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I'ATEOFCALIFORNIA—OFFICE OP ADMINISTRATIVE.>'.a ~ r ~' I ~ } ~~ ~ ` ~ (See instructions on ~~TIGE RI~Bl,ICATION/R~~i~L~.~`iON~ S~~f~i~SSf~~ ~ ` ~ ~, ~ ' reverse) TD. 400 (REV. C1-1073) OAL FILE NOTICE FILE NUMBER REGULATORY ACTION NUMBEN E ERGENCY NUMBER NUMBERS Z- ~ Vd (~+/ "' ~p~ ~ ~"" ~~ For use by Once of Administrative Law (OAL) only .,r r~, NOTICE REGULATIONS AGENCY WITH RULEMAKING AUTHORITY Department ofJustice For use by Secretary of State only ~. PUBLICATION OF NOTICE (Camplete for publocation in Notice Register) . SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE 3ullet-Button Assault Weapons 11 5469 ASAP ~. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) Notice re Proposed q (916) 227-5419 Re ulatory Action X Other Jac ueline Dosch DAL USE ~A~TION ON PROPOSED NOTlCF ~ NOT!CE REGfSTFR NUMBER PUBLICATION DATE ~~ ~Y ' —'- ApprovecJ as ~~ Approve6 es Disapproved! ~ I~ Submitted L_J >vlod~fied ~ Withdrawr, B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) la. SUBJECT OF ftEGULATION(S) 1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Bullet -Button Assault Weapons 2. SPECIFY CALIFORNIA CODE DEREGULATIONS TITLES) AND SECTIONS ) (Including title 26, if toxics related) ADOPT --- SECTIOl1!(5)AFFECTED (List ail section numbers) Sections 5470, 5471, 5472, 5474, 5474.7,5474.2, 5475,5476, 5477, and 547$ indevie9esa6fy. A4R~GIt AMEND additional sheet if needed.) Sections 5469 and 5473 TITLES) REPEAL 11 3. TYPE OF PILING Regular Rulemaking {Gov. ~ Certificate of Compliance: The agency officer named ~~~~~~~~~~~ Readopt (Gov. ~~~~~~~~~ Without Regulatory Code §11346) pelow certifies that this agency complied with the Code, §11346.1(h)) Effect (Gal. Code Regs., title Resubmittal of disapproved or provisions of Gov. Code ~§17346.2-11347.3 either 1, §100) withdrawn nonemergency before the emergency regulation was adopted or Fiie &Print Print OnI filing (Gov, Code §§11349.3, within the time period required by statute. ~ ~ Y 11349.4) Emergency (Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify) §71346.1.(b)) emergency filing (Gov. Code, §11346.1) 4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND(OR MATERIAL ADDED TO THE~RULEMAKING FILE {Cal. Code Regs. title t, §44 and Gov. Code §i 1347.1) N/A 5. EFFECTIVE DATE OF CHANGES (Gov. lode, §~ 11343.4, 11346.1(d); Cal. Code Regs., title i, §700) Effective January 1, April 1, July 1, or Effective on filing with §100 Changes Without Effective ,JdtlUar 1 2017. October 1 {Gov. Code 41 i 343A(a)) ~ Secretary of State ~ Regulatory Effect ~ other (Specify) y ~ 6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Finance (Form STD. 399) (SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other (Specify) 7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) E-MAIL ADDRESS (Optional) Jacqueline Dosch (916) 227-5419 [email protected] $• 1 certify that the a#tached copy of the regulations) is a true and correct copy For use by Office of Administrative Law (DAL) only of the regulations) identified on this form, that the information specified an this form is true and correct, and that 1 am the head of the agency taking this action, or a designee of the head of the. agency,and am authorized to make this certification. TYPED NAME-AND TITLE OF SIGNATORY Nathan R. Barankin, Chief Deputy Attorney General
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.,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

Oct 28, 2020

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Page 1: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

I'ATEOFCALIFORNIA—OFFICE OP ADMINISTRATIVE.>'.a ~ r ~' I ~ } ~~ ~ ` ~ (See instructions on~~TIGE RI~Bl,ICATION/R~~i~L~.~`iON~ S€~~f~i~SSf~~ ~ ` ~ ~, ~ ' reverse)TD. 400 (REV. C1-1073)

OAL FILE NOTICE FILE NUMBER REGULATORY ACTION NUMBEN E ERGENCY NUMBER

NUMBERS Z- — — ~ Vd (~+/ "' ~p~ ~ ~"" ~~For use by Once of Administrative Law (OAL) only

.,rr~,

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY

Department ofJustice

For use by Secretary of State only

~. PUBLICATION OF NOTICE (Camplete for publocation in Notice Register). SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3ullet-Button Assault Weapons 11 5469 ASAP~. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional)

Notice re Proposed ❑ q (916) 227-5419Re ulatory Action X Other Jac ueline Dosch

DAL USE ~A~TION ON PROPOSED NOTlCF ~ NOT!CE REGfSTFR NUMBER PUBLICATION DATE~~ ~Y ' —'- ApprovecJ as ~~ Approve6 es Disapproved! ~

I~ Submitted L_J >vlod~fied ~ Withdrawr,

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)

la. SUBJECT OF ftEGULATION(S) 1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)

Bullet-Button Assault Weapons2. SPECIFY CALIFORNIA CODE DEREGULATIONS TITLES) AND SECTIONS) (Including title 26, if toxics related)

ADOPT ---SECTIOl1!(5)AFFECTED(List ail section numbers) Sections 5470, 5471, 5472, 5474, 5474.7, 5474.2, 5475, 5476, 5477, and 547$

indevie9esa6fy. A4R~GIt AMEND

additional sheet if needed.) Sections 5469 and 5473TITLES) REPEAL

11

3. TYPE OF PILING

Regular Rulemaking {Gov. ~ Certificate of Compliance: The agency officer named ~~~~~~~~~~~Readopt (Gov. ~~~~~~~~~Without RegulatoryCode §11346) pelow certifies that this agency complied with the Code, §11346.1(h)) Effect (Gal. Code Regs., title

❑ Resubmittal of disapproved or provisions of Gov. Code ~§17346.2-11347.3 either 1, §100)withdrawn nonemergency before the emergency regulation was adopted or Fiie &Print Print OnIfiling (Gov, Code §§11349.3, within the time period required by statute. ~ ~ Y

11349.4)

Emergency (Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify)§71346.1.(b)) emergency filing (Gov. Code, §11346.1)

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND(OR MATERIAL ADDED TO THE~RULEMAKING FILE {Cal. Code Regs. title t, §44 and Gov. Code §i 1347.1)N/A

5. EFFECTIVE DATE OF CHANGES (Gov. lode, §~ 11343.4, 11346.1(d); Cal. Code Regs., title i, §700)Effective January 1, April 1, July 1, or Effective on filing with §100 Changes Without Effective

,JdtlUar 1 2017.October 1 {Gov. Code 41 i 343A(a)) ~ Secretary of State ~ Regulatory Effect ~ other (Specify) y ~6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY

Department of Finance (Form STD. 399) (SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal

Other (Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) E-MAIL ADDRESS (Optional)Jacqueline Dosch (916) 227-5419 [email protected]

$• 1 certify that the a#tached copy of the regulations) is a true and correct copy For use by Office of Administrative Law (DAL) only

of the regulations) identified on this form, that the information specified an this formis true and correct, and that 1 am the head of the agency taking this action,or a designee of the head of the. agency, and am authorized to make this certification.

TYPED NAME-AND TITLE OF SIGNATORYNathan R. Barankin, Chief Deputy Attorney General

Page 2: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

California Code of RegulationsTitle 11, Division 5

Chapter 39 Assault Weapons and Large-Capacity Magazines

~o_~v~i4i~v~n ~'T'os.mn TTc~oia t~ Ta~v~4~~cr /~ c~c.n~~~t ~xTonv~~v~n Rp y~ {' y~Article. 2. L~Vi11111~1V1113 Vl 1 V1111U lJ VV4L VV iL.IVIIGII~~1~-~,~~G~T71Ti3 1\V l~ S~l~1.1~11

Requirement, What Qualifies for Registration, and Definitions

§ 5469. z1~~~~ Registration of Assault Weapons Pursuant to Penal Code Section34900fb~(1); Who Must Register.

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Any_persan who, from January 1, 2001. to December 31, 2016, inclusive. lawfully bossessed anassault weabon that does not have a fixed magazine as defined in Penal Code section 3 QS 1 Sincluding~those weapons with an ammunition feeding device that can be readily removed framthe firearm with the use of a tool (commonly referred to as a bullet=button weabonl must registerthe firearm before January 1, 2018.

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Page 1 of 15

Page 3: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

, 5470. Registration of Assault Weapons Pursuant to Penal Code Section 309Q0(bZ(1 ;WhichWeapons Must be Registered.

~a~ Except as provided in section 5472, an assault weapon that does not have a fixedmagazine, as defined by Penal Code section 30515, must be registered with theDepartment before January 1, 2018.

bbl A semiautomatic, centerfire firearm (rifle, pistol, shot) with an ammunition feedingdevice that can be readily removed from the firearm with the use of a tool, commonlyreferred to as a bullet-button weapon, that has one or more specified features identified inPenal Code section 3051 ~ is included in the category of firearms that must be re ist~ erect•

(cl A semiautomatic, rimfire pistol with an ammunition feeding device that can be readilyremoved from the firearm with the use of a tool, commonly referred to as a bullet-buttonweapon, which has one or more specified features identified in Penal Code section 30515is included in the category of firearms that must be re ist~ erect•

Note: Authority cited: Section 3Q900, Penal Code. Reference: Sections 30515, 30680, 30900 and30950, Penal Code.

& 5471. Registration of Assault Weapons Pursuant to Penal -Code Section 30900(b)(1);Explanation of Terms Related to Assault Weapon Desi nab tion•

For purposes of Penal Code section 30515 and this Chapter the following definitions shall apply:

(a) "Ability to accept a detachable magazine" means with respect to a semiautomatic shot un;it does not have a fixed ma azine.

(b) "Action" means the working mechanism of a semiautomatic firearm, which is thecombination of the receiver or frame and breech bolt tether with the other parts of the.mechanism by which a firearm is loaded, fired, and unloaded.

(c) "Barrel" means the tube~usually metal and c~indrical, through which a projectile or shotcharge is fired. Barrels may have a rifled or smooth bore,

{d) "Barrel len thg 'means the length of the barrel measured as follows: Without considerationof env extensions or protrusions rearward of the closed bolt or breech-face the approvedprocedure for measuring barrel length is to measure from the closed bolt (or breech-face)to the furthermost end of the barrel or permanently attached muzzle device. Permanentmethods of attachment include full-fusion gas or electric steel- seam welding hi~h-temperature (1100° F1 silver soldering, or blind pinning with the pin head welded over.Barrels are measured by inserting a dowel rod into the barrel until the rod stops againstthe closed bolt or breech-face. The rod is then marked at the furthermost end of the barrelor t~ermanently attached muzzle device, withdrawn from the barrel, and measured:

Page 2 of Z5

Page 4: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

~eZ "Bullet" means the ~aro~ectile exbelled from a gun. It is not svnonvmous with a cartridge.Bullets can be of manv materials, shapes, wei ht~s, and constructions such as solid lead,lead with a jacket of harder metal, round-nosed, flat-nosed, hollow-bointed, et cetera.

~fl `Bullet-button" means a product requiring a tool to remove an ammunition feedin d~ eviceor magazine by depressing a recessed button or lever shielded by a magazine lock. Abullet-button equipped fully functional semiautomatic firearm does not meet the fixedmagazine definition under Penal Code section 30515(b~.

~~) `Bore" means the interior of a firearm's barrel excluding; the chamber.

~h) "Caliber" means the nominal diameter of a ~roiectile of a rifled firearm or the diameterbetween lands in a rifled barrel. In the United States, caliber is usually expressed inhundreds of an inch' in Great Britain in thousandths of an inch; in Europe and elsewherein millimeters.

~i) "Cartridge" means a complete round of aininunition that consists of a primer, a case,propellant powder and one ar more projectiles.

{il "Centerfire" means a cartridge with its primer located in the center of the base of the case.

~k) "Contained in" means that the magazine cannot be released from the firearm while theaction is assembled. For AR-15 style firearms this means the ma~;azine cannot bereleased from the firearm while the upper receiver and lower receiver are joined to eg ther.

~l) "Department" means the California Department of Justice.

An AR-15 style firearm that has abullet-button style magazine release with a ma ne~L t lefton the bullet-button constitutes a detachable magazine. An AR-15 style firearm lacking amagazine catch assembly (magazine catch magazine catch siring and magazine releasebuttonLconstitutes adetachable magazine. An AK-47 style firearm lacking a magazinecatch assembly {magazine catch s~rin~and rivetlpin} constitutes a detachable ma ag zine.

fin} "Disassembly of the firearm action" means the fire control assembly is detached from the

action in such a way that the action has been interrupted and will nat fiznction. For

example disassembling the action on a two part receiver like that on an AR-15 style

firearm would require the rear take dawn pin to be removed the upper receiver lifted

upwards and away from the lower receiver using the front divot din as the fulcrum

before the magazine may be removed.

Page 3 of 15

includes any belted or linked ammunition but does not include clips, en bloc clips, orstripper clips that load cartridges into the ma ag zine•

Page 5: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthecharacteristics listed in California Penal Code section 30515.

~) "Fixed magazine" means an ammunition feeding device contained in, or permanentlyattached to, a firearm in such a manner that the device cannot be removed withoutdisassembly of the firearm action.

(q) "Flare launcher" means a device used to launch signal flares.

~r~ "Flash suppressor" means. any device attached to the end of the ban el, that is desi ned,intended, or functions to perceptibly reduce or redirect muzzle flash from the shooter`sfield of vision. A hybrid device that has either advertised flash suppressingproperties orfunctionally has flash su~ressin~properties would be deemed a flash suppressor. Adevice labeled or identified by its manufacturer as a flash hider would be deemed a flashsu~~ressor.

(s) "FMBUS" means a Firearm Manufactured BY Unlicensed Subject.

fit) "Forward pistol grip" means a grip that allows far a pistol st~grasp forward of thetrier.

ul "Frame" means the receiver of a pistol.

vl "Grenade launcher" means a device capable of launching a grenade.

w1 "Permanently attached to" means the magazine is welded. epoxied. or riveted into themagazine well. A firearm with a magazine housed in a sealed magazine well and thenwelded, epoxied, or riveted into the sealed magazine will meet the definition of"permanently attached to".

{x) "Overall length of less than 30 inches" with respect to a centerfire rifle means the rifle hasbeen measured in the shortest possible configuration that the weapon will function/fireand the measurement is less than 30 inches. Folding and telescoping stocks shall becollapsed prior to measurement. The approved method for measuring the len~;th of therifle is to measure the firearm from the end of the barrel, or permanentl, a~ached muzzledevice, if so ec~ui~ped to that part of the stock that is furthest from the end of.the barrel, orpermanently attached muzzle device. (Prior to taking ameasurement- the owner must. alsocheck any muzzle devices for how they are attached to the barrel.

"Pistol" means any device designed to be used as a weabon, from which a praiectile isexpelled by the force of andplosion, or other farm of combustion, and that has a barrelless than 16 inches in length. This definition includes AR-15 style pistols with pistol buffertubes attached. Pistol buffer tubes tv~ically have smooth metal with no guide on thebottom for rifle stocks to be attached, and they sometimes have a foam pad on the end ofthe tube farthest from the receiver.

Page 4 of 15

Page 6: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

(zZ "Pistol ~~ip that protrudes cons icuously beneath the action of the weapon" means a grip:that. allows for a pistol stye rasp in which the web of .the trier hand (between the thumband index finger can be placed beneath or below the top of the exposed portion of thetri~~er while firing. This definition includes ip stol gips on bullpup firearm designs

~aa~ "Receiver" means the basic unit of a firearm which houses the firing and breech

ebb) "Receiver, lower" means the lower part of a two mart receiver.

~cc) "Receiver, unfinished" means a precursor part to a firearm that is not vet le~allv a firearm

worked on and the magazine well.has been machined open. Firearms Manufactured bXUnlicensed Subiects (FMBUSI began as unfinished receivers.

(dd) "Receiver, upper" means the tomportion of a two part receiver.

(ee) "Rifle" means a weapon designed or redesigned made or remade and intended to be firedfrom the shoulder and designed or redesigned and made or remade to use the energ o~ f theexplosive in a fixed cartridge to fire only a single projectile through a rifled bore for eachsin lie dull of the trig er.

off) "Rimfire" means a rimmed or flanged cartridge with the priming mixture located inthe rim of the case.

(gg) "Second hand~,ri~" means a grip that allows the shooter to grip the pistol with their non-tri~ger hand. The second hand ~ri~ often has a grid texture to assist the shooter in weaponcontrol.

~hh) "Semiautomatic" means a firearm functionally able to fire a single cartridge eject theempty case and reload the chamber each time the trigger is dulled and released Further

.certain necessary mechanical parts that will allow a firearm to function in a semiautomaticnature must be present for a weapon to be deemed semiautomatic. A weapon clearlXdesigned to be semiautomatic but lacking a firing pin bolt carrier gas tube or some othercrucial dart of the firearm is not semiautomatic for ~ur~oses of Pedal Code section 3051530600 and 34605(a) and 3Q900.

(1} A mechanically whole semiautomatic firearm merely lackin~,_aininunition and aproffer magazine is a semiautomatic firearm.

(2) A mechanically whole semiautomatic firearm disabled b~~un lock or other firearmsafety device is a semiautomatic firearm (All necessaryparts are present once thedun lock or firearm safety device is removed and weapon can be loaded with a

Page 5 of 15

Page 7: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

magazine and prober ammunition.)

(3) With regards to an AR-15 style firearm if a complete upper receiver and a completelower receiver are completely detached from one another, but still in the possession or.under the custody or control of the same person the firearm is not a semiautomaticfirearm.

~4 A stri~~ed AR-15 lower receiver when sold at a California gun store is nota semiautomatic firearm. (The action type among other think is undetermined ~

(ii "Shogun with a revolving cylinder" means a shogun that holds its a~ilmunition in acylinder that acts as a chamber much like a revolver. To meet this definition the shogun'scylinder must mechanically revolve or rotate each time the weapon is fired. A cylinderthat must be manually rotated by the shooter does not qualify as a revolvin~cvlinder.

(jj) "Shroud" means a heat shield that is attached to, or partially or completely encircles thebarrel, aliowin~ the shooter to fire the weapon and hold the barrel component withoutburning the shooter's hand. A slide that encloses the barrel is not a shroud.

(kk) "S~igot" means a muzzle device on some firearms that are intended to fire grenades Thes~i~ot is what the grenade is attached to prior to the launching of a grenade.

(11) "Stock" means the part of a rifle, carbine, or shotgun to which the receiver is attached andwhich provides a means for holding the weapon to the shoulder. A stock maybe fixedfolding, or telescoping,

(mm~ "Stock fixed" means a stock that does not move fold or telescope

inn) "Stock, folding' means a stock which is hinged in some fashion to the receiver to allowthe_stock to be folded next to the receiver to reduce the overall len t~h of the firearm. Thisdefinition includes under folding and over foldin stocks.

boo) "Stock, telesco~in~" means a stock which is shortened or len hened by allowing onesection to teiesco~e into another portion. On AR-15 style firearms the buffer tube arreceiver extension acts as the fixed part of the stock on which the telescoping butt stockslides or telescopes.

{pp~ "Those weapons with an ammunition feeding device that can be readily removed from thefirearm with the use of a tool" means functional semiautomatic rifles pistols and shotgunswith bullet-button style magazine releases and one or more features as defined in PenalCode section 30515 and. these regulations. These weapons do not have a fixed magazine

(qql "Thumbhole stock" means a stock with a hole that allows the thumb of the trigger hand topenetrate into or through the stock while firing

(rr) "Threaded barrel capable of accepting a flash su~pbressor forward hand~rip or silencer"

Page 6 of 15

Page 8: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

means a threaded barrel able to accept a flash suppressor forward handgrip or silencer.and includes a threaded barrel with any one of those features already mounted on it Somefirearms have "lugs" in lieu of threads on the end of the barrel These lugs are- used toattach some versions of silencers. For bur~oses of this definition a lugged barrel is thesame as a threaded barrel.

Note: Authority cited: Section 3Q900, Penal Code. Reference• Sections 16200L16350 16460

5472. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1)• WeaponsThat Will Not be Registered as Assault Wea~ans

(a) The Department will nat register as an assault weapon a firearm that has been sold afterJanuary 1, 2017.

fib) The Department will not register a firearm that was rectuired to be registered under priorassault weapon registration laws in effect before January 1 2017 These wea~ans includefirearms known as "named assault weapons" and are listed in Penal Code section 30510and sections 5495 and 5499 of Chapter 40

(cl The Department will not register a firearm as an assault weapon if the firearm is "featureless.

{d) The Department will not register a firearm as an assault weapon if the firearm has a fixedmagazine that holds ten rounds or less.

~e~ The Department will not register a firearm as an assault weapon unless the firearm is fullyassembled and fully functional.

The Department will not. register as an assault weapon a firearm manufactured by aFederally-licensed manufacturer if the firearm does not have a serial number appliedpursuant to federal law.

~l The Department will not register as an assault weapon a firearm manufactured beanunlicensed subject if the firearm does not have a serial number assi n~ ed by theDetaartment and applied by the owner or agent pursuant to section 5474 2

Page 7 of 15

Article 3. Assault Weapon Registration

Page 9: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

Note: Authority cited: Sections 30900, Penal Code. Reference: Sections 34515, 30680, 30900and 30950 Penal Code.

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§ 5473. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b~(l~; CaliforniaFirearms Application Reportin~5 stem "CFARS"l; Account Requirements.

(a Assault Weapon registrations must be filed electronicall~g the Department'sCalifornia Firearms Application Reportin~Svstem (CFARS), at the follawin~website:https:Ucfars.doj.ca. og vlla ig n•do.

(b) A CFARS account must be created to use the electronic registration system. To create aCFARS account, assault weapon registrants will be required to agree to the followingconditions of use:

1) Non-Liability: The Department is not responsible far and will have no liability for anhardware, software information, or other items or any services provided bey:persons other than the Department. In no event shall either party be liable to the otheror any third ~artv, under andtheory of liability, including, but not limited to, anycontract or tort claim for any .cause whatsoever, for any indirect, incidental, special, orconsequential damages, including loss of revenue or profits, even if aware of the

Page 8 of 15

Page 10: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

possibility thereof.

(21 Authorization: I am authorized to use CFARS for the purpose of reporting firearminformation to the Department in order to com~ly with California firearm laws andregulations. If I become aware of an unauthorized user obtaining access to myCFARS account, I will notify the Customer Support Center immediately at (916 227_7527, or via email at: firearms.bureau(cr~doj.ca.~ov.

(3~ Fees: Notwithstanding such notification, the Department shall not be liable fortransaction charges fraudulently incurred. It will be the cardholder's responsibilit~o

pay an~ges. The Department will not provide refunds after the submission of atransaction.

~4~ True and Accurate Information: All of the information I submit to the Departmentthrough CFARS sha11 be truer accurate, and complete to the best of my knowledge.

{cl The following information must be provided b~e~istrants in order to create a CFARSaccount:

(11 Full Name

(2) Email Address

(3} Three Security Questions and Answers

(4) Password

Note: Authority cited: Section ~8~-~8 30900, Penal Code. Reference: Sections 30515, 306$0~nnnc main ~na~~ ~no~n ~no~c ~zn~~n ~nn~ ~n~~n ~n~~c30900, ~~~~~-~~, ~~~~~~~-,~~-,~ and 3495.0, ~9~93-5;

Penal Code.

§ 5474 Registration of Assault Weapons Pursuant to Penal Code Section 30900(bZ(1~ Applicantand Firearms information.

Once a CFARS account has been created registrants must provide the following information:

{a) The registrant's full name address telephone number date of birth sex hei h~ t weighteve color hair color military identification number (if applicable) California DriverLicense number or California Identification Card number U.S. citizenship status, dace ofbirth country of citizenshit~ and alien registration number or I-94 if a~~licable.

Page 9 of 15

Page 11: .,r r~, - Wing Tactical · ~o) "Featureless" means a semiautomatic firearm (rifle, pistol, or shots lackingthe characteristics listed in California Penal Code section 30515. ~) "Fixed

b) A describtion of the firearm that identifies it uniquely, including but not limited to:firearm type, make, model caliber firearm color barrel length serial number allidentification marks, firearm country of or ~inhnanufacturer the date t ie firearm wasacquired, the name and address of the individual from whom or business from which thefirearm was acquired.

(c) Clear digital photos of firearms listed on the application One~hoto shall depict the bullet-l~utton style magazine release installed on the firearm One photo shall depict the firearmfrom the end of the barrel to the end of the stock if it is a long~gun or the point fiirthestfrom the end of the barrel if it is a pistol. The other two photos shall show the left side ofthe receiverlframe and right side of the receiver/frame These locations are typically..firearms are marked when manufacturin ig s complete At the discretion of the Departmentthe last two photos shall be substituted for photos of identification markings at some other:locations on the firearm.

and 30950 Penal Code

~ 5474.1. Registration of Assault VVea~ons Pursuant to Penal Code Section 30900(bl(1,~~ JointRegistration of Assault Weapons

{a) If a firearm will be 'ointl~re.~istered one family member must be identified as the ,primaryregistrant and the name and relationship of each joint registrant must be provided

~b~ All ioint registrants must be 18 ~ ors of a e~bv December 31 2017 Joint registrations areonly authorized for the following family relationship

1 Spouse

~2) Parent to Child

{3} Child to Parent

~4) Grandparent to Grandchild

~5) Grandchild to Grandparent

~6) Domestic Partner

(7 Siblings

{c} Proof of address for each joint registrant shall be brovided at the time of electronic

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submission. Acceptable forms of proof of address are as follows:

(l) Carry Concealed Weapon (CCW Permit

X21 Curio an~i Relic (C & R1 Federal firearm license with name :and address

~3 Utility Bill: Cable, electricity garbage, gas, ~ elp ine" propane, alarm/securit~orwater bill with :purchaser's name on it and dated within .three months of a~licationfor re ist~ ration.

4) Military permanent duty station orders indicating assignment within California:active duty military spouse ID is not acce~table~

(5) Property Deed: Valid deed or trust for the individual's property or a certificate of title

~6~ Resident Hunting License

(7) Signed .and dated rental agreement/contract or residential lease

~8) Trailer certification of title

(9) DMV Vehicle Registration

X10) Certificate of Eligibility, as defined in section 4031, subdivision (g; o) f Chapter 3.

~nr,,,o• n,,-~,,.,.;,-t,,.;~o,~. co,.+;,,,., ~n~nn va.,.,a r,,,ao vow ,.o~,.o. co,.+;,,H~ ~nci c ~ntiQn ~nonn

3U~SU and 30y55 Yenal Code

5474.2. Registration of Assault Weapons Pursuant to Penal Code Section 3p9p0{b~(11; FirearmManufactured B~Unlicensed Subject (FMBUS~

A person seeking assault weapon registration for this tyke of firearm shall seek a Departmentissued serial number at: dojserialnumber(c~doj.ca.gov prior to initiating the assault weaponregistration process.

(a) Firearms lackin~~overnment-issued serial numbers that have been engraved or otherwiseapplied to the firearm pursuant to federal law at the time of application, shall not beregistered b~De~artment until such time as a Department provided serial number hasbeen applied as follows:

(11 .The Department shall issue a unique serial number to the applicant. The serialnumber issuance is a separate process and must be done before the assault weapon

Page 11 of 15

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,application will be accepted by the Department Applicants seeking a FMBUSrelated serial number shall complete a New Serial Number application Form BOF1008, (Rev 12/201 hereby incorporated by reference and submit it to theDepartment prior to the initiation of the registration of this type of firearm.

~2) Once the a~~licant has received a DOJ issued serial number the a~licant maycontact a Federal Firearms Licensed Manufacturer (ty~) to have the serialnumber applied in a manner consistent with this section and federal law However aFederal Firearms Licensee is under no obligation to perform this work. Persons whohave manufactured their own firearm may also use non-licensed parties to ap~ly theserial number and other required markings; however, the owner of the weapon must.not leave the firearm unattended with an unlicensed part immolation of firearmstransfer and/or lending laws. Proof of the serial number being applied to the firearmshall be given to the Department in the form of one or more di i~ta1 ~hato~ra~hs of thenewly serialized firearm being submitted in accordance with the ~ahoto requirementnoted in section 5474 fc).

(3) An unlicensed manufacturer of firearms must legibly and unic~uely identi , eachfirearm manufactured as follows:

(A~ By en r~ avin ,casting; stam~in~(impressing) or otherwise conspicuously

removed, and must not duplicate any serial number placed by the unlicensedmanufacturer on anv other firearm. The en rg avin~, casting, or stamping~im~ressin~,) of the serial number must be to a minimum depth of .003 inchand in a print size no smaller than 111 b inch; and

~B~y en r~ avin~; casting stam~in~~impressin~ or otherwise conspicuouslyplacing or causing; to be engraved, cast, stamp impressed) or placed on theframe receiver or barrel thereof certain additional information. Thisinformation must be placed in a manner not susceptible of bein r~ eadilyobliterated altered or removed The additional information must include•

(i) The model of the firearm, if such designation has been made;

ii) The caliber or gauge of the firearm;

iiil The manufacturer's first and last name as provided to the Department forregistration bur~oses, when applicable;

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Div The city and state (or reca~nized abbreviation thereofl where themanufacturer made the firearm and

~v) Measurement of height and depth of markings. The depth of allmarkings rewired by this section will be measured from the flatsurface of the metal and not the peaks or ridges. The height of serialnumbers required by para~raph~a)~3)(A} of this section will be measuredas the distance between the latitudinal ends of the character impressionbottoms (bases

~4) The department- shall dery assault weapon registration applications if it determinesthe above described marking requirements have not been met.

Note: Authority cited: Section 30900, Penal Code. Reference: Sections 23900, 23910, 23915,23920 3Q105 30515 30680 and 30900 Penal Code.

5475. Registration of Assault Weapons Pursuant to Penal Code Section 30900(bZ 1); Fees.

(a) The fee to register an assault weapon is $15.00 per erp son, der transaction. There is nolimit to the number of assault weapons. a person can register in a single transaction.

(bl The fee must be paid by debit or credit card at the time the registration is submitted to theDepartment for processing. If the fee is not paid, the registration will not be ~racessed.

(c) A $5 fee is required to obtain a copy of the on i~ nal registration disposition letter.

Note: Authority cited: Section 30520. 30900 and 31660. Penal Code. Reference: Sections 30904,30905 and 31660 Penal Code,

5476. Registration of Assault Weaaons Pursuant to Penal Code Section 30900(b)(1);Processing of A~,plications

~a~A~plications for assault weapon registration must be received between January 1, 2417,and December 31 2017 and will be processed in the order in .which then are received.

(b~ Once the re i~ stration has been submitted electronically and fees have been laid, the

Department will inform the applicant, via email, that the application: has been receivedand accebted for nrocessin~; is being returned as incomplete and specify what informationis required; or has been rejected.

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{c~ If the Department deems an application incomplete and notifies the applicant via email ofthe incomplete determination, the applicant shall provide the requested information ordocumentation within 30 days. If the Department does nat receive the-additionalinformation or documentation within 30 days, the a~lication will be rejected and theapplication fee will not be refunded. The applicant may complete a new a~~lication beforeDecember 31, 201 ?, subject to a new application fee.

~dl Once the Department determines that all necessary information has been received and the`firearm qualifies for registration, the firearms eligibilitycheck shall commence. TheDepartment will inform the applicant of the results of the check.

fie) If the firearms eli ig;'bility check is successful, the registrant shall receive an assault weaponregistration disposition letter via U.S. mail.

Note: Authority cited: Section 30900, Penal Code. Reference: Sections 30515, 30680, 30900,and 3Q950 Penal Code

5477. Registration of Assault Weapons Pursuant to Penal Code Section 30900(bl(11; Post-Registration Modification of Re isg tered Assault Weapons, Prohibition.

(a1 The release mechanism for an aulrnunition feedingdevice on an assault weapon re is~teredpursuant to Penal Code section 30900, subdivision fbZ(1) shall not be changed after theassault weapon is re istg ered•

(b The prohibition in subdivision (a~does not extend to the repair or like-kind replacement ofthe mechanism.

~c This prohibition in subdivision. (al does not extend to a firearm that is undergoing thederegistration process pursuant to section 5478. Written confirmation from theDepartment that acknowledges the owner's intent to dere~ister his or her assault weaponpursuant to section 5478 shall be goof the deregistration process has been initiated.

Note: Authority cited: Section 30900 Penal Code. Reference: Sections 30515, 30680, 30900,and 30950 Penal Code

5478. Registration of Assault Weapons Pursuant to Penal Code Section 30900fb1(11; VoluntarDere~istration.

(al The DOJ will accept voluntary ̂ n~~~"~~~~„~ deregistration requests for assault weapons:that are no longer possessed b the registrant. Deregistration requests will also beaccepted for assault weapons defined and re istered pursuant to Penal Code section30515, that have been modified or reconfigured to no Longer meet the assault

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weapon definition. ~'~„~~"~*~~r Deregistration requests must be in writing, signed, dated,and provide the following information:

unknown, the request must be notarized.

~2) Tf the firearm has been modified or reconfi u~ red to no longer meet the definition ofassault weapon, one or more photographs claarly depicting the firearm in its currentconfiguration shall be attached to the written dere~istration request. Additional.information, photographs, or inspection ma~ec~uested by the Department beforedetermining eli i~ b lity for dere~istrat on.

~3) If the registrant is no lon eg~r in possession of the firearm, proof of sale or transfer ofthe firearm shall be attached to the written dere~istration request. Acceptable proof

the seizure andlor destruction of the firearm(s).

f b~~on determining eligibility :tor deregistratiQn, the Department will delete the assaultweapon registration for the specified firearm(5), and, if the weapon is still in the possessionof the registrant, will convert the information to a Fireai~n Owilerslup Record.

(c) If the registrant has sold the weapon to a party outside of the State of California or:otherwise lawFully disposed of the weapon, or if the weapon was seized bv~lawenforcement, the Department will create a "No Longer In Possession" .entry in theAutomated Firearms S. s

(d) U an completion of the assault weapon dere~istration, the Department will mailconfirmation of deregistration and updated firearm ownership information to the re ism tramat the address provided on the request.

Note: Authority cited: Section 30900. Penal. Code. Reference: Sections 2$000, 30515, 30680,30900 and 30950 Penal Code

Fage Z5 of 15

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BOF~ODB (R~12t2t1 6)

~~ ~. C~L~F~F~tA DEPAR.T~l1Ei~T ~F .~t~ST~~E~~-,^~~` , ., BUREAU t3F ~iR~AR1~tt~

'' er ~~ria~ t~umb~~- Appic~ir~r~

T__.__ —_--- --- --- -- _ ̀ ___ __ _ - -------- --~pPiicant In#orn'~atian

i3EPAI2TN9ENT' OF .tUSTICEPAGE 7 of 3

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Las# Name: ~ First Name: Middle dame: ~i- --

Physir~i Residence Address. pity: Late: dip ~od~:

Mailing Address. {if different): City. Sta#e: Zip Code:

Date taf Birth {mmltic#~yYYY): Place ~~ Birth (state or country): Sex: P#~ta~e h~~a. {inct~cte area rode):

U.S. ~^ yes If no, eater A1ier~ Registra~ian T+IQ. or ~-94 ~o.: Country ~f Citiz s~tip_~~~~~~~~~~"'° 3~Io

Enter your Ga~t~ornia driverlicense ~~~~~~~~ ID Type {check nne): 1D Number; Nandgur~ ~a#ety~aiifarnia !D ~GID,i, orA~litifary l£} MIL) number. Certificate (HSC) ~rin the ID numberbnx fc~ the rigf~t tfusing

military identification yot~ must send a copy of {GDL ~ ~IL3 ~ ~lIIL ~ Fii~arm Safety ~ettifi~a#eyour permanent duty stafion orders stating you {FS~~ i~io.:are stationed in t=ali~Carnia.

FiI'4'r~~Yt I~lfO(fT18~IC9tl - U~ to three Finarms cart tie lister+ on this application. For additional firearms, an additiaaal appiicatinn may be attached.

Date of Manufacture: Make: (Pursuan# i~ ~~74.~, the Ntake ~ Model. Ty~se: Ga{iber. Go~or: Barrel Length;.Shad Be ~'o~r first an t Last Name}

From i~lhorr~ Acquired cif appti~abl~): ~ersonatfBusiness Address: City: ~tat~; Zip Code:.

City, Sta#e, and country of Where the ~#dditional ~dentift~a#ion Marlc(s): Mater~~l(s):firearm was Manufactured.

---r-------,-- ----r------ r--_ --.—Date of Manufiacture~ !Make: (Pursuan# to 5~7a2. the Make ' ModeL ~ Type: ~ Calber: !color. ~ Barrel Leng#h:~{ 5ha11 Be Your first an~i Last Name) ~ I {

~~ ~ ~ i i- -r--- -- ~ -~-r-~Fram Whom Acquired (i# applTcable~: Pers~nallBusiness Address: ~ pity_ ~ Stat~~Zip Code:~ ~ ~ I

~~ ~ i~~~--- ----{-----------_.—__~-- - j----- --jCity; State, and country of Where the ;Additional Identification Mark(sj: ~ Matenai(sj:Firearm was Manufactured: j

i------ - _ - --- —J --- - — — _. _~ —_—__-- __--

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. SFAS OF CALIFORNIA~tiOF 7 WA fRev_ ~2f201$}

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Date Received: Initials: date Fro~es~ed: Initials:

Aufh. Lfr. Attached lnifiais; aeraal I~Q:

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ale Trial Number ~p~Ii+~~fi~o~

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Date of tvfanufactt~re. Ntaks: {Pursuant ~0 547~4.~, ate ~Iak~ i+/lodel~ Type: ~afi~er: ~~lor: Barrel :Length..Steal! Be ~'crur first ar~d Las# ~lam~j

Frain Whom ~~gc~i~ect ~~f ~apfica~l~~_ Pers~naUBusiness Adc[ress= ~Ey: State: Zip Code;

City, State, and Coun~r cif L~here the Addifi4nal Identification Markts): Nlat~ri~~~sj.Frearm ryas Nlanu€actur~i_

Additional ~~~~~~~~~~n ~ ~~- ~-- ;

(Jnce your Serial Numher.appti~aft~tt f~as teen ~r~cAssed„ the Departmentv~rill provide your new ~epartmenl Serial Numberuia US mail

Upon receipt of your se~ia~ n~mEaer, tau may t~ntact a federal Firearms Licensed Mar~~afacturer (#ype l~'~) #o have yourDepar#ment issued serial ~tumEaer applies! in a ~~~~~~~~~insistent vrith the requirement outl~n~d in the Cafift~m~a Cede ofi.Regulations, title 1'~, ~~c~ic~n 7~_2. However, ~ ~~tlera) Firearms Licensee is under no obligation to perform this wor~C. Aperson who has mart ctt~r~ed ~~ir owra firearm array also use non licensed parties to apply the serial number and atf~errequired markings, however, thte ~v~ter Via# #ate weapt~n mast not heave the firearr~-~ una#tended wi#h an unlicensed pattybecause of firearm ins#er ar~cflc~r let~~int~ haws. Fran ~ssa[alt weapon registrations pursuant zo Penal Code section 3D900(b~,proof of the serial nt~t~tt~er being applied'kt~ the ftrearrr steal{ be given to the Depa~trner~t in tt~~ form ~f one ~~- mare digitalphotcagraphs of the newly se~aiiz~d fireat~rt. P~~tos steal[ be submitted in accordance with the req~irer~ents cru#l~r~~d in theCaltf~mia Cade oaf ~egut~tions, title "[ ~, section ~47~1.2. Please mail this app(icatiar~ t+~~

~a~ifc~rnia Department of JusticeBureau of Firearms

Firearms Records, Licensing, and Perr3t~it Sec#i+~nP.O. Box 1fi0367

Sacramento, CA 9 $16-0367Eleciarat~c~n ~ — ~ --- -- —.declare under penalty of ~etjury ~rnderthe laws of ~e State of ~Califomia that the fQr~gair~~ is #rr~e and cQrr~ct.

rgr~af~are arte

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CA~IFC3R[~1A DEPA6~TiV{El~l~' ~QF ~t,~~'1C~3JREAU OF FtREA4fiS '~h<«-~

~~r ~eri~~ Number PPl~~at~~~t ~;,

As E~ec~~ir~d tay ~iv~! Gc~c~ ~ ~ ~9s.'~ ~

~allection and ~s~e c~fi ~~rs~n~1 tnfor~atian: ~'t~e Division ~+f ~~v~ E f~rc~ e t, ~3urea~ cif Firearms irethe Department of Justice co1[ects the infarmatian ort t~tis appt~ca~i~n p~r~~ant t~ ~'~na1 Cade s~~~ cans239 0 and 3fl9C~t~{b}~1 ~ ar~d G~lifomia Code ofi Regulations, ti#le ~1 ~, s~cti~n ~~~4~~. ~"he Bureau ofFirearms uses this nfc~rmati~n to .process and assign serial nur~ber~s~ t~ rearrr~{s~ ~~ar an ap~lica~at_ #rraddition, any ~rs~na( infc~rrnati~n cot{~cte~3 by ~tat~ ~gecies ~ sub~~~t ~~ the ~imifiat~os in the.Information Practices ~c~ ar~d ~tat~ policy. ~'he Depat nen~ of Justice's ~~r~eral pri~ac~ ~ac~~icy isavailable ~t ~ttp:~`lo~~.ca.gc~vlprivacy-policy.

Providing Pers~~~1 in€o~afic~n: A[I et~onal ~raf~rr~tatic~n ors his ~p ~i~ati~~ is ~~adat~ry. Failure t~provide tl~e r~ar~~atory pees4na~ inf~rrna~c~r~ witl ~-esu~t in y~wur ~ppl~~ati~ ~~t bey ~ pr~ac~s~~d.

cuss #o Y~u~- I~f~r~aatic~n: Yoe may review the r~cc~rds ~~ir~ta~r~~~i by tie ~ivisic~ ~f ~a~Enfiorcem~n~, ~ reap of ~~rearms in the D~partr~ent ~f ,Justice. ~t ~~~~~~~~~~~~+ur ~ersor~a~ i~f~rmation, spermitted by tie In~or~na~ic~n Prac#ices Act_ fee belo~nr fc~r nt~ct ink nab on.

Passible Discl~asu~e cif '~r~~nat Ir~f~rmati~n ~n~~ar~er t~ pr~~+e~s aid assign se~a3 ra~rr~ er{sj tofirearm s) for:~~ ~pplic~r~t, we rr~ay reed tc~ sfi~are the ir~form~~on y~~ pr+~vide ~s i~ any B~ar~~tt crfiFirearms repres~nta ire ter any other per~c~n designated by the. ~,i~t~rn~e~ general ~o~ r~que~t. Thyinformation yon pr~~id~: r ay also ~e ~iiscic~s~~~ try #h~ follcawi~g cir~u~~t~nces:

■ W rth ~th~r per~~r~~ or ~g~r~~~s whey rtec~~sary tt~ ~~r~~~n their ~ ~~ duties, any! their use ~f~~c~ur ~~~~~~~~~~~~~~~~~~is ~ompatibl~ any! cc~mpl ~s with Mate law, s oh ~s for i~ves~ ga~4ns,1ic~r~~ir~g, ~ert[ic~tit~~, ~r regulatory ~urpc~ses;

g Tc~ ~n~th~r c~o~e~nment agency as required by s~a~~ ~r ~~e~i~ra! ~av~.

~r~n ct Ir~for~a~i~n: ~~ar qu~stic~ns about this r~c~ti~e ~r access ~fl your ~~~~rds, you may contact ~#~eStaff 5erviees Ar~atyst in the ~ustc~m~er Supper# tenter at {916) ~2~-~~2~ ,vii ~rn~ l atrearms_bureau do'.~a. ov, gar try mail ~t P,~. Bc~x '~~~}3fi7 ~acr~mer~#c~, ~ ~58~3~-~1~~~.