SECTIONS 12755-12759

12755.  No person shall use or possess a flamethrowing devicewithout a valid flamethrowing device permit issued by the State FireMarshal pursuant to this part.12756.  The State Fire Marshal shall adopt regulations to administerthis part and establish standards for the background investigationof an applicant for, and holder of, a flamethrowing device permit,and for the use, storage, and transportation of a flamethrowingdevice. In adopting these regulations, the State Fire Marshal shallconsult with the Department of Justice regarding regulations for theuse and possession of destructive devices (Chapter 12.5 (commencingwith Section 970) of Division 1 of Title 11 of the California Code ofRegulations). These regulations for the use and possession ofdestructive devices may provide suggestions for potential methods toutilize in developing standards and shall serve as guidance only. Ata minimum, the regulations adopted by the State Fire Marshal shallrequire a permitholder to possess a current, valid certificate ofeligibility issued by the Department of Justice pursuant to paragraph(4) of subdivision (a) of Section 12071 of the Penal Code.12756.  The State Fire Marshal shall adopt regulations to administerthis part and establish standards for the background investigationof an applicant for, and holder of, a flamethrowing device permit,and for the use, storage, and transportation of a flamethrowingdevice. In adopting these regulations, the State Fire Marshal shallconsult with the Department of Justice regarding regulations for theuse and possession of destructive devices (Chapter 12.5 (commencingwith Section 970) of Division 1 of Title 11 of the California Code ofRegulations). These regulations for the use and possession ofdestructive devices may provide suggestions for potential methods toutilize in developing standards and shall serve as guidance only. Ata minimum, the regulations adopted by the State Fire Marshal shallrequire a permitholder to possess a current, valid certificate ofeligibility issued by the Department of Justice pursuant tosubdivisions (a) to (c), inclusive, of Section 26710 of the PenalCode.12757.  The State Fire Marshal may issue or renew a permit to useand possess a flamethrowing device only if all of the followingconditions are met: (a) The applicant or permitholder is not addicted to anycontrolled substance. (b) The applicant or permitholder possesses a current, validcertificate of eligibility issued by the Department of Justicepursuant to paragraph (4) of subdivision (a) of Section 12071 of thePenal Code. (c) The applicant or permitholder meets the other standardsspecified in regulations adopted pursuant to Section 12756.12757.  The State Fire Marshal may issue or renew a permit to useand possess a flamethrowing device only if all of the followingconditions are met: (a) The applicant or permitholder is not addicted to anycontrolled substance. (b) The applicant or permitholder possesses a current, validcertificate of eligibility issued by the Department of Justicepursuant to subdivisions (a) to (c), inclusive, of Section 26710 ofthe Penal Code. (c) The applicant or permitholder meets the other standardsspecified in regulations adopted pursuant to Section 12756.12758.  (a) If the State Fire Marshal denies an application for, orthe renewal of, or revokes a flamethrowing device permit, theapplicant for a flamethrowing device permit or permitholder shall beentitled to a hearing conducted in accordance with Chapter 5(commencing with Section 11500) of Part 1 of Division 3 of Title 2 ofthe Government Code. (b) The State Fire Marshal shall revoke a flamethrowing devicepermit if the permitholder does not comply with the requirements ofthis part and the regulations adopted pursuant to this part.12759.  The State Fire Marshal shall establish fees pursuant to thispart that shall be deposited in the State Fire Marshal Licensing andCertification Fund.