SECTIONS 12095-12099 - California Statutes

PENAL CODE

SECTION 12095-12099

12095. (a) If it finds that it does not endanger the public safety,
the Department of Justice may issue permits initially valid for a
period of one year, and renewable annually thereafter, for the
manufacture, possession, transportation, or sale of short-barreled
shotguns or short-barreled rifles upon a showing that good cause
exists for the issuance thereof to the applicant for the permit. No
permit shall be issued to a person who is under 18 years of age.
(b) Good cause, for the purposes of this section, shall be limited
to only the following:
(1) The permit is sought for the manufacture, possession, or use
with blank cartridges, of a short-barreled rifle or short-barreled
shotgun, solely as props for a motion picture, television, or video
production or entertainment event.
(2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities
listed in paragraph (1) of subdivision (b) of Section 12020 by
persons who are licensed as dealers or manufacturers under the
provisions of Chapter 53 (commencing with Section 5801) of Title 26
of the United States Code, as amended, and the regulations issued
pursuant thereto.

12096. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address,
and a full description of the use to which the short-barreled
shotguns or short-barreled rifles are to be put.
Applications and permits shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. A permit granted pursuant to this article may be renewed one
year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.

12097. (a) Every person, firm, or corporation to whom a permit is
issued shall keep it on his or her person or at the place where the
short-barreled shotguns or short-barreled rifles are kept. The permit
shall be open to inspection by any peace officer or any other person
designated by the authority issuing the permit.
(b) Every short-barreled shotgun or short-barreled rifle possessed
pursuant to the provisions of this article shall bear a unique
identifying number. If a weapon does not bear a unique identifying
number, the Department of Justice shall assign a number which shall
be placed or stamped on that weapon.

12098. Permits issued in accordance with this article may be
revoked by the issuing authority at any time when it appears that the
need for the short-barreled shotguns or short-barreled rifles has
ceased or that the holder of the permit has used the short-barreled
shotguns or short-barreled rifles for purposes other than those
allowed by the permit or that the holder of the permit has not
exercised great care in retaining custody of any weapons possessed
under the permit.

12099. (a) Except as provided in subdivision (b), the Department of
Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of short-barreled shotguns and short-barreled rifles.
(b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.