Cal. Code Regs., tit. 11

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.

Chapter 2 Centralized List of Firearm Dealers. 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.

Chapter 2 Centralized List of Firearm Dealers. 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.

Chapter 3 Certificates of Eligibility. 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.