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Cal. Penal Code § 16520 (2026)

✓ current as of May 2026
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(a)As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

(b)As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

(1)Section 136.2.

(2)Section 646.91.

(3)Sections 16515 and 16517.

(4)Section 16550.

(5)Section 16730.

(6)Section 16960.

(7)Section 16990.

(8)Section 17070.

(9)Section 17310.

(10)Sections 18100 to 18500, inclusive.

(11)Section 23690.

(12)Sections 23900 to 23925, inclusive.

(13)Commencing on July 1, 2026, Sections 25250 to 25275, inclusive.

(14)Sections 26500 to 26590, inclusive.

(15)Sections 26600 to 27140, inclusive.

(16)Sections 27200 to 28490, inclusive.

(17)Sections 29010 to 29150, inclusive.

(18)Section 29185.

(19)Sections 29610 to 29750, inclusive.

(20)Sections 29800 to 29905, inclusive.

(21)Sections 30150 to 30165, inclusive.

(22)Section 31615.

(23)Sections 31700 to 31830, inclusive.

(24)Sections 34355 to 34370, inclusive.

(25)Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure.

(26)Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code.

(27)Section 15657.03 of the Welfare and Institutions Code.

(c)As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:

(1)Section 16750.

(2)Subdivision (b) of Section 16840.

(3)Section 25400.

(4)Sections 25850 to 26025, inclusive.

(5)Subdivisions (a), (b), and (c) of Section 26030.

(6)Sections 26035 to 26055, inclusive.

(d)As used in the following provisions, “firearm” does not include an unloaded antique firearm:

(1)Section 16730.

(2)Section 16550.

(3)Section 16960.

(4)Section 17310.

(5)Subdivision (b) of Section 23920.

(6)Section 25135.

(7)Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.

(8)Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.

(9)Sections 26500 to 26588, inclusive.

(10)Sections 26700 to 26915, inclusive.

(11)Section 27510.

(12)Section 27530.

(13)Section 27540.

(14)Section 27545.

(15)Sections 27555 to 27585, inclusive.

(16)Sections 29010 to 29150, inclusive.

(17)Section 29180.

(e)As used in Sections 34005 and 34010, “firearm” does not include a destructive device.

(f)As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.

(g)As used in Sections 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon.

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 2013–2024 · leading case: Jordan Gallinger v. Xavier Becerra, 898 F.3d 1012 (9th Cir. 2018).
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Jordan Gallinger v. Xavier Becerra, 898 F.3d 1012 (9th Cir. 2018). “6 SB 707 defines “firearm” by reference to California Penal Code § 16520(a)–(d). See Cal.”
United States v. Eligio Munoz, 57 F.4th 683 (9th Cir. 2023). · cites it 4× “” Cal. Penal Code § 16520 (a). The district court necessarily found that the Polymer80 qualified as a firearm under this definition UNITED STATES V.”
State v. Enriquez, 2024 ND 164 (N.D. 2024). “§ 921 (3); Ariz. Rev. Stat. Ann. § 13 - 3101(4) (2019) (but “does not include a firearm in permanently inoperable condition”); Ark.”
State v. Craddick, 311 P.3d 1157 (Kan. Ct. App. 2013). “” Cal. Penal Code § 16520 (a) (2012). California appellate courts have held that “ Toy guns obviously do not qualify as a “firearm,” nor do pellet guns or BB guns because, instead of explosion or other combustion, they use the force of air pressure, gas pressure, or spring…”
State v. Enriquez, 2024 ND 164 (N.D. 2024). “§ 921 (3); Ariz. Rev. Stat. Ann. § 13 - 3101(4) (2019) (but “does not include a firearm in permanently inoperable condition”); Ark.”
People v. Williamson CA5 (Cal. Ct. App. 2016). · cites it 2× “” As applicable to this statute, “ ‘firearm’ means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.”
People v. Silberman CA5 (Cal. Ct. App. 2016). “(Pen. Code, § 16520, subds. (b), (d).) Given the separate nature of possessing a firearm and possessing ammunition, we cannot accept appellant’s invitation to extend the boundaries of the momentary possession defense to excuse possession of an unloaded firearm simply because the…”
People v. Medlock CA2/8 (Cal. Ct. App. 2016). “(Pen. Code, § 16520 [“ ‘firearm’ means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion”]; see also People v.”
State v. Enriquez, 2024 ND 164 (N.D. 2024). “§ 921 (3); Ariz. Rev. Stat. Ann. § 13 - 3101(4) (2019) (but “does not include a firearm in permanently inoperable condition”); Ark.”
(HC) Simmons v. Allison (E.D. Cal. 2024). “Defense Case 8 Petitioner’s defense was that the gun used in the first robbery was not a firearm as defined 9 by Cal. Penal Code § 16520 (a). The defense firearms expert testified that it could not be 10 determined from the surveillance footage of the first robbery whether the…”
In Re K.H. ca1/3 (Cal. Ct. App. 2015). “” (Pen. Code, § 16520, subd. (a).) To the contrary, toy guns or guns such as pellet or BB guns do not qualify as a “firearm” because they use the force of air pressure, gas pressure, or spring action to expel a projectile rather than an explosion or other form of combustion.”
— Cal. Penal Code § 16520(a) — 2 cases
Jordan Gallinger v. Xavier Becerra, 898 F.3d 1012 (9th Cir. 2018). “6 SB 707 defines “firearm” by reference to California Penal Code § 16520(a)–(d). See Cal.”
United States v. Eligio Munoz, 57 F.4th 683 (9th Cir. 2023). “” Cal. Penal Code § 16520 (a). The district court necessarily found that the Polymer80 qualified as a firearm under this definition UNITED STATES V.”
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