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.

Chapter 3 Certificates of Eligibility. 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.

§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.

==&sectl4039. 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.

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