reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4136 - Repair and Maintenance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 972.8 to section
					 4136 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending 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 former section
					 4136 to section
					 4134 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						31000,
						32650,
						32700,
						32705 and
						33300, Penal Code.
						Reference: Sections
						18900,
						31000,
						32650,
						32700,
						32705 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4137 - Activities Sanctioned by Military-Assault Weapons. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 972.9 to section
					 4137 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending 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 former section
					 4137 to section
					 4135 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Section
						31000, Penal Code.
						Reference: Section
						31000, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 4 - Security › Section 4138 - General Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Dangerous weapons shall only be stored in facilities, or transported in vehicles,
				  that meet the security requirements described by section
				  4139 of these regulations, and that
				  have been reported to the DOJ on form BOF 045 (Rev. 12/2019).
(b) Form BOF 045 (Rev. 12/2019) will require the
				  licensee/permittee to provide the following information:
(1) The phone number and physical address of all
				  primary and, if applicable, secondary security compliant storage
				  locations.
(2) The year, make, model,
				  and vehicle identification or license plate number(s), of all security compliant
				  vehicles and trailers.
(3) Statement
				  that all locations and vehicles meet security requirements.
(4) Date and signature of licensee/permittee,
				  attesting, under penalty of perjury, that the preceding is true.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 4 - Security › Section 4139 - Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following is a description of required security for storing
					 and transporting machineguns, short-barreled shotguns, short-barreled rifles,
					 assault weapons and destructive devices:
(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 dangerous 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.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 5 - Security [Repealed] › Section 4140 - General Compliance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 974 to section
					 4140, including amendment of
					 subsections (a) and (d), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
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
					 amending subsections (a)-(b) and (c) filed 12-17-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 51).
4. Editorial correction implementing
					 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).
5. Change
					 without regulatory effect repealing article 5 (sections
					 4140-4141) and renumbering former
					 section 4140 to section
					 4138 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						18910,
						32650,
						32700,
						32720 and
						33300, Penal Code.
						Reference: Sections
						18910,
						32650,
						32700,
						32720 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 5 - Security [Repealed] › Section 4141 - Security Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 974.1 to section
					 4141 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending first paragraph and subsections (c)-(c)(1) and amending 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 former section
					 4141 to section
					 4139 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						18910,
						30510,
						30515,
						30520,
						32650,
						32700,
						32720 and
						33300, Penal Code.
						Reference: Sections
						18900,
						18910,
						30510,
						30515,
						30520,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 6 - Term of Licenses and Permits › Section 4143 - Processing Time. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 975.1 to section
					 4143 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
Note: Authority cited: Section
						15376,
						Government Code. Reference: Sections
						12095,
						12230,
						12250,
						12305 and
						12306, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 7 - Record Keeping › Section 4144 - Record Keeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  licensees/permittees shall maintain records of inventory, acquisitions, dispositions
				  and manufacture of dangerous weapons.
(1) All
				  licensees/permittees shall maintain current records of inventory, acquisitions,
				  dispositions and manufacture which shall contain a description of each dangerous
				  weapon that identifies it uniquely including all identification marks,
				  numbers/letters, and/or serial numbers (for firearms, the record shall contain the
				  make, model, serial number, and caliber). The current records of inventory,
				  acquisitions, dispositions, and manufacture shall be maintained on forms BOF 041
				  (Rev. 12/2019), 042 (Rev. 12/2019), 043 (Rev. 12/2019), and 044 (Rev. 12/2019), or a
				  computer generated printout of the same format as the forms listed above.
(2) All licensees/permittees shall submit to the
				  DOJ an annual report of inventory, acquisitions, dispositions and manufacture of
				  dangerous weapons with every annual license/permit renewal application submission.
				  The annual report shall be submitted on forms BOF 041 (Rev. 12/2019), 042 (Rev.
				  12/2019), 043 (Rev. 12/2019), and 044 (Rev. 12/2019), or a computer generated
				  printout of the same format as the forms listed above. The annual report shall be
				  continuous from the prior year's renewal application annual report, the annual
				  report shall present all dangerous weapons possessed by the licensee/permittee at
				  any time during the reporting permit term, and the annual report shall denote all
				  acquisitions, dispositions, manufactured weapons, weapons that have been lost or
				  stolen, and weapons the licensee/permittee continues or continued to possess from
				  the prior permit term.
(A) The annual report shall
				  contain a description of each dangerous weapon as prescribed in paragraph (1) of
				  this subdivision.
(B) The annual report
				  shall identify the date of all transactions, type of transaction (acquisition,
				  disposition, manufacture, loss or theft), the full name, address and, if applicable,
				  the Federal Firearms License (FFL) number and/or California Dangerous Weapons
				  License/Permit number(s), or other authorization of all parties to the
				  transaction.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 7 - Record Keeping › Section 4145 - Disposition of Trade-in Machineguns

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee who takes trade-in machineguns 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 DOJ with an expression
				  of interest by a qualified purchaser.
(2) In no event shall such a machinegun be
				  retained for a total of more than two years.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 8 - Application Forms, Processing Time, Reporting, Fees › Section 4146 - Application Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial
				  applicants shall do all of the following:
(1)
				  Submit fingerprint impressions at a DOJ approved Live Scan station and obtain an
				  Applicant Tracking Identifier (ATI) number.
(2) Complete an initial Dangerous Weapons
				  License/Permit(s) Application, form BOF 030 (Rev. 01/2020), which is hereby
				  incorporated by reference, including the ATI number obtained pursuant to paragraph
				  (1).
(3) If applicable, complete the
				  Facility and Vehicle Security Compliance, Form BOF 045 (Rev. 12/2019) statement as
				  described by section
				  4138, subdivision (b) of these
				  regulations.
(4) Submit the completed
				  initial Dangerous Weapons License/Permit(s) Application, form BOF 030 (Rev.
				  01/2020), applicable fees pursuant to section
				  4147, and/or the Facility and Vehicle
				  Security Compliance, Form BOF 045 (Rev. 12/2019) statement to the
				  DOJ.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 8 - Application Forms, Processing Time, Reporting, Fees › Section 4147 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each application for
				  a license/permit shall be accompanied with the appropriate fee(s) as follows:
(1) New Application:
(A) Basic fee $377.00.
(B) When more than one license/permit is applied
				  for at the same time and for the same permit location, a fee of $22.00 is required
				  for each additional license/permit requested by the applicant at the permit
				  location.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 9 - Investigations › Section 4148 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The DOJ shall conduct investigations of applicants for dangerous
					 weapon licenses/permits 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 licensee/permittee's business.
(2)
				  Persons with authority to make management decisions for the
				  licensee/permittee.
(3) Persons who have
				  access to the dangerous weapon(s).
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 9 - Investigations › Section 4149 - Investigation of New Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each applicant and licensee/permittee shall provide written
					 notification to the DOJ 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.
1. Change without
					 regulatory effect renumbering section
					 976 to section
					 4149, including amendment of subsection
					 (c), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
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
					 repealing and removing article 7 heading, renumbering former section
					 4149 to section
					 4159 and renumbering former section
					 4139 to section
					 4149 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						32650,
						32700,
						32705,
						32710 and
						33300, Penal Code.
						Reference: Sections
						18900,
						32650,
						32700,
						32705,
						32710 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 10 - Application Denials, Renewals, Revocations and Waiting Period › Section 4150 - Denial of Application, Reasons, Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications for licenses/permits shall be
				  denied for the following reasons:
(1) Applicant
				  fails to establish good cause for issuance of the license or permit.
(2) Applicant does not meet security
				  requirements.
(3) Applicant makes false
				  statements on application.
(4) Applicant
				  fails to establish that issuance of the license or permit would not endanger the
				  public safety.
(5) Applicant fails to
				  notify the DOJ of any changes in information as required by section
				  4149 of these
				  regulations.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 10 - Application Denials, Renewals, Revocations and Waiting Period › Section 4151 - Renewal of License/Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Completed applications for renewal of license/permit shall be submitted not less
				  than 30 days prior to expiration of the license/permit.
(b) A penalty of 50% of the license/permit fee
				  shall be assessed in cases where the renewal fee is not paid on or before 30 days
				  prior to expiration of the license/permit.
(c) An application for renewal of a license/permit
				  may be denied for any of the reasons listed under sections
				  4150 and
				  4152 of these regulations.
(d) At renewal time, all licensees/permittees
				  shall submit their inventory records in the format described in section
				  4144 of these regulations.
(e) If the DOJ denies renewal of a license/permit,
				  the DOJ shall provide the licensee/permittee with a Notice of Denial of Renewal
				  which shall specify the causes on which the denial of renewal is based within 10
				  calendar days from the effective date of denial. The DOJ 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.
1. Change without
					 regulatory effect renumbering section
					 976.2 to section
					 4151 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
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 former section
					 4151 to section
					 4161 and renumbering former section
					 4144 to section
					 4151 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715 and
						33300, Penal Code.
						Reference: Sections
						18900,
						18905,
						18910,
						31000,
						31005,
						32650,
						32655,
						32700,
						32705,
						32710,
						32715,
						33300 and
						33305, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 10 - Application Denials, Renewals, Revocations and Waiting Period › Section 4152 - Revocation and/or Denial of Renewal of License/Permit, Reasons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license/permit may be revoked anytime during
				  the license/permit year when it is determined the licensee/permittee is no longer
				  eligible, a legitimate need no longer exists, or the license/permit has been
				  misused. Reasons for revocation of license/permit include, but are not limited to:
(1) The licensee/permittee is arrested for an
				  offense which prohibits possession of the license/permit weapon(s).
(2) The licensee/permittee uses the weapon(s) for
				  purposes other than licensed/permitted.
(3) The licensee/permittee fails to engage in
				  business or violates conditions stipulated in the license/permit.
(4) The licensee/permittee fails to keep or
				  provide records of sales and/or demonstrations, if applicable.
(5) The licensee/permittee fails to provide
				  required security.
(6) The
				  licensee/permittee fails to notify the DOJ of any changes in information as required
				  in section 4149 of these regulations.
(7) The licensee/permittee violates any law
				  punishable as a felony, or is convicted of a substantially related misdemeanor
				  crime.
(8) Any reason which would be
				  grounds for denial of an application pursuant to section
				  4150 of these
				  regulations.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 10 - Application Denials, Renewals, Revocations and Waiting Period › Section 4153 - Waiting Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant whose license/permit 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.
1. Change without
					 regulatory effect renumbering section
					 976.4 to section
					 4153 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
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 former section
					 4153 to section
					 4163 and renumbering and amendment of
					 section 4148 to section
					 4153 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720,
						33300 and
						33315, Penal Code.
						Reference: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720,
						33300 and
						33315, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 11 - Appeal Process › Section 4159 - Notice of Revocation or Notice of Denial of Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DOJ shall provide the licensee/permittee
				  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
				  licensee/permittee who has been 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
				  licensee/permittee may request a hearing in their 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 DOJ shall take no revocation action until completion
				  of hearing proceedings pursuant to section
				  4163 of these regulations.
(d) Failure to make a written request for a
				  hearing within the time period specified in subdivision (b) constitutes a waiver of
				  the right to a hearing.
(e) If the
				  licensee/permittee fails to answer within the time specified in subdivision (b) or,
				  after answer, withdraws the appeal, the action taken by the DOJ shall be
				  final.
(f) Notwithstanding subdivision
				  (c), the DOJ shall take immediate action to revoke any license or permit when there
				  is reason to believe that public safety may be endangered if the licensee/permittee
				  were to retain the license/permit.
1. Change without
					 regulatory effect adopting new article 11 heading (sections
					 4159-4163) and renumbering former
					 section 4149 to new section
					 4159 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
2. Change without regulatory effect
					 amending subsections (c) and (e) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720,
						33300 and
						33315, Penal Code.
						Reference: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720,
						33300 and
						33315, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 11 - Appeal Process › Section 4160 - Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				  hearing is requested by the licensee/permittee, a hearing shall be held within 30
				  days unless time is waived by the licensee/permittee. The hearing shall be conducted
				  by the DOJ's Administrative Hearing Officer.
(b) The licensee/permittee 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 themself and withdraw from any case in
				  which the hearing officer 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.
1. Change without
					 regulatory effect renumbering former section
					 4150 to new section
					 4160 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
2. Change without regulatory effect
					 amending subsection (c) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal Code.
						Reference: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal Code;
						and Section
						11512,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 11 - Appeal Process › Section 4161 - Time and Place of Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The DOJ shall notify the licensee/permittee of the time and
					 place of the hearing. Failure of the licensee/permittee to appear at the hearing
					 shall be deemed a withdrawal of their answer and the action of the DOJ shall be
					 final.
1. Change without
					 regulatory effect renumbering former section
					 4151 to new section
					 4161 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
2. Change without regulatory effect
					 amending section filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal Code.
						Reference: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 11 - Appeal Process › Section 4162 - Evidence Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
				  the witness to testify; and to rebut the evidence against the party. If respondent
				  does not testify in their own behalf they 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.
1. Change without
					 regulatory effect renumbering former section
					 4152 to new section
					 4162 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
2. Change without regulatory effect
					 amending subsection (b) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal Code.
						Reference: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal Code;
						and Section
						11513,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 11 - Appeal Process › Section 4163 - Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 licensee/permittee and the Head
					 of the Bureau of Firearms no later than 20 days after the hearing. The Head of the
					 Bureau of Firearms may adopt the decision in its entirety or may decide the case
					 upon the record with or without taking additional evidence. The licensee/permittee
					 shall be notified of the Head of the Bureau of Firearms' decision within 30 days of
					 the hearing or within 30 days of the taking of additional evidence, whichever is
					 later.
1. Change without
					 regulatory effect renumbering former section
					 4153 to new section
					 4163 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal Code.
						Reference: Sections
						18900,
						18910,
						32650,
						32700,
						32720,
						33300 and
						33315, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 8 - DROS Entry System (Des) › Section 4200 - Title and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter, which shall be known as the "DROS Entry System,"
				  pertains to access and use of the Dealer Record of Sale Entry System (DES) for the
				  submission of information concerning the sale, transfer or loan of firearms pursuant
				  to Penal Code section
				  28205.
1. New chapter 8
				  (sections 4200-4240) and section filed
				  12-26-2013; operative 1-1-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 52).
2. Amendment of chapter heading, section and
				  NOTE filed 5-29-2019; operative 7-1-2019 (Register 2019, No.
				  22).
Note: Authority cited: Sections
					 28105,
					 28155,
					 30352 and
					 30370, Penal Code.
					 Reference: Sections
					 16190,
					 26815,
					 27540,
					 28105,
					 28155,
					 28205 and
					 28220, Penal
					 Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 8 - DROS Entry System (Des) › Section 4220 - Capturing Thumbprint of Firearms Purchaser/Transferee/Loanee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Penal Code section
				  28160, subdivision
				  (b), the purchaser/ transferee/loanee shall provide their right thumbprint on the
				  delivered DROS document. The Dealer COE Holder, authorized associate, or salesperson
				  will attempt to record the right thumbprint by using the pad on the last joint of
				  the thumb. The following exceptions shall be permitted:
(a) If the right thumbprint is unavailable, the
				acceptable print order is left thumbprint followed by any available digit of the
				right hand, regardless of whether the digit is scarred or deformed. When taking a
				fingerprint or thumbprint, the Dealer COE Holder, authorized associate, or
				salesperson will use the pad on the last joint of the finger or thumb. The Dealer
				COE Holder, authorized associate, or salesperson must specify which print was used
				(e.g., left thumb, right index, etc.) below the print.
If the available digit of the hand is scarred or deformed, the
				  Dealer COE Holder, authorized associate, or salesperson shall write "Scarred" or
				  "Deformed" below the print.
(b)
				If digits of the hand are physically present but the pad of the last joint cannot be
				printed, the Dealer COE Holder, authorized associate, or salesperson shall write
				"Omit" in the fingerprint box and indicate reason (e.g., hospital/surgical
				bandages).
(c) With missing digits of
				the hand, the required print may be substituted as follows:
(1) When a portion of the digit pad of the last
				joint is present, it must be utilized; the Dealer COE Holder, authorized associate,
				or salesperson will write "Portion" below the print.
(2) When no portion of any digit pad of the last
				joint is present, the Dealer COE Holder, authorized associate, or salesperson will
				write "Missing" in the fingerprint box.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 8 - DROS Entry System (Des) › Section 4230 - Delivery of Firearms Following DROS Submission and Suspension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department
				determines the firearm purchaser/transferee/loanee is not prohibited by state or
				federal law from purchasing or possessing firearms, immediately following the
				conclusion of the ten-day waiting period, the status of the DES transaction record
				will change from "Pending" to "Approved." The DES transaction record will also
				specify the 30-day period during which the firearm may be delivered to the approved
				purchaser/transferee/loanee.
(b) DES
				Transaction Record Status
(1) A firearm may be
				delivered to the purchaser/transferee/loanee only if the status of the DES
				transaction record is "Approved," "Approval after Delay," or "Undetermined."
(A) An "Approved" status shall be designated for a
				Department-approved application after the 10-day waiting period has
				concluded.
(B) An "Approval after Delay"
				status shall be designated when the Department approves an application to purchase a
				firearm after identifying a "Delayed" status.
(C) Pursuant to Penal Code section
				28220(f)(4),
				an "Undetermined" status shall be designated when 30 days have passed since the
				original transaction date and the Department is unable to determine a purchaser's
				eligibility to own or possess firearms or is unable to determine whether the firearm
				involved in the sale/transfer/loan is stolen. Delivery of a firearm
				(sale/transfer/loan) from an "Undetermined" status shall be made at the discretion
				of the Dealer COE Holder, authorized associate, or salesperson.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 8 - DROS Entry System (Des) › Section 4240 - Billing, Payment, and Suspension for Non-Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Monthly billing statements for the previous
				month's DROS activity will be delivered electronically via DES to the dealer's
				account on the first day of each month.
(b) Payment must be made using a major credit
				card, debit card, or gift card with a major credit card logo. The balance due, as
				indicated on the monthly billing statement, must be paid in full within 30 days of
				the billing statement date (first day of month).
(c) If payment for the previous month's DROS
				activity is not made within 30 days, the firearms dealer's DES accounts (all Dealer
				COE Holders, authorized associates, and salespersons) will be suspended until full
				payment for the past due amount is received.
(d) While suspended, for any reason, a dealer will
				be unable to submit DROS transactions, correct DROS transactions, cancel DROS
				transactions, and/or deliver firearms for which a DROS transaction was previously
				submitted. All other firearms dealer activities, including status on the Centralized
				List of Firearms Dealers, are unaffected by a suspension for non-payment.
1. New section
				  filed 12-26-2013; operative 1-1-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 52).
2. Amendment of section and NOTE filed
				  5-29-2019; operative 7-1-2019 (Register 2019, No.
				  22).
Note: Authority cited: Section
					 28225, Penal Code.
					 Reference: Sections
					 28105,
					 28205,
					 28220 and
					 28225, Penal
					 Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 9 - Firearm Safety Certificate Program and Safe Handling Demonstrations › Article 1 - DOJ Certified Instructors › Section 4250 - DOJ Certified Instructor Qualifications and Application Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Department of
				  Justice ("the Department" or DOJ) Certified Instructor applicants must have a valid
				  Certificate of Eligibility (COE) issued pursuant to Penal Code section
				  26710. Initial
				  applicants must also submit a copy of their training certification from one of the
				  following:
(1) Department of Consumer Affairs,
				  State of California-Firearm Training Instructor.
(2) Director of Civilian Marksmanship, Instructor
				  or Rangemaster.
(3) Federal Government,
				  Certified Rangemaster or Firearm Instructor.
(4) Federal Law Enforcement Training Center,
				  Firearm Instructor Training Program or Rangemaster.
(5) United States Military, Military Occupational
				  Specialty (MOS) as marksmanship or firearms instructor. Assignment as Range Officer
				  or Safety Officer is not sufficient.
(6)
				  National Rifle Association-Certified Instructor, Law Enforcement Instructor,
				  Rangemaster, or Training Counselor.
(7)
				  Commission on Peace Officer Standards and Training (POST), State of
				  California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California
				  accredited school to teach a firearm training course.
(9) Training deemed similar or equivalent by the
				  Department pursuant to section
				  4259 of these
				  regulations.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 9 - Firearm Safety Certificate Program and Safe Handling Demonstrations › Article 1 - DOJ Certified Instructors › Section 4251 - Firearms Certification System "Conditions of Use" and User Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To establish a user account for access to the
				  Firearms Certification System, DOJ Certified Instructor applicants must agree to the
				  following "Conditions of Use:"
(1) NON-LIABILITY
The Department is not responsible for and will have no liability
					 for hardware, software, information, or other items or any services provided by any
					 persons other than the Department. In no event shall either party be liable to the
					 other or any third party, under any theory of liability, including but not limited
					 to, any contract or tort claim for any cause whatsoever, for any indirect,
					 incidental, special or consequential damages, including loss of revenue or profits,
					 even if aware of the possibility thereof.
(2) AUTHORIZATION
It is the responsibility of the DOJ Certified Instructor to
					 protect the confidentiality of the password selected to access the Firearms
					 Certification System. If the DOJ Certified Instructor becomes aware of an
					 unauthorized person obtaining access to the Firearms Certification System, the DOJ
					 Certified Instructor will notify the Customer Support Center immediately at (916)
					 210-2700 or via email at boffscprogram@doj.ca.gov. Notwithstanding such
					 notification, the Department shall not be liable for transaction charges
					 fraudulently incurred. It will be the cardholder's responsibility to pay any
					 charges.
(3) FEES
The FSC fee is fifteen dollars ($15) per issuance for new FSCs
					 and five dollars ($5) for replacement FSCs. Multiple FSCs can be queued and paid for
					 in a single transaction. The Department will not provide refunds after issuance of
					 an FSC.
(4) TRUE AND ACCURATE
				  INFORMATION
All of the information submitted to the Department through the
					 Firearms Certification System shall be true, accurate, and complete to the best of
					 the DOJ Certified Instructor's knowledge.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 9 - Firearm Safety Certificate Program and Safe Handling Demonstrations › Article 1 - DOJ Certified Instructors › Section 4251.5 - DOJ Certified Instructor Suspensions and Revocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An instructor's DOJ certification may be
				  suspended for a period of up to six months for a violation of these
				  regulations.
(b) An instructor's DOJ
				  certification may be revoked for a violation of Penal Code sections
				  27550,
				  31620, or
				  31625.
(c) All hearings related to a suspension or
				  revocation shall be conducted in accordance with Government Code section
				  11500 et.
				  seq.
(d) An instructor who has had their
				  DOJ certification revoked may not re-apply for certification earlier than one year
				  from the effective date of the revocation.
1. New section
					 filed 3-23-2016; operative 3-23-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 13).
2. Change without regulatory effect amending
					 subsection (d) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						31620,
						31625 and
						31635, Penal Code.
						Reference: Sections
						27550,
						31620,
						31625 and
						31635, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 9 - Firearm Safety Certificate Program and Safe Handling Demonstrations › Article 2 - Fsc Test › Section 4252 - Fsc Test Applicant Qualifications and Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants for the FSC test must be at least
				  18 years old and must present clear evidence of identity and age in the form of a
				  valid California driver license or identification card issued by the Department of
				  Motor Vehicles.
(b) The fee for taking
				  the FSC test (twice if failed the first time) and being issued an FSC is a maximum
				  of twenty five dollars ($25), fifteen dollars ($15) of which shall be forwarded to
				  the Department pursuant to Penal Code section
				  31650. The DOJ
				  certified instructor may charge a fee of ten dollars ($10) for administering the
				  test.
1. New article 2
					 (sections 4252-4253) and section filed 3-9-2015
					 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of
					 Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be
					 repealed by operation of law on the following day.
2. New article 2
					 (sections 4252-4253) and section, including
					 amendment of subsection (b), refiled 8-31-2015 as an emergency; operative 8-31-2015
					 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by
					 11-30-2015 or emergency language will be repealed by operation of law on the
					 following day.
3. New article 2 (sections
					 4252-4253) and section, including
					 8-31-2015 amendment, refiled 11-23-2015 as an emergency; operative 11-23-2015
					 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by
					 2-22-2016 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 11-23-2015 order
					 transmitted to OAL 2-9-2016 and filed 3-23-2016 (Register 2016, No.
					 13).
Note: Authority cited: Sections
						31625,
						31640,
						31645 and
						31650, Penal Code.
						Reference: Sections
						16400,
						31625,
						31640,
						31645,
						31650 and
						31655, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 9 - Firearm Safety Certificate Program and Safe Handling Demonstrations › Article 2 - Fsc Test › Section 4253 - Fsc Test Topics, Guidelines, Scoring, and Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The FSC test
				  consists of 30 questions (10 true/false, 20 multiple choice) covering, but not
				  limited to, the following topics specified in Penal Code section
				  31640:
(1) The laws applicable to carrying and handling
				  firearms, particularly handguns.
(2) The
				  responsibilities of ownership of firearms, particularly handguns.
(3) Current law as it relates to the private sale
				  and transfer of firearms.
(4) Current
				  law as it relates to the permissible use of lethal force.
(5) What constitutes safe firearm
				  storage.
(6) Issues associated with
				  bringing a firearm into the home.
(7)
				  Prevention strategies to address issues associated with bringing firearms into the
				  home.