STAGE SERVER

1927 Cal. Stat. 938

Abstract
ch. 552, §§ 1-2: Prohibited a person, firm, or corporation possessing a machine gun. Punishable by imprisonment up to 3 years and/or fine up to $5,000.
Summary
This California law makes it a crime for any person, firm, or corporation to sell, possess, or transport machine rifles, machine guns, or submachine guns without authorization, punishable by up to five years in state prison, a fine up to $5,000, or both. It exempts official use by law enforcement, military, and government agencies and establishes a permit system administered by the superintendent of the Division of Criminal Identification and Investigation for lawful possession, transportation, or sale, requiring written applications, detailed records, and display of permits. Permits may be revoked if the need ceases or if firearms are misused, and licenses for sales are subject to strict conditions, including location limits, recordkeeping, and delivery only to authorized individuals.
Law Text
An act regulating the sale, offering for sale, possession or transportation of machine rifles, machine guns and submachine guns, and providing a penalty for violation thereof. Sec. 2. Section 1 of said act is hereby amended to read as follows: Section 1. On and after the date upon which this act takes effect every person, firm or corporation, who within the State of California sells, offers for sale, possesses or knowingly transports any firearm of the kind commonly known as a machine gun, except as herein prescribed, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the state prison not to exceed five years or by a fine not to exceed five thousand dollars or by both such fine and imprisonment. Provided, however, that nothing in this act contained shall prohibit the sale to, purchase by, or possession of such firearms by any city, city and county, county, state or federal officer where such firearms are required for official use in the discharge of his duties nor to the transportation of such firearms for or on behalf of police departments and members thereof, sheriffs, and city marshals, or the military or naval forces of this state or of the United States. Sec. 3. A new section is hereby added to said act to be numbered section 3, and to read as follows: Sec. 3. It shall be lawful for the superintendent of the division of criminal identification and investigation of the department of penology to issue permits for the possession and transportation or possession or transportation of such machine guns, upon a showing satisfactory to him that good cause exists for the issuance thereof to the applicant for such permit. Sec. 4. A new section is hereby added to said act to be numbered section 4, and to read as follows: Sec. 4. All applications for such 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 said firearms are to be put. Sec. 5. A new section is hereby added to said act to be numbered section 5, and to read as follows: Sec. 5. Every person, firm or corporation to whom a permit is issued shall keep the same on his person or at the place where said firearms are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit. Applications and permits shall be uniform throughout the state on forms prescribed by the division of criminal identification and investigation. Sec. 6. A new section is hereby added to said act to be numbered section 6, and to read as follows: Sec. 6. Permits issued in accordance with this act may be revoked by the issuing authority at any time when it shall appear that the need for such firearms has ceased or that the holder of the permit has used such firearms for purposes other than those allowed by the permit. Sec. 7. A new section is hereby added to said act to be numbered section 7, and to read as follows: Sec. 7. The superintendent of the division of criminal identification and investigation of the department of penology may also grant licenses in a form to be prescribed by him effective for not more than one year from the date of issuance, to permit the sale at the place specified in the license of such firearm subject to all of the following conditions, upon breach of any of which the license shall be revoked: 1. Such business shall be carried on only in the place designated in the license. 2. Such license or a certified copy thereof must be displayed on the premises in a place where it may easily be read. 3. No such firearm shall be delivered to any person not authorized to receive the same under the provisions of this act. 4. A complete record must be kept of sales made under the authority of the permit showing the name and address of the purchaser, the number and date of issue of the purchaser's permit, if any, and the signature of the purchaser or purchasing agent.

Description

Categories

MACHINE GUN RESTRICTION

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Date

1927

Jurisdiction

California

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