Letter Opinion 1977

Cover Letter Opinion 1977
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75-108 stated on the licensing and registration of firearms.
Local legislation is invalid if it attempts to im- pose additional requirements in a field that is preempted by general law. One of the tests to determine whether a field has been preempted by general law is whether the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of State concern. (See Galvan v.
Superior Court (1969) 70 Cal.2d 851, 859.) Sections
... 12301 - 12312 of the Penal Code contain regulations regarding destructive devices. Section 12301 includes as a destructive device any fixed ammuni- tion greater than .60 caliber other than shotgun ammuni- tion. Section 12305 requires any dealer, manufacturer, Letter Opinion No. 77-20 Mr. Gilbert H. Boreman July 19, 1977 importer, exporter or business user of destructive devices to obtain a permit from the State Department of Justice.
Section 12306 requires anyone possessing or transporting any destructive device for non-business purposes to obtain a permit from the Department of Justice, Section 12304 prohibits the sale, possession or transport of fixed am- munition of a caliber greater than .60 caliber unless licensed.


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