SECTIONS 12423-12426 - California Statutes

PENAL CODE

SECTION 12423-12426

12423. The Department of Justice may issue a permit for the
possession and transportation of tear gas or tear gas weapons that
are not intended or certified for personal self-defense purposes,
upon proof that good cause exists for the issuance thereof to the
applicant for this permit. The permit may also allow the applicant to
install, maintain, and operate a protective system involving the use
of tear gas or tear gas weapons in any place which is accurately and
completely described in the application for the permit.

12424. 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 place or vehicle in which the tear gas or
tear gas weapons are to be transported, kept, installed, or
maintained.
If the tear gas or tear gas weapons are to be used in connection
with, or to constitute, a protective system, the application shall
also contain the name of the person who is to install the protective
system.
Applications and permits shall be uniform throughout the state
upon 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.

12424.5. Notwithstanding Section 12423, a bank, a savings and loan
association, a credit union, or an industrial loan company which
maintains more than one office or branch may make a single annual
application for a permit. In addition to the requirements set forth
in this article, that application shall separately state the business
address and a full description of each office or branch in which the
tear gas or tear gas weapons are to be kept, installed, or
maintained. Any location additions or deletions as to offices or
branches shall be reported to the department within 60 days of the
change.
A single permit issued under this section shall allow for the
possession, operation, and maintenance of tear gas at each office or
branch named in the application, including location changes.

12425. Every person, firm or corporation to whom a permit is issued
shall either carry the permit upon his person or keep it in the
place described in the permit. The permit shall be open to inspection
by any peace officer or other person designated by the authority
issuing the permit.

12426. Permits issued in accordance with this article may be
revoked or suspended by the issuing authority at any time when it
appears that the need for the possession or transportation of the
tear gas or tear gas weapons or protective system involving the use
thereof, has ceased, or that the holder of the permit has engaged in
an unlawful business or occupation or has wrongfully made use of the
tear gas or tear gas weapons or the permit issued.