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Cal. Penal Code section 12028 |
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Written by Administrator
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Monday, 29 November 1999 16:00 |
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ABSTRACT: Any firearm which has been used in a the commission of a crime or an attempt to commit a crime, or that is illegally possessed, may be seized and is a nuisance except that if the firearm was stolen or its use was without the owner's knowledge it may not be sold or destroyed if the official having custody of the firearm can reasonably locate the owner. This law does not apply to firearms used in committing Fish and Game Code violations.
Penal Code
Part 4: Prevention of Crimes and Apprehension of Criminals
Title 2: Control of Deadly Weapons
Chapter 1: Firearms
Article 2: Unlawful Carrying and Possession of Weapons Section 12028 (a) The unlawful concealed carrying upon the person or within the vehicle of the carrier of any explosive substance, other than fixed ammunition, dirk, or dagger, as provided in Section 12020, the unlawful concealed carrying upon the person or within the vehicle of the carrier of any weapons in violation of Section 12025, and the unlawful possession or carrying of any item in violation of Section 653k is a nuisance. (b) A firearm of any nature owned or possessed in violation of Section 12021, 12021.1, or 12101 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. |
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Last Updated on Sunday, 22 February 2009 17:38 |
