§ 31640
573 words·~3 min read·
/ca/penal-code/31640A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)The reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(7)Prevention strategies to address the risks associated with bringing firearms into the home.
(8)Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)“Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.”
(2)“If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.”
(3)“If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).”
(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision
(d)regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g)The department shall update the test to reflect amendments to subdivision
(c)made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision
(e)that occurs after January 1, 2024.