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Your comments
needed by July 31st, 2000!
Please identify all the problems you can
with the DOJ-proposed SB 23 regulations below, then address your
concerns in a letter to DOJ no later than July 31st, 2000.
Address your comments to:
Debbie Coffin, Analyst
Department of Justice, Firearms Division
P. O. Box 820200
Sacramento, CA 94203-0200
Department of Justice
4949 Broadway
Sacramento, CA 95820
July 12, 2000
NOTICE OF ADDITION OF REFERENCE MATERIAL
TO RULEMAKING FILE
Pursuant to the requirements of Government Code section 11346.8(d)
and 11346.9(a)(1), and section 45 of Title 1 of the California
Code of Regulations, the Department of Justice is providing notice
that reference material which the agency has relied upon in adopting
the proposed regulation sections 978.10 through 978.44 has been
added to the rulemaking file and is available for public inspection
and comment.
The reference material added to the rulemaking file is as
follows:
Jane's Infantry Weapons, Glossary, Twentieth Edition, 1994-95
Sporting Arms and Ammunition Manufacturers' Institute, Inc. (SAAMI),
Technical Correspondent's Handbook, Glossary of Industry Terms
SAAMI Non-Fiction Writer's Guide National Rifle Association Institute
for Legislative Action (NRA-ILA), Firearms Glossary Department
of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Federal
Firearms Regulations Reference Guide, 2000 California Attorney
General's Assault Weapons Identification Guide, 1993 Complete
Guide to Guns & Shooting, by John Malloy, 1995
This reference material is available for public inspection
at the Department's office located at 4949 Broadway, Sacramento,
CA from July 12, 2000 through July 31, 2000, between the hours
of 8:00 a.m. and 5:00 p.m. If you have any comments regarding
the reference material, written comments must be submitted to
the Department by 5:00 p.m. on July 31, 2000, and addressed to:
Debbie Coffin, Analyst
Department of Justice, Firearms Division
P. O. Box 820200
Sacramento, CA 94203-0200
All written comments received by July 31, 2000, which pertain
to the above-listed reference material will be reviewed and responded
to by the Department's staff as part of the compilation of the
rulemaking file.
Department of Justice
4949 Broadway
Sacramento, CA 95820
July 12, 2000
NOTICE OF MODIFICATIONS TO
TEXT OF PROPOSED REGULATIONS
Pursuant to the requirements of Government Code section 11346.8
(c), and section 44 of Title 1 of the California Code of Regulations,
the Department of Justice is providing notice of changes made
to modified regulation section 978.20 and the addition of section
978.33. The original proposed regulations were the subject of
regulatory hearings on February 24, 2000 and February 28, 2000,
and were subsequently modified and noticed to the public on May
10, 2000. These changes are in response to comments received
regarding the modified regulations.
The Department will accept written comments regarding the
proposed changes between July 12, 2000 and July 31, 2000. All
written comments must be received by the Department no later
than 5:00 p.m. on July 31, 2000, and addressed to:
Debbie Coffin, Analyst
Department of Justice, Firearms Division
P. O. Box 820200
Sacramento, CA 94203-0200
All written comments received by July 31, 2000, which pertain
to the indicated changes will be reviewed and responded to by
the Department's staff as part of the compilation of the rulemaking
file. Please limit your comments to the modifications to the
text.
Text of Modified Regulations
The Department has illustrated changes to the text in the
following manner: modified regulation language is in regular
text; deletions from the modified language are shown in strikeout
using a "-"; and additions to the modified language
are underlined.
Chapter 12.8
Department of Justice Regulations for Assault Weapons
and Large Capacity Magazines
Article 1. General
978.10 Title and Scope
This chapter shall be known as the "Department of Justice
Regulations for Assault Weapons and Large Capacity Magazines,"
may be cited as such and are referred to herein as "these
regulations." The provisions of these regulations shall
apply to assault weapons as defined in Penal Code sections 12276.1
and 12276.5, and large capacity magazines as defined in Penal
Code section 12020 (c)(25). These regulations do not apply to
assault weapons as defined in Penal Code section 12276.
|
NOTE: |
Authority cited: Sections 12079, 12276.1, 12276.5 and 12285,
Penal Code. Reference: Sections 12020, 12079, 12276, 12276.1,
12276.5 and 12285, Penal Code. |
Article 2. Definitions of Terms Used to Identify
Assault Weapons
978.20 Definitions
The following definitions apply to terms used in the identification
of assault weapons pursuant to Penal Code section 12276.1:
|
(a) |
"detachable magazine" means any ammunition feeding
device that can be removed readily from the firearm with neither
without disassembly of the firearm action nor or
the use of a tool(s) being required. For
the purpose of this definition, a A bullet or ammunition
cartridge is not considered a tool. Ammunition
feeding device includes any belted or linked ammunition, but
does not include clips, en bloc clips, or stripper clips that
load cartridges into the magazine. |
|
(b) |
"flash suppressor" means any device that designed,
intended, or that functions to reduces or redirects
muzzle flash from the shooter's field of vision. |
|
(c) |
"forward pistol grip" means a grip that allows for
a pistol style grasp forward of the trigger. |
|
(d) |
"pistol grip that protrudes conspicuously beneath the action
of the weapon" means a grip that allows for a pistol style
grasp in which the web of the trigger hand (between the thumb
and index finger) can be placed below the top of the exposed
portion of the trigger while firing. |
|
(e) |
"thumbhole stock" means a stock with a hole that allows
the thumb of the trigger hand to penetrate into or through
the stock. |
|
NOTE: |
Authority cited: Section 12276.5(i), Penal Code. Reference: Sections
12276.1, 12276.5, 12280, 12285, and 12289, Penal Code. |
Article 3. Assault Weapon Registration
978.30 Requirements for Assault Weapon Registrations
Pursuant to Penal Code Section 12285
|
(a) |
Registration applicants must be in compliance with the Roberti-Roos
Assault Weapons Control Act of 1989 commencing with Penal Code
section 12275, relative to the lawful acquisition and ownership
of any assault weapon subject to registration, |
|
(b) |
Assault weapon registrations shall be filed on a Department of
Justice (DOJ) Assault Weapon Registration Application (FD 023).
For purposes of compliance with the assault weapon registration
period pursuant to Penal Code Section 12285 (a), an assault weapon
registration application and required fee must be submitted to
the Department with a postmark date no later than the end of
the applicable registration period. If submitted on time with
the required fee, the Department will process the registration
application even if the application must be returned to an applicant
for completion or correction after the close of the registration
period. The applicant must resubmit the application within 15
days from the date on the notification letter from DOJ. The following
information is required on the DOJ Assault Weapon Registration
Application (FD 023): |
|
(1) |
Registrant information: registrant's name; date of birth; sex;
height; weight; eye color; hair color; residence address (physical);
mailing address; telephone number; California Driver License
(CDL) number or Identification number issued by the California
Department of Motor Vehicles (DMV); signature; date; right thumb
print; and |
|
(2) |
Assault weapon information: serial number; make; model; type;
caliber; day (if known), month (if known), and year of acquisition;
name and address of person or firearms dealership from whom assault
weapon was acquired (optional); |
|
(c) |
Joint registrations will be permitted for assault weapons owned
by family members residing in the same household. |
|
NOTE: |
Authority cited: Sections 12276.5(i), and 12285(a) and (e), Penal
Code, Reference: Sections 12276.5(i), and 12285(a) and (e), Penal
Code. |
978.31 Fees
Assault weapon registration applications shall be accompanied
by a fee of $20 per person for any number of assault weapons
registered at one time.
|
NOTE: |
Authority cited: Section 12285(a), Penal Code. Reference; Section
12285(a), Penal Code. |
978.32 Processing Times
|
(a) |
The time standards for processing assault weapon registration
applications are as follows: |
|
(1) |
Within 30 days after the date of receipt of an application, the
Department shall either inform the applicant, in writing, that
the application is complete and accepted for processing, or return
the application as deficient and specify what information is
required. |
|
(2) |
Within 75 days after the date of receipt of a completed application,
the Department shall complete the processing of the application. |
|
(b) |
If the Department fails to meet its time standards for processing
an assault weapon registration application, the applicant, within
30 days from the date of the notice of the final decision granting
or denying the registration, may apply in writing for a full
reimbursement of any and all registration fees. The Department
shall respond within 10 days of receipt of a request for reimbursement.
If the reimbursement request is denied, the applicant may appeal
the denial, in writing, directly to the Attorney General. The
appeal must be filed within 30 days of the date the applicant
was notified of the reimbursement denial and shall set forth
a concise statement of facts and chronology of events regarding
the application. Following any investigation of the matter which
the Attorney General deems appropriate, and within 30 days from
the date of receipt of the appeal, a decision shall be issued.
The appeal shall be decided in the applicant's favor if the Department
exceeds the maximum time period for the processing of the application
and the Department has failed to establish good cause for exceeding
this time period. Information regarding this appeal process shall
be included with all assault weapon registration application
forms. |
|
NOTE: |
Authority cited: Sections 15376 and 15378, Government Code. Reference:
Sections 15376 and 15378, Government Code. |
978.33 Voluntary Cancellations
|
(a) |
The Department will accept voluntary cancellations for assault
weapons that are no longer possessed by the registrant. Cancellations
will also be accepted for assault weapons, defined and registered
pursuant to Penal Code section 12276.1, that have been modified
or reconfigured to no longer meet the assault weapon definition.
Cancellation requests must be signed, dated, and provide the
following information: |
|
(1) |
Registrant's full name, telephone number, and current address;
make, model, and serial number of the assault weapon; and the
DOJ assault weapon registration number (as indicated on the registration
confirmation letter provided to the registrant at the time of
registration). If the DOJ assault weapon registration number
is unknown, the request must be notarized. |
|
(b) |
After confirmation of the information provided on the cancellation
request, the Department will permanently delete the registration
for the specified assault weapon(s). If there are no remaining
assault weapons registered to the individual, all personal information
regarding the registrant will also be deleted from the assault
weapon data base. The Department will mail confirmation of the
cancellation to the address provided on the request. |
|
NOTE: |
Authority cited: Section 12285, Penal Code. Reference: Section
12285, Penal Code. |
Article 4. Large Capacity Magazine Permits
978.40 Requirements for Large Capacity Magazine
Permits Pursuant to Penal Code Section 12079
|
(a) |
This article applies to Penal Code section 12079 permits for
the out of state importation and exportation of large capacity
magazines as defined in Penal Code section 12020 (c)(25). Importation
and exportation includes the transportation of magazines as necessary
to complete a transfer to or from an out of state source. |
|
(c) |
No permit shall be issued to any person who fails to establish
"good cause" for issuance of the permit and that the
permit would not endanger public safety. "Good cause"
shall be established by the following: |
|
(1) |
A statement from the applicant that a large capacity magazine
marketplace exists for their dealership; and |
|
(2) |
Compliance with The Dangerous Weapons' Control Law commencing
with Penal Code section 12000 relative to large capacity magazines
and record keeping requirements specified in section 978.43 of
these regulations. |
|
(d) |
Large capacity magazine permit applications shall be filed on
a Department of Justice form (FD 050) which requires the following
information: California Firearms Dealership (CFD) number; dealership
name; dealership mailing address; statement of good cause; signature
of dealership licensees; and date. |
|
NOTE: |
Authority cited: Sections 12020 (b)(26) and 12079, Penal Code.
Reference: Sections 12020, 12079, 12276.1, 12276.5 and 12285,
Penal Code. |
978.41 Processing Times
|
(a) |
The time standards for processing large capacity magazine permit
applications are as follows: |
|
(1) |
Within 30 days after the date of receipt of an application, the
Department shall either inform the applicant, in writing, that
the application is complete and accepted for processing, or return
the application as deficient and specify what information is
required. |
|
(2) |
Within 30 days after the date of receipt of a completed application,
the Department shall complete the processing of the application. |
|
(b) |
If the Department fails to meet its time standards for processing
a large capacity magazine permit application, the applicant,
within 30 days from the date of the notice of the final decision
granting or denying the application, may apply in writing for
a full reimbursement of any and all application fees. The Department
shall respond within 10 days of receipt of a request for reimbursement.
If the reimbursement request is denied, the applicant may appeal
the denial, in writing, directly to the Attorney General. The
appeal must be filed within 30 days of the date the applicant
was notified of the reimbursement denial and shall set forth
a concise statement of facts and chronology of events regarding
the application. Following any investigation of the matter which
the Attorney General deems appropriate, and within 30 days from
the date of receipt of the appeal, a decision shall be issued.
The appeal shall be decided in the applicant's favor if the Department
exceeds the maximum time period for the processing of the application
and the Department has failed to establish good cause for exceeding
this time period. Information regarding this appeal process shall
be included with all large capacity magazine permit application
forms. |
|
NOTE: |
Authority cited: Sections 15376 and 15378, Government Code. Reference:
Sections 15376 and 15378, Government Code. |
978.42 Term Length of Large Capacity Magazine Permits
|
(a) |
The term of a large capacity magazine permit shall be from January
1 through December 31. It is the responsibility of the permittee
to submit a completed renewal application prior to December 31
of each year in order to maintain uninterrupted status as a large
capacity magazine permittee. Renewal applications shall be submitted
on the form (FD 050) prescribed in section 978.40 (b) of these
regulations. |
|
(b) |
If at any time a permittee is not among the licensed firearms
dealers on the Department of Justice Centralized List of Firearms
Dealers, the large capacity magazine permit is no longer valid
and shall be canceled. |
|
NOTE: |
Authority cited: Section 12079, Penal Code. Reference: Sections
12020 and 12079, Penal Code. |
978.43 Large Capacity Magazine Permit Record Keeping
Permittees shall maintain acquisition and disposition transaction
records of the importation and exportation of large capacity
magazines. Records shall include transaction date, transaction
volume; and the name, address, and Federal Firearms License number
(if any) of the out of state transferee or transferor. Records
must be maintained at the dealership for three years and be made
available to representatives of the Department of Justice or
any other law enforcement agency upon request.
|
NOTE: |
Authority cited: Section 12079, Penal Code. Reference: Section
12079, Penal Code. |
978.44 Large Capacity Magazine Permit Revocations
|
(a) |
Large capacity magazine permits shall be subject to revocation
for failure to comply with record keeping requirements specified
in section 978.43 of these regulations or for failure to comply
with The Dangerous Weapons' Control Law commencing with Penal
Code section 12000 relative to large capacity magazines. |
|
(b) |
All procedures and hearings related to the revocation of a large
capacity magazine permit shall be conducted in accordance with
Chapter 5 (commencing with section 11500) of Part 1 of Division
3 of Title 2 of the Government Code. |
|
NOTE: |
Authority cited: Section 12079, Penal Code. Reference: Section
12079, Penal Code; and Chapter 5 commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code. |
|
