§ 9.38.050. Exemptions.

The provisions of Section 9.38.040 shall not apply to the following:

1.

Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large-capacity magazine, and does so while acting within the scope of his or her duties.

2.

A person licensed pursuant to Sections 26700 to 26915 of the California Penal Code;

3.

A gunsmith for the purpose of maintenance, repair or modification of the large-capacity magazine;

4.

Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business;

5.

Any person, corporation, or other entity that manufactures a large-capacity magazine for a person specified in subsection 1, or for an expert pursuant to applicable federal regulations;

6.

Any person using the large-capacity magazine solely as a prop for a motion picture, television or video production, so long as it does not contain any live ammunition;

7.

Any holder of a special weapons permit issued pursuant to California Penal Code Sections 18900, 31000, 32650, 32700—32720, or 33300;

8.

Any person issued a permit pursuant to California Penal Code Section 32315 by the Department of Justice upon a showing of good cause for the possession, transportation or sale of large-capacity magazines between a person licensed pursuant to Sections 26700 to 26915 of the California Penal Code, and an out-of-state client, when those activities are in accordance with the terms and conditions of the permit;

9.

Any federal, state or local historical society, museum or institutional collection which is open to the public, provided that the large-capacity magazine is properly housed, secured from unauthorized handling and unloaded;

10.

Any person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large-capacity magazine no longer than is necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to the law;

11.

A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities;

12.

Any person in the business of selling or transferring large-capacity magazines in accordance with California Penal Code Section 32310 who is in possession of a large-capacity magazine solely for the purpose of doing so; or

13.

Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000 if no magazine that holds ten or less rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm.

(Ord. No. 13352, § 1(E), 1-19-2016)