Cal. Code Regs. Tit. 11, § 4128 - General
(a) Except as
provided in sections
30900 through
30945,
31050,
31055, and
31100 of the
Penal Code, no person shall possess, transport, or sell any dangerous weapon in
this state unless they have been granted a license and/or permit pursuant to
these regulations.
(b) No license
or permit shall be issued to any applicant who fails to establish good cause
for such license or permit and that such license or permit would not endanger
the public safety.
(c) To establish
good cause, an applicant must provide the DOJ with clear and convincing
evidence that there is a bona fide market or public necessity for the issuance
of a dangerous weapons license or permit and that the applicant can satisfy
that need without endangering public safety. Except as provided by Penal Code
section
33300, good
causes recognized by the DOJ to establish a bona fide necessity for the
issuance of licenses or permits includes the following:
(1) Sales to and/or manufacture for sales to
law enforcement, military and/or dangerous weapon
licensees/permittees.
(2) Training,
research and development; and/or manufacturing pursuant to government
contract.
(3) Use and/or
manufacture of dangerous weapons as props in commercial motion picture,
television production, or other commercial entertainment events.
(4) Possession for the purpose of maintaining
a collection of destructive devices as defined in Penal Code section
16460 but such
possession shall not be allowed for short-barreled shotguns, short-barreled
rifles, machineguns or assault weapons.
(5) Repair and maintenance of dangerous
weapons lawfully possessed by others.
(6) Use of dangerous weapons in activities
sanctioned by government military agencies by members of those
agencies.
(7) The sale of assault
weapons and/or the manufacture of assault weapons for the sale to, purchase by,
or possession of assault weapons by: the agencies listed in Penal Code section
30625, and the
officers described in Penal Code section
30630; entities
and persons who have been issued assault weapon permits; entities outside the
state who have, in effect, a federal firearms dealer's license solely for the
purpose of distribution to an entity listed herein; federal law enforcement and
military agencies; law enforcement and military agencies of other states; and
foreign governments and agencies approved by the United States Department of
State.
(8) Use of dangerous weapons
for the design, manufacture, demonstration, and sales of dangerous weapons
accessories to law enforcement and military agencies, qualifying peace
officers, and California dangerous weapons
licensee/permittees.
(d)
No license or permit shall be issued to any applicant who fails to comply with
local zoning restrictions or local fire-protective services regulations or
ordinances.
(e) The DOJ shall
provide a notice of each license or permit 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.
Notes
2. Change without regulatory effect amending section and NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).
3. Change without regulatory effect renumbering article 3 to article 2 and amending subsections (c) and (c)(7) filed 1-28-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 5).
4. Change without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).
Note: Authority cited: Sections 18900, 31000, 32650, 32700, 32705, 32710, 32715 and 33300, Penal Code. Reference: Sections 18900, 31000, 32650, 32700, 32705, 32710, 32715 and 33300, Penal Code.
2. Change without regulatory effect amending section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).
3. Change without regulatory effect renumbering article 3 to article 2 and amending subsections (c) and (c)(7) filed 1-28-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 5).
4. Change without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).
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