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regulate the business of producing, buying and selling dairy products, oleomargarine, renovated or imitation butter and cheese; to provide for the enforcement of its provisions and for the punishment of violations thereof, and appropriating money therefor and to repeal section seventeen of an act approved March 4, 1897, entitled "An act to prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement, and to appropriate money therefor," and to repeal all acts and parts of acts inconsistent with this act, is hereby repealed; and all other acts or parts of acts in conflict herewith are hereby repealed.

ACT 1946.

An act to establish a standard for evaporated milk and condensed milk. [Approved April 24, 1911. Stats. 1911, p. 1101.]

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§ 1. Standard of condensed milk. The standard of purity of condensed milk and evaporated milk shall be that proclaimed and estab lished by the secretary of the United States Department of Agriculture.

§ 2. Conflicting acts repealed. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

ACT 1947.

To provide for the inspection of dairies, factories of dairy products, and of dairy products as to their sanitary condition and as to the health of stock; to prevent the sale of milk and the products of milk drawn from diseased animals; to prevent the spread of infectious and contagious diseases common to stock. [Stats. 1899, p. 171.] Repealed 1905, p. 467. See ante, Act 1944.

ACT 1957.

TITLE 150.
DAVISVILLE.

To prevent hogs and goats running at large in. [Stats. 1873-74, p. 82.J See § 9, Stats. 1897, p. 198; Stats. 1901, p. 603, §§ 9, 10.

TITLE 151.
DEADLY WEAPONS.

ACT 1967.

To prevent the improper and criminal use of deadly weapons. [Stats. 1855, p. 268.]

Superseded by Penal Code, § 417.

ACT 1968.

An act providing for the registration of the purchasers of pistols; and providing for the punishment of dealers neglecting to register such purchasers.

[Approved March 6, 1909. Stats. 1909, p. 163.]

See the Act of 1923, p. 695, post, Act 1970.

§ 1. Registration required. § 2. Penalty.

§ 1. Registration required. Every person engaged in the business of selling at retail pistols shall keep a register in which shall be entered the name, age, occupation and residence (if residing in a city then the street number of such residence) of each and every purchaser of such pistols, together with the number or other mark of identification if any on such pistol, which said register shall be open to the inspection of all peace officers at all times.

§ 2. Penalty. Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall on conviction be fined a sum not to exceed fifty dollars or in default of the payment of said fine shall be imprisoned in the county jail not to exceed one day for each two dollars of said fine.

ACT 1969.

An act relating to and regulating the carrying, possession, sale or other disposition of firearms capable of being concealed upon the person; prohibiting the possession, carrying, manufacturing and sale of certain other dangerous weapons and the giving, transferring and disposition thereof to other persons within this state; providing for the registering of the sales of firearms; prohibiting the carrying or possession of concealed weapons in municipal corporations; providing for the destruction of certain dangerous weapons as nuisances and making a felony to use or attempt to use certain dangerous weapons against another. [Approved May 4, 1917. Stats. 1917, p. 221. In effect July 27, 1917.]

Repealed 1923; Stats. 1923, p. 702, § 17. See next act.

This act is constitutional: People v. Smith, 36 Cal. App. 88, 171 Pac. 696; In re Dare, 176 Cal. 83, 168 Pac. 19.

ACT 1970.

An act to control and regulate the possession, sale and use of pistols, revolvers and other firearms capable of being concealed upon the person; to prohibit the manufacture, sale, possession or carrying of certain other dangerous weapons within this state; to provide for registering all sales of pistols, revolvers or other firearms capable of being concealed upon the person; to prohibit the carrying of concealed firearms except by lawfully authorized persons; to provide for the confiscation and destruction of such weapons in certain cases; to prohibit the ownership, use, or possession of any of such weapons by certain classes of persons; to prescribe penalties for violations of this act and increased penalties for repeated violations hereof; to authorize, in proper cases, the granting of licenses or permits to carry firearms concealed upon the person; to provide for licensing retail dealers in such firearms and regulating sales thereunder; and to repeal chapter one hundred forty-five of California statutes of 1917, relating to the same subject.

[Approved June 13, 1923. Stats. 1923, p. 695.]

§ 1.

§ 2.

§ 3.

§ 4.

§ 5.

§ 6. § 7.

§ 8.

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9.

§ 10.

§ 11.

12.

Manufacture, sale, carrying, etc., certain dangerous weapons prohibited.

Aliens and felons must not possess certain firearms.

Committing felony while carrying dangerous weapon. Evidence.
No probation or suspension of sentence.

Carrying certain firearms without license. Exceptions.
Police officers, soldiers, etc., excepted.

Nuisances. Destruction of weapons.

Licenses to carry firearms. Applications. Record.

Dealers' registers. Cost. Signatures. Disposition of duplicate sheets. Penalty.

Restrictions on transfer of certain firearms.

Local licenses for sale of certain firearms.

Penalty for dealing in certain firearms without license. §13. Tampering with marks on certain firearms. Penalty.

§ 14. Expiration of current licenses.

§ 15. Antique pistols, etc.

§ 16. Constitutionality.

§ 17. Stats. 1917, p. 221, repealed.

§ 1. Manufacture, sale, carrying, etc., certain dangerous weapons prohibited. On and after the date upon which this act takes effect, every person who within the state of California manufactures or causes to be manufactured, or who imports into the state, or who keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any instrument or weapon of the kind commonly known as a blackjack, slung-shot, billy, sandclub, sandbag, or metal knuckles, or who carries concealed upon his person any explosive substance, other than fixed ammunition, or who carries concealed upon his person any dirk or dagger, shall be guilty of a felony and upon a conviction thereof shall be punishable by imprisonment in a state prison for not less than one year nor for more than five years.

§ 2. Aliens and felons must not possess certain firearms. On and after the date upon which this act takes effect, no unnaturalized foreign born person and no person who has been convicted of a felony against the person or property of another or against the government of the United States or of the state of California or of any political subdivision thereof shall own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person. The terms "pistol," "revolver," and "firearms capable of being concealed upon the person" as used in this act shall be construed to apply to and include all firearms having a barrel less than twelve inches in length. Any person who shall violate the provisions of this section shall be guilty of a felony and upon conviction thereof shall be punishable by imprisonment in a state prison for not less than one year nor for more than five years.

§ 3. Committing felony while carrying dangerous weapon. Evidence. If any person shall commit or attempt to commit any felony within this state while armed with any of the weapons mentioned in section one hereof or while armed with any pistol, revolver or other firearm capable of being concealed upon the person, without having a license or permit to carry such firearm as hereinafter provided, upon conviction of such felony or of an attempt to commit such felony, he shall in addition to the punishment prescribed for the crime of which

he has been convicted, be punishable by imprisonment in a state prison for not less than five nor for more than ten years. Such additional period of imprisonment shall commence upon the expiration or other termination of the sentence imposed for the crime of which he stands convicted and shall not run concurrently with such sentence. Upon a second conviction under like circumstances such additional period of imprisonment shall be for not less than ten years nor for more than fifteen years, and upon a third conviction under like circumstances such additional period of imprisonment shall be for not less than fifteen nor for more than twenty-five years, such terms of additional imprisonment to run consecutively as before. Upon a fourth or subsequent conviction under like circumstances the person so convicted may be imprisoned for life or for a term of years not less than twenty-five years, within the discretion of the court wherein such fourth or subsequent conviction was had.

In the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any of the weapons mentioned in section one hereof, or while armed with any pistol, revolver or other firearm capable of being concealed upon the person, without having a license or permit to carry such firearm as hereinafter provided, the fact that he was so armed shall be prima facie evidence of his intent to commit such felony.

§ 4. No probation or suspension of sentence. In no case shall any person punishable under the preceding sections of this act be granted probation by the trial court, nor shall the execution of the sentence imposed upon such person be suspended by the court.

§ 5. Carrying certain firearms without license. Exceptions. Except as otherwise provided in this act, it shall be unlawful for any person within this state to carry concealed upon his person or within any vehicle which is under his control or direction any pistol, revolver or other firearm capable of being concealed upon the person without having a license to carry such firearm as hereinafter provided in section eight hereof. Any person who violates the provisions of this section shall be guilty of a misdemeanor, and if he has been convicted previously of any felony, or of any crime made punishable by this act, he is guilty of a felony.

This section shall not be construed to prohibit any citizen of the United States, over the age of eighteen years, who resides or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by section two hereof, from owning, possessing or keeping within his place of residence or place of business any pistol, revolver or other firearm capable of being concealed upon the person, and no permit or license to purchase, own, possess or keep any such firearm at his place of residence or place of business shall be required of any such citizen. Firearms carried openly in belt holsters shall not be deemed to be concealed within the meaning of this section, nor shall knives which are carried openly in sheaths suspended from the waist of the wearer.

§ 6. Police officers, soldiers, etc., excepted. Nothing in the preceding section shall be construed to apply to or affect sheriffs, constables, marshals, policemen, whether active or honorably retired, or other duly appointed peace officers, nor to any person summoned by any such

officers to assist in making arrests or preserving the peace while said person so summoned is actually engaged in assisting such officer; nor to the possession or transportation by any merchant of unloaded firearms as merchandise; nor to members of the army, navy, or marine corps of the United States, or the national guard, when on duty, or to organizations which are by law authorized to purchase or receive such weapons from the United States, or from this state; nor to duly authorized military or civil organizations while parading, nor to the members thereof when going to and from the places of meeting of their respective organizations; nor to members of any club or organization now existing, or hereafter organized, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in this act upon such target ranges, or while going to and from such ranges; or to licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from such hunting or fishing expedition.

§ 7. Nuisances. Destruction of weapons. The unlawful concealed carrying upon the person or within the vehicle of the carrier of any dirk, dagger, pistol, revolver, or other firearm capable of being concealed upon the person, is a nuisance. Any such weapons taken from the person or vehicle of any person unlawfully carrying the same are hereby declared to be nuisances, and shall be surrendered to the magistrate before whom said person shall be taken, except, that in any city, city and county, town or other municipal corporation the same shall be surrendered to the head of the police force or police department thereof. The officers to whom the same may be so surrendered, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the preservation thereof is necessary or proper to the ends of justice, shall annually, between the first and tenth days of July, in each year, destroy or cause to be destroyed such weapons to such extent that the same shall become and be wholly and entirely ineffective and useless for the purpose for which it was manufactured; provided, however, that in the event any such weapon has been stolen and is thereafter recovered from the thief or his transferee, the same shall not be destroyed but shall be restored to the lawful owner thereof, so soon as its use as evidence has been served, upon his identification of the weapon and proof of ownership thereof. Blackjacks, slungshots, billies, sandclubs, sandbags and metal knuckles are hereby declared to be nuisances and shall be subject to confiscation and summary destruction whenever found within the state; provided, that upon the certificate of a judge or of the district attorney that the ends of justice will be subserved thereby, such weapon shall be preserved until the necessity for its use ceases. § 8. Licenses to carry firearms. Applications. Record. It shall be lawful for the sheriff of a county, and the board of police commissioners, chief of police, city marshal, town marshal, or other head of the police department of any city, city and county, town, or other municipal corporation of this state, upon proof before said board, chief, marshal or other police head, that the person applying therefor is of good moral character, and that good cause exists for the issuance thereof, to issue to such person a license to carry concealed a pistol, revolver or other firearm for a period of one year from the date of

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