Cal. Code Regs., tit. 11

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Division 5 Firearm Regulations

Chapter 1 Bureau of Firearm Fees

§4001. DROS Fees

As authorized pursuant to section 28233 and subdivisions (a) and (b) of section 28240 of the Penal Code, the Dealer's Record of Sale (DROS) fee is $31.19, for one or more firearms (handguns, rifles, shotguns) transferred at the same time to the same transferee.

§4002. Miscellaneous Report Fees

As authorized pursuant to section 28230 and subdivision (b) of section 28240 of the Penal Code, the Bureau of Firearms processing fee is $19 for each of the following reports:

(a) Firearm Ownership Report, form BOF 4542A (Rev. 01/2020), which is hereby incorporated by reference.

(b) Report of Operation of Law or Intra-Familial Firearm Transaction, form BOF 4544A (Rev. 01/2020), which is hereby incorporated by reference.

(c) New Resident Report of Firearm Ownership, form BOF 4010A (Rev. 01/2020), which is hereby incorporated by reference.

(d) Curio or Relic Firearm Report, form BOF 4100A (Rev. 01/2020), which is hereby incorporated by reference.

(e) Collector In-State Acquisition of Curio or Relic Long Gun Report, form BOF 961 (Rev. 01/2020), which is hereby incorporated by reference.

§4003. POST Certification Fees

As authorized pursuant to Penal Code section 13511.5, the Bureau of Firearms fee for Peace Officer Standards Training (POST) firearms clearance certification is $19.

§4004. Peace Officer Candidate Firearms Clearance Fees.

As authorized pursuant to Penal Code section 832.15, subdivision (c), the Bureau of Firearms fee for peace officer candidate firearms clearance is $19.

§ 4005. Security Guard Firearms Clearance Fees.

As authorized pursuant to Business and Professions Code section 7583.26, subdivision (a), the Bureau of Firearms fees for security guard firearm clearances are as follows:

(a) Initial fee for two-year security guard firearms clearance: $38

(b) Renewal fee for two-year security guard firearms clearance: $38

Note: Authority cited: Section 7583.26, Business and Professions Code. Reference: Section 7583.26, Business and Professions Code.

§ 4006. CCW Fees.

As authorized pursuant to Penal Code section 26190, subdivision (a), the Bureau of Firearms fees for licenses to carry concealed weapons (CCW) are as follows:

(a)(1) Initial fee for 90-day employment CCW license: $22

(2) Renewal fee for 90-day employment CCW license: $22

(b)(1) Initial fee for 2-year resident CCW license: $44

(2) Renewal fee for for 2-year resident CCW license: $44

(c)(1) Initial fee for 3-year judicial CCW license: $66

(2) Renewal fee for 3-year judicial CCW license: $66

(d)(1) Initial fee for 4-year reserve peace officer CCW license: $88

(2) Renewal fee for 4-year reserve peace officer CCW license: $88

Note: Authority cited: Section 26190, Penal Code. Reference: Section 26190, Penal Code.

Chapter 2 Centralized List of Firearm Dealers. Article 1. Title, Scope, and Definitions

§ 4016. Title and Scope.

This chapter shall be known as the “Department of Justice Regulations for the Centralized List of Firearms Dealers.” The provisions of these regulations shall apply to the Centralized List of Firearms Dealers and the firearms dealer inspections conducted by the Department of Justice (DOJ). Note: Authority cited: Sections 26715 and 26720, Penal Code. Reference: Sections 16585, 26700, 26715, 26720, 28100, 28150, 28155, 28160, 28165, 28170, 28175, 28180, 28205, 28210, 28215, 28220 and 31700, Penal Code; and Sections 478.124, 478.124a and 478.125, Code of Federal Regulations.

§ 4017. Definition of Key Terms.

(a) “Centralized List” means the list, maintained by the DOJ, of all persons licensed to sell firearms pursuant to Penal Code section 26715.

(b) “Contact person” means a person authorized to act on behalf of a firearms dealer.

(c) “DOJ representative” means an employee of the DOJ authorized to conduct firearms dealer compliance inspections.

(d) “Firearms dealer” or “dealer” means an individual listed on the Centralized List of Firearms Dealers pursuant to Penal Code section 26700.

(e) “Firearms transaction records” mean records related to a dealer's firearms business, including: DOJ Dealer Records of Sale (DROS); DOJ Basic Firearms Safety Certificate records; Bureau of Alcohol, Tobacco and Firearms (ATF) Acquisition and Disposition records; and any ATF Forms 4473.

(f) “Reasonable access” means that items to be inspected by a DOJ representative are free from physical obstruction or other impediments that would make access difficult or unsafe.

(g) “Removal from the Centralized List” means the removal of a dealer from the Centralized List who knowingly or with gross negligence violates the provisions of Penal Code section 16575 including any applicable DOJ regulations. The term does not include expiration from the Centralized List for dealer failure to maintain and submit to the DOJ, current federal, state and local licenses or permits required pursuant to Penal Code section 26700, nor for dealer failure to renew the annual placement on the Centralized List.

Note: Authority cited: Sections 26715 and 26720, Penal Code. Reference: Sections 16585, 26700, 26715, 26720, 28100, 28150, 28155, 28160, 28165, 28170, 28175, 28180, 28205, 28210, 28215, 28220 and 31700, Penal Code; and Sections 478.124, 478.124a and 478.125, Code of Federal Regulations.

Chapter 2 Centralized List of Firearm Dealers.

Article 1. Centralized List Applications, Fees, and Placement Terms

§ 4018. Applicant Information.

Applications for annual placement on the Centralized List shall be filed on DOJ form BOF 4080 (Rev. 12/2019) which will require the following information signed, dated, and certified under penalty of perjury: applicant's name; dealership name; dealership physical address; dealership mailing address; dealership telephone number; dealership telephone facsimile number (if any); days and hours of operation; local licensing authority; local law enforcement agency; local inspection authority (if any); DOJ Certificate of Eligibility (COE) number and expiration date; Federal Firearms License (FFL) number and expiration date; local firearms license number and expiration date; and, the State Board of Equalization Seller's Permit number. The application shall include copies of the current FFL, COE, local firearms license, and State Board of Equalization Seller's Permit.

Note: Authority cited: Section 26715, Penal Code. Reference: Section 26715, Penal Code.

§ 4019. Fees.

Centralized List placement applications shall be accompanied by the appropriate fees as follows:

(a) A Centralized List initial fee and subsequent annual fee of $20 for each applicant at a single location shall be submitted. The annual fee shall be due on January 31st of each year regardless of the date of initial placement on the Centralized List.

(b) A dealer inspection initial fee and subsequent annual fee of $95 per dealership location shall be submitted. The annual fee shall be due on January 31st of each year regardless of the date of initial placement on the Centralized List. Dealers whose place of business is located in a jurisdiction with a local firearms dealer compliance inspection program are not subject to this $95 inspection fee. Upon request, an annual list of such jurisdictions is available from the DOJ.

Note: Authority cited: Sections 26720 and 26725, Penal Code. Reference: Sections 26720 and 26725, Penal Code.

§4020. Processing Times. [Repealed]

Note: Authority cited: Sections 15376 and 15378, Government Code. Reference: Sections 15376 and 15378, Government Code.

§4021. Term of Centralized List Placement.

(a) The term of a Centralized List placement shall be from January 1 through December 31. The effective date shall begin upon actual placement on the Centralized List.

(b) The term of a Centralized List placement shall expire for any of the following reasons:

(1) failure to submit an application for continued placement pursuant to sections 4018, and 4019 of these regulations; or

(2) failure to maintain and submit copies of renewals of current federal, state, and local licenses or permits within 30 days after their respective expirations.

Note: Authority cited: Sections 26715 and 26720, Penal Code. Reference: Sections 26715 and 26720, Penal Code.

Article 3. Compliance Inspections

§4022. Firearms Dealer Inspections.

(a) The DOJ may conduct on-site inspections at a dealer's business premises to determine compliance with firearms laws pursuant to Penal Code section 16575, including the following:

(1) firearms transfer requirements pursuant to Penal Code sections 16585, 26805, 26815, 26825, 26830, 26840 through 26870, 27500 through 27520, 27530 through 27545, 27555, and 28050 through 28065; and

(2) firearms dealer records and record retention requirements pursuant to Penal Code sections 16585, 26850, 26900 through 26910, 27525, 27550, 27555, 28060, 28100, 28160 through 28180, 28205 through 28220, and 31700; and

(3) firearms dealership facility requirements pursuant to Penal Code sections 26810, 26820, 26835, 26875, 26885, and 26890.

(b) The dealer or contact person shall ensure that the DOJ representative has reasonable access to all firearms transaction records, the firearms inventory, security features, and all areas within the business premises to which the DOJ representative may need access to conduct the inspection. Upon request by the DOJ representative, the dealer or contact person shall:

(1) make available for inspection all dealer licenses and permits required pursuant to Penal Code section 26700; and

(2) locate firearms that are in the waiting period according to the dealers records or records of the DOJ; and

(3) clarify or explain illegible, unclear, or conflicting entries contained in the firearms transaction records; and

(4) identify the type and location of security measures and devices used at the business premises.

Note: Authority cited: Section 26720, Penal Code. Reference: Sections 16585, 26805, 26810, 26815, 26820, 26825, 26830, 26835, 26840, 26845, 26850, 26855, 26860, 26865, 26870, 26875, 26885, 26890, 26900, 26905, 26910, 27500, 27505, 27510, 27515, 27520, 27525, 27530, 27535, 27540, 27545, 27550, 27555, 28050, 28055, 28060, 28065, 28100, 28160, 28165, 28170, 28175, 28180, 28205, 28210, 28215, 28220 and 31700, Penal Code; and Title 47, Parts 478.124, 478.124a and 478.125, Code of Federal Regulations.

§4023. Notification of Inspection Results and Corrective Action.

(a) The DOJ will notify the dealer, in writing, of the results of the inspection as soon as possible upon completion of the inspection.

(b) If the dealer fails to comply with any of the firearm laws in Penal Code section 16575, including any applicable DOJ regulations, the notification will cite the violations and may specify corrective action requirements. The notification will include an acknowledgment prepared by the DOJ, that the dealer is aware of the violation(s) and has performed all specific and general corrective actions necessary to correct past violations and to ensure future violations do not occur.

(1) The dealer shall comply with the corrective action requirements if any, including the return of the acknowledgment, signed by the dealer or contact person, and postmarked no later than 30 days after the date of the notification, unless the DOJ determines the violation requires more immediate attention. If immediate attention is required, the dealer must comply within the time frame specified in the DOJ's notification.
(2) The DOJ may conduct a follow-up inspection to confirm the dealer has complied with the corrective action. If a follow-up inspection is conducted and the dealer is found to have complied with the corrective action the DOJ will notify the dealer of such no later than 30 days after the follow-up inspection.

Note: Authority cited: Sections 26715 and 26720, Penal Code. Reference: Sections 26715 and 26720, Penal Code.

Article 4. Removal From Centralized List

§4024. Removal from Centralized List

(a) If a dealer does not comply with corrective action requirements, or upon determination by the DOJ that a dealer has otherwise knowingly or with gross negligence violated firearms laws pursuant to Penal Code section 16575, including any applicable DOJ regulations, the DOJ may remove the dealer from the Centralized List.

(b) All hearings related to the removal of a dealer from the Centralized List shall be conducted in accordance with Government Code section 11500 et sea.

Note: Authority cited: Sections 26715 and 26720, Penal Code. Reference: Sections 26715 and 26720, Penal Code; Sections 11500, 11501, 11502, 11503, 11504, 11504.5, 11506, 11507, 11507.3, 11507.5, 11507.6, 11507.7, 11508, 11509, 11511, 11511.5, 11511.7, 11512, 11513, 11514, 11515, 11516, 11517, 11518, 11518.5, 11519, 11519.1, 11520, 11521, 11522, 11523, 11524, 11526, 11527, 11528 and 11529, Government Code.

Chapter 3 Certificates of Eligibility.

Article 1. General

§4030. Scope

The provisions of these regulations apply to any person required by statute or regulation to obtain a Certificate of Eligibility from the Department of Justice pursuant to Penal Code section 26710.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16140, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30347, 30370 and 31700, Penal Code.

Article 2. Definitions.

§4031. Definition of Key Terms.

(a) “Applicant” means a person applying to obtain a Certificate of Eligibility.

(b) “California Ammunition Vendor” or “CAV” means an individual with a valid ammunition vendor license issued pursuant to Penal Code section 30342.

(c) “California Firearms Dealer” or “CFD” means a person having a valid license to sell firearms issued pursuant to Penal Code section 26700.

(d) “Certificate of Eligibility” means a certificate which states that the Department has checked its records and the records available to the Department in the National Instant Criminal Background Check System and determined that the applicant is not prohibited from acquiring or possessing firearms pursuant to Penal Code sections 18205, 29800, 29805, 29815 through 29825, and 29900, or Welfare and Institutions Code sections 8100 and 8103, or Title 18, sections 921 and 922 of the United States Code, or Title 27, Part 478.32 of the Code of Federal Regulations at the time the check was performed and which ensures that a person who handles, sells, delivers, or has under his or her custody or control any ammunition, is eligible to do so pursuant to Penal Code section 30347.

(e) “Certificate Holder” means a person who obtains a valid Certificate of Eligibility.

(f) “CFARS” means California Firearms Application Reporting System.

(g) “COE” means Certificate of Eligibility.

(h) “Department” means the California Department of Justice.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; Sections, 16140, 16800, 18205, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 29800, 29805, 29815, 29820, 29825, 29900, 30312, 30314, 30342, 30347, 30370 and 31700, Penal Code; Sections 8100 and 8103, Welfare and Institutions Code; Title 18, Sections 921 and 922, United States Code; and Title 27, Parts 478.32 and 478.41, Code of Federal Regulations.

Article 3. Certificate of Eligibility.

§4032. Qualifications.

(a) Applicant must be at least 18 years old.

(b) Applicant must not be in a class of persons described in Penal Code sections 18205, 29800, 29805, 29815 through 29825, 29900, or Welfare and Institutions Code section 8100 or 8103, or Title 18, sections 921 and 922 of the United States Code, or Title 27, Part 478.32 of the Code of Federal Regulations.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; Sections 16410, 16800, 18205, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27545, 27670, 27966, 28450, 29050, 29120, 29800, 29805, 29815, 29820, 29825, 29900, 30312, 30314, 30347, 30370 and 31700, Penal Code; Sections 8100 and 8103, Welfare and Institutions Code; Title 18, Sections 921 and 922, United States Code; and Title 27, Part 478.32, Code of Federal Regulations.

§4032.5. Fingerprint Submissions

Applicants for a new Certificate of Eligibility (COE) shall submit fingerprints for a COE to the Department for a firearms eligibility background check.

(a) Except as provided in subdivision (b), fingerprints shall be captured and transmitted electronically by an authorized live scan operator.

(1) The applicant shall complete a Request For Live Scan Service form prescribed by the Department which will require the following applicant information: full name, any alias name, date of birth, sex, driver license number, height, weight, eye color, hair color, place of birth, social security number, and home address. The applicant shall take the completed form to a live scan operator who shall confirm the applicant's identification, input the applicant's personal descriptor information, capture the applicant's fingerprints electronically, and transmit the data to the Department.
(2) The applicant shall pay the live scan operator a $49 fingerprint processing fee, the $22 COE application fee as specified in section 4038 of these regulations, and the live scan operator's fee (fee is determined by live scan operator and is not regulated by the Department).
(3) The live scan operator will provide the applicant with an applicant transaction identifier (ATI) number. The applicant shall provide the COE ATI number when completing the electronic COE application as specified in subdivision (b) of section 4035 of these regulations.

(b) Out-of-state applicants may have their fingerprints taken manually at a local law enforcement agency in their state of residence in lieu of completing a California live scan.

(1) At least one completed fingerprint card, a $49 fingerprint processing fee, and the $22 COE application fee, as specified in section 4038 of these regulations, are required. Check or money order shall be mailed to the Department of Justice at the following address:
Department of Justice Bureau of Firearms Licensing and Certification of Eligibility Section - COE Unit P.O. Box 160487 Sacramento, CA 95816-0487

Note: Authority cited: Sections 11105 and 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27545, 27670, 27966, 28450, 29050, 29120, 29800, 29805, 29815, 29820, 29825 29900, 30312, 30314, 30347, 30370 and 31700, Penal Code; Sections 8100 and 8103, Welfare and Institutions Code; Title 18, Sections 921 and 922, United States Code; and Title 27, Part 478.32, Code of Federal Regulations.

§4033. California Firearms Application Reporting System; Account Requirements.

(a) COE applications shall be filed electronically using the Department's California Firearms Application Reporting System (CFARS), at the following website: https://cfars.doj.ca.gov/login.do.

(b) Applicants shall create an account to use CFARS. To create a CFARS account, COE applicants shall agree to the following conditions of use:

(1) Non-Liability: the Department is not responsible for, and will have no liability for, any hardware, software, information, or other items or any services provided by any persons other than the Department. Except as may be required by law, in no event shall either party be liable to the other or any third party, under any theory of liability, including, but not limited to, any contract or tort claim for any cause whatsoever, for any indirect, incidental, special, or consequential damages, including loss of revenue or profits, even if aware of the possibility thereof.
(2) Authorization: the applicant is authorized to use CFARS for the purpose of reporting firearm information to the Department and/or submitting and managing a Certificate of Eligibility in order to comply with California firearm laws and regulations. If the applicant becomes aware of an unauthorized user obtaining access to the applicant's CFARS account, the applicant will notify the Bureau of Firearms immediately at (916) 210-2300, or via email at: firearms.bureau@doj.ca.gov.
(3) Fees: notwithstanding such notification, the applicant agrees the Department shall not be liable for transaction charges fraudulently incurred. It will be the applicant's responsibility to pay any charges. The Department will not provide refunds after the submission of a transaction.
(4) True and Accurate Information: all of the information the applicant submits to the Department through CFARS shall be true, accurate, and complete to the best of the applicant's knowledge.

(c) The following information shall be provided by the applicant to create a CFARS account:

(1) Full Name
(2) Email Address
(3) Three Security Questions and Answers
(4) Password

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30347, 30370 and 31700, Penal Code.

HISTORY

1. Change without regulatory effect renumbering section 982.1 to section 4033 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).

2. Change without regulatory effect amending section heading, section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).

§4033. Criteria for Processing Section 28050 Transactions.

(a) All dealers shall process a section 28050 transaction upon the request of the transferor. All such requests shall:

(1) Be in writing and contain all of the terms of the transaction, and
(2) Be signed by the transferor and the transferee.

(b) Except as otherwise provided in Penal Code sections 28050 through 28070, a dealer shall process a section 28050 transaction in the same manner as if it were a dealer retail sale.

3. Repealer and new section heading and section filed 4-22-2019; operative 7-1-2019 (Register 2019, No. 17).

4. Change without regulatory effect amending subsection (b)(2) filed 12-17-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 51).

5. Editorial correction implementing 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).

§4034. Service of Notices, Orders, and Communications.

Except as otherwise provided by law or in these regulations, all notices, orders, and other communications from the Department may be sent to the applicant and/or certificate holder electronically via CFARS.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30347, 30370 and 31700, Penal Code.

§4035. Applicant Information.

(a) Once a CFARS account has been created, the initial application form for a COE is located on CFARS under the link “Certificate of Eligibility (COE).”

(b) Initial COE applicants shall electronically provide the following information to complete the application:

(1) Applicant's full name; driver license type and number or California identification number; date of birth; residence street address; phone number; gender; ATI number; business type(s); United States citizenship; if not a United States citizen, the country of citizenship and the federal Alien Registration Number or federal I-94 number. The application shall also require additional information requesting responses to questions asking the applicant if he or she: 1) is a current COE holder; and 2) has submitted COE fingerprint impressions through a live scan provider, as required by section 4032.5 of these regulations.
(A) If applicant is applying for a COE as an employee of a California Firearms Dealer (CFD), applicant shall provide the name of the dealer, the dealer address, the dealer store number if applicable, the dealer's CFD number, and the COE number provided by the employer.
(B) If applicant is applying for a COE as an employee of a California Ammunition Vendor (CAV), applicant shall provide the name of the ammunition vendor, the ammunition vendor address, the ammunition vendor store number if applicable, the vendor's CAV number, and the COE number provided by the employer.
(C) If applicant is applying for a COE as an employee of both a CFD and a CAV, the applicant shall list only the CFD information as specified in subdivision (b)(1)(A) of this section.
(2) Applicant shall agree to the following Department Privacy Notice:
(A) Collection and Use of Personal Information: the Division of Law Enforcement, Bureau of Firearms in the Department of Justice collects the information requested as authorized by Penal Code Section 26710. The Bureau of Firearms uses this information to establish grounds for the issuance of the license or permit indicated on this application. In addition, any personal information collected by state agencies is subject to the limitations in the Information Practices Act and state policy. The Department of Justice's general privacy policy is available at http://oag.ca.gov/privacy-policy.
(B) Providing Personal Information: all the personal information requested must be provided. If you fail to provide all personal information requested, your application will not be accepted.
(C) Access to Your Information: you may review the records maintained by the Division of Law Enforcement, Bureau of Firearms in the Department of Justice that contain your personal information, as permitted by the Information Practices Act. See below for contact information.
(D) Possible Disclosure of Personal Information: in order to establish grounds for the issuance of the certificate, we may need to share the information you provide us with any Bureau of Firearms representative or other person designated by the Attorney General upon request. The information provided may also be disclosed in the following circumstances:
(i) With other persons or agencies when necessary to perform their legal duties, and their use of your information is compatible and complies with state law, such as for investigations, licensing, certification, or regulatory purposes;
(ii) To another government agency as required by state or federal law.
(E) Contact Information: for questions about this notice or access to your records, you may contact the Staff Services Analyst at the Bureau of Firearms at (916) 210-2300, via email firearms.bureau@doj.ca.gov, or by mail at P.O. Box 160487 Sacramento, CA 95816-0487.
(3) Applicant shall agree to the following personal declaration:
(A) I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I expressly authorize the Department of Justice (DOJ) to perform firearms eligibility checks of all relevant state and federal databases. I further understand that if I knowingly furnish a fictitious name or address or knowingly furnish any incorrect information or omit any information required to be provided on this application, I may be subject to civil or criminal penalties to the full extent of the law.

(c) Applicant shall submit fingerprints for a COE to the Department for a firearms eligibility background check as specified in section 4032.5 of these regulations before submitting the electronic application.

(d) Applicant shall submit the appropriate COE fees as specified in subdivision (b)(1) of section 4038 of these regulations to the live scan operator before submitting the electronic application.

Note: Authority cited: Sections 11105 and 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27545, 27670, 27966, 28450, 29050, 29120, 29800, 29805, 29815, 29820, 29825, 29900, 30312, 30314, 30342, 30347, 30370 and 31700, Penal Code; Sections 8100 and 8103, Welfare and Institutions Code; Title 18, Sections 921 and 922, United States Code; and Title 27, Part 478.32, Code of Federal Regulations.

§4036. Modifications to Applicant Information.

(a) Any modifications to information required in subdivision (b) of section 4035 of these regulations shall be submitted to the Department via CFARS by clicking the link “View or Modify COE Details”.

(1) Any modifications to the certificate holder's name, date of birth, gender, driver license type or identification number, or citizenship require the certificate holder to electronically upload documents verifying the change as follows:
(A) A change of the certificate holder's primary name requires a copy of his or her California driver license, California identification card, out-of-state driver license, court documents, or marriage certificate.
(B) A change to the certificate holder's identification type or number requires a copy of his or her California driver license, California identification card, or out-of-state driver license.
(C) A change to the certificate holder's date of birth requires a copy of his or her California driver license, California identification card, out-of-state driver license, or birth certificate.
(D) A change to the certificate holder's gender requires a copy of his or her California driver license, California identification card, out-of-state driver license, or court documents.
(E) A change to the certificate holder's United States citizenship status requires a copy of his or her Certificate of Citizenship or Certificate of U.S. Naturalization.
(F) A change to the certificate holder's federal I-94 number requires a copy of his or her U.S. employment authorization card.
(G) A change to the certificate holder's federal Alien Registration Number requires a copy of his or her U.S. permanent resident card.

(b) Any modifications to the employment status of a certificate holder of a CFD or CAV shall be reported via CFARS by both the employee and the CFD/CAV.

(1) A certificate holder shall make changes to his or her employment status via CFARS.
(A) To report employment, a certificate holder shall select “Report Employment” and shall enter the employer's CFD/CAV number, business name, and business address.
(B) To terminate employment, a certificate holder shall select “Report Termination of Employment,” shall select the employment location, and shall agree to the following Department notification:
(i) This is to notify the DOJ that effective today, I am no longer associated with the aforementioned firearms dealership/ammunition vendor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(2) A CFD and/or CAV shall make changes to the employment status of an employee by logging into the employer CFARS account and utilizing the links under the “Manage Employees” tab.
(A) To add an employee, a CFD/CAV shall select “Report Employment” and shall enter the employee's full name, COE number, identification number, and employment location.
(B) To terminate an employee, a CFD/CAV shall select “Report Termination of Employment,” shall select the employment location and employee, and shall agree to the following Department notification:
(i) This is to notify the DOJ that as of the date stated on this form, this COE holder/employee is no longer associated with the aforementioned firearms dealership/ammunition vendor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, that I am the licensee of the aforementioned firearms dealership/ammunition vendor, and possess the authority to submit this form.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30342, 30347, 30370 and 31700, Penal Code.

§4037. Renewal of Certificate.

(a) A COE shall be renewed prior to expiration in order to remain valid. Completed applications for a COE renewal shall be submitted electronically within 60 days prior to the expiration of the certificate.

(b) Application renewal shall occur through CFARS by clicking the link “Renew COE”. Applicants shall electronically provide the following information to complete the renewal application:

(1) Applicant's full name; driver license type and identification number; email address; date of birth; residence street address; phone number; gender; United States citizenship; if not a United States citizen, the country of citizenship and the federal Alien Registration Number or federal I-94 number; and business type(s).
(2) Applicant shall agree to the Department's Privacy Notice as specified in subdivision (b)(2) of section 4035 of these regulations.

(c) Any changes to the required information shall be submitted to the Department via CFARS as specified in section 4036 of these regulations and can be modified at the time of renewal.

(d) Payment of renewal fees as specified in section 4038 of these regulations shall be submitted electronically via CFARS for the renewal application to be processed. Payment shall be made using a major credit card or debit card with a major credit card logo.

(e) A renewal occurring 90 days after the expiration of a COE will require the applicant to resubmit fingerprints for a COE to the Department for a firearms eligibility background check and the required fees, as described in section 4032.5 of these regulations, and submit a new COE application, as described in section 4035 of these regulations.

Note: Authority cited: Sections 11105 and 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27545, 27670, 27966, 28450, 29050, 29120, 29800, 29805, 29815, 29820, 29825, 29900, 30312, 30314, 30342, 30347, 30370 and 31700, Penal Code; Sections 8100 and 8103, Welfare and Institutions Code; Title 18, Sections 921 and 922, United States Code; and Title 27, Part 478.32, Code of Federal Regulations.

§4038. Terms and Fees.

(a) The term of a COE shall not exceed one year from the date issued or renewed.

(b) As authorized pursuant to Penal Code section 26710, subdivision (d), the Bureau of Firearms fees for a Certificate of Eligibility are as follows:

(1) Fee for initial application: $22
(2) Fee for renewal application: $22

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30347, 30370 and 31700, Penal Code.

§4039. Cancellation of Certificate.

If a certificate holder wishes to cancel his or her COE before the term expires, he or she shall submit a cancellation notice via CFARS. To cancel a COE, the applicant shall click the link on CFARS titled “View or Modify COE Details” and then select the link “I Want to Cancel My COE.”

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27545, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30342, 30347, 30370 and 31700, Penal Code.

§4040. Applicant Denial Review Process.

(a) Applicant will receive a Notice of Denial through CFARS if the application is denied by the Department. The Notice shall specify all grounds on which the denial is based.

(b) Upon the denial of an application, the applicant may seek review of the records upon which the denial was based pursuant to Penal Code section 11121 and may seek to have those records changed pursuant to Penal Code section 11126. If within one year of the original application date, the applicant is successful in correcting the records to show that the applicant is not in any prohibited class of persons, the applicant may resubmit the application through CFARS without additional charge.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; and Sections 16410, 16800, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 30312, 30314, 30347, 30370 and 31700, Penal Code.

§4041. Revocation, Reasons, and Process.

(a) A certificate may be revoked anytime during the permit year when it is determined the certificate holder becomes prohibited from acquiring or possessing firearms, as specified in Penal Code sections 18205, 29800, 29805, 29815 through 29825, or 29900, or Welfare and Institutions Code section 8100 or 8103, or Title 18, sections 921 and 922 of the United States Code, or Title 27, Part 478.32 of the Code of Federal Regulations.

(b) The Department shall electronically provide the certificate holder with a Notice of Revocation through CFARS which shall specify all causes on which the revocation is based.

Note: Authority cited: Section 26710, Penal Code. Reference: Sections 12101, 12756 and 12757, Health and Safety Code; Sections 16410, 16800, 18205, 26525, 26585, 26700, 26705, 26710, 26915, 26970, 27200, 27535, 27670, 27966, 28450, 29050, 29120, 29800, 29805, 29815, 29820, 29825, 29900, 30312, 30314, 30347, 30370 and 31700, Penal Code; Sections 8100 and 8103, Welfare and Institutions Code; Title 18, Sections 921 and 922, United States Code; and Title 27, Part 478.32, Code of Federal Regulations.

Chapter 4. Documentation Requirements for Firearms and Ammunition Eligibility Checks.

Article 1. Evidence of Residency Documentation

§ 4045. Definitions and Requirements.

The following definitions and requirements apply to documents intended to serve as evidence of residency for the acquisition of a handgun pursuant to Penal Code section 26845:

a.

1. “Utility bill” means a statement of charges for providing direct service to the individual's residence by either a physical connection (i.e., hard wired telephone or cable connection, or a water or gas pipeline connection), or a telemetric connection (i.e., satellite television or radio broadcast service) to a non-mobile, fixed antenna reception device.
2. The utility bill statement date must be within three months of the current date.
A. The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form.
B. The individual's residential address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

b.

1. “Residential lease” means either of the following:
A. A signed and dated contract by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration for the right to occupy an abode for a specified period of time.
B. A signed and dated rental agreement by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration at fixed intervals for the right to occupy an abode.
2. The residential lease must bear the individual's name and either of the following:
A. The individual's current residential address as declared on the DROS form.
B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

c.

1. “Property deed” means either of the following:
A. A valid deed of trust for the individual's property of current residence that identifies the individual as a grantee of the trust.
B. A valid Certificate of Title issued by a licensed title insurance company that identifies the individual as a title holder to his or her property of current residence.
2. The property deed must bear the individual's name and either of the following:
A. The individual's current residential address as declared on the DROS form.
B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

d. “Other evidence of residency as permitted by the Department of Justice” means either of the following:

1. A current, government-issued (city, county, special district, state, or federal) license, permit, or registration, other than a California Driver License or California Identification Card, that has a specified expiration date or period of validity. The license, permit, or registration must bear the individual's name and either of the following:
A. The individual's current residential address as declared on the DROS form.
B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.
2. A valid peace officer credential issued by a California law enforcement agency to an active, reserve, or retired peace officer.

Note: Authority cited: Section 26845, Penal Code. Reference: Sections 26845 and 27550, Penal Code.

Article 2. Additional Documentation Requirements

4045.1. Additional Documentation Requirements for Eligibility Checks with Federal Non-Compliant California Driver License or Identification Card.

This section applies to all firearms and ammunition eligibility checks, including any eligibility check described in Division 5. For the purposes of this section, “eligibility checks” refers to background checks based on any application or report for which an applicant is required to submit a driver license or identification card, or the number from a driver license or identification card, so that the Department of Justice may determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.

(a) For all eligibility checks, a copy of the applicant's California driver license or identification card, or out-of-state driver license, if applicable, shall be submitted, as specified in subdivisions (d) through (g).

(b) For all eligibility checks, if the applicant presents a federal non-compliant California driver license or identification card with the notation “FEDERAL LIMITS APPLY” on the front, the applicant shall also submit proof of lawful presence in the United States, as specified in subdivisions (d) through (g), in the form of one of the following documents:

(1) Valid, unexpired U.S. passport or passport card.
(2) Certified copy of U.S. birth certificate (issued by a city, county, or state vital statistics office). “Abbreviated” or “Abstract” certificates are NOT accepted.
(3) Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240), issued by the U.S. Department of State.
(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.
(5) Certified copy of birth certificate from a U.S. Territory.
(6) Certificate of Naturalization or U.S. Citizenship.
(7) Valid, unexpired Permanent Resident Card.

(c) For all eligibility checks, if the applicant's name as it appears on the federal non-compliant California driver license or identification card differs from the name on the proof of lawful presence document submitted in accordance with subdivision (b), the applicant shall also submit, as specified in subdivisions (d) through (g), one of the following certified documents:

(1) An adoption document that contains the legal name of the applicant as a result of the adoption.
(2) A name change document that contains the applicant's legal name both before and, as a result of, the name change.
(3) A marriage certificate.
(4) A dissolution of marriage document that contains the legal name of the applicant as a result of the court action.
(5) A certificate, declaration or registration document verifying the formation of a domestic partnership.
(6) A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.

(d) Applications or reports submitted in a paper format. For eligibility checks based on an application or report submitted to the Department of Justice in a paper format, the documents required in subdivisions (a) through (c) shall be submitted along with the paper application. Do not send any original documentation when submitting the paper application. These applications and reports include:

(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710.
(2) Firearm Ownership Reports:
(A) New Resident Report of Firearm Ownership, form BOF 4010A (Rev. 01/2020), pursuant to Penal Code section 27560.
(B) Firearm Ownership Report, form BOF 4542A (Rev. 01/2020), pursuant to Penal Code section 28000.
(C) Curio or Relic Firearm Report, form BOF 4100A (Rev. 01/2020), pursuant to Penal Code section 27565.
(D) Collector In-State Acquisition of Curio or Relic Long Gun Report, form BOF 961 (Rev. 01/2020), pursuant to Penal Code section 27966.
(E) Report of Operation of Law or Intra-Familial Firearm Transaction, form BOF 4544A (Rev. 01/2020), pursuant to Penal Code sections 27875 and 27920.
(3) The application forms referenced in section 4142 of Chapter 7 of this Division 5 and amended for purposes of this division as follows: Dangerous Weapons License/Permit(s) Application, form BOF 030 (Rev. 01/2020), or Dangerous Weapons License/Permit(s) Renewal Application, form BOF 031 (Rev. 01/2020). These forms include options to apply for the following licenses/permits:
(A) Assault Weapon/.50 BMG Rifle Permit, pursuant to Penal Code sections 31000 and 31005.
(B) Short-Barreled Shotgun/Rifle Permit, pursuant to Penal Code sections 33300 and 33305.
(C) Destructive Device Permit, pursuant to Penal Code sections 18900 and 18905.
(D) Machinegun Permit, pursuant to Penal Code sections 32650 and 32655.
(E) Machinegun License, pursuant to Penal Code sections 32700 to 32715.
(4) Entertainment Firearms Permit Application, form BOF 051 (Rev. 01/2020), hereby incorporated by reference, pursuant to Penal Code section 29500.
(5) Personal Firearms Eligibility Check Application, form BOF 116 (Rev. 01/2020), hereby incorporated by reference, pursuant to Penal Code section 30105.

(e) Applications or reports submitted electronically via the California Firearms Application Reporting System (CFARS).

For eligibility checks based on an application or report submitted to the Department of Justice electronically via CFARS, the documents required in subdivisions (a) through (c) shall be uploaded to CFARS as prompted during the application or reporting process. These applications and reports include:

(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710 and Chapter 3 of this Division 5.
(2) Unique Serial Number Applications, pursuant to Penal Code section 29182 and Chapter 41 of this Division 5.
(3) Firearm Ownership Reports, including:
(A) New Resident Report of Firearm Ownership, pursuant to Penal Code section 27560.
(B) Firearm Ownership Report, pursuant to Penal Code section 28000.
(C) Curio or Relic Firearm Report, pursuant to Penal Code section 27565.
(D) Collector In-State Acquisition of Curio or Relic Long Gun Report, form pursuant to Penal Code section 27966.
(E) Report of Operation of Law or Intra-Familial Firearm Transaction, pursuant to Penal Code sections 27875 and 27920.

(f) Applications or reports submitted electronically via the Dealer Record of Sale (DROS) Entry System (DES), including applications or reports submitted pursuant to Chapters 8 and 11 of this Division 5.

For eligibility checks based on applications or reports submitted to the Department of Justice electronically via the DES, the firearm dealer or ammunition vendor shall examine the applicant's driver license or identification card. If the applicant's California driver license or identification card is federal non-compliant with the notation “FEDERAL LIMITS APPLY” on the front, the firearm dealer or ammunition vendor shall require the applicant to submit a copy of the document required in subdivision (b), as well as a copy of the document required in subdivision (c) if applicable. The firearm dealer or ammunition vendor shall retain a copy of the “FEDERAL LIMITS APPLY” driver license or identification card, as well as the supporting documents, as part of the permanent record. These applications and reports include:

(1) Application(s) to purchase a firearm. The firearm dealer shall confirm compliance with this subdivision on DES, as necessary during the application or reporting process. The firearm dealer shall keep a copy of the document(s) required in subdivisions (a) through (c) as part of the permanent record of the transaction described in Penal Code section 28215, subdivision (c).
(2) Applications to purchase ammunition, as described in Penal Code section 30370. The firearm dealer or ammunition vendor shall confirm compliance with this subdivision on DES, as necessary during the application or reporting process. The firearm dealer or ammunition vendor shall keep a copy of the document(s) required in subdivisions (a) through (c).

(g) Applications or reports submitted to other agencies that include fingerprint data to be used by the Department of Justice to determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.

For eligibility checks based on applications or reports submitted to other agencies that include fingerprint data to be used by the Department of Justice to determine the applicant's eligibility to possess a firearm or ammunition under state or federal law, if the applicant presents a federal non-compliant California driver license or identification card with the notation “FEDERAL LIMITS APPLY” on the front, the agency shall require the applicant to submit copies of the documents required in subdivision (b), as well as a copy of the document required in subdivision (c) if applicable. The agency shall keep a copy of the documents required in subdivisions (a) through (c) as part of the permanent record of the application. The Department of Justice may request a copy of the document(s) at a future date. Applicants of these applications and reports include:

(1) Peace officer applicants, custodial officers, or transportation officers, pursuant to Penal Code section 832.15.
(2) Peace officers, pursuant to Penal Code section 832.16.
(3) Applicants for admission to a basic course of training certified by the Commission on Peace Officer Standards and Training that includes the carrying and use of firearms, pursuant to Penal Code section 13511.5.
(4) Applicants for an explosives permit, pursuant to Health & Safety Code section 12101.

Note: Authority cited: Sections 28060, 28100, 28155, 28215 and 28220, Penal Code. Reference: Sections 832.15, 832.16, 13511.5, 16400, 18900, 18905, 23000, 26150, 26155, 26170, 26710, 26815, 27540, 27560, 27565, 27875, 27920, 27966, 28000, 28160, 28215, 28220, 28250, 29182, 29500, 30105, 30370, 31000, 31005, 32650, 32655, 32700, 32705, 32710, 32715, 33300, 33305 and 33850, Penal Code; Section 12101, Health and Safety Code; and Section 922, Title 18, United States Code.

Chapter 5. Laboratory Certification and Handgun Testing. Article 1. General: Title; Scope; Extensions for Compliance

Chapter 5. Laboratory Certification and Handgun Testing. Article 2. Definition of Key Terms

Chapter 5. Laboratory Certification and Handgun Testing. Article 3. DOJ-Certification: Who Must be DOJ-Certified; Application for DOJ-Certification; Pre-DOJ-Certification Requirements; Grounds for Denial; DOJ-Certification Period; Appeal Process

Chapter 5. Laboratory Certification and Handgun Testing. Article 4. Operational Requirements: Absence of Conflict of Interest; Security and Safety Requirements; Licensing/Minimum Standards Compliance; Which Handguns Must be Tested, Who May Submit Handguns, Submission Requirements; Testing Procedures; Test Reporting; Required Records, Retention Periods, Reporting Changes; off-Site Locations; Inspections

Chapter 5. Laboratory Certification and Handgun Testing. Article 5. Application Fees

Chapter 5. Laboratory Certification and Handgun Testing. Article 6. DOJ-Certification Revocation

Chapter 5. Laboratory Certification and Handgun Testing. Article 7. DOJ-Certification Renewal: DOJ-Certification Renewal Procedures; DOJ-Certification After Expiration

Chapter 5. Laboratory Certification and Handgun Testing. Article 8. Service of Notices, Orders, and Communications

Chapter 5. Laboratory Certification and Handgun Testing. Article 9. Roster of Certified Handguns; Roster of Certified Handgun Listing Renewal Procedures

Chapter 5. Laboratory Certification and Handgun Testing. Article 10. Fees for the Roster of Certified Handguns

Chapter 5. Laboratory Certification and Handgun Testing. Article 11. Approval by the Attorney General of Alternative Method of Microstamping Technology

Chapter 6. Certified Firearm Safety Device Laboratories, Firearm Safety Device Standards and Testing, and Standards for Gun Safes.

Article 1. General: Title; Scope; Extensions for Compliance

Article 2. Definition of Key Terms

Article 3. Certified Firearm Safety Device Laboratories

Article 4. Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning

Article 5. DOJ Suspension or Revocation of Firearm Safety Device Laboratory Certification

Article 6. Firearm Safety Device Laboratory Certification Renewal; Firearm Safety Device Laboratory Certification After Expiration

Article 7. Service of Notices, Orders, and Communications

Article 8. Roster of Approved Firearm Safety Devices, Appeal Process

Chapter 7. Dangerous Weapons.

Article 1. General Provisions

Article 2. Definitions

Article 3. Licenses and Permits

Article 3.5. Documentation of Necessity

Article 4. Investigations

Article 5. Security

Article 6. Application Forms, Processing Time, Reporting Requirements, Renewals, Fees, Denials, Revocations

Article 7. Appeal Process

Chapter 8. DROS Entry System (Des)

§4200. Title and Scope.

§4210. Terms of Use and Required Information.

§4220. Capturing Thumbprint of Firearms Purchaser/Transferee/Loanee.

§4230. Delivery of Firearms Following DROS Submission and Suspension.

§4240. Billing, Payment, and Suspension for Non-Payment.

Chapter 9. Firearm Safety Certificate Program and Safe Handling Demonstrations

Article 1. DOJ Certified Instructors

Article 2. Fsc Test

Article 3. Fsc Issuance and Replacement

Article 4. Safe Handling Demonstration Steps

Article 5. Comparable Training in Firearms Safety

Chapter 10. Ammunition Vendors

§4260. Ammunition Vendor License Applications.

§4261. Ammunition Vendor License Application Fee and Term Length.

§4262. Display of Ammunition.

§4263. Vendor Fee for Processing a Private Party (Non-Vendor) Ammunition Sale.

§4264. Suspension and Forfeiture of Ammunition Vendor's License.

Chapter 11. Ammunition Purchases or Transfers

Article 1. General

Article 2. Ammunition Eligibility Checks: Standard and Basic

Article 3. Purchasing of a Firearm and Ammunition in a Single Transaction

Article 4. Coe Verification Process

Article 5. Ammunition Purchases or Transfers; Exempted Individuals

Article 6. Telephonic Access for Ammunition Vendors

Article 7. Delivery of Ammunition and Billing

Chapter 12. California Firearms Application Reporting System

§4340. Account Creation.

Chapter 13. Automated Firearms System Information Updates

Article 1. General

Chapter 38. Olympic Pistol Exemptions

§5455. Exemption of Olympic Pistols.

(a) The following definitions shall apply to the regulations contained in this chapter:

(1) “USA Shooting or its successor” means the organization that is recognized by the United States Olympic Committee as the national governing body for international shooting competition in the United States.
(2) “DOJ” means the California Department of Justice.
(3) “New model” means a model not previously listed on the roster of Olympic pistols exempted pursuant to this section.
(4) “Olympic pistol” means a handgun that is all of the following:
(A) Is sanctioned for use in Olympic target shooting events by the International Olympic Committee.
(B) Is sanctioned for use in Olympic target shooting events by USA Shooting, or its successor.
(C) Is used for Olympic target shooting purposes.
(D) Falls within the Penal Code section 31910 definition of “unsafe handgun” and/or the Penal Code section 30515 definition of “assault weapon.”

(b)

(1) DOJ shall exempt new models of Olympic pistols from the “assault weapon” definition in Penal Code section 30515 and/or the “unsafe handgun” provisions as provided for in Penal Code sections 16380, 16900, 17140, 31900 et seq., 32000 et seq., and 32100 et seq.
(2) DOJ shall base its exemptions on recommendations made by USA Shooting or its successor. Recommendations must meet all of the following requirements:
(A) The recommendation must be in the form of a notarized statement signed and dated by the current chief executive officer of USA Shooting or its successor.
(B) The recommendation must specify the make, model, and caliber of the pistol(s).
(C) The recommendation must include a statement that the pistol(s) is sanctioned by USA Shooting or its successor for use in Olympic target shooting competition.
(D) The recommendation must include a statement that the pistol(s) is used for Olympic target shooting purposes.

(c) DOJ shall maintain a roster of Olympic pistols exempted pursuant to this section.

Note: Authority cited: Sections 30515 and 32105, Penal Code. Reference: Sections 30515, 31910, 32000 and 32105, Penal Code.

Chapter 39. Assault Weapons and Large-Capacity Magazines

Article 1. General

Article 2. Registration Requirement, What Qualifies for Registration, and Definitions

Article 3. Assault Weapon Registration

Article 4. Large-Capacity Magazine Permits

Chapter 40. Assault Weapons Identification

§5495. California Penal Code Section 30510, Subdivisions (a) Through (c), Assault Weapons List.

§5499. California Penal Code Section 30510, Subdivision (f), Assault Weapons List.

Chapter 41. Self-Manufactured or Self-Assembled Firearms

Article 1. General

§5505. Title and Scope.

This chapter shall be known as the “Department of Justice Regulations for Self-Manufactured or Self-Assembled Firearms,” may be cited as such and is referred to herein as “these regulations.” The provisions of these regulations shall apply to an individual who owns a self-manufactured or self-assembled firearm before July 1, 2018 that is not recorded with the Department of Justice (Department), and shall also apply to an individual who intends to manufacture or assemble a firearm on or after July 1, 2018, and, on and after January 1, 2019, to a new resident to the state who wishes to possess in the state a previously self-manufactured or self-assembled firearm that does not have a unique serial number or other mark of identification. The individual in each situation shall make a request to the Department to obtain a unique serial number for the individual's unrecorded self-manufactured or self-assembled firearm. These regulations apply to self-manufactured or self-assembled firearms made from any material, including wood, metal, or plastic, and made through any process, including those produced by 3D printers. These regulations do not apply to a firearm that satisfies one or more criterion of Penal Code section 29181.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 11106, 16520, 23910, 29180, 29181, 29182, 29183 and 29184, Penal Code.

Article 2. Definitions

§5506. Firearms for Which No Unique Serial Numbers Will Be Provided.

The Department will not provide serial numbers for self-manufactured or self-assembled prohibited weapons pursuant to Penal Code section 16590, an assault weapon, a machine gun pursuant to Penal Code section 16880, a .50 BMG rifle pursuant to Penal Code section 30530, a destructive device pursuant to Penal Code section 16460, a short barreled rifle pursuant to Penal Code section 17170, or a short barreled shotgun pursuant to Penal Code section 17180.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 16460, 16590, 16880, 17170, 17180, 29180, 29182, 30510, 30515 and 30530, Penal Code.

§5507. Definition of Key Terms.

For the purposes of Penal Code section 29180 and Chapter 41, the following definitions will apply:

(a) “Antique firearm” means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(b) “Barrel” means the tube, usually metal and cylindrical, through which a projectile or shot charge is fired. Barrels may have a rifled or smooth bore.

(c) “Barrel length” means the length of the barrel measured as follows: Without consideration of any extensions or protrusions rearward of the closed bolt or breech-face the approved procedure 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. Permanent methods of attachment include full-fusion gas or electric steel-seam welding, high temperature (1100oF) 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 against the closed bolt or breech-face. The rod is then marked at the furthermost end of the barrel or permanently attached muzzle device, withdrawn from the barrel, and measured.

(d) “Bolt Action” means a firearm mechanism activated by manual operation of the breechblock that resembles a common door bolt.

(e) “Bore” means the interior of a firearm's barrel excluding the chamber.

(f) “Break Top” means an action design wherein the barrel(s) is pivoted on the frame/receiver. When the action is open, the barrel may pivot up, down, or sideways for loading or unloading. When the action is closed, the breech of the barrel(s) swings against the standing breech. Opening the action is normally accomplished by movement of a top-, side-, or under-lever.

(g) “Bureau” means the Bureau of Firearms of the California Department of Justice.

(h) “Caliber” means the nominal diameter of a projectile of a rifled firearm or the diameter between lands in a rifled barrel. In the United States, caliber is usually expressed in hundredths of an inch; in Great Britain in thousandths of an inch; in Europe and elsewhere in millimeters.

(i) “CFARS” means California Firearms Application Reporting System.

(j) “Conspicuously” means that all required markings shall be placed in such a manner as to be wholly unobstructed from plain view.

(k) “Curios” or “relics” means firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. These include firearms that were manufactured at least 50 years prior to the current date, but not including replicas of such firearms; firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

(l ) “Department” means the California Department of Justice.

(m) “Firearms Eligibility Check” means a state and federal background check pursuant to Penal Code section 28220 that is used to determine an individual's eligibility to possess, receive, own, or purchase a firearm.

(n) “Frame” means the receiver of a pistol.

(o) “FSC” means Firearm Safety Certificate as defined in Penal Code section 16535.

(p) “HSC” means Handgun Safety Certificate as defined in Penal Code section 16670.

(q) “Legibly marked” means using exclusively Roman letters (A, a, B, b, C, c, and so forth) and numbers.

(r) “Other mark of identification” has, for the purposes of these regulations, the same definition as subdivision (z).

(s) “Receiver” means the basic unit of a firearm which houses the firing and breech mechanisms and to which the barrel and stock are assembled.

(t) “Receiver, lower” means the lower part of a two part receiver.

(u) “Receiver or frame, unfinished” means a precursor part to a firearm that is not yet legally a firearm. Unfinished receivers or frames may be found in various levels of completion. As more finishing work is completed the precursor part gradually becomes a firearm. Some have the shape of an AR-15 lower receiver for example, but are solid metal. Some have been worked on and the magazine well has been machined open. Firearms Manufactured by Unlicensed Subjects (FMBUS) began as unfinished receivers.

(v) “Receiver, upper” means the top portion of a two part receiver.

(w) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(x) “Self-assembled or “self-manufactured” firearm means a firearm fabricated or constructed, including firearm constructed using a 3D printer or any other technology, by a person, or a firearm the component parts which were fit together by a person to construct a firearm, but does not include:

(1) A firearm assembled or manufactured by a firearms manufacturer licensed by the State of California and/or the Federal Government, or
(2) A firearm with a serialized receiver purchased from a California gun store and later assembled it into a functional firearm. In this case, a licensed Federal Firearms Licensee is the manufacturer of the firearm and has applied its own serial number to the firearm.

(y) “Single Shot” generally means a firearm with a break top or bolt action design that lacks a magazine. The shooter would manually load the firearms chamber each time the weapon was fired. A variation of the single shot is the single shot repeating style firearm which traditionally will have a bolt action, lever action or pump action coupled with a magazine.

(z) “Unique Serial Number” means a serial number issued by the Department that consists of a sequence of alphanumeric characters, is easily identifiable as belonging to a self-assembled or self-manufactured firearm, and is unique to each firearm.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 16170, 16520, 16535, 16670, 28220, 29180, 29181, 29182, 29183 and 29184, Penal Code.

Article 3. Self-Assembled Firearms Not Affected by this Chapter

§5508. Firearms Not Affected by This Chapter Pursuant to Penal Code Section 29181.

The following firearms are not affected by these regulations and do not have to be recorded with the Department:

(a) A self-manufactured or self-assembled firearm containing a serial number assigned to it pursuant to Penal Code section 23910 or pursuant to Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto.

(b) A firearm that was manufactured or assembled prior to December 16, 1968, as long as the firearm is not a handgun.

(c) A firearm that was entered into the centralized registry with the Department prior to July 1, 2018, pursuant to Penal Code section 11106. Such a firearm contains a serial number or other mark of identification assigned by the individual who manufactured or assembled the firearm and reported the serial number or mark of identification to the Department so that it is on file with the Department. This serial number or mark of identification is typically one that was created by the individual who manufactured or assembled the firearm; therefore, it is not a serial number or mark of identification that was issued by the Department.

(d) A firearm containing a serial number pursuant to Chapter 53 of Title 26 of the United States Code and regulations issued pursuant thereto. Hence, if the individual's firearm already has a serial number issued to it by a Federal Firearms Licensee, whether it is an already functionally complete firearm or just a receiver or frame by itself, the individual does not have to reapply for a Department-issued unique serial number.

(e) A firearm that is a curio, relic, or an antique firearm.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 11106, 23910, 29180, 29181 and 29182, Penal Code.

Article 4. Firearms Regulated by Penal Code Section 29180

§5509. Persons Affected by These Regulations.

This article applies to the following:

(a) An individual who owns a self-manufactured or self-assembled firearm originally made from an unfinished receiver or frame as of July 1, 2018; and

(b) An individual who intends to manufacture or assemble a firearm from an unfinished receiver or frame on or after July 1, 2018; and

(c) A new resident to the state who wishes to possess in the state a firearm previously self-manufactured or self-assembled that does not have a unique serial number or other mark of identification.

Note: Authority cited: Sections 29180 and 29182, Penal Code. Reference: Section 29180, Penal Code.

§5510. Effective Dates.

(a) An individual who owns a self-manufactured or self-assembled firearm originally made from an unfinished receiver or frame that has not yet been recorded with the Department shall:

(1) Beginning on July 1, 2018, apply to the Department to request a unique serial number to record the firearm with the Department. The individual shall submit an electronic application to request a serial number for the self-manufactured or self-assembled firearm to the Department before January 1, 2019.

(b) As of July 1, 2018, no individual shall manufacture or assemble a firearm from an unfinished receiver or frame unless the individual applies to the Department for a unique serial number prior to manufacturing or assembling the firearm.

(c) Beginning January 1, 2019, a new resident to the state shall apply for a unique serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled that does not have a unique serial number or other mark of identification.

Note: Authority cited: Section 29182, Penal Code. Reference: Section 29180, Penal Code.

Article 5. Cfars Reporting of Self-Manufactured or Self-Assembled Firearms Pursuant to Section 29180

§5511. Online Reporting with CFARS.

(a) The application to request a unique serial number to record ownership of a self-manufactured or self-assembled firearm that was built prior to July 1, 2018, or to request a unique serial number to record ownership for a firearm that has not yet been manufactured or assembled as of July 1, 2018, shall be filed electronically using the Department's California Firearms Application Reporting System (CFARS), at the following website: https://cfars.doj.ca.gov/login.do.

(b) A new resident to the state shall apply for a unique serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled that does not have a unique serial number or other mark of identification. The application shall be filed electronically using CFARS, at the following website: https://cfars.doj.ca.gov/login.do.

(c) Applications will be located on CFARS under the link “Unique Serial Number Application.”

(d) The application to request a unique serial number to record ownership of a self-manufactured or self-assembled firearm that was built prior to July 1, 2018 shall only be available on the Department's website until 11:59 p.m. of December 31, 2018. To be processed, all such applications shall be paid in full and submitted online before January 1, 2019.

Note: Authority cited: Section 29182, Penal Code. Reference: Section 29180, Penal Code.

§5512. CFARS Reporting Process [Repealed].

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 26710 and 29180, Penal Code.

HISTORY 1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

(a) To apply for a unique serial number, the applicant shall create a CFARS account online. To create a CFARS account, the applicant shall agree to the following conditions of use:

(1) Non-Liability: the Department is not responsible for, and will have no liability for, any hardware, software, information, or other items or any services provided by any persons other than the Department. Except as may be required by law, in no event shall either party be liable to the other or any third party, under any theory of liability, including, but not limited to, any contract or tort claim for any cause whatsoever, for any indirect, incidental, special, or consequential damages, including loss of revenue or profits, even if aware of the possibility thereof.
(2) Authorization: the applicant is authorized to use CFARS for the purpose of reporting firearm information to the Department and/or submitting and managing a Certificate of Eligibility in order to comply with California firearm laws and regulations. If the applicant becomes aware of an unauthorized user obtaining access to the applicant's CFARS account, the applicant will notify the Bureau of Firearms immediately at (916) 227-7527, or via email at: firearms.bureau@doj.ca.gov.
(3) Fees: notwithstanding such notification, the applicant agrees the Department shall not be liable for transaction charges fraudulently incurred. It will be the applicant's responsibility to pay any charges. The Department will not provide refunds after the submission of a transaction.
(4) True and Accurate Information: all of the information the applicant submits to the Department through CFARS shall be true, accurate, and complete to the best of the applicant's knowledge.

(b) The following information shall be provided by the applicant to create a CFARS account:

(1) Full Name
(2) Email Address
(3) Selection of Three Security Questions and Answers
(4) Password

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 26710 and 29180, Penal Code.

2. Repealer filed 5-28-2019; operative 7-1-2019 (Register 2019, No. 22).

§5513. Applicant and Firearm Identification Information Entered into CFARS by Applicant and the Department's Privacy Notice.

(a) After creating a CFARS account pursuant to section 4340, the applicant shall provide certain identifying information to demonstrate that the applicant is not prohibited under either state or federal law from possessing a firearm before the Department issues a unique serial number to the applicant. The applicant shall provide the following identifying information:

(1) The applicant's full name, residence street address, email address, telephone number, date of birth, gender, military identification number (if applicable), California Driver License number or California Identification Card number, U.S. citizenship status, place of birth, country of citizenship, and alien registration number or I-94 (if applicable).
(A) The applicant shall be 18 years of age or older to apply for a unique serial number for a firearm that is not a handgun. Commencing February 1, 2019, the applicant shall be 21 years of age or older to apply for a unique serial number for a firearm that is not a handgun.
(B) The applicant shall be 21 years of age or older to apply for a unique serial number for a handgun.
(2) A description of the firearm that specifies: date of manufacture (the date its assembly will be complete or, for a new resident, the date completed), firearm type, category, model (if applicable), caliber, firearm color, barrel length, unit of measurement, type of material used to build the receiver (aluminum, steel, polymer plastic, or other), whether it is a frame or receiver only, and additional identification marks (if applicable).
(A) If the applicant specifies the pistol category is “Single Shot,” they will also need to specify if the pistol is “Bolt Action” or “Break Top.”
(B) If the applicant specifies that the receiver of the firearm being reported is made from material “other” than aluminum, steel, or polymer plastic, the applicant shall provide a brief explanation of the type of material that was used to build the receiver.
(3) The applicant's Firearms Safety Certificate (FSC) or Handgun Safety Certificate (HSC) number. Instructions on obtaining a FSC can be found on: https://oag.ca.gov/firearms/fscinfo.

(b) The Department shall request additional firearm(s) identifying information and digital image(s) if necessary to confirm that an applicant is compliant with state firearm laws. If the requested information or digital image(s) is not received within 30 calendar days of the applicant being notified of the request in CFARS, the application will not be processed.

(c) The applicant shall agree to the following terms of the Department's Privacy Notice:

(1) Collection and Use of Personal Information: the Division of Law Enforcement, Bureau of Firearms in the Department of Justice collects the information on this application pursuant to Penal Code sections 29180, 29181, 29182, 29183, and 29184. The Bureau of Firearms uses this information to process and assign a unique serial number(s) to a firearm(s) and to record firearm ownership for an applicant. In addition, any personal information collected by state agencies is subject to the limitations in the Information Practices Act and state policy. The Department of Justice's general privacy policy is available at: http://oag.ca.gov/privacy-policy.
(2) Providing Personal Information: all personal information on this application is mandatory. Failure to provide the mandatory personal information will result in the application not being processed.
(3) Access to Your Information: you may review the records maintained by the Division of Law Enforcement, Bureau of Firearms in the Department of Justice that contain your personal information, as permitted by the Information Practices Act.
(4) Possible Disclosure of Personal Information: in order to process and assign a unique serial number(s) to a firearm(s) for an applicant, we may need to share the information the applicant provides us with any Bureau of Firearms representative or any other person designated by the Attorney General upon request. The information you provide may also be disclosed in the following circumstances:
(A) With other persons or agencies when necessary to perform their legal duties, and their use of your information is compatible and complies with state law, such as for investigations, licensing, certification, or regulatory purposes;
(B) To another government as required by state or federal law.

(d) If any part of the identifying information in subdivisions (a)(1), (a)(2), and (a)(3) of this section is missing, the Department shall not approve the applicant's request for a unique serial number.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 11106, 16400, 16535, 16670, 27510, 28160, 29180 and 29182, Penal Code; and Section 1798.17, Civil Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. Amendment of subsection (a)(1)(A) filed 12-28-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsection (a), redesignation of former subsections (a)(2)(B) as (a)(2)(A) and amendment of subsection (b) filed 5-28-2019; operative 7-1-2019 (Register 2019, No. 22).

4. Amendment of subsection (a)(1)(A) refiled 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsection (a)(1)(A) refiled 9-26-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 9-26-2019 order, including amendment of subsections (a)(1) and (a)(2), repealer and new subsection (a)(2)(A), new subsection (a)(2)(B), repealer and new subsection (b) and new subsection (d) transmitted to OAL 12-27-2019 and filed 1-28-2020; amendments operative 1-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).


§5514. Recording Fee for a Self-Manufactured or Self-Assembled Firearm.

(a) The initial fee for submitting an application for a unique serial number is $35.00. This fee will cover the $20.00 cost for the firearms eligibility check conducted by the Department and the issuance of one unique serial number for one firearm. If the applicant has multiple self-manufactured or self-assembled firearms or intends to manufacture or assemble multiple firearms, the applicant may request multiple unique serial numbers during the same transaction. It will be an additional $15.00 for each subsequent request for a unique serial number within the same transaction. There is no limit to the number of unique serial numbers that an applicant may request within a single transaction to record the applicant's self-manufactured or self-assembled firearms.

(b) The fee for the firearms eligibility check and the issuance of a unique serial number for the self-manufactured or self-assembled firearm, shall be paid online by debit or credit card at the time the application is submitted to the Department for processing. If the fee is not paid, the application will not be processed.

(c) Once the firearms eligibility check is completed, an electronic copy of the original determination letter will be available on the applicant's CFARS account for a limited time. It is the applicant's responsibility to print out and save the determination letter for the applicant's records. The Department will not mail a physical copy of the original determination letter to the applicant's residence after the firearm eligibility check is conducted.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 28220, 29182 and 29183, Penal Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. Amendment of Note filed 12-28-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.

3. Amendment of Note refiled 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.

4. Amendment of Note refiled 9-26-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 9-26-2019 order transmitted to OAL 12-27-2019 and filed 1-28-2020 (Register 2020, No. 5).

§5515. One Unique Serial Number Issued Per Firearm.

(a) The Department shall assign each self-manufactured or self-assembled firearm its own unique serial number so that each firearm is distinguishable from any other self-manufactured or self-assembled firearm.

(b) If the applicant requests multiple unique serial numbers for multiple self-manufactured or self-assembled firearms during the same transaction on CFARS, each unique serial number received by the applicant will differ from all other unique serial numbers received by the applicant as a part of that transaction or any other future transaction to obtain additional unique serial numbers. Each unique serial number shall be distinct to a particular firearm. If the applicant's request to obtain a unique serial number for multiple self-manufactured or self-assembled firearms is approved, the Department will inform the applicant which unique serial number is specifically assigned to each firearm.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 29180 and 29182, Penal Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

§5516. Firearms Eligibility Check Conducted by the Department Prior to Issuing a Unique Serial Number.

(a) After the applicant pays for and submits an online application to request a unique serial number on CFARS, the Department will conduct a firearms eligibility check to determine that the applicant is not prohibited from possessing a firearm under either state or federal law. The Department will examine both state and federal records to ensure that neither state nor federal law prohibits the applicant from possessing a firearm.

(b) Upon completion of the firearms eligibility check, the Department will determine if the applicant is:

(1) Eligible to own a firearm
(2) Ineligible to own a firearm or that the background check could not generate a disposition for the applicant's criminal history.

(c) If the applicant is eligible, the Department will assign a unique serial number. If the applicant is ineligible or the background check could not generate a disposition for the applicant's criminal history, the Department will not issue a unique serial number.

(d) The Department will notify the applicant of its determination electronically by email. The applicant's CFARS account will generate a generic email notification that will be sent to the applicant's personal email address when the Department makes its determination so that the applicant can log onto the applicant's CFARS account online to view the decision.

(1) If an applicant is ineligible to own a firearm or if the background check could not generate a disposition for the applicant's criminal record, a follow-up denial notification will be sent through U.S. mail, which will address the denial reason. There will also be instructions on how to receive a copy of the record that resulted in the denial as well as how to dispute and correct the information in the applicant's record that the applicant believes is incorrect.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 28220 and 29182, Penal Code; and Section 8104, Welfare and Institutions Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. Amendment of Note filed 12-28-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.

3. Amendment of Note refiled 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.

4. Amendment of Note refiled 9-26-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 9-26-2019 order, including amendment of section, transmitted to OAL 12-27-2019 and filed 1-28-2020; amendments operative 1-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).

§5517. 15 Day Period for the Department to Approve or Deny the Applicant's Request for a Unique Serial Number.

The Department will grant or deny the applicant's request for a unique serial number within 15 calendar days after it receives the application. The 15-day decision timeframe will begin when the applicant's completed CFARS application has been paid for and is submitted to CFARS to commence the firearms eligibility check.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 28220, 29180 and 29182, Penal Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. Amendment of Note filed 12-28-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.

3. Amendment of Note refiled 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.

4. Amendment of Note refiled 9-26-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 9-26-2019 order transmitted to OAL 12-27-2019 and filed 1-28-2020 (Register 2020, No. 5).

Article 6. Deadlines, Instructions for Engraving the Unique Serial Number, and Instructions for Uploading Digital Images of Firearms

§5518. Deadlines to Engrave the Unique Serial Number on the Firearm After Receiving the Electronic Approval Notice from the Department.

(a) After the applicant submits an online application, the Department shall notify the applicant of its approval or denial electronically. An automated email will be sent to the applicant notifying the applicant to log on to the applicant's CFARS account to view the determination letter.

(b) If the applicant's request for a unique serial number is approved, the applicant shall do the following:

(1) The applicant owning a self-manufactured or self-assembled firearm prior to July 1, 2018 shall engrave, cast, stamp (impress), or permanently place in a conspicuous location on the receiver or frame of the firearm the unique serial number issued by the Department within 10 calendar days of receiving the unique serial number from the Department. The applicant's date of receipt of the unique serial number shall be the date on the email containing the electronic notice that tells the applicant to log into the applicant's CFARS account to view the electronic correspondence sent by the Department.
(A) To show that the applicant has complied with the 10-day deadline, the applicant shall upload digital images pursuant to section 5521 of these regulations.
(B) If the applicant fails to engrave, cast, stamp (impress), or permanently place the unique serial number in a conspicuous location on the receiver or frame of the firearm and upload the required digital images before the end of the tenth day, the unique serial number will become invalid. At that point, the applicant will have to reapply to the Department and request another unique serial number. The applicant shall complete the reapplication process by January 1, 2019, or the firearm will fail to comply with the law.
(2) A new resident to the state owning a self-manufactured or self-assembled firearm shall engrave, cast, stamp (impress), or permanently place in a conspicuous location on the receiver or frame of the firearm the unique serial number issued by the Department within 10 calendar days of receiving the unique serial number from the Department. The applicant's date of receipt of the unique serial number shall be the date on the email containing the electronic notice that tells the applicant to log into the applicant's CFARS account to view the electronic correspondence sent by the Department.
(A) To show that the applicant has complied with the 10-day deadline, the applicant shall upload digital images pursuant to section 5521 of these regulations.
(B) If the applicant fails to engrave, cast, stamp (impress), or permanently place the unique serial number in a conspicuous location on the receiver or frame of the firearm and upload the required digital images before the end of the tenth day, the unique serial number will become invalid. At that point, the applicant will have to reapply to the Department and request another unique serial number.
(3) An applicant intending to manufacture or assemble a firearm on or after July 1, 2018, shall engrave, cast, stamp (impress), or permanently place in a conspicuous location on the receiver or frame of the firearm the unique serial number issued by the Department within 30 calendar days of receiving the unique serial number from the Department. The applicant's date of receipt of the unique serial number shall be the date on the email containing the electronic notice that tells the applicant to log into the applicant's CFARS account to view the electronic correspondence sent by the Department.
(A) The applicant shall only manufacture or assemble the firearm after the Department determines that the applicant is eligible to possess a firearm and issues the applicant a unique serial number.
(B) Within 10 calendar days of manufacturing or assembling the firearm, the applicant shall engrave, cast, stamp (impress), or permanently place in a conspicuous location on the receiver or frame of the firearm the unique serial number for the self-manufactured or self-assembled firearm. Hence, at the latest, the applicant shall finish manufacturing or assembling the firearm within 20 calendar days from the date the Department issued the applicant a unique serial number so that the applicant can complete the entire engraving process within the 30-day period prescribed by the Department.
(C) For firearms built on or after July 1, 2018, an applicant only has access to the Department-issued unique serial number for 30 days from the date of its issuance. If the applicant does not manufacture or assemble and engrave the firearm with its unique serial number within the 30 days provided by the Department, the unique serial number will become invalid and the applicant must reapply for a new unique serial number.
(D) If the applicant fails to upload the proper digital images of the firearm or does not properly apply the unique serial number to the firearm before the 30-day period expires, the applicant will have until the end of the thirtieth day to provide the correct information to the Department.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 29180 and 29182, Penal Code.

HISTORY

1. New article 6 (sections 5518-5521) and section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. New subsections (b)(2)-(b)(2)(B) and subsection renumbering filed 1-28-2020; operative 1-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).

§5519. Special Requirements for Engraving, Casting, Stamping (Impressing), or Placing the Unique Serial Number on a Self-Manufactured or Self-Assembled Firearm Made from Polymer Plastic.

A firearm manufactured or assembled from polymer plastic on or after July 1, 2018, shall contain its unique serial number on 3.7 ounces of material type 17-4 PH stainless steel. This stainless steel piece shall be embedded within the plastic receiver or frame upon the firearm's manufacture or assembly.

Note: Authority cited: Section 29180, Penal Code. Reference: Section 29180, Penal Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

§5520. Procedures to Engrave, Cast, Stamp (Impress), or Place the Unique Serial Number on the Self-Manufactured or Self-Assembled Firearm.

(a) The Department shall issue a unique serial number to the applicant only if the applicant is eligible to possess or own a firearm. Once the Department issues a unique serial number it shall be applied to the self-manufactured or self-assembled firearm as follows:

(1) Upon receiving a Department-issued unique serial number, the applicant may contact a Federal Firearms Licensed Manufacturer (type 07) to have the unique serial number applied to the firearm in a manner consistent with this section and federal law. However, a Federal Firearms Licensee is under no obligation to perform this work. The applicant may also use an unlicensed party to apply the unique serial number and other required markings to the firearm; however, the owner of the firearm shall not leave the firearm unattended with an unlicensed party. Finally, the applicant may personally apply the unique serial number to the firearm if the applicant complies with the requirements set out below in subsection (2) of this section. Proof of the engraved unique serial number on the firearm shall be given to the Department in the form of digital images of the newly serialized firearm. These digital images shall be submitted on CFARS in accordance with the digital image requirement noted in section 5521 of these regulations.
(2) The applicant shall legibly and uniquely mark and identify each self-manufactured or self-assembled firearm as follows:
(A) By engraving, casting, stamping (impressing), or otherwise permanently placing in a conspicuous location on the receiver or frame of the firearm or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver thereof the unique serial number. The unique serial number shall be placed in a manner not susceptible of being readily obliterated, altered, or removed, and shall not duplicate any serial number placed by the unlicensed manufacturer on any other firearm. The engraving, casting, or stamping (impressing) of the serial number shall be to a minimum depth of .003 inch and in a print no smaller than 1/16 inch; and
(B) By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame, receiver, or barrel thereof certain additional information that is mentioned below. This information shall be placed in a manner not susceptible of being readily obliterated, altered, or removed. The additional information shall include:
1. The model of the firearm, if such designation has been made;
2. The caliber or gauge of the firearm;
3. The manufacturer's first and last name as provided to the Department for recording purposes, when applicable; and
4. The city and state (or recognized abbreviation thereof) where the manufacturer made the firearm.
(3) The depth of all markings required by this section shall be measured from the flat surface of the metal and not the peaks or ridges. The height of serial numbers required by paragraph (a)(2)(A) of this section will be measured as the distance between the latitudinal ends of the character impression bottoms (bases).
(4) The Department shall deny the applicant's unique serial number application if it determines the above described marking requirements have not been met.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 11106, 29180 and 29182, Penal Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

§5521. The Procedure to Submit Digital Images of the Self-Manufactured or Self-Assembled Firearm.

(a) Once the applicant applies the unique serial number and additional information in a conspicuous location on the self-manufactured or self-assembled firearm as required by section 5520 of these regulations, the applicant shall upload, onto CFARS, a total of four clear digital images of the firearm. These digital images shall clearly depict the firearm and its newly engraved serial number. The four digital images shall be taken as follows:

(1) One digital image shall be a close-up image of the engraved, cast, stamped (impressed), or permanently placed unique serial number and additional information, which shall be located on the receiver or frame of the firearm. This image shall encompass the entire unique serial number, so the Department can easily read it when it reviews this image.
(2) One digital image shall depict the entire firearm. This image shall be photographed horizontally and taken directly from above in a way that it captures the entire firearm. The image shall encompass either of the following:
(A) If it is a long gun the image shall capture everything from the end of the barrel to the end of the stock; or
(B) If it is a handgun the image shall capture the handgun from the point furthest from the end of the barrel to the opposite end of the handgun; or
(C) If it is a receiver or frame only, the entire firearm shall be depicted.
(3) The other two digital images shall show the left side of the receiver or frame and the right side of the receiver or frame. These locations are typically where firearms are marked when manufacturing is complete.

(b) The Department shall request additional firearm(s) identifying information and digital image(s) if necessary to confirm that an applicant is compliant with state firearm laws. If the requested information or digital image(s) is not received within 30 calendar days of the applicant being notified of the request in CFARS, the application will not be processed.

Note: Authority cited: Section 29182, Penal Code. Reference: Section 29180, Penal Code.

HISTORY

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. New subsection (b) filed 1-28-2020; operative 1-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).

Article 8. Modifying the Firearm During the 30 Day Period After the Department Issues the Unique Serial Number

§5522. Modifying the Firearm During the 30 Day Period After the Department Issues the Unique Serial Number.

If the applicant wishes to make changes to the configuration of the firearm while the applicant is manufacturing or assembling the firearm, the applicant may do so as long as all changes are made within the 30-day period following the date the Department issued the unique serial number to the applicant. The applicant shall record all changes made to the firearm in the applicant's original unique serial number application in CFARS when reporting the firearm to the Department. The uploaded digital images shall reflect the final version of the firearm, including any changes that were made to it by the applicant.

Note: Authority cited: Section 29182, Penal Code. Reference: Sections: 29180 and 29182, Penal Code.

HISTORY

1. New article 8 (section 5522) and section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).