19exception to this requirement shall be permitted except by
20regulations adopted by the department.

21(c) The firearms dealer shall record on the register or record of
22electronic transfer the date that the firearm is delivered, together
23with the firearm dealer’s signature indicating delivery of the
24firearm.

25(d) The purchaser shall sign the register or the record of
26electronic or telephonic transfer on the date that the firearm is
27delivered to him or her.

30

28210.  

(a) (1) Where the register is used, the purchaser of
31any firearm shall be required to present to the dealer clear evidence
32of the person’s identity and age.

33(2) The dealer shall require the purchaser to sign the purchaser’s
34current legal name and affix the purchaser’s residence address and
35date of birth to the register in quadruplicate.

36(3) The salesperson shall sign the register in quadruplicate, as
37a witness to the signature and identification of the purchaser.

38(b) Any person furnishing a fictitious name or address,
39knowingly furnishing any incorrect information, or knowingly
P18   1omitting any information required to be provided for the register
2shall be punished as provided in Section 28250.

3(c) (1) The original of the register shall be retained by the dealer
4in consecutive order.

5(2) Each book of 50 originals shall become the permanent
6register of transactions, which shall be retained for not less than
7three years from the date of the last transaction.

8(3) Upon presentation of proper identification, the permanent
9register of transactions shall be available for inspection by any
10peace officer, Department of Justice employee designated by the
11Attorney General, or agent of the federal Bureau of Alcohol,
12Tobacco, Firearms and Explosives. Until January 1, 2014, no
13information shall be compiled therefrom regarding the purchasers
14or other transferees of firearms that are not handguns.

15(d) On the date of the application to purchase, two copies of the
16original sheet of the register shall be placed in the mail, postage
17prepaid, and properly addressed to the Department of Justice.

18(e) (1) A photocopy of the register shall be provided to the
19purchaser by the dealer at the time of delivery of the firearm and
20after the dealer notes the date of delivery and the purchaser
21acknowledges the receipt of the firearm.

22(2) The requirements of this subdivision apply if a dealer is
23delivering a firearm pursuant to Section 27540 or Chapter 5
24(commencing with Section 28050).

25(f) If the transaction is a private party transfer conducted
26pursuant to Chapter 5 (commencing with Section 28050), a
27photocopy of the original shall be provided to the seller by the
28dealer at the time the register is signed by the seller. The dealer
29shall redact all of the purchaser’s personal information, as required
30pursuant to subdivision (a) of Section 28160 and subdivision (a)
31of Section 28165, from the seller’s copy, and the seller’s personal
32information from the purchaser’s copy.

35

28215.  

(a) (1) Where the electronic or telephonic transfer of
36applicant information is used, the purchaser shall be required to
37present to the dealer clear evidence of the person’s identity and
38age.

39(2) The dealer shall require the purchaser to sign the purchaser’s
40current legal name to the record of electronic or telephonic transfer.

P19   1(3) The salesperson shall sign the record of electronic or
2telephonic transfer, as a witness to the signature and identification
3of the purchaser.

4(b) Any person furnishing a fictitious name or address,
5knowingly furnishing any incorrect information, or knowingly
6omitting any information required to be provided for the electronic
7or telephonic transfer shall be punished as provided in Section
828250.

9(c) (1) The original of each record of electronic or telephonic
10transfer shall be retained by the dealer in consecutive order.

11(2) Each original shall become the permanent record of the
12transaction, which shall be retained for not less than three years
13from the date of the last transaction.

14(3) Upon presentation of proper identification, the permanent
15record of the transaction shall be provided for inspection by any
16peace officer, Department of Justice employee designated by the
17Attorney General, or agent of the federal Bureau of Alcohol,
18Tobacco, Firearms and Explosives.

19(d) On the date of the application to purchase, the record of
20applicant information shall be transmitted to the Department of
21Justice by electronic or telephonic transfer.

22(e) (1) A copy of the record of electronic or telephonic transfer
23shall be provided to the purchaser by the dealer at the time of
24delivery of the firearm and after the dealer notes the date of
25delivery and the purchaser acknowledges the receipt of the firearm.

26(2) The requirements of this subdivision apply if a dealer is
27delivering a firearm pursuant to Section 27540 or Chapter 5
28(commencing with Section 28050).

29(f) If the transaction is a private party transfer conducted
30pursuant to Chapter 5 (commencing with Section 28050), a copy
31shall be provided to the seller by the dealer at the time the record
32of electronic or telephonic transfer is signed by the seller. The
33dealer shall redact all of the purchaser’s personal information, as
34required pursuant to subdivision (a) of Section 28160 and
35subdivision (a) of Section 28165, from the seller’s copy, and the
36seller’s personal information from the purchaser’s copy.

39

31835.  

Subdivision (a) of Section 31615 does not apply to the
40delivery, sale, or transfer of firearms when made by authorized
P20   1law enforcement representatives for cities, counties, cities and
2counties, or of the state or federal government, if all of the
3following conditions are met:

4(a) The sale, delivery, or transfer is made to one of the persons
5or entities identified in subdivision (a) of Section 26620.

6(b) The sale, delivery, or transfer of the firearm is not subject
7to the procedures set forth in Section 18000, 18005, 34000, or
834005.

9(c) The sale, delivery, or transfer of the firearm follows the
10procedures set forth in subdivision (c) of Section 26620.

13

34005.  

(a) (1) An officer having custody of any firearm that
14may be useful to the California National Guard, the Coast Guard
15Auxiliary, or to any military or naval agency of the federal or state
16government, including, but not limited to, the State Military
17Museum and Resource Center, may, upon the authority of the
18legislative body of the city, city and county, or county by which
19the officer is employed and the approval of the Adjutant General,
20deliver the firearm to the commanding officer of a unit of the
21California National Guard, the Coast Guard Auxiliary, or any other
22military agency of the state or federal government, in lieu of
23destruction as required by any of the provisions listed in Section
2416580.

25(2) The officer delivering a firearm pursuant to this subdivision
26shall take a receipt for it, which contains a complete description
27of the firearm, and shall keep the receipt on file in his or her office
28as a public record.

29(b) Any law enforcement agency that has custody of any
30firearms, or any parts of any firearms, which are subject to
31destruction as required by any of the provisions listed in Section
3216580, may, in lieu of destroying the weapons, retain and use any
33of them as may be useful in carrying out the official duties of the
34agency. Alternatively, upon approval of a court, the agency may
35do either of the following:

36(1) Release the weapons to any other law enforcement agency
37for use in carrying out the official duties of that agency.

38(2) Turn over to the criminalistics laboratory of the Department
39of Justice or the criminalistics laboratory of a police department,
40sheriff’s office, or district attorney’s office, any weapons that may
P21   1be useful in carrying out the official duties of the respective
2agencies.

3(c) (1) Any firearm, or part of any firearm, which, rather than
4being destroyed, is used for official purposes pursuant to this
5section, shall be destroyed by the agency using the weapon when
6it is no longer needed by the agency for use in carrying out its
7official duties.

8(2) Firearms or weaponry donated to the State Military Museum
9and Resource Center may be disposed of pursuant to Section 179
10of the Military and Veterans Code.

11(d) (1) Any law enforcement agency that has custody of any
12firearms, or any parts of any firearms, which are subject to
13destruction as required by any of the provisions listed in Section
1416580, may, in lieu of destroying the firearms, obtain an order
15from the superior court directing the release of the firearms to the
16sheriff.

17(2) The sheriff shall enter those weapons into the Automated
18Firearms System (AFS), via the California Law Enforcement
19Telecommunications System, with a complete description of each
20weapon, including the make, type, category, caliber, and serial
21number of the firearms, and the name of the academy receiving
22the weapon entered into the AFS miscellaneous field.

23(3) The sheriff shall then release the firearms to the basic
24training academy certified by the Commission on Peace Officer
25Standards and Training, so that the firearms may be used for
26instructional purposes in the certified courses. All firearms released
27to an academy shall be under the care, custody, and control of the
28particular academy.

29(4) Any firearm, or part of any firearm, which is not destroyed,
30and is used for the purposes authorized by this section, shall be
31returned to the law enforcement agency that had original custody
32of the firearm when it is no longer needed by the basic training
33academy, or when the basic training academy is no longer certified
34by the commission.

35(5) When those firearms are returned, the law enforcement
36agency to which the firearms are returned, shall on the date of the
37return, enter into the Automated Firearms System (AFS), via the
38California Law Enforcement Telecommunications System, a
39complete description of each weapon, including the make, type,
P22   1category, caliber, and serial number of the firearms, and the name
2of the entity returning the firearm.