Penal Code 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 of law” includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:

(a)

The executor, personal representative, or administrator of an estate, if the estate includes a firearm.

(b)

A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.

(c)

A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.

(d)

A receiver performing the functions of a receiver, if the receivership estate includes a firearm.

(e)

A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.

(f)

An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.

(g)

A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.

(h)

A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.

(i)

A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.

(j)

The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.

(k)

The trustee of a trust that includes a firearm and that was part of a will that created the trust.

(l)

A firearm passed to a decedent’s successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code.

(m)

A person acting pursuant to the person’s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code.

(n)

A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code.

(o)

A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure.

(p)

The trustee of a trust that includes a firearm that is under court supervision.

(q)

The trustee of a trust that is not referenced in subdivisions (k) or (p).

(r)

A special administrator appointed by a court pursuant to Section 8540 of the Probate Code.

(s)

A guardian appointed by a court pursuant to Section 1500 of the Probate Code.

Source: Section 16990, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=16990.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 16990’s source at ca​.gov