(a)	Registration applicants must be in compliance with the Roberti-Roos Assault Weapons Control Act of 1989 commencing with Penal Code section 12275, relative to the lawful acquisition and ownership of any assault weapon subject to registration.
(b)	Assault weapon registrations shall be filed on a Department of Justice (DOJ) Assault Weapon Registration Application (FD 023). For purposes of compliance with the assault weapon registration period pursuant to Penal Code Section 12285 (a), an assault weapon registration application and required fee must be submitted to the Department with a postmark date no later than the end of the applicable registration period. If submitted on time with the required fee, the Department will process the registration application even if the application must be returned to an applicant for completion or correction after the close of the registration period. The applicant must resubmit the application within 15 days from the date on the notification letter from DOJ. which requires all of the following: The following information is required on the DOJ Assault Weapon Registration Application (FD 023):    (1) Registrant information: registrant's name; date of birth; sex; height; weight; eye color; hair color; residence address (physical); mailing address; telephone number; California Driver License (CDL) number or Identification number issued by the California Department of Motor Vehicles (DMV); signature; date; right thumb print; and    (2) Assault weapon information: serial number; make; model; type; caliber; barrel length; date day (if known), month (if known), and year of acquisition; name and address of person or firearms dealership from whom assault weapon was acquired (optional).
(c)	Joint registrations will be permitted for assault weapons owned by family members residing in the same household. Joint registrations must identify one individual as the primary registrant. Joint registrations shall remain valid for co-registrant family members only while living in the same household as the primary registrant.

 

NOTE:

Authority cited: Sections 12276.5(i), and 12285(a) and (e), Penal Code, Reference: Sections 12276.5(i), and 12285(a) and (e), Penal Code.

978.31 Fees

Assault weapon registration applications shall be accompanied by a fee of $20 per person for any number of assault weapons registered at one time.

NOTE:

Authority cited: Section 12285(a), Penal Code. Reference; Section 12285(a), Penal Code.

978.32 Processing Times

(a)

The time standards for processing assault weapon registration applications are as follows:    (1) Within 30 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 processing, or return the application as deficient and specify what information is required.    (2)  Within 75 days after the date of receipt of a completed application, the Department shall complete the processing of the application.

(b)

If the Department fails to meet its time standards for processing an assault weapon registration application, the applicant, within 30 days from the date of the notice of the final decision granting or denying the registration, may apply in writing for a full reimbursement of any and all registration fees. The Department shall respond within 10 days of receipt of a request for reimbursement. If the reimbursement request is denied, the applicant may appeal the denial, in writing, directly to the Attorney General. The appeal must be filed within 30 days of the date the applicant was notified of the reimbursement denial and shall set forth a concise statement of facts and chronology of events regarding the application. Following any investigation of the matter which the Attorney General deems appropriate, and within 30 days from the date of receipt of the appeal, a decision shall be issued. The appeal shall be decided in the applicant's favor if the Department exceeds the maximum time period for the processing of the application and the Department has failed to establish good cause for exceeding this time period. Information regarding this appeal process shall be included with all assault weapon registration application forms.

 

NOTE:

Authority cited: Sections 15376 and 15378, Government Code. Reference: Sections 15376 and 15378, Government Code.

Article 4. Large Capacity Magazine Permits

978.40 Requirements for Large Capacity Magazine Permits Pursuant to Penal Code Section 12079

(a)	This article applies to Penal Code section 12079 permits for the out of state importation and exportation of large capacity magazines as defined in Penal Code section 12020 (c)(25). Importation and exportation includes the transportation of magazines as necessary to complete a transfer to or from an out of state source.
(b)	No permit shall be issued to any person who fails to establish "good cause" for issuance of the permit and that the permit would not endanger public safety. "Good cause" shall be established by the following:    (1) A statement from the applicant that a large capacity magazine marketplace exists for their dealership; and    (2)  Compliance with The Dangerous Weapons' Control Law commencing with Penal Code section 12000 relative to large capacity magazines and record keeping requirements specified in section 978.43 of these regulations.
(c)	Large capacity magazine permit applications shall be filed on a Department of Justice form (FD 050) which requires the following information: California Firearms Dealership (CFD) number; dealership name; dealership mailing address; statement of good cause; signature of dealership licensees; and date.

NOTE:

Authority cited: Sections 12020 (b)(26) and 12079, Penal Code. Reference: Sections 12020, 12079, 12276.1, 12276.5 and 12285, Penal Code.

978.41 Processing Times

(a)

The time standards for processing large capacity magazine permit applications are as follows:    (1) Within 30 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 processing, or return the application as deficient and specify what information is required.    (2)  Within 30 days after the date of receipt of a completed application, the Department shall complete the processing of the application.

(b)

If the Department fails to meet its time standards for processing a large capacity magazine permit application, the applicant, within 30 days from the date of the notice of the final decision granting or denying the application, may apply in writing for a full reimbursement of any and all application fees. The Department shall respond within 10 days of receipt of a request for reimbursement. If the reimbursement request is denied, the applicant may appeal the denial, in writing, directly to the Attorney General. The appeal must be filed within 30 days of the date the applicant was notified of the reimbursement denial and shall set forth a concise statement of facts and chronology of events regarding the application. Following any investigation of the matter which the Attorney General deems appropriate, and within 30 days from the date of receipt of the appeal, a decision shall be issued. The appeal shall be decided in the applicant's favor if the Department exceeds the maximum time period for the processing of the application and the Department has failed to establish good cause for exceeding this time period. Information regarding this appeal process shall be included with all large capacity magazine permit application forms.

 

NOTE:

Authority cited: Sections 15376 and 15378, Government Code. Reference: Sections 15376 and 15378, Government Code.

 

978.42 Term Length of Large Capacity Magazine Permits

(a)

The term of a large capacity magazine permit shall be from January 1 through December 31. It is the responsibility of the permittee to submit a completed renewal application prior to December 31 of each year in order to maintain uninterrupted status as a large capacity magazine permittee. Renewal applications shall be submitted on the form (FD 050) prescribed in section 978.40 (b) of these regulations.

(b)

If at any time a permittee is not among the licensed firearms dealers on the Department of Justice Centralized List of Firearms Dealers, the large capacity magazine permit is no longer valid and shall be canceled.

 

NOTE:

Authority cited: Section 12079, Penal Code, Reference: Sections 12020 and 12079, Penal Code.

 

978.43 Large Capacity Magazine Permit Record Keeping

Permittees shall maintain acquisition and disposition transaction records of the importation and exportation of large capacity magazines. Records shall include transaction date, transaction volume; and the name, address, and Federal Firearms License number (if any) of the out of state transferee or transferor. Records must be maintained at the dealership for three years and be made available to representatives of the Department of Justice or any other law enforcement agency upon request.

 

NOTE:

Authority cited: 12079, Penal Code. Reference: Section 12079, Penal Code.

 

978.44 Large Capacity Magazine Permit Revocations

(a)	Large capacity magazine permits shall be subject to revocation for failure to comply with record keeping requirements specified in section 978.43 of these regulations or for failure to comply with The Dangerous Weapons' Control Law commencing with Penal Code section 12000 relative to large capacity magazines.
(b)	All procedures and hearings related to the revocation of a large capacity magazine permit shall be conducted in accordance with Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

 

NOTE:

Authority cited: 12079, Penal Code. Reference: Section 12079, Penal Code; and Chapter 5 commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.