2008 Dangerous Weapons Control Law
12085 thru 12086 Firearms Manufacturer Licensing
-
12085.
(a) Commencing July 1, 1999, no person, firm, or corporation licensed to manufacture firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code may manufacture firearms within this state unless licensed pursuant to Section 12086.
(b) Subdivision (a) does not apply to a person licensed to manufacture firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code who manufactures fewer than 100 firearms in a calendar year within this state.
(c) If a person, firm, or corporation required to be licensed pursuant to Section 12086 ceases operations, then the records required pursuant to paragraphs (6) and (10) of subdivision (c) of Section 12086 shall be forwarded to the federal Bureau of Alcohol, Tobacco, and Firearms within three days of the closure of business.
(d) A violation of this section is a misdemeanor.
(e)(1) As used in this section and Section 12086, the term "firearm" includes the frame or receiver of the weapon.
(2) As used in this section and Section 12086, the term "firearm" includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.
(3) For purposes of this section and Section 12086, the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code.
top
-
12086.
(a)(1) As used in this section, "licensee," means a person, firm, or corporation that satisfies both of the following:
(A) Has a license issued pursuant to paragraph (2) of subdivision (b).
(B) Is among those recorded in the centralized list specified in subdivision (f).
(2) As used in this section, "department" means the Department of Justice.
(b)(1) The Department of Justice shall accept applications for, and shall grant licenses permitting, the manufacture of firearms within this state. The department shall inform applicants who are denied licenses of the reasons for the denial in writing.
(2) No license shall be granted by the department unless and until the applicant presents proof that he or she has all of the following:
(A) A valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(B) Any regulatory or business license, or licenses, required by local government.
(C) A valid seller's permit or resale certificate issued by the State Board of Equalization, if applicable.
(D) A certificate of eligibility issued by the Department of Justice pursuant to paragraph (4) of subdivision (a) of Section 12071.
(3) The department shall adopt regulations to administer this section and Section 12085 and shall recover the full costs of administering the program by collecting fees from license applicants. Recoverable costs shall include, but not be limited to, the costs of inspections and maintaining a centralized list of licensed firearm manufacturers. The fee for licensed manufacturers who produce fewer than 500 firearms in a calendar year within this state shall not exceed two hundred fifty dollars ($250) per year or the actual costs of inspections and maintaining a centralized list of firearm manufacturers and any other duties of the department required pursuant to this section and Section 12085, whichever is less.
(4) A license granted by the department shall be valid for no more than one year from the date of issuance and shall be in the form prescribed by the Attorney General.
(c) A licensee shall comply with the following prohibitions and requirements:
(1) The business shall be conducted only in the buildings designated in the license.
(2) The license or a copy thereof, certified by the department, shall be displayed on the premises where it can easily be seen.
(3) Whenever a licensee discovers that a firearm has been stolen or is missing from the licensee's premises, the licensee shall report the loss or theft within 48 hours of the discovery to all of the following:
(A) The Department of Justice, in a manner prescribed by the department.
(B) The federal Bureau of Alcohol, Tobacco, and Firearms.
(C) The police department in the city or city and county where the building designated in the license is located.
(D) If there is no police department in the city or city and county where the building designated in the license is located, the sheriff of the county where the building designated in the license is located.
(4)(A) The licensee shall require that each employee obtain a certificate of eligibility pursuant to paragraph (4) of subdivision (a) of Section 12071, which shall be renewed annually, prior to being allowed to come into contact with any firearm.
(B) The licensee shall prohibit any employee who the licensee knows or reasonably should know is within a class of persons prohibited from possessing firearms pursuant to Section 12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code, from coming into contact with any firearm.
(5)(A) Each firearm the licensee manufactures in this state shall be identified with a unique serial number stamped onto the firearm utilizing the method of compression stamping.
(B) Licensed manufacturers who produce fewer than 500 firearms in a calendar year within this state may serialize long guns only by utilizing a method of compression stamping or by engraving the serial number onto the firearm.
(C) The licensee shall stamp the serial number onto the firearm within one business day of the time the receiver or frame is manufactured.
(D) The licensee shall not use the same serial number for more than one firearm.
(6)(A) The licensee shall record the type, model, caliber, or gauge, and serial number of each firearm manufactured or acquired, and the date of the manufacture or acquisition, within one business day of the manufacture or acquisition.
(B) The licensee shall maintain permanently within the building designated in the license the records required pursuant to subparagraph (A).
(C) Backup copies of the records described in subparagraph (A), whether electronic or hard copy, shall be made at least once a month.
These backup records shall be maintained in a facility separate from the one in which the primary records are stored.
(7)(A) The licensee shall allow the department to inspect the building designated in the license to ensure compliance with the requirements of this section.
(B) The licensee shall allow any peace officer, authorized law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the presentation of proper identification, to inspect facilities and records during business hours to ensure compliance with the requirements of this section.
(8) The licensee shall store in a secure facility all firearms manufactured and all barrels for firearms manufactured.
(9)(A) The licensee shall notify the chief of police or other head of the municipal police department in the city or city and county where the building designated in the license is located that the licensee is manufacturing firearms within that city or city and county and the location of the licensed premises.
(B) If there is no police department in the city or city and county where the building designated in the license is located, the licensee shall notify the sheriff of the county where the building designated in the license is located that the licensee is manufacturing firearms within that county and the location of the licensed premises.
(10) For at least 10 years, the licensee shall maintain records of all firearms that are lost or stolen as prescribed by the department.
(d) Except as otherwise provided in subdivision (e), as used in this section, a "secure facility" means that the facility satisfies all of the following:
(1) The facility is equipped with a burglar alarm with central monitoring.
(2) All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry.
(3) All perimeter doorways are designed in one of the following ways:
(A) A windowless steel security door equipped with both a deadbolt and a doorknob lock.
(B) A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
(C) A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.
(D) Hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door.
(E) Hinges and hasps installed so that they cannot be removed when the doors are closed and locked.
(4) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
(5) No perimeter metal grates are capable of being entered by any person.
(6) Steel bars used to satisfy the requirements of this subdivision are not capable of being entered by any person.
(7) Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
(8) Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards.
(9) Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe.
(e) For purposes of this section, any licensed manufacturer who produces fewer than 500 firearms in a calendar year within this state may maintain a "secure facility" by complying with all of the requirements described in subdivision (d), or may design a security plan that is approved by the Department of Justice or the federal Bureau of Alcohol, Tobacco, and Firearms.
(1) If a security plan is approved by the federal Bureau of Alcohol, Tobacco, and Firearms, the approved plan, along with proof of approval, shall be filed with the Department of Justice and the local police department. If there is no police department, the filing shall be with the county sheriff's office.
(2) If a security plan is approved by the Department of Justice, the approved plan, along with proof of approval, shall be filed with the local police department. If there is no police department, the filing shall be with the county sheriff's office.
(f)(1) Except as otherwise provided in this subdivision, the Department of Justice shall maintain a centralized list of all persons licensed pursuant to paragraph (2) of subdivision (b). The centralized list shall be provided annually to each police department and county sheriff within the state.
(2) Except as provided in paragraph (3), the license of any licensee who violates this section may be revoked.
(3) The license of any licensee who knowingly or with gross negligence violates this section or violates this section three times shall be revoked, and that person, firm, or corporation shall become permanently ineligible to obtain a license pursuant to this section.
(g)(1) Upon the revocation of the license, notification shall be provided to local law enforcement authorities in the jurisdiction where the licensee's business is located and to the federal Bureau of Alcohol, Tobacco, and Firearms.
(2) The department shall make information concerning the location and name of a licensee available, upon request, for the following purposes only:
(A) Law enforcement.
(B) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(3) Notwithstanding paragraph (2), the department shall make the name and business address of a licensee available to any person upon written request.
(h) The Department of Justice shall maintain and make available upon request information concerning the number of inspections conducted and the amount of fees collected pursuant to paragraph (3) of subdivision (b), the number of licensees removed from the centralized list described in subdivision (f), and the number of licensees found to have violated this section.
top
Back
