Process of buying a firearm
Age
Under Penal Code section 27510, a person must be age 21 or older to acquire a firearm from a dealer. There is an exception to people age 18 or older if 1) they have a valid, unexpired hunting license issued by the Department of Fish and Wildlife, and 2) they are acquiring a firearm that is not a handguard or a semiautomatic centerfire rifle.
Before January 1, 2020, people age 18 or older could acquire a semiautomatic centerfire rifle from a dealer if they had a valid, unexpired hunting license, but SB61 (2019) changed the law.
Frequency
Under Penal Code section 27535, a person can apply to buy a handgun once every 30 days. An application is starting the DROS process. So that means a person can do a handgun DROS once every 30 days.
(a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun or semiautomatic centerfire rifle where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun or semiautomatic centerfire rifle when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any handgun or semiautomatic centerfire rifle to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on July 1, 2021.
Document Requirements
To purchase a firearm in California, you must have 1) proof of identity under federal law, and 2) proof of identity under California law. If you are purchasing a handgun in California, you must also have 3) proof of residency under California law.
Federal proof of identity
Federal law regulates firearm purchases. California law regulates firearm purchases too. The federal laws do not replace or override California laws. California laws do not replace or override federal laws. For a single purchase, both federal law and California law must be followed.
The federal law that regulates firearm purchases is Title 18 of the United States Code, section 922, subdivision (t), paragraph (1), usually abbreviated 18 USC 922(t)(1). This law was created by the Brady Act and instituted background checks. You can read Title 18 at https://uscode.house.gov/download/download.shtml
18 USC 922(t)(1) says:
Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless--
(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;
(B)(i) the system provides the licensee with a unique identification number; or(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and
(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee**.**
So to transfer a firearm under federal law, an FFL must see a valid identification document that has a photo, which is commonly called "proof of identity."
18 USC 1028(d)(3) defines:the term “identification document” means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State**,** a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;
So proof of identity under federal law is a government-issued document.
The ATF regulation is Title 27 of the Code of Federal Regulations, section 478.11. You can access the CFR online at https://regulations.atf.gov/478-11/2019-24301#478-11
27 CFR 478.11 further defines an identification document as: A document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
So proof of identity under federal law is a government-issued document with name, address, date of birth, and photo.
There is also ATF Ruling 2001-5 available at https://www.atf.gov/file/83651/download
It says:
It is ATF's position that a combination of documents may be used to satisfy the Brady Act's requirement for an identification document. The prospective transferee must present at least one valid document that meets the statutory definition of an identification document; i.e., it must bear the transferee's name and photograph, it must have been issued by a governmental entity, and it must be of a type intended or commonly accepted for identification purposes. ATF recognizes, however, that some valid government-issued identification documents do not include the bearer's current residence address. Such an identification document may be supplemented with another valid government-issued document that contains the necessary information.
Thus, for example, a licensee may accept a valid driver's license that accurately reflects the purchaser's name, date of birth, and photograph, along with a vehicle registration issued by the State indicating the transferee's current address. Licensees should note that if the law of the State that issued the driver's license provides that the driver's license is invalid due to any reason (i.e., the license is expired or is no longer valid due to an unreported change of address), then the driver's license may not be used for identification purposes under the Brady Act. If a licensee has reasonable cause to question the validity of an identification document, he or she should not proceed with the transfer until those questions can be resolved.
So ATF has said that a combination of government-issued documents may be used for proof of identity under federal law. ATF has said if the photo ID does not have the current address, another government-issued document with address in combination with the photo ID will satisfy proof of identity under federal law.
For Californians with a driver license that doesn't have a current address, another government-issued document with a current address will in combination be proof of identity under federal law. Easily obtainable government-issued documents with current addresses are car registration from California DMV, a H-6 driving record from California DMV, voter registration confirmation from the county Registrar of Voters, or a utility bill from a government-owned utility. Los Angeles's Department of Water and Power, the Sacramento Municipal Utility District, the Imperial Irrigation District, and the San Francisco Public Utilities Commission are examples of government-owned utilities. PG&E, SDG&E, SoCal Edison, and SoCal Gas, are all examples of privately-owned utilities.
That's it for proof of identity under federal law.
California proof of identity for all firearm purchases
California law has requirements for firearm purchases. California law may use the same terms as federal law, but California law IS NOT THE SAME as federal law.
First, California law requires proof of identity for any firearm purchase.
California Penal Code section 27540, available at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27540.&lawCode=PEN says:
A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows:
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
Penal Code section 16400 defines "clear evidence of the person's identity and age." You can read it at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=16400. It says:
As used in this part, “clear evidence of the person’s identity and age” means either of the following:
(a) A valid California driver’s license.
(b) A valid California identification card issued by the Department of Motor Vehicles.
So proof of identity under California law, not under federal law, is only a California driver's license or a California ID card.
The California Department of Justice regulations, which are at Title 11 of the California Code of Regulations, section 4045.1, abbreviated 11 CCR 4045.1. You can read it here. The regulations ask for additional documents if a person has a federal non-compliant California driver license or identification card which will have the words "FEDERAL LIMITS APPLY". Those documents will prove lawful presence in the United States.
California proof of residency for handgun acquisitions
Second, California law requires proof of residency for handgun purchases.
Penal Code section 26845, which you can read at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26845.&lawCode=PEN says:
(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.
(b) Satisfactory documentation shall include a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice.
Title 11 of the California Code of Regulations, section 4045, abbreviated 11 CCR 4045, defines all of the terms used in PC26845, including "other evidence of residency."
11 CCR 4045, readable here says:
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:
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.
So for handgun purchases, California requires proof of residency. There is a list of documents that are acceptable for proof of residency. The documents should be dated in some way. Like a utility bill from the previous three months. Or a yearly lease. A month-to-month lease doesn't have a fixed date on it. I like using my FFL03 license because it's government-issued and has a specified period of validity and has my name and address. And I always have my FFL03 handy at gun stores because it's useful for so many other things.
The California DOJ provides a list of examples of what is acceptable for proof of residency and what is not acceptable for proof of residency at https://oag.ca.gov/firearms/dlrfaqs#14G
A "brown card" from the California Department of Motor Vehicle, DMV form DL 43, is given at DMV offices to people who change their address on record from what is listed on the hard plastic license. It is common for the DMV employee to stamp a date on it. But a "brown card" does not have an expiration date.
A cell phone bill is not a utility bill. A cell phone is not over a physical connection or at a fixed location.
An insurance bill is not anywhere in what is listed as acceptable for proof of residency. A W-2 is not listed. A tax return is not listed. A pay stub is not listed. An insurance card is not listed.
A voter registration confirmation card is issued by county government. It does not have an expiration date.
So to repeat, 1) federal proof of identity, 2) California proof of identity, and 3) California proof of residency. I use a REAL ID-compliant ID card and a FFL03 license to satisfy all three.
67 Ops. Cal. Atty. Gen. 313 doesn't apply, as AB37 (1991) amended Vehicle Code section 12505, so that "This bill would provide that residency, for these purposes, is determined as a person's state of domicile, and would define “state of domicile.” The bill would specify factors which constitute prima facie evidence of residency."