California Code of Regulations
Title 11, Chapter 13.
Department of Justice Regulations on Non-Dealer Sales or Transfers of Firearms Through
Licensees or Dealers and Issuance of Certificates of Eligibility Pursuant to Penal Code Sections 12070, 12071,
12071.1, and 12082
Article 1. General
§ 980. Scope.
The provisions of these regulations apply to sales and other transfers of firearms, as defined in subdivision (a) of section 981, by individuals through dealers pursuant to Penal Code
section 12082, and to the issuance of Certificates of Eligibility by the Department of Justice
to persons described in Penal Code Sections 12070, 12071, and 12071.1.
NOTE
Authority cited: Sections 12070, 12071, 12071.1 and 12082, Penal Code.
Reference: Sections 12001, 12070, 12071, 12071.1, 12072 and 12082,
Penal Code.
HISTORY 1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14). 2. Amendment of chapter heading, new article 1, amendment of section and
repealer and new NOTE filed 8-2-94; operative 9-1-94 (Register 94, No.
31). 3. Editorial correction of chapter heading (Register 97, No. 3).
Article 2. Definitions
§ 981. Definition of Key Terms.
(a) The term "firearm" means any firearm within the definition of Penal Code section
12001.
(b) The term "dealer" means a person having a valid license to sell firearms issued
pursuant to Penal Code section 12071.
(c) The term "section 12082 transaction" means the transfer of a firearm as provided in
Penal Code section 12082.
(d) The term "transferor" means any person who wishes to sell or otherwise transfer a
firearm through a dealer pursuant to Penal Code section12082.
(e) The term "transferee" means any person who wishes to acquire a firearm in a
transaction pursuant to Penal Code section 12082.
(f) The term "personal information" means personal information as defined in Civil Code
section 1798.3.
(g) The term "Department" means the Department of Justice of the State of California.
(h) The term "Certificate of Eligibility" means a certificate which states that the
Department has checked its records and determined that the applicant is not prohibited
from acquiring or possessing firearms pursuant to Sections 12021 and 12021.1 of the
Penal Code, and Sections 8100 and 8103 of the Welfare and Institutions Code, or Title
27, Part 178.32 of the Code of Federal Regulations at the time the check was
performed.
(i) The term "applicant" means a person applying to obtain a Certificate of Eligibility.
NOTE cited: Sections 12070, 12071, 12071.1 and 12082, Penal Code.
Reference: Sections 12001, 12021, 12021.1, 12070, 12071, 12071.1,
12072 and 12082, Penal Code; Sections 8100 and 8103, Welfare and
Institutions Codes; Section 1798.3, Civil Code; and Title 27, Part 178,
Subchapters 32 and 41, Code of Federal Regulations.
HISTORY 1. Renumbering of former subchapter 13 (section 981) to subchapter 1.5 (section 20), and new section filed 4-2-90; operative 5-2-90 (Register 90,
No. 14). For prior history, see Register 87, No. 15. 2. New article 2,
amendment of subsections (a)-(e), new subsections (g)-(i) and repealer and
new NOTE filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
Article 3. Transfers
§ 982. Transfers of Concealable Firearms.
Except as provided in Penal Code Sections 12078 and 12084, no person shall sell, lease or
transfer any firearm to a person who is not a dealer unless the transaction is processed by a
dealer pursuant to Penal Code Section 12082.
NOTE cited: Sections 12072 and 12082, Penal Code. Reference:
Sections 12071, 12072, 12078, 12082 and 12084, Penal Code.
HISTORY 1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14). 2. New article 3, amendment of section and repealer and new NOTE filed
8-2-94; operative 9-1-94 (Register 94, No. 31).
§ 982.1. Criteria for Processing Section 12082 Transactions.
(a) All dealers shall process a section 12082 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 section 12082, a dealer shall process a
section 12082 transaction in the same manner as if it were a dealer retail sale.
NOTE cited: Section 12082, Penal Code. Reference: Section 12071,
12072, 12073, 12076 and 12077, Penal Code.
HISTORY 1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
§ 982.2. Dealer Fees.
All dealers shall display on the business premises where it can easily be seen, a schedule of
fees for processing Section 12082 transactions and, prior to processing, the dealer shall
notify the parties of the specific fee(s) to be charged for the transaction. The dealer may also
require payment of all fees prior to initiating a section 12082 transaction.
NOTE cited: Section 12082, Penal Code. Reference: Section 12082,
Penal Code.
HISTORY 1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
§ 982.3. Confidentiality of Records.
Except as otherwise provided in Penal Code sections 12076 and 12077, personal
information obtained by dealers in compliance with those sections is confidential and shall
not be disclosed by the dealer except in the manner provided in Civil Code section 1798.24
for the disclosure of personal information by government agencies.
NOTE cited: Section 12082, Penal Code. Reference: Section 1798.24,
Civil Code.
HISTORY 1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
Article 4. Certificate of Eligibility
§ 983. 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 12021,
12021.1, or Welfare and Institutions Code Sections 8100 or 8103, or Title 27, Part
178.32 of the Code of Federal Regulations.
NOTE cited: Sections 12070, 12071 and 12071.1, Penal Code.
Reference: Sections 12021, 12021.1, 12070, 12071, 12071.1 and 12072,
Penal Code; Sections 8100 and 8103, Welfare and Institutions Codes; and
Title 27, Part 178.32, Code of Federal Regulations.
HISTORY 1. New article 4 and section filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
§ 983.1. Application for Certificate of Eligibility.
(a) Applicant shall complete and submit an application form prescribed by the Department
which will require the following information: Name, address, date of birth, driver's
license number, telephone number; business information, if applicable, to include
business name, primary business address, and business telephone number. The
application shall also require additional information requesting responses to questions
asking the applicant if he or she: 1) has ever been convicted of a felony or an offense
specified in Penal Code Sections 12021, 12021.1, or 12001.6; 2) is a mental patient or
on leave of absence from a mental hospital; 3) has ever been adjudicated by a court to
be a danger to others, found not guilty by reason of insanity of any crime, or found
incompetent to stand trial for any crime, pursuant to Section 8103 of the Welfare and
Institutions Code; or 4) is currently under a restraining order.
(b) Applicant shall also submit two current Department fingerprint cards (Form BID-7),
with complete sets of fingerprints prepared by the Department, or any other agency
which is qualified to provide fingerprinting services. For this purpose the Department
shall make applicant fingerprint cards available to local law enforcement agencies at
no charge. This subsection does not apply to applications for renewal of a Certificate
of Eligibility.
(c) Applicant shall submit the appropriate Certificate of Eligibility fees as set forth in
subdivision (b) of Section 984.1.
NOTE cited: Sections 11105(i), 12070, 12071 and 12071.1, Penal
Code. Reference: Sections 12021, 12021.1, 12070, 12071, 12071.1 and
12072, Penal Code; and Sections 8100 and 8103, Welfare and Institutions
Codes; and Title 27, Part 178, Code of Federal Regulations.
HISTORY 1. New section filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
§ 983.2. Processing Time.
(a) The following time standards apply to the processing of applications for Certificates of
Eligibility:
(1) Within 30 days after the date of receipt of an initial or renewal application, the
Department shall either inform the applicant, in writing, that the application is
complete and accepted for processing, or return the applications as deficient and
specify what information is required.
(2) (A) Within 120 days from the date of receipt of a completed application for an
initial Certificate of Eligibility, the Department shall conclude the
processing of the application.
(B) Within 60 days from the date of receipt of a completed application for a
renewal of a Certificate of Eligibility, the Department shall conclude the
processing of the application.
(b) (1) The Department's minimum, median, and maximum times for processing an
initial application, from the date of receipt of a completed application to the final
determination are:
(A) Minimum time:30 days
(B) Median time:75 days
(C) Maximum time:120 days
(2) The Department's minimum, median, and maximum times for processing a
renewal application, from the date of receipt of a completed application to the
final determination, are:
(A) Minimum time:20 days
(B) Median time:40 days
(C) Maximum time:60 days
(c) If the Department fails to meet the time period for the processing of an initial or a
renewal certificate, the applicant, within 30 days of the final decision granting or
denying the application, may apply in writing for a full reimbursement of all application
fees. The Department shall respond within 10 days of receipt of a request for
reimbursement; and, if the reimbursement is denied by the Department, the applicant
may directly appeal the denial, in writing, to the Attorney General. The appeal shall set
forth a concise statement of facts and chronology of events regarding the application.
An appeal concerning an application on which reimbursement is denied must be filed
within 30 days of the date the applicant was notified of the denial. The appeal shall
promptly be reviewed and a decision shall issue within 30 days after conducting any
investigation of the matter which the Attorney General deems appropriate. This appeal
shall be decided in the applicant's favor if the Department has exceeded its maximum
time period for the issuance or denial of the certificate and the Department has failed
to establish good cause for exceeding this time period. The Department shall include
the information regarding this appeal process on all Certificate applications.
NOTE cited: Sections 15376 and 15378, Government Code. Reference:
Sections 15376 and 15378, Government Code.
HISTORY 1. New section filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
§ 984. Term of Certificate of Eligibility.
The term of a Certificate of Eligibility shall not exceed one year from the date issued.
NOTE cited: Sections 12070, 12071 and 12071.1, Penal Code.
Reference: Sections 12070, 12071 and 12071.1, Penal Code.
HISTORY 1. New section filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
§ 984.1. Fees.
(a) Each application for a Certificate of Eligibility shall be accompanied by appropriate
fees or the application will be returned immediately to the applicant unprocessed.
(b) The appropriate fees are as follows:
(1) Initial Application. Basic processing fee is $17.00 plus a $32.00 fingerprint card
processing fee.
(2) Renewal Application. Basic processing fee is $17.00.
NOTE cited: Sections 12070, 12071 and 12071.1, Penal Code.
Reference: Sections 12070, 12071 and 12071.1, Penal Code.
HISTORY 1. New section filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
§ 985. Applicant Denial Review Process.
Upon the denial of an application, the applicant may seek review of the records upon which
the denial was based pursuant to Penal Code Sections 11121 and may seek to have those
records changed pursuant to Penal Code Sections 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 without additional charge.
NOTE cited: Sections 12070, 12071 and 12071.1, Penal Code.
Reference: Sections 11121, 11126, 12070, 12071 and 12071.1, Penal
Code.
HISTORY 1. New section filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
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