California Penal Code DIVISION 2 - DEFINITIONS

• Section 16100.
  Use of the term “.50 BMG cartridge” is governed by Section 30525.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011....
• Section 16110.
  Use of the term “.50 BMG rifle” is governed by Section 30530.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011....
• Section 16120.
  As used in this part, “abuse” means any of the following: (a) Intentionally or recklessly to cause or attempt to cause bodily injury. (b) Sexual assault. (c) To...
• Section 16130.
  As used in Section 26915, “agent” means an employee of the licensee.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011....
• Section 16140.
  As used in this part, “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed,...
• Section 16150.
  (a) As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, “ammunition” means one or more loaded cartridges consisting of...
• Section 16151.
  (a) As used in this part, commencing January 1, 2018, “ammunition vendor” means any person, firm, corporation, or other business enterprise that holds a current ammunition...
• Section 16160.
  As used in this part, “antique cannon” means any cannon manufactured before January 1, 1899, which has been rendered incapable of firing or for which...
• Section 16170.
  (a) As used in Sections 30515 and 30530, “antique firearm” means any firearm manufactured before January 1, 1899.(b) As used in Section 16520, Section 16650, subdivision (a)...
• Section 16180.
  As used in this part, “antique rifle” means a firearm conforming to the definition of an “antique firearm” in Section 479.11 of Title 27 of...
• Section 16190.
  As used in this part, “application to purchase” means either of the following:(a) The initial completion of the register by the purchaser, transferee, or person being...
• Section 16200.
  Use of the term “assault weapon” is governed by Sections 30510 and 30515.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1,...
• Section 16220.
  As used in this part, “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic...
• Section 16230.
  As used in this part, “ballistics identification system” includes, but is not limited to, any automated image analysis system that is capable of storing firearm...
• Section 16240.
  As used in this part, “basic firearms safety certificate” means a certificate issued before January 1, 2003, by the Department of Justice pursuant to former...
• Section 16250.
  (a) As used in this part, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of...
• Section 16260.
  As used in this part, “belt buckle knife” is a knife that is made an integral part of a belt buckle and consists of a...
• Section 16270.
  As used in this part, “blowgun” means a hollow tube designed and intended to be used as a tube through which a dart is propelled...
• Section 16280.
  As used in this part, “blowgun ammunition” means a dart designed and intended for use in a blowgun.(Added by Stats. 2010, Ch. 711, Sec. 6....
• Section 16288.
  As used in Section 31360, “body armor” means any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor.(Added...
• Section 16290.
  As used in this part, “body vest” or “body shield” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer or...
• Section 16300.
  As used in this part, “bona fide evidence of identity” or “bona fide evidence of majority and identity” means a document issued by a federal,...
• Section 16310.
  As used in this part, “boobytrap” means any concealed or camouflaged device designed to cause great bodily injury when triggered by an action of any...
• Section 16320.
  (a) As used in this part, “camouflaging firearm container” means a container that meets all of the following criteria:(1) It is designed and intended to enclose a...
• Section 16330.
  As used in this part, “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be,...
• Section 16340.
  As used in this part, “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a...
• Section 16350.
  As used in Section 30515, “capacity to accept more than 10 rounds” means capable of accommodating more than 10 rounds. The term does not apply...
• Section 16360.
  As used in this part, “CCW” means “carry concealed weapons.”(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January...
• Section 16370.
  As used in Sections 31610 to 31700, inclusive, “certified instructor” or “DOJ Certified Instructor” means a person designated as a handgun safety instructor by the...
• Section 16380.
  As used in this part, “chamber load indicator” means a device that plainly indicates that a cartridge is in the firing chamber. A device satisfies...
• Section 16400.
  As used in this part, “clear evidence of the person’s identity and age” means either of the following: (a) A valid California driver’s license. (b) A valid...
• Section 16405.
  As used in this part, “composite knuckles” means any device or instrument made wholly or partially of composite materials, other than a medically prescribed prosthetic,...
• Section 16410.
  As used in this part, “consultant-evaluator” means a consultant or evaluator who, in the course of that person’s profession is loaned firearms from a person...
• Section 16420.
  Use of the term “dagger” is governed by Section 16470.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January...
• Section 16430.
  As used in Division 4 (commencing with Section 18250) of Title 2, “deadly weapon” means any weapon, the possession or concealed carrying of which is...
• Section 16440.
  Use of the term “dealer” is governed by Section 26700.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January...
• Section 16450.
  As used in Sections 31610 to 31700, inclusive, in Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, and in Article 3...
• Section 16460.
  (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “destructive device” includes...
• Section 16470.
  As used in this part, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use...
• Section 16480.
  Use of the term “DOJ Certified Instructor” is governed by Section 16370. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1,...
• Section 16490.
  As used in this part, “domestic violence” means abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former...
• Section 16500.
  Use of the phrase “drop safety requirement for handguns” is governed by Section 31900.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January...
• Section 16505.
  For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in...
• Section 16510.
  As used in subdivision (a) of Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “explosive” means any substance,...
• Section 16520.
  (a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile...
• Section 16530.
  (a) As used in this part, the terms “firearm capable of being concealed upon the person,” “pistol,” and “revolver” apply to and include any device designed...
• Section 16535.
  (a) As used in this part, “firearm safety certificate” means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or...
• Section 16540.
  As used in this part, “firearm safety device” means a device other than a gun safe that locks and is designed to prevent children and...
• Section 16550.
  As used in this part, “firearm transaction record” is a record containing the same information referred to in subdivision (a) of Section 478.124, Section 478.124a,...
• Section 16560.
  Use of the phrase “firing requirement for handguns” is governed by Section 31905.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1,...
• Section 16570.
  As used in this part, “flechette dart” means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with...
• Section 16575.
  (a) Except as stated in subdivision (c), the following provisions are continuations of provisions that were included in former Article 4 (commencing with Section 12070) of...
• Section 16580.
  (a) Except as stated in subdivision (c), the following provisions are continuations of provisions that were included in former Chapter 1 (commencing with Section 12000) of...
• Section 16585.
  (a) Except as stated in subdivision (d), the following provisions are continuations of provisions that were included in former Section 12078, as that section read when...
• Section 16590.
  As used in this part, “generally prohibited weapon” means any of the following:(a) An air gauge knife, as prohibited by Section 20310.(b) Ammunition that contains or consists...
• Section 16600.
  As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, “great bodily injury” means a significant or substantial physical injury.(Added...
• Section 16610.
  As used in this part, “gun safe” means a locking container that fully contains and secures one or more firearms, and that meets the standards...
• Section 16620.
  As used in this part, “Gun Show Trader” means a person described in Section 26525.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective...
• Section 16630.
  As used in this part, “gunsmith” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title...
• Section 16640.
  (a) As used in this part, “handgun” means any pistol, revolver, or firearm capable of being concealed upon the person. (b) Nothing shall prevent a device defined...
• Section 16650.
  (a) As used in this part, “handgun ammunition” means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person,...
• Section 16660.
  As used in this part, “handgun ammunition designed primarily to penetrate metal or armor” means any ammunition, except a shotgun shell or ammunition primarily designed...
• Section 16670.
  As used in this part, “handgun safety certificate” means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or...
• Section 16680.
  As used in this part, “hard wooden knuckles” means any device or instrument made wholly or partially of wood or paper products that is not...
• Section 16690.
  As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, and Article 3...
• Section 16700.
  (a) (1) As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar...
• Section 16720.
  As used in this part, “immediate family member” means either of the following relationships: (a) Parent and child. (b) Grandparent and grandchild.(Added by Stats. 2010, Ch. 711,...
• Section 16730.
  (a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means: (1) For handguns, less than six transactions per...
• Section 16740.
  As used in this part, “large-capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be...
• Section 16750.
  (a) As used in Section 25400, “lawful possession of the firearm” means that the person who has possession or custody of the firearm either lawfully owns...
• Section 16760.
  As used in this part, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead.(Added by Stats. 2010,...
• Section 16770.
  As used in this part, “less lethal ammunition” means any ammunition that satisfies both of the following requirements: (a) It is designed to be used in...
• Section 16780.
  As used in this part:(a) “Less lethal weapon” means any device that is designed to or that has been converted to expel or propel less lethal...
• Section 16790.
  As used in Article 5 (commencing with Section 30900) and Article 7 (commencing with Section 31050) of Chapter 2 of Division 10 of Title 4,...
• Section 16800.
  As used in this part, “licensed gun show producer” means a person who has been issued a certificate of eligibility by the Department of Justice...
• Section 16810.
  As used in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4,...
• Section 16820.
  (a) For purposes of the provisions listed in Section 16580, use of the term “licensee” is governed by Section 26700. (b) For purposes of Chapter 2 (commencing...
• Section 16822.
  Use of the term “licensee’s business premises” is governed by Section 16810. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1,...
• Section 16824.
  Use of the term “licensee’s place of business” is governed by Section 16810.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1,...
• Section 16830.
  As used in this part, a “lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case.(Added by Stats....
• Section 16840.
  (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged...
• Section 16850.
  As used in this part, “locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar...
• Section 16860.
  As used in Sections 16850, 25105, and 25205, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied...
• Section 16865.
  As used in Section 26860, “long gun” means any firearm that is not a handgun or a machinegun.(Added by Stats. 2013, Ch. 761, Sec. 2....
• Section 16870.
  As used in this part, “long-gun safe” means a locking container designed to fully contain and secure a rifle or shotgun, which has a locking...
• Section 16880.
  (a) As used in this part, “machinegun” means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than...
• Section 16890.
  As used in Section 30515, “magazine” means any ammunition feeding device.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative...
• Section 16900.
  As used in this part, “magazine disconnect mechanism” means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike...
• Section 16920.
  As used in this part, “metal knuckles” means any device or instrument made wholly or partially of metal that is worn for purposes of offense...
• Section 16930.
  As used in this part, a “multiburst trigger activator” means either of the following:(a) A device designed or redesigned to be attached to a semiautomatic firearm,...
• Section 16940.
  As used in this part, “nunchaku” means an instrument consisting of two or more sticks, clubs, bars, or rods to be used as handles, connected...
• Section 16950.
  As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed to be carried openly or...
• Section 16960.
  As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not...
• Section 16965.
  As used in this part, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers,...
• Section 16970.
  (a) As used in Sections 16790, 17505, and 30600, “person” means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless...
• Section 16980.
  Use of the term “person licensed pursuant to Sections 26700 to 26915, inclusive” is governed by Section 26700.(Added by Stats. 2010, Ch. 711, Sec. 6....
• Section 16990.
  As used in any provision listed in subdivision (a) of Section 16585, the phrase “a person taking title or possession of a firearm by operation...
• Section 17000.
  (a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer”...
• Section 17010.
  Use of the term “pistol” is governed by Section 16530.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January...
• Section 17020.
  For purposes of this part, a city or county may be considered an applicant’s “principal place of employment or business” only if the applicant is...
• Section 17030.
  As used in this part, “prohibited area” means any place where it is unlawful to discharge a weapon.(Added by Stats. 2010, Ch. 711, Sec. 6....
• Section 17040.
  As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, “public place” has the same meaning as in Section 25850....
• Section 17060.
  As used in Section 25135, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels,...
• Section 17070.
  As used in this part, “responsible adult” means a person at least 21 years of age who is not prohibited by state or federal law...
• Section 17080.
  Use of the term “revolver” is governed by Section 16530.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January...
• Section 17090.
  As used in Sections 16530, 16640, 16650, 16660, 16870, and 17170, Sections 17720 to 17730, inclusive, Section 17740, subdivision (f) of Section 27555, Article 2...
• Section 17110.
  As used in Section 26890, “secure facility” means a building that meets all of the following specifications: (a) All perimeter doorways shall meet one of the...
• Section 17111.
  For purposes of Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, use of the term “secure facility” is governed by Sections...
• Section 17125.
  As used in this part, “Security Exemplar” has the same meaning as in Section 922 of Title 18 of the United States Code.(Added by Stats....
• Section 17140.
  As used in Sections 16900 and 31910, “semiautomatic pistol” means a pistol with an operating mode that uses the energy of the explosive in a...
• Section 17160.
  As used in this part, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it, which may be...
• Section 17170.
  As used in this part, “short-barreled rifle” means any of the following:(a) A rifle having a barrel or barrels of less than 16 inches in length.(b) A...
• Section 17180.
  As used in this part, “short-barreled shotgun” means any of the following:(a) A firearm that is designed or redesigned to fire a fixed shotgun shell and...
• Section 17190.
  As used in Sections 16530, 16640, 16870, and 17180, Sections 17720 to 17730, inclusive, Section 17740, Section 30215, and Article 1 (commencing with Section 33210)...
• Section 17200.
  As used in this part, a “shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one...
• Section 17210.
  As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, “silencer” means any device or attachment of any kind designed,...
• Section 17220.
  Use of the term “SKS rifle” is governed by Section 30710.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative...
• Section 17230.
  As used in this part, “stun gun” means any item, except a less lethal weapon, used or intended to be used as either an offensive...
• Section 17235.
  As used in this part, “switchblade knife” means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife,...
• Section 17240.
  (a) As used in this part, “tear gas” applies to and includes any liquid, gaseous or solid substance intended to produce temporary physical discomfort or permanent...
• Section 17250.
  As used in this part, “tear gas weapon” applies to and includes: (a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the...
• Section 17270.
  As used in this part, an “unconventional pistol” means a firearm with both of the following characteristics: (a) It does not have a rifled bore. (b) It...
• Section 17280.
  As used in this part, “undetectable firearm” means any weapon that meets either of the following requirements: (a) After removal of grips, stocks, and magazines, the...
• Section 17290.
  As used in this part, “undetectable knife” means any knife or other instrument, with or without a handguard, that satisfies all of the following requirements:...
• Section 17295.
  (a) For purposes of Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed “unloaded” if it is not...
• Section 17300.
  Use of the phrase “unsafe handgun” is governed by Section 31910.(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative...
• Section 17310.
  As used in this part, “used firearm” means a firearm that has been sold previously at retail and is more than three years old.(Added by...
• Section 17315.
  As used in Articles 2 through 5 of Chapter 1 of Division 10 of Title 4, “vendor” means an ammunition vendor.(Amended November 8, 2016, by...
• Section 17320.
  For purposes of Section 31360 only, “violent felony” refers to the specific crimes listed in subdivision (c) of Section 667.5, and to crimes defined under...
• Section 17330.
  As used in this part, “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of...
• Section 17340.
  (a) As used in this part, “wholesaler” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title...
• Section 17350.
  As used in this part, “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed,...
• Section 17360.
  As used in this part, “zip gun” means any weapon or device that meets all of the following criteria: (a) It was not imported as a...

Last modified: October 22, 2018