SECTIONS 12250-12251 - California Statutes

PENAL CODE

SECTION 12250-12251

12250. (a) The Department of Justice may grant licenses in a form
to be prescribed by it effective for not more than one year from the
date of issuance, to permit the sale at the place specified in the
license of machineguns subject to all of the following conditions,
upon breach of any of which the license shall be revoked:
1. The business shall be carried on only in the place designated
in the license.
2. The license or a certified copy thereof must be displayed on
the premises in a place where it may easily be read.
3. No machinegun shall be delivered to any person not authorized
to receive the same under the provisions of this chapter.
4. A complete record must be kept of sales made under the
authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser's permit, if
any, and the signature of the purchaser or purchasing agent. This
record shall be open to the inspection of any peace officer or other
person designated by the Attorney General.
(b) Applications for licenses 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 firearms are to be put.
Applications and licenses shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a license 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 license 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 license 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.

12251. It shall be a public nuisance to possess any machinegun in
violation of this chapter, and the Attorney General, any district
attorney or any city attorney may bring an action before the superior
court to enjoin the possession of any such machinegun.
Any such machinegun found to be in violation of this chapter shall
be surrendered to the Department of Justice, and the department
shall destroy such machinegun so as to render it unusable and
unrepairable as a machinegun, except upon the filing of a certificate
with the department by a judge or district attorney stating that the
preservation of such machinegun is necessary to serve the ends of
justice.