§ 4127. Definition of Key Terms.

(a) The term “Chief” means the Chief of the Bureau of Firearms, Division of Law Enforcement, Department of Justice (DOJ), State of California.

(b) The term “Administrative Hearing Officer” means an employee of the DOJ designated by the Chief. 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 him/her.

(c) The term “machinegun license” means a license to sell machineguns pursuant to Penal Code section 32700.

(d) The term “machinegun permit” means a permit to possess, manufacture, or transport machineguns pursuant to Penal Code section 32650.

(e) The term “destructive device permit” means a permit to collect, possess and transport or conduct business in destructive devices pursuant to Penal Code section 18900.

(f) The term “short-barreled shotgun or short-barreled rifle permit” means a permit issued pursuant to Penal Code section 33300.

(g) The term “licensee” means a person holding a machinegun license defined in subdivision (d) of this section.

(h) The term “assault weapon permit” means a permit issued pursuant to Penal Code section 31000.

(i) The term “permittee” means a person holding a permit defined in subdivisions (e), (f), (g) or (i) of this section.

(j) The term “collector” means a person holding a destructive device permit who collects destructive devices as a hobby and not a business.

(k) The term “applicant” means any person who submits the required documentation, proper application forms, and appropriate fees for a dangerous weapons license/permit.

(l) The term “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.

(m) The term “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.

(n) The term “market necessity” means a non-personal commercial need for dangerous weapons which is not being satisfied in the existing market place.

(o) The term “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.

(p) The term “permit location” means the authorized place of business identified by the DOJ on the face of the license/permit.

(q) The term “initial application” means the application for an individual who does not possess a current, valid license/permit.

(r) The term “renewal application” means an application for a new license/permit term year for an individual holding a current, valid license/permit.

(s) The term “term year” means the 12-month period that a license/permit is valid as stated on its face.

(t) The term “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.

HISTORY

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).

Note

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.