View Single Post
Old 11-01-2012, 9:35 AM
Colonel Monk Colonel Monk is offline
Join Date: Feb 2011
Location: South Bay
Posts: 366
iTrader: 25 / 100%

Originally Posted by Mrs Rabbit View Post
Now please don't quote me, but I am pretty sure those letters are required and they are required to come from the agency, not the officers.
I haven't found anything in the instructions for the DW/AW permit that indicates this.

OK, from the permit application:

No dangerous weapons license or permit shall be issued to any applicant who fails to establish good cause for such license or permit or if issuance of the license or permit would endanger the public safety. (Cal. Code Regs., tit.11, 4128, subd. (b).) Applicants are required to provide clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicants can satisfy that need without endangering public safety. (Cal. Code Regs., tit.11, 4128, subd. (c).) Examples of good cause recognized by the California Department of Justice (DOJ) to establish the bona fide necessity of the issuance of a dangerous weapons license or permit are listed in DOJ's regulations. (Cal. Code Regs., tit.11, 4128, subd. (c).) Below, please describe the clear and convincing evidence of the necessity for the issuance of a dangerous weapons license or permit to you and your ability to satisfy that necessity without endangering the public safety (use additional sheet(s) as necessary)

Regarding submission of the permit application:

A completed dangerous weapons application package consists of this completed form, including your ATI number obtained from the Live Scan operator upon your submission of your fingerprint impressions; all applicable documentation of necessity as required by California Code of Regulations, title 11, section 4132 (all federal, state, and local licenses as required, as well as all relevant reference letters and other forms of documentation of necessity as applicable), and a check or money order remittance in the proper amount, payable to the Department of Justice.

Nowhere here does it say that you NEED documentation from OFFICIAL channels.

I have tried to find some info on Title 11 4128 and it says the following regarding the legitimate need:

(c) To establish good cause, an applicant must provide the Department
with clear and convincing evidence that there is a bona fide market or
public necessity for the issuance of a dangerous weapons permit or li-
cense and that the applicant can satisfy that need without endangering
public safety. Except as provided by Penal Code Section 12095, good
causes recognized by the Department to establish a bona fide necessity
for issuance of dangerous weapons permits or licenses include the fol-

(1) Sales to and/or manufacture for sales to law enforcement, military and/or dangerous weapon permittees/licensees.

(5) Repair and maintenance of dangerous weapons lawfully possessed
by others.

(7) The sale of assault weapons and/or the manufacture of assault
weapons for the sale to, purchase by, or possession of assault weapons
by: the agencies listed in subdivision (e), and the officers described in subdivision (f) of Section 12280; entities and persons who have been issued assault weapon permits; entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed herein; federal law enforcement and military agencies; law enforcement and military agencies of other states; and foreign governments and agencies approved by the United States State Department.

(8) Use of dangerous weapons for the design, manufacture, demonstration, and sales of dangerous weapons accessories to law enforcement and military agencies, qualifying peace officers, and California dangerous weapons licensee/permittees.

OK, so where I've seen somewhere else in my research on AUTOMATIC weapons permits the written demonstrated imminent need for the permit to sell to LE/Military, I do not see the same language written here regarding the Assault Weapons Permit.

What I read from the excerpts in the law I quoted above, is that if you have opportunity to sell an assault weapon or to do gunsmithing for a law enforcement officer who has AW permit, then you should be granted this permit.

My understanding is that it is not very difficult for LE officers to obtain permission to own an assault weapon for personal/duty use and training.

So just what kind of letters/documentation is required for the AW permit then?


Reply With Quote