California Code of Regulations
Title 11 - Law
Division 5 - Firearms Regulations
Chapter 7 - Dangerous Weapons
Article 2 - Licenses and Permits
Section 4128 - General

Universal Citation: 11 CA Code of Regs 4128

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(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.

1. Change without regulatory effect renumbering section 972 to section 4128 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 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.

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