What is California penal code 12020?

Answer 1

ABSTRACT: No person may possess any firearm who is a drug addict, or has been convicted of an offense enumerated in Section 12001.6, except a first offense of Section 417(a)(2), or had been convicted of a felony (including a juvenile prosecuted as an adult) under the laws of this state; or laws of other states, or of the United States, which meet designated California Specifications.

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 12021

(a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.

Answer 2

Copy and pasted from, http://law.onecle.com/california/penal/12031.html

(a) (1) A person is guilty of carrying a loaded firearm when

he or she carries a loaded firearm on his or her person or in a

vehicle while in any public place or on any public street in an

incorporated city or in any public place or on any public street in a

prohibited area of unincorporated territory.

(2) Carrying a loaded firearm in violation of this section is

punishable, as follows:

(A) Where the person previously has been convicted of any felony,

or of any crime made punishable by this chapter, as a felony.

(B) Where the firearm is stolen and the person knew or had

reasonable cause to believe that it was stolen, as a felony.

(C) Where the person is an active participant in a criminal street

gang, as defined in subdivision (a) of Section 186.22, under the

Street Terrorism Enforcement and Prevention Act (Chapter 11

(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(D) Where the person is not in lawful possession of the firearm,

as defined in this section, or is within a class of persons

prohibited from possessing or acquiring a firearm pursuant to Section

12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare

and Institutions Code, as a felony.

(E) Where the person has been convicted of a crime against a

person or property, or of a narcotics or dangerous drug violation, by

imprisonment in the state prison, or by imprisonment in a county

jail not to exceed one year, by a fine not to exceed one thousand

dollars ($1,000), or by both that imprisonment and fine.

(F) Where the person is not listed with the Department of Justice

pursuant to Section 11106, as the registered owner of the pistol,

revolver, or other firearm capable of being concealed upon the

person, by imprisonment in the state prison, or by imprisonment in a

county jail not to exceed one year, or by a fine not to exceed one

thousand dollars ($1,000), or both that fine and imprisonment.

(G) In all cases other than those specified in subparagraphs (A)

to (F), inclusive, as a misdemeanor, punishable by imprisonment in a

county jail not to exceed one year, by a fine not to exceed one

thousand dollars ($1,000), or by both that imprisonment and fine.

(3) For purposes of this section, "lawful possession of the

firearm" means that the person who has possession or custody of the

firearm either lawfully acquired and lawfully owns the firearm or has

the permission of the lawful owner or person who otherwise has

apparent authority to possess or have custody of the firearm. A

person who takes a firearm without the permission of the lawful owner

or without the permission of a person who has lawful custody of the

firearm does not have lawful possession of the firearm.

(4) Nothing in this section shall preclude prosecution under

Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the

Welfare and Institutions Code, or any other law with a greater

penalty than this section.

(5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)

of Section 836, a peace officer may make an arrest without a warrant:

(i) When the person arrested has violated this section, although

not in the officer's presence.

(ii) Whenever the officer has reasonable cause to believe that the

person to be arrested has violated this section, whether or not this

section has, in fact, been violated.

(B) A peace officer may arrest a person for a violation of

subparagraph (F) of paragraph (2), if the peace officer has probable

cause to believe that the person is carrying a loaded pistol,

revolver, or other firearm capable of being concealed upon the person

in violation of this section and that person is not listed with the

Department of Justice pursuant to paragraph (1) of subdivision (c) of

Section 11106 as the registered owner of that pistol, revolver, or

other firearm capable of being concealed upon the person.

(6) (A) Every person convicted under this section who has

previously been convicted of an offense enumerated in Section

12001.6, or of any crime made punishable under this chapter, shall

serve a term of at least three months in a county jail, or, if

granted probation or if the execution or imposition of sentence is

suspended, it shall be a condition thereof that he or she be

imprisoned for a period of at least three months.

(B) The court shall apply the three-month minimum sentence except

in unusual cases where the interests of justice would best be served

by granting probation or suspending the imposition or execution of

sentence without the minimum imprisonment required in this

subdivision or by granting probation or suspending the imposition or

execution of sentence with conditions other than those set forth in

this subdivision, in which case, the court shall specify on the

record and shall enter on the minutes the circumstances indicating

that the interests of justice would best be served by that

disposition.

(7) A violation of this section which is punished by imprisonment

in a county jail not exceeding one year shall not constitute a

conviction of a crime punishable by imprisonment for a term exceeding

one year for the purposes of determining federal firearms

eligibility under Section 922(g)(1) of Title 18 of the United States

Code.

(b) Subdivision (a) shall not apply to any of the following:

(1) Peace officers listed in Section 830.1 or 830.2, or

subdivision (a) of Section 830.33, whether active or honorably

retired, other duly appointed peace officers, honorably retired peace

officers listed in subdivision (c) of Section 830.5, other honorably

retired peace officers who during the course and scope of their

employment as peace officers were authorized to, and did, carry

firearms, full-time paid peace officers of other states and the

federal government who are carrying out official duties while in

California, or any person summoned by any of those officers to assist

in making arrests or preserving the peace while the person is

actually engaged in assisting that officer. Any peace officer

described in this paragraph who has been honorably retired shall be

issued an identification certificate by the law enforcement agency

from which the officer has retired. The issuing agency may charge a

fee necessary to cover any reasonable expenses incurred by the agency

in issuing certificates pursuant to this paragraph and paragraph

(3).

Any officer, except an officer listed in Section 830.1 or 830.2,

subdivision (a) of Section 830.33, or subdivision (c) of Section

830.5 who retired prior to January 1, 1981, shall have an endorsement

on the identification certificate stating that the issuing agency

approves the officer's carrying of a loaded firearm.

No endorsement or renewal endorsement issued pursuant to paragraph

(2) shall be effective unless it is in the format set forth in

subparagraph (D) of paragraph (1) of subdivision (a) of Section

12027, except that any peace officer listed in subdivision (f) of

Section 830.2 or in subdivision (c) of Section 830.5, who is retired

between January 2, 1981, and on or before December 31, 1988, and who

is authorized to carry a loaded firearm pursuant to this section,

shall not be required to have an endorsement in the format set forth

in subparagraph (D) of paragraph (1) of subdivision (a) of Section

12027 until the time of the issuance, on or after January 1, 1989, of

a renewal endorsement pursuant to paragraph (2).

(2) A retired peace officer, except an officer listed in Section

830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)

of Section 830.5 who retired prior to January 1, 1981, shall

petition the issuing agency for renewal of his or her privilege to

carry a loaded firearm every five years. An honorably retired peace

officer listed in Section 830.1 or 830.2, subdivision (a) of Section

830.33, or subdivision (c) of Section 830.5 who retired prior to

January 1, 1981, shall not be required to obtain an endorsement from

the issuing agency to carry a loaded firearm. The agency from which

a peace officer is honorably retired may, upon initial retirement of

the peace officer, or at any time subsequent thereto, deny or revoke

for good cause the retired officer's privilege to carry a loaded

firearm. A peace officer who is listed in Section 830.1 or 830.2,

subdivision (a) of Section 830.33, or subdivision (c) of Section

830.5 who is retired prior to January 1, 1981, shall have his or her

privilege to carry a loaded firearm denied or revoked by having the

agency from which the officer retired stamp on the officer's

identification certificate "No CCW privilege."

(3) An honorably retired peace officer who is listed in

subdivision (c) of Section 830.5 and authorized to carry loaded

firearms by this subdivision shall meet the training requirements of

Section 832 and shall qualify with the firearm at least annually.

The individual retired peace officer shall be responsible for

maintaining his or her eligibility to carry a loaded firearm. The

Department of Justice shall provide subsequent arrest notification

pursuant to Section 11105.2 regarding honorably retired peace

officers listed in subdivision (c) of Section 830.5 to the agency

from which the officer has retired.

(4) Members of the military forces of this state or of the United

States engaged in the performance of their duties.

(5) Persons who are using target ranges for the purpose of

practice shooting with a firearm or who are members of shooting clubs

while hunting on the premises of those clubs.

(6) The carrying of pistols, revolvers, or other firearms capable

of being concealed upon the person by persons who are authorized to

carry those weapons pursuant to Article 3 (commencing with Section

12050) of Chapter 1 of Title 2 of Part 4.

(7) Armored vehicle guards, as defined in Section 7521 of the

Business and Professions Code, (A) if hired prior to January 1, 1977,

or (B) if hired on or after that date, if they have received a

firearms qualification card from the Department of Consumer Affairs,

in each case while acting within the course and scope of their

employment.

(8) Upon approval of the sheriff of the county in which they

reside, honorably retired federal officers or agents of federal law

enforcement agencies, including, but not limited to, the Federal

Bureau of Investigation, the Secret Service, the United States

Customs Service, the Federal Bureau of Alcohol, Tobacco, and

Firearms, the Federal Bureau of Narcotics, the Drug Enforcement

Administration, the United States Border Patrol, and officers or

agents of the Internal Revenue Service who were authorized to carry

weapons while on duty, who were assigned to duty within the state for

a period of not less than one year, or who retired from active

service in the state.

Retired federal officers or agents shall provide the sheriff with

certification from the agency from which they retired certifying

their service in the state, the nature of their retirement, and

indicating the agency's concurrence that the retired federal officer

or agent should be accorded the privilege of carrying a loaded

firearm.

Upon approval, the sheriff shall issue a permit to the retired

federal officer or agent indicating that he or she may carry a loaded

firearm in accordance with this paragraph. The permit shall be

valid for a period not exceeding five years, shall be carried by the

retiree while carrying a loaded firearm, and may be revoked for good

cause.

The sheriff of the county in which the retired federal officer or

agent resides may require recertification prior to a permit renewal,

and may suspend the privilege for cause. The sheriff may charge a

fee necessary to cover any reasonable expenses incurred by the

county.

(c) Subdivision (a) shall not apply to any of the following who

have completed a regular course in firearms training approved by the

Commission on Peace Officer Standards and Training:

(1) Patrol special police officers appointed by the police

commission of any city, county, or city and county under the express

terms of its charter who also, under the express terms of the

charter, (A) are subject to suspension or dismissal after a hearing

on charges duly filed with the commission after a fair and impartial

trial, (B) are not less than 18 years of age or more than 40 years of

age, (C) possess physical qualifications prescribed by the

commission, and (D) are designated by the police commission as the

owners of a certain beat or territory as may be fixed from time to

time by the police commission.

(2) The carrying of weapons by animal control officers or

zookeepers, regularly compensated as such by a governmental agency

when acting in the course and scope of their employment and when

designated by a local ordinance or, if the governmental agency is not

authorized to act by ordinance, by a resolution, either individually

or by class, to carry the weapons, or by persons who are authorized

to carry the weapons pursuant to Section 14502 of the Corporations

Code, while actually engaged in the performance of their duties

pursuant to that section.

(3) Harbor police officers designated pursuant to Section 663.5 of

the Harbors and Navigation Code.

(d) Subdivision (a) shall not apply to any of the following who

have been issued a certificate pursuant to Section 12033. The

certificate shall not be required of any person who is a peace

officer, who has completed all training required by law for the

exercise of his or her power as a peace officer, and who is employed

while not on duty as a peace officer.

(1) Guards or messengers of common carriers, banks, and other

financial institutions while actually employed in and about the

shipment, transportation, or delivery of any money, treasure,

bullion, bonds, or other thing of value within this state.

(2) Guards of contract carriers operating armored vehicles

pursuant to California Highway Patrol and Public Utilities Commission

authority (A) if hired prior to January 1, 1977, or (B) if hired on

or after January 1, 1977, if they have completed a course in the

carrying and use of firearms which meets the standards prescribed by

the Department of Consumer Affairs.

(3) Private investigators and private patrol operators who are

licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,

and alarm company operators who are licensed pursuant to Chapter 11.6

(commencing with Section 7590) of, Division 3 of the Business and

Professions Code, while acting within the course and scope of their

employment.

(4) Uniformed security guards or night watch persons employed by

any public agency, while acting within the scope and course of their

employment.

(5) Uniformed security guards, regularly employed and compensated

in that capacity by persons engaged in any lawful business, and

uniformed alarm agents employed by an alarm company operator, while

actually engaged in protecting and preserving the property of their

employers or on duty or en route to or from their residences or their

places of employment, and security guards and alarm agents en route

to or from their residences or employer-required range training.

Nothing in this paragraph shall be construed to prohibit cities and

counties from enacting ordinances requiring alarm agents to register

their names.

(6) Uniformed employees of private patrol operators and private

investigators licensed pursuant to Chapter 11.5 (commencing with

Section 7512) of Division 3 of the Business and Professions Code,

while acting within the course and scope of their employment.

(e) In order to determine whether or not a firearm is loaded for

the purpose of enforcing this section, peace officers are authorized

to examine any firearm carried by anyone on his or her person or in a

vehicle while in any public place or on any public street in an

incorporated city or prohibited area of an unincorporated territory.

Refusal to allow a peace officer to inspect a firearm pursuant to

this section constitutes probable cause for arrest for violation of

this section.

(f) As used in this section, "prohibited area" means any place

where it is unlawful to discharge a weapon.

(g) A firearm shall be deemed to be loaded for the purposes of

this section when there is an unexpended cartridge or shell,

consisting of a case that holds a charge of powder and a bullet or

shot, in, or attached in any manner to, the firearm, including, but

not limited to, in the firing chamber, magazine, or clip thereof

attached to the firearm; except that a muzzle-loader firearm shall be

deemed to be loaded when it is capped or primed and has a powder

charge and ball or shot in the barrel or cylinder.

(h) Nothing in this section shall prevent any person engaged in

any lawful business, including a nonprofit organization, or any

officer, employee, or agent authorized by that person for lawful

purposes connected with that business, from having a loaded firearm

within the person's place of business, or any person in lawful

possession of private property from having a loaded firearm on that

property.

(i) Nothing in this section shall prevent any person from carrying

a loaded firearm in an area within an incorporated city while

engaged in hunting, provided that the hunting at that place and time

is not prohibited by the city council.

(j) (1) Nothing in this section is intended to preclude the

carrying of any loaded firearm, under circumstances where it would

otherwise be lawful, by a person who reasonably believes that the

person or property of himself or herself or of another is in

immediate, grave danger and that the carrying of the weapon is

necessary for the preservation of that person or property. As used

in this subdivision, "immediate" means the brief interval before and

after the local law enforcement agency, when reasonably possible, has

been notified of the danger and before the arrival of its

assistance.

(2) A violation of this section is justifiable when a person who

possesses a firearm reasonably believes that he or she is in grave

danger because of circumstances forming the basis of a current

restraining order issued by a court against another person or persons

who has or have been found to pose a threat to his or her life or

safety. This paragraph may not apply when the circumstances involve

a mutual restraining order issued pursuant to Division 10 (commencing

with Section 6200) of the Family Code absent a factual finding of a

specific threat to the person's life or safety. It is not the intent

of the Legislature to limit, restrict, or narrow the application of

current statutory or judicial authority to apply this or other

justifications to defendants charged with violating Section 12025 or

of committing other similar offenses.

Upon trial for violating this section, the trier of fact shall

determine whether the defendant was acting out of a reasonable belief

that he or she was in grave danger.

(k) Nothing in this section is intended to preclude the carrying

of a loaded firearm by any person while engaged in the act of making

or attempting to make a lawful arrest.

(l) Nothing in this section shall prevent any person from having a

loaded weapon, if it is otherwise lawful, at his or her place of

residence, including any temporary residence or campsite.

(m) (1) The district attorney of each county shall submit annually

a report on or before June 30, to the Attorney General consisting of

profiles by race, age, gender, and ethnicity of any person charged

with a felony or a misdemeanor under this section and any other

offense charged in the same complaint, indictment, or information.

(2) The Attorney General shall submit annually, a report on or

before December 31, to the Legislature compiling all of the reports

submitted pursuant to paragraph (1).

Answer 3

this is a probation suspension hold not gettin out of this one get a good attorney.good luck.i did 4 years

Answer 4

i believe it is carrying a weapon such as a dirk or dagger

Answer 5

It has to do with the trafficiking in illegal weapons.

See link below:

Answer 6

The Penal Code 12022.1 PC is a California penal code. This is a first offense for the accused and also a felony charge.