DOJ Firearms Division
Regulations of the Department of Justice Pertaining
to Dangerous Weapons
California Code of Regulations
Title 11. Law, Division 1. Attorney General, Chapter 12.5. Dangerous Weapons
Article 1. General Provisions
§ 970. Title.
This subchapter shall be known as the "Department of Justice Regulations on Dangerous Weapons," may be cited as such and are referred to herein as "these regulations."
Note
Authority cited: Sections 12095, 12230, 12250, 12350 and 12306, Penal Code. Reference: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 970.1. Scope.
The provisions of these regulations shall apply to the possession, transportation, and/or sales of dangerous weapons as defined in section 971 of these regulations.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
Article 2. Definitions
§ 971. Definition of Key Terms.
(a) The term, "Department," means the Department of Justice of the State of California.
(b) The term, "Director," means the Director of the Division of Law Enforcement,
Department of Justice, State of California.
(c) The term, "Administrative Hearing Officer," means an employee of the Department
designated by the Director. The hearing officer so designated shall not have
participated in the decision to grant, deny, or revoke the permit or license that is the
subject of a hearing before him/her.
(d) The term, "machine gun license," means a license to sell machine guns at retail
pursuant to Penal Code section 12250.
(e) The term, "machine gun permit," means a permit to possess and transport machine
guns pursuant to Penal Code section 12230.
(f) The term, "destructive device permit," means a permit to collect, possess and
transport or conduct business in destructive devices pursuant to Penal Code sections
12305 and 12306.
(g) The term, "short-barreled shotgun or short-barreled rifle permit," means a permit
issued pursuant to Penal Code section 12095.
(h) The term, "licensee," means a person holding a machine gun license defined in
subsection (d) of this section.
(i) The term "assault weapon permit" means a permit issued pursuant to Penal Code
Section 12286.
(j) The term, "permittee," means a person holding a permit defined in subdivisions (e),
(f), (g) and (i) of this section.
(k) The term, "collector" means a person holding a destructive device permit who collects
destructive devices as a hobby and not a business.
(l) The term, "applicant" means any person who submits the required documentation,
proper application forms, and appropriate fees for a dangerous weapons
permit/license.
(m) The term "dangerous weapons" means machine guns as defined in Penal Code section
12200, destructive devices as defined in Penal Code section 12301, short-barreled
shotguns and short-barreled rifles as defined in Penal Code section 12020, and assault
weapons as defined in Penal Code section 12276.
(n) The term "conditions" means express terms that appear on the face of each permit
issued by the Department. These are conditions or limitations such as time, place and
circumstances that permittees shall comply with to retain their permits.
(o) The term, "market necessity," means a non-personal commercial need for dangerous
weapons which is not being satisfied in the existing market place.
(p) The term, "public necessity," means a need for dangerous weapons to be used in
government sanctioned training or activities or a need for repair and maintenance of
dangerous weapons owned by public agencies.
Note
Authority cited: Sections 12095, 12200, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12020, 12095, 12096, 12200, 12230, 12231, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
2. Amendment filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
Article 3. Licenses and Permits
§ 972. General.
(a) Except as provided in sections 12285, 12288 and 12290 of the Penal Code, no person
shall possess, transport, or sell any dangerous weapon in this state unless he/she has
been granted a permit and/or license pursuant to these regulations.
(b) No permit or license shall be issued to any applicant who fails to establish good cause
for such permit or license and that such permit or license would not endanger the
public safety.
(c) To establish good cause, an applicant must provide the Department with clear and
convincing evidence that there is a bona fide market or public necessity for the
issuance of a dangerous weapons permit or license and that the applicant can satisfy
that need without endangering public safety. Except as provided by Penal Code
Section 12095, good causes recognized by the Department to establish a bona fide
necessity for issuance of dangerous weapons permits or licenses include the
following:
(1) Retail sales.
(2) Training, research and development pursuant to government contract.
(3) Use as props in commercial motion picture or television production.
(4) Possession for the purpose of maintaining a collection of destructive devices as
defined in Penal Code section 12301 but such possession shall not be allowed
for short-barreled shotguns, short-barreled rifles, machine guns or assault
weapons.
(5) Repair and maintenance of dangerous weapons lawfully possessed by others.
(6) Use of assault weapons in activities sanctioned by law enforcement agencies or
government military agencies by members of those agencies.
(d) No permit or license shall be issued to any applicant who fails to comply with local
zoning restrictions or local fire-protective services regulations or ordinances.
(e) The Department shall provide a notice of each permit or license issued to the Chief of
Police or Sheriff having jurisdiction over the licensee or permittee's location. Copies
of outstanding licenses and permits shall be provided to the Chief or Sheriff of
jurisdiction upon request.
Note
Authority cited: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
2. Amendment filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 972.1. Limited Term Permits/Licenses; Conditions.
(a) Limited term permits/licenses (less than one year) may be granted to provide for
lawful possession until the Department has issued a decision on an application to
renew a permit/license if that determination has taken longer than 30 days or for the
purpose of using weapons for a limited term during a motion picture or television
production. Limited term permits may also be issued when a background
investigation has not yet been completed or before a background investigation has
been initiated if the applicant is working under a valid federal defense contract.
(b) In addition, permits shall stipulate any conditions or limitations that apply on their
face.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections12095, 12230, 12231, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 972.2. Record Keeping.
(a) Licensees or permittees authorized to sell dangerous weapons shall maintain records
to show proof of doing business. Records shall include expressions of interest in
purchasing weapons, records of sales and demonstrations, advertising copy, copies of
invoices and other business transactions, and records of all transportation actions
involving the weapons in inventory. All records of sales, transfers or acquisitions,
including manufacture, shall contain a description of the dangerous weapon that
identifies it uniquely, including all identification marks and the full name, address and
permit number or other authorization of all parties to the transaction.
(b) All records described in paragraph (a) shall be made available to any peace officer or
other persons designated by the Attorney General upon request.
Note
Authority cited: Sections 12095, 12097, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12097, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
2. Amendment filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 972.3. Disposition of Trade-In Machine Guns.
(a) A licensee who takes trade-in machine guns in the process of a sale of contemporary
weapons, shall lawfully dispose of such weapons within eighteen months.
(1) The licensee may apply for a longer period of retention by supplying the
Department with an expression of interest by a qualified purchaser.
(2) In no event shall such a machine gun be retained for a total of more than two years.
(b) The licensee shall be able to provide written documentation that the transfer was
concluded. Failure to dispose of such machine guns may result in revocation of the
machine gun permit/license.
Note
Authority cited: Sections 12250 and 12251, Penal Code. Reference: Sections 12250 and 12251, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
Article 3.5. Documentation of Necessity
§ 972.4. Retail Sales.
(a) Documentation required to determine bona fide necessity for sales and demonstration
for the purpose of sales of dangerous weapons includes the following:
(1) A list of counties in California where the applicant plans to sell dangerous
weapons.
(2) Expressions of interest from a chief of police or designee, sheriff or designee, or
head of a government agency or designee in each specified county indicating the
number and type of dangerous weapons they plan to buy during the next 18
months and a statement that the agency will consider purchasing dangerous
weapons from the applicant.
(3) The number of demonstrations the applicant intends to conduct, the specific
agencies to which the applicant intends to demonstrate, and the number/type of
dangerous weapons to be used in the demonstrations.
(4) The number/type of dangerous weapons the applicant plans to have in his
inventory for demonstrations, and a statement indicating whether these weapons
are for sale.
(5) A plan to notify law enforcement or government agencies concerning
demonstrations and/or sales.
(6) Letters from manufacturers authorizing an applicant to represent their
dangerous weapons for sale.
(7) A list of manufacturers, makes, and models of dangerous weapons that the
applicant plans to market.
(8) A plan to deliver dangerous weapons once a sale is made.
(9) A plan for the disposal of dangerous weapons taken in trade.
(10) A history of the applicant's experience in the handling and demonstrations of
dangerous weapons.
(b) Applicants for permits to possess dangerous weapons for sale must also provide
evidence of a current Federal Firearms License (FFL), local business license, and
current seller's permit issued by the State Board of Equalization.
Note
Authority cited: Sections 12095, 12230, 12250, 12286, 12290 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286, 12290 and 12305, Penal Code.
History
1. New section filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
2. Editorial correction of article heading (Register 95, No. 14).
§ 972.5. Training, Research and Development.
(a) Documentation required to determine bona fide necessity for training, research and
development of dangerous weapons pursuant to Government contract includes the
following:
(1) Current copies of government agency contracts.
(2) Detailed statements of objectives of the training or research and development
including time frames of the effort and a projected completion date.
Note
Authority cited: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 972.6. Commercial Motion Picture/Television Productions.
(a) Documentation required to determine bona fide necessity for possession of dangerous
weapons for motion picture/television productions includes the following:
(1) If an agent of a studio, the applicant must provide a letter of need and
verification of employment from the studio.
(2) If an agent of a rental company or an independent property master, the applicant
must provide letters of interest from the studios.
Note
Authority cited: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 972.7. Collection of Destructive Devices.
(a) Documentation required to determine bona fide necessity for collecting destructive
devices includes the following:
(1) A written statement from applicant certifying that he is a bona fide collector for
use in a public display. The statement must include the weapons or ordinance of
interest to the collector, an estimate of the intended size of the collection, and a
statement that the applicant will or will not engage in sales or trading activity.
(2) A written statement from applicant certifying that the weapon or ordinance will
not be fired or discharged.
Note
Authority cited: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 972.8. Repair and Maintenance.
(a) Documentation required to determine bona fide necessity for repair of dangerous
weapons includes the following:
(1) The applicant must provide evidence of expertise in the specific weaponry (i.e.,
educational certificates/diplomas, employment history, experience).
(2) Letters of interest must be provided from individuals/agencies indicating a need
for applicant to repair or maintain their weaponry.
Note
Authority cited: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 972.9. Activities Sanctioned by Law Enforcement/Military--Assault Weapons.
(a) Documentation required to determine bona fide necessity for use of personal assault
weapons by law enforcement or military personnel in sanctioned activities includes
the following:
(1) A current copy of the applicant's official identification card.
(2) If in the military, the applicant must provide a letter, signed by the applicant's
Base Commander, stating that such a need exists.
(3) If a law enforcement officer, the applicant must provide a letter, signed by the
chief law enforcement officer of the agency employing the applicant, stating
that such need exists.
Note
Authority cited: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
Article 4. Investigations
§ 973. General.
The Department shall conduct investigations of applicants for dangerous weapon
permits/licenses to establish grounds for the issuance or denial of the application as follows:
(a) Related Persons. Additional persons who may be investigated are:
(1) Persons with 10 percent or more interest in the permittee/licensee's business.
(2) Persons with authority to make management decisions for the
permittee/licensee.
(3) Persons who have access to the dangerous weapon(s).
(b) Applicant's Business Role and/or Control of the Business. The following areas may
be investigated concerning the applicant's business role and/or control of the business:
(1) Primary function of the business.
(2) Law enforcement's comments on the business.
(3) Applicant's financial interest in the business and source of funds.
(4) Applicant's role in and/or control of the business.
(5) Spouse's association with the business.
(c) Applicant's Personal Qualifications. The following areas may be investigated
concerning the applicant's personal background:
(1) Character assessment by personal and/or business acquaintances and appropriate
law enforcement and government agencies.
(2) Criminal history and driving record.
(3) Military record.
(4) Past employment or expertise related to the weapon to be covered by the
requested permit/license.
(5) Medical history.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12050, 12095, 12230, 12250, 12305 and 12306, Penal Code; and Sections 1100, 1101, 1102, 1103 and 1105, Evidence Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 973.1. Investigation of New Information.
Each applicant and permittee/licensee shall provide written notification to the Department of any change in the information required on the application forms within 10 days of the time that the change occurred. An investigation concerning any such change in information may be conducted.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
Article 5. Security Requirements
§ 974. General.
The Department shall conduct investigations of facilities and vehicles to determine the
applicant's compliance with security standards.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 974.1. Security.
The following is a description of required security for storing and transporting machine guns, short-barreled shotguns, short-barreled rifles, and destructive devices other than deactivated weapons. The applicant is not expected to have the complete security in place at the time of the background investigation. Upon completion of the background investigation, the applicant shall
have 6 months to comply with security measures. The Department shall notify the applicant at
the beginning of the six month period. Applicants who cannot complete efforts to comply with
security standards because of extenuating circumstances may be granted up to a one year
extension. Requests for an extension shall be made in writing.
(a) Exterior Building Security Requirements
(1) All perimeter doors to the building shall be solid core and have dead-bolt locks
or the equivalent. Sliding glass doors shall have steel window guards or be
connected to an audible or silent alarm to detect entry.
(2) All direct entries into the interior storage room from the exterior of the
building, including windows and skylights, require steel window guards (not
recommended for private residences), or audible, silent or sonic alarm to detect
entry, or 24-hour security guard service.
(3) If the weapon(s) will be stored at a location different from the principal place of
business, or at the applicant's residence and that residence is rented/leased, the
applicant shall submit written approval from the owner and the location shall
meet all specified exterior and interior security requirements.
(4) When the size of the weapon(s) prohibits storage in a residence or room of a
business, the weapon shall be permanently secured to prohibit easy removal, and
the firing mechanism and any ammunition shall be removed and stored in a
separate locked room, cabinet, or box in an area separate from the storage area
for the weapon.
(b) Interior Building Security Requirements
(1) The weapon(s) shall be stored in a separate room away from any general living
area or work area. Destructive device collectors may display historic, antique or
curio weapons in a general living or work area provided such weapons have
been disabled by removal of firing mechanisms which shall be stored separately
in a safe or equivalent high security storage area.
(2) All doors leading into the storage room shall be solid core with a dead-bolt lock
or the equivalent and be locked while unattended, or the weapon(s) shall be
stored in an anchored, locked metal box in the room. Anchored is defined as
permanently mounted to the floor or having a gross weight of 1,000 pounds or
more so that heavy equipment or tools would be required to remove the box.
(3) Any ammunition shall be removed and stored in a separate and locked room,
cabinet or box away from the storage area for the weapon. Ammunition may be
stored with a weapon if locked in a safe.
(c) Security Requirements for Transporting Machine Guns and Short-Barreled
Shotguns/Rifles
(1) Machine guns, short-barreled shotguns and short-barreled rifles shall be
transported in a locked metal container or the equivalent which is bolted to the
floor of the vehicle's trunk or securely fastened to the floor in the passenger
compartment of the vehicle to prevent unauthorized access. The vehicle shall be
locked at all times while unattended.
(2) All locking devices shall be in good operating condition.
(d) Security Requirements for Transporting Destructive Devices
(1) When size or quantity of the weapon(s) permits storage inside the vehicle:
(A) The weapon(s) shall be transported either concealed in the locked storage
area of the vehicle, or in a locked metal box or the equivalent which is
bolted to the floor of the vehicle. The vehicle shall be locked at all times
while unattended.
(B) All locking devices shall be in good operating condition.
(2) When size or quantity of the weapon(s) prohibits storage inside the vehicle:
(A) If the weapon is transported exposed on a pick-up truck or other vehicle, a
locking device connecting the weapon to the vehicle is required. The
locking mechanism shall be able to resist common tools such as bolt
cutters, hammers and cold chisels.
(B) If the weapon is transported on a trailer, the weapon shall be locked to the
trailer and the trailer locked to the vehicle at all times while unattended.
The locking mechanism shall be able to resist common tools such as bolt
cutters, hammers and cold chisels.
(C) If the weapon is mounted on its own axle, the trailer hitch or tongue shall
have a locking device connected to the vehicle at all times while
unattended. The locking mechanism shall be able to resist common tools
such as bolt cutters, hammers and cold chisels.
(D) If a padlock is used to secure a weapon, it shall be secured with a high
security, case-hardened, large shackle padlock which is in good operating
condition.
(E) A special event permit may be granted to historical societies, civic
organizations or collectors requesting such permits to waive transportation
security requirements for the purpose of allowing the authentic display of
historic, antique, curio destructive devices in patriotic, historic, civic or
cultural events.
Note
Authority cited: Sections 12095, 12230, 12250 and 12305, Penal Code. Reference: Sections 12095, 12230, 12250 and 12305, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
2. Amendment filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
Article 6. Forms, Processing Time, Renewals, Fees, Denials,
Revocations
§ 975. Forms.
(a) An applicant shall submit an individual application form for each type of
permit/license being requested. The following are the three different permit/license
forms that are available for filing with the Department to initiate a background
investigation.
(1) Machine Gun Permit/License--BJIS 8332 (Rev. 1986)
(2) Destructive Device Permit--BJIS 8331 (Rev. 1986)
(3) Short-Barreled Shotgun/Short-Barreled Rifle Permit--BJIS 8330 (Rev. 1989)
(4) Assault Weapon Permit--BJIS 8336 (1989)
(b) In addition to the form listed in subsection (a) each applicant shall complete and file
with the Department the following forms to facilitate a background investigation:
(1) Applicant/Business History for Dangerous Weapons Permit and/or
License--BJIS 8343. (Rev. 1987)
(2) Applicant Fingerprint Card--BID 7. (Rev. 1986)
(c) The forms require the applicant to provide the following information: personal
descriptive data, business history information and any criminal history background.
(d) The Department shall provide any form described in this section to an applicant upon
request.
Note
Authority cited: Sections 12096, 12231, 12250, 12286 and 12305, Penal Code. Reference: Sections 12096, 12231, 12250, 12286 and 12305, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
2. Amendment filed 12-29-89; operative 1-1-90 (Register 90, No. 2).
§ 975.1. Processing Time.
(a) In accordance with section 15376 of the Government Code, the following time
standards apply to the processing of Dangerous Weapons Permits and Licenses:
(1) Within 14 days after the date of receipt of an application, the Department shall
either inform the applicant, in writing, that the application is complete and
accepted for filing, or return the application as deficient and specify what
information is required.
(2) Within 120 days from the date of receipt of a completed application, the
Department shall reach a permit/license decision unless time is waived by the
applicant.
(b) The Department's minimum, maximum and median times for processing a permit,
from the date of receipt of an initial application to the final permit decision, based on
the agency's actual performance during the two years immediately proceeding these
regulations, are:
(1) Minimum time: 30 days
(2) Maximum time: 270 days
(3) Median time: 120 days
Note
Authority cited: Section 15376, Government Code. Reference: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 975.2. Renewal of Permit/License.
(a) Application for renewal of permit/license shall be made not less than 30 days prior to expiration of the permit/license.
(b) A penalty of 50% of the permit/license fee shall be assessed in cases where the
renewal fee is not paid on or before 30 days prior to expiration of the permit/license.
(c) An application for renewal of a permit/license may be denied for any of the reasons
listed under sections 975.4 and 975.5, and may include lack of any reasonable effort
to sell machine guns or destructive devices or lack of any reasonable effort to supply
or use weapons for or in motion picture or television productions during the
permit/license year.
(d) At renewal time:
(1) A licensee or destructive device permittee dealing in the sale of weapons, shall
provide a list of sales, sales solicitations, and demonstrations made during the
past licensing year that includes purchasing agency, number of weapons sold,
name of agencies demonstrated to, and current inventory. If sales are not made,
permittees/licensees shall provide appropriate documents showing business
activities. Such documents may include business correspondence which will
show any reasonable effort to sell dangerous weapons.
(2) Persons having permits for providing weapons for use in motion pictures or
television productions shall provide expressions of interest from producers,
directors or other clients and examples of any credits or productions worked
during the past year. Persons attempting to establish a business in this area who
have not yet been retained by clients shall provide copies or business
correspondence or other evidence of their activities which they deem will show
reasonable efforts to supply weapons for use in motion picture or television
productions.
(3) Persons having permits as bona fide collectors of destructive devices shall
provide their weapon inventory at the end of the year. Failure to provide this
information may result in the Department denying renewal of the permit.
(4) As used in this subsection, the term year means the year immediately
proceeding the date of application for renewal.
(e) If the Department denies renewal of a permit/license, the Department shall provide
the permittee/licensee with a Notice of Denial of Renewal which shall specify the
causes on which the denial of renewal is based within ten calendar days from the
effective date of denial. The Department shall not add any additional causes to a
notice that has been transmitted to a licensee/permittee but it may, transmit an
amended notice with additional causes on which the denial of renewal is based.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 975.3. Fees.
(a) Each application for a permit/license shall be accompanied with the appropriate fee. For fiscal year 1987/88 the appropriate fees are as follows:
(1) New Application:
(A) Basic fee $121.50.
(B) When more than one permit/license is applied for at the same time, a fee of
$6.75 is required for each additional permit/license requested by the
applicant.
(2) Renewal Application:
(A) Basic fee $44.50.
(B) When more than one renewal is applied for at the same time, a fee of
$6.75 is required for each additional renewal requested by the applicant.
(b) The Department shall review and adjust the fees annually pursuant to Penal Code
sections 12096, 12231, 12250, 12305 and 12306 and establish a schedule of those
fees.
Note
Authority cited: Sections 12096, 12231, 12250, 12305 and 12306, Penal Code. Reference: Sections 12096, 12231, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 975.4. Denial of Application, Reasons, Reconsideration.
(a) Applications for permits/licenses shall be denied for the following reasons:
(1) Applicant fails to establish good cause for issuance of the permit or license.
(2) Applicant does not meet security requirements.
(3) Applicant makes false statements on application.
(4) Applicant fails to establish that issuance of the permit or license would not
endanger the public safety.
(5) Applicant fails to notify the Department of any changes in information as
required by section 973.1.
(b) When an application is denied, the applicant may file, within 30 days, a written
request for reconsideration by an Administrative Hearing Officer. Such request may
include any and all evidence and legal arguments which applicant feels is relevant to a
reconsideration of the application. The Department shall provide the applicant with a
written notice of its final decision within 60 days of the time the request for
reconsideration is filed.
(c) When an application is denied after reconsideration a new application may be filed
pursuant to section 975.6.
Note
Authority cited: Sections 12095, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12233, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 975.5. Revocation of Permit/License, Reasons.
(a) A permit/license may be revoked anytime during the permit/license year when it is
determined the permittee/licensee is no longer eligible, a legitimate need no longer
exists, or the permit/license has been misused. Reasons for revocation of permit
and/or license include, but are not limited to:
(1) The permittee/licensee is arrested for an offense which prohibits possession of
the permit/license weapon(s).
(2) The permittee/licensee uses the weapon(s) for purposes other than
permitted/licensed.
(3) The permittee/licensee fails to engage in business or violates conditions
stipulated in the permit/license.
(4) The permittee/licensee fails to keep or provide records of sales and/or
demonstrations, if applicable.
(5) The permittee/licensee fails to provide required security.
(6) The permittee/licensee fails to notify the Department of any changes in
information as required in section 973.1.
(7) Permittee/licensee violates any law punishable as a felony.
(8) Any reason which would be grounds for denial of an application pursuant to
section 975.4.
Note
Authority cited: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 975.6. Waiting Period.
An applicant whose permit/license was either denied or revoked may reapply after one year has elapsed from date of denial/revocation except those persons prohibited from possessing firearms under State or Federal law. The waiting period may be shortened upon a showing of good cause.
Note
Authority cited: Sections 12095, 12098, 12230, 2250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
Article 7. Appeal Process
§ 976. Notice of Revocation or Notice of Denial of Renewal.
(a) The Department shall provide the permittee/licensee with a Notice of Intent to
Revoke which shall specify all causes on which the revocation is based. Notice shall
be provided by personal service, certified or registered mail.
(b) A permittee/licensee who has ben served with a Notice of Intent to Revoke or a
Notice of Intent to Deny a Renewal may file, within 30 days, a written answer to the
notice, which answer shall be deemed a denial of all of the allegations in the notice
not expressly admitted.
(c) A permittee/licensee may request a hearing in his/her answer to the notice or no later
than 60 days from the date of Notice of Revocation or Notice of Denial of Renewal. If
a hearing is requested, the Department shall take no revocation action until
completion of hearing proceedings pursuant to section 976.4 of these regulations.
(d) Failure to make a written request for a hearing within the time period specified in (b)
constitutes a waiver of the right to a hearing.
(e) If the permittee/licensee fails to answer within the time specified in (b) or, after
answer, withdraws his appeal, the action taken by the Department shall be final.
(f) Notwithstanding subsection (c), the Department shall take immediate action to revoke
any permit or license when there is reason to believe that public safety may be
endangered if the permittee/licensee were to retain the permit/license.
Note
Authority cited: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 976.1. Administrative Hearing.
(a) If a hearing is requested by the permittee/licensee, a hearing shall be held within 30 days unless time is waived by the permittee/licensee. The hearing shall be conducted
by the Department's Administrative Hearing Officer.
(b) The permittee/licensee shall be given the opportunity to be heard and to be
represented by counsel during any hearing proceedings.
(c) An Administrative Hearing Officer shall voluntarily disqualify himself or herself and
withdraw from any case in which he or she cannot accord a fair and impartial hearing
or consideration. Any party may request the disqualification of the Administrative
Hearing Officer by filing an affidavit, prior to the taking of evidence at a hearing,
stating with particularity the grounds upon which it is claimed that a fair and impartial
hearing cannot be accorded. The issue shall be determined by another Administrative
Hearing Officer.
(d) The proceedings at the hearing shall be reported by a phonographic reporter; except
that, upon the consent of all the parties, the proceedings may be reported
electronically.
Note
Authority cited: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code; and Section 11512, Government Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 976.2. Time and Place of Administrative Hearing.
The Department shall notify the permittee/licensee of the time and place of hearing. Failure of
the permittee/licensee to appear at the hearing shall be deemed a withdrawal of his/her answer
and the action of the Department shall be final.
Note
Authority cited: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 976.3. Evidence Rules.
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant to the issues
even though that matter was not covered in the direct examination; to impeach any
witness regardless of which party first called him to testify; and to rebut the evidence
against him. If respondent does not testify in his own behalf he may be called and
examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relating to evidence
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining other evidence
but shall not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions.
Note
Authority cited: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code; and Section 11513, Government Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
§ 976.4. Proposed Decision.
The Administrative Hearing Officer shall prepare a Proposed Decision in such a form that it
may be adopted as the decision in the case. A copy of the proposed decision shall be
furnished to the permittee/licensee and the Director no later than 20 days after the hearing.
The Director may adopt the decision in its entirety or may decide the case upon the record
with or without taking additional evidence. The permittee/licensee shall be notified of the
Director's decision within 30 days of the hearing or within 30 days of the taking of
additional evidence, whichever is later.
Note
Authority cited: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code. Reference: Sections 12095, 12098, 12230, 12250, 12305 and 12306, Penal Code.
History
1. New section filed 4-29-88; operative 5-29-88 (Register 88, No. 19).
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