California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 1 - General Provisions › Section 4127 - Definition of Key Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Administrative Hearing Officer" means an employee of the Department of Justice
				  (DOJ) designated by the Head of the Bureau of Firearms. The hearing officer so
				  designated shall not have participated in the decision to grant, deny, or revoke the
				  license or permit that is the subject of a hearing before them.
(b) "Applicant" means any person who submits the
				  required documentation, proper application forms, and appropriate fees for a
				  dangerous weapons license/permit.
(c)
				  "Assault weapon permit" means a permit issued pursuant to Penal Code section
				  31000.
(d) "Collector" means a person holding a
				  destructive device permit who collects destructive devices as a hobby and not a
				  business.
(e) "Conditions" means express
				  terms that appear on the face of each permit issued by the DOJ. These are conditions
				  or limitations such as time, place and circumstances that permittees shall comply
				  with to retain their permits.
(f)
				  "Dangerous weapons" means machineguns as defined in Penal Code section
				  16880, destructive
				  devices as defined in Penal Code section
				  16460,
				  short-barreled shotguns and short-barreled rifles as defined in Penal Code sections
				  17170 and
				  17180, and assault
				  weapons as defined in Penal Code sections
				  30510 and
				  30515.
(g) "Destructive device permit" means a permit to
				  collect, possess and transport or conduct business in destructive devices pursuant
				  to Penal Code section
				  18900.
(h) "Head of the Bureau of Firearms" means the
				  Head of the Bureau of Firearms, Division of Law Enforcement, DOJ, State of
				  California.
(i) "Initial application"
				  means the application for an individual who does not possess a current, valid
				  license/permit.
(j) "Licensee" means a
				  person holding a machinegun license defined in subdivision (k) of this
				  section.
(k) "Machinegun license" means
				  a license to sell machineguns pursuant to Penal Code section
				  32700.
(l) "Machinegun permit" means a permit to possess,
				  manufacture, or transport machineguns pursuant to Penal Code section
				  32650.
(m) "Market necessity" means a non-personal
				  commercial need for dangerous weapons which is not being satisfied in the existing
				  market place.
(n) "Permit location"
				  means the authorized place of business identified by the DOJ on the face of the
				  license/permit.
(o) "Permittee" means a
				  person holding a permit defined in subdivisions (c), (g), (
l
), or
				  (s) of this section.
(p) "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.
(q) "Renewal
				  application" means an application for a new license/permit term year for an
				  individual holding a current, valid license/permit.
(r) "Sales demonstration" means the presentation
				  of a dangerous weapon at a site other than the permit location to an
				  agency/individual(s) legally qualified to purchase dangerous weapons. A valid sales
				  demonstration is conducted exclusively for the purpose of generating legally
				  authorized sales of the dangerous weapon being demonstrated.
(s) "Short-barreled shotgun or short-barreled
				  rifle permit" means a permit issued pursuant to Penal Code section
				  33300.
(t) "Term year" means the 12-month period that a
				  license/permit is valid as stated on its face.
1. Change without
					 regulatory effect renumbering section
					 971 to section
					 4127 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 article 2 heading, repealing section and adopting new section 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
						16880,
						18900,
						18905,
						30520,
						31000,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720 and
						33300, Penal Code.
						Reference: Sections
						16460,
						16880,
						17170,
						17180,
						18900,
						18905,
						30510,
						30515,
						31000,
						32650,
						32655,
						32700,
						32705,
						32710,
						32715,
						32720,
						33300 and
						33305, Penal
						Code.