Cal. Code Regs. tit. 11 § 4127

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 4127 - Definition of Key Terms
(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.

Cal. Code Regs. Tit. 11, § 4127

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.

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).