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FREQUENTLY ASKED QUESTIONS - FIREARMS SAFETY DEVICES

(all abbreviations refer to California Agencies or documents unless otherwise stated)



QUESTIONS AND ANSWERS

  1. Does the DOJ-approved Firearms Safety Device (FSD) requirement apply to a firearm that is returned from pawn or consignment?
  2. May a firearms dealer refuse a Private Party Transfer if the firearm does not include a DOJ-approved FSD?
  3. If a customer purchases a DOJ-approved FSD at the same time he or she purchases a firearm, should the dealer allow the customer to take possession of the FSD before releasing the firearm?
  4. Is presentation of a receipt always required when a person signs the Affidavit Stating Ownership of a DOJ-approved lock box?
  5. When must a lock box affidavit be completed?
  6. How does a dealer or purchaser know which FSD is appropriate for the firearm being purchased?


 
1. Does the DOJ-approved Firearms Safety Device (FSD) requirement apply to a firearm that is returned from pawn or consignment?

No. The return of a pawned or consigned firearm to the person who pawned or consigned it is not subject to FSD requirements.  

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2. May a firearms dealer refuse a Private Party Transfer if the firearm does not include a DOJ-approved FSD?

No. Under California Law (Penal Code section 12082), a firearms dealer may not refuse to conduct a private party transfer. However, private parties must demonstrate compliance with the FSD requirements before the firearms dealer may deliver the firearm. If the purchaser is unable to demonstrate compliance with the FSD requirement, the firearm should be returned to the seller.

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3. If a customer purchases a DOJ-approved FSD at the same time he or she purchases a firearm, should the dealer allow the customer to take possession of the FSD before releasing the firearm?

No. We recommend that firearms dealers withold delivery of the DOJ-approved FSD until the time that the firearm is released to the purchaser/transferee. Otherwise, if the DROS process were delayed beyond 30 days the customer would be required to purchase an additional DOJ-approved FSD.

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4. Is presentation of a receipt always required when a person signs the affidavit stating ownership of a DOJ-approved lock box?

Yes. If the firearm recipient claims an exception to the FSD requirement due to ownership of a DOJ-approved lock box, a receipt for the DOJ-approved lock box will be required in all circumstances.

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5. When must a lock box affidavit be completed?

An affidavit is not needed if (1) the lock box is purchased at the same time as the firearm or (2) the firearm is delivered within 30 days of the date on the lock box receipt and the lock box is presented at the time of delivery. For subsequent purchases, the recipient must sign a lock box affidavit and provide a receipt for the lock box; however in this case the date of the receipt does not matter and the lock box does not need to be presented.

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6. How does a dealer or purchaser know which FSD is appropriate for the firearm being purchased?

The manufacturer of a DOJ-approved FSD has the option of providing a listing of specific firearms that can be used with the FSD and/or a generic description (e.g., "pistols and revolvers with a trigger guard up to 2" inches long and up to 1 7/8" wide") of firearms with which the FSD can be properly utilized. A firearm model either needs to be listed on the FSD manufacturer's list (if provided) or meet the generic description (if provided) to be considered to be compatible with that device.

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