(all abbreviations refer to California Agencies or documents unless
otherwise stated)
1. |
What are California's licensing requirements for firearms dealers?
California firearms dealers must obtain and maintain the following:
a. |
A valid FFL, |
b. |
A valid Seller's Permit issued by the State Board of Equalization, |
c. |
A valid COE issued by the DOJ, |
d. |
Any regulatory business license, or licenses, required by local government, |
e. |
A local license granted by the duly constituted licensing authority,
valid for one year from the date of issuance, and in one of the following
forms:
1. |
In the form prescribed by the Attorney General; |
2. |
A regulatory or business license that states on its face, "Valid for
Retail Sales of Firearms" and endorsed by the signature of the issuing
authority; or |
3. |
A letter from the licensing authority stating that the jurisdiction
does not require any form of regulatory or business license or does not
otherwise restrict or regulate the sale of firearms. After obtaining
the above licenses, an Application for Centralized List and appropriate
fees are submitted to the DOJ. Upon approval of the application,
the dealer will be given a CFD number and placed on the Centralized List
of firearms dealers. |
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f. |
A listing on the DOJ Centralized List of Firearms Dealers. |
For more information on dealer licensing or to obtain an Application
for Centralized List of Firearms Dealers, contact the Firearms Licensing and Permits Unit at
(916) 227-3694.
(PC section 12071(a))
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2. |
How does a firearms dealer obtain a Large Capacity
Magazine Permit?
A DOJ-issued permit is required to import or export ammunition feeding
devices that have the capacity to accept more than 10 rounds. Permits
are issued, upon request, to licensed firearms dealers whose businesses
have a bona fide marketplace for the sale, import, or export of large capacity
ammunition feeding devices. To obtain an Application for Large Capacity
Magazine Permit (Form FD 050), call the Firearms Licensing and Permits
Unit at (916) 227-3694.
(PC section 12079)
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3. |
How much is the annual Centralized List fee and
when must it be paid?
The Centralized List annual renewal application and fee must be submitted
to the DOJ by January 31st of each year regardless of the date of initial
placement on the Centralized List. The Centralized List portion of
the annual fee is $20.00 per licensee at each dealership. There is
also an annual inspection fee of $95.00 per dealership location.
Dealerships located in jurisdictions that have a local firearms dealer
inspection program are exempt from the $95.00 inspection fee. Upon
request, a list of such jurisdictions is available from the DOJ.
(PC section 12071(f))
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4. |
What is a CFD number?
The CFD number is a unique number assigned by the DOJ to each firearms
dealer location in California that the DOJ recognizes as fully licensed
pursuant to PC Section 12071. The CFD number serves as the dealer's
identifier for submitting DROS information and for other business dealings
with the DOJ.
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5. |
Does my CFD number make my COE obsolete?
No. Your CFD number is assigned to your dealership location when
you are recorded on the Centralized List. The COE is your eligibility
clearance for firearms possession. You must have both as part your
firearms dealer licensing.
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6. |
Do copies of a dealer's FFLs and local firearms
license(s) need to be sent to the DOJ?
Yes. It is the dealer's ongoing responsibility to provide the
DOJ with current copies of all required licenses and to provide copies
of renewals within thirty days of a license's expiration date. A
dealer who fails to provide copies of renewals will be subject to removal
from the Centralized List and a $20.00 reinstatement fee.
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7. |
How is DROS information submitted?
The dealer collects the DROS information and documentation from the
purchaser and submits it to the DOJ through MCI utilizing a Point of Sale Device (PSD).
When the DROS is accepted, a unique DROS
number is assigned to the transaction and the required 10-day waiting period
begins.
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8. |
Can I use the personal computer in my store to submit
DROS information?
Possibly. All firearms dealers submit
DROS records via a secure dial-in connection directly to our current DROS
contractor, MCI World Com. Most firearms dealers have been provided computers by MCI; however, firearms dealers may use their own computers to submit DROS information providing they have obtained a magnetic stripe reader from MCI. Unfortunately, Macintosh
computers are not included at this time. Please call the MCI DROS
Service Center at 1-800-974-DROS (3767) for more information and to determine
if your PC meets the minimum configuration requirements.
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9. |
May I opt to report DROS transactions
via telephone reporting?
No. However if your DOJ/MCI-issued computer malfunctions, immediately contact the
MCI Service Center at 1-800-974-3767 to report the problem. You may
then use the operator-assisted telephone system temporarily until your
computer is repaired.
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10. |
How do I get copies of the blank DROS worksheet?
DROS forms are generated by the computer/printer used to submit firearm transaction information to the DOJ.
Blank copies of the DROS worksheet may be useful in limited circumstances, such as a computer malfunction.
Copies of the most current DROS worksheet may be downloaded and printed from this website's forms
page.
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11. |
What records of purchases must firearms dealers
maintain and how long must they be retained?
A computer-generated
hardcopy of the DROS information must be printed out when the DROS information
is transmitted and signed by the purchaser and dealer. Signed DROS
worksheets or computer printouts must be retained
by the dealer in consecutive order for three years.
(PC section 12076(c))
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12. |
Is a dealer required to give a copy of the DROS
information to the purchaser?
Upon request, the dealer must give the purchaser a copy of the signed
DROS record. In private party transactions, the seller is also entitled
to a copy of the DROS record upon request.
(PC section 12076(c))
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13. |
What are the signature requirements for the DROS
worksheets / computer printouts?
The purchaser must sign the DROS printout.
For private party transactions, the seller must also sign the printout.
The salesperson is required to sign as a witness to the purchaser's signature
and identification.
(PC section 12071(c)(1))
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14. |
What identification is required for a person to
purchase a firearm?
Clear evidence of identity and age is defined as a valid California
driver's license or a valid California Identification Card issued by the
DMV. Military identification is also acceptable if accompanied by
permanent duty station orders indicating a posting in California, but the
dealer must retain copies of both documents.
Temporary driver licenses and temporary identification cards (issued without photo) are not accepted forms of proof of identity and age.
(PC section 12071(c)(1))
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15. |
What happens if there is a problem with the purchaser's
driver's license?
If DROS information conflicts with the DMV driver license files or if
the license is suspended or invalid, the DOJ will cancel the transaction
and notify the firearms dealer. The purchaser should contact DMV
to correct or update information in DMV's files. Once the DMV problem
has been cleared, a new DROS may be initiated.
(PC section 12071(b)(3)(B))
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16. |
Is there a maximum number of handguns that a person
may purchase?
While no limitation exist for the number of handguns that a person may
own, a person is generally limited to making no more than one application
to purchase a handgun within any 30 day period. Handgun transactions
related to law enforcement, private party transfers, returns to owners,
and other specified circumstances are exempt from the one-handgun-per-30-day
restriction.
(PC section 12072(a)(9))
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17. |
What fees can I charge in addition to the DROS?
In addition to the State's $14 DROS fee, you must also charge a $1 Firearms Safety Testing fee and a $5.00 Safety and Enforcement fee. If the transaction being processed is
a dealer sale, consignment return, or return from pawn, you may impose
other charges as long as this amount is clearly shown as a "dealer fee"
and not misrepresented as a State fee.
(PC sections 12071(b)(11), (12))
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18. |
What fees can I charge for handling a Private Party
Transfer (PPT)?
If the transaction is a PPT, you are restricted to charging no more
than $20.00 in State fees described and $10.00 per firearm for conducting the PPT.
For example:
a. |
For a PPT involving one or more handguns, the total allowable fees
are $30.00 for the first handgun, and $26 for each subsequent handgun. |
b. |
For PPTs involving one or more long guns, the State fees are limited to $20.00 for the
whole transaction plus $10.00 dealer fee per firearm transferred. |
(PC section 12082)
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19. |
What are the HSC requirements?
Prior to the submission of DROS information for a handgun purchase,
each person purchasing a handgun must present an HSC or show
proof of exemption. The dealer must retain a copy of the HSC
exemption document attached to the DROS record.
(PC sections 12071, 12081)
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20. |
What is the waiting period for firearms purchasers?
The waiting period for the purchase or transfer of handguns and long
guns is ten (10) 24-hour periods from the date and time of the acceptance
of the DROS information by the DOJ and the assignment of the unique DROS
number.
(PC sections 12071, 12072)
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21. |
Who is exempt from the waiting period?
The most common exemptions to the 10-day waiting include:
a. |
California law enforcement officers are exempt from the waiting period
if they have a letter signed by the head of the agency or commanding officer,
stating they are full time paid peace officers authorized to carry a firearm
in the performance of their duties and authorizing the purchase.
The dealer must retain the original letter and attach it to the DROS record. |
b. |
Persons who have special weapons permits issued by DOJ are exempt.
The dealer must retain a copy of the permit and attach it to the DROS record.
Qualifying special weapons permits include:
1. |
Possession of Short-barreled Rifle/Shotgun, (PC Section 12095); |
2. |
Possession or Sales of Machine Guns (PC Section 12230, 12250); and |
3. |
Possession of Destructive Device (PC Section 12305). |
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c. |
Persons who have a curio and relic collector's license issued by the
BATF and who have a valid COE issued by the DOJ are exempt from the waiting
period only when purchasing curio and relic firearms. The dealer must retain
a copy of the FFL collector's license and the COE. |
d. |
Dealers transferring a handgun from inventory to their personal collection
are exempt from the waiting period but are still required to submit DROS
records for each handgun transferred. There are no DROS submission
or waiting period requirement for dealers transferring long guns to themselves
for personal use. The BATF's acquisition/disposition log requirements
still apply. |
(PC section 12078)
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22. |
How are dealers notified regarding DROS denials
and delays?
If the DOJ determines that a purchaser is ineligible to possess a firearm,
the DOJ will deny the sale. The dealer will be notified via telephone
not to deliver the firearm. A confirming letter will be sent via
the U.S. Mail, and a message via the PSD (for dealers who have a PSD).
When the DOJ is not able to immediately determine a purchaser's eligibility
to possess firearms, the dealer is notified as above to delay delivery
of the firearm. Once a determination is made, the dealer will be
notified as above to cancel the sale or to deliver the firearm.
(PC section 12076(d))
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23. |
Is there a maximum time frame after submission
of the DROS information during which a firearms dealer may release a firearm?
Yes. If a firearm purchaser does not take physical possession
of the firearm within 30 days of submission of the DROS information, the
dealer must cancel the sale and, if the firearm was a handgun, send the DOJ a cancellation form for that
transaction. If the purchaser still wants to take possession of the
firearm, the entire DROS process must be completed including payment of
DROS fees.
(PC section 12071(b))
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24. |
If a handgun purchase transaction is delayed by
the DOJ, how does it affect the delivery within 30-days restriction?
The 30-day delivery restriction begins upon notification from the DOJ
that the delay has been lifted and that the dealer is authorized to deliver
the handgun. The firearms dealer must retain all notifications and
correspondence.
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25. |
How do I handle the paperwork when a purchaser
returns a defective firearm?
If a firearm is brought to you for service or repair, you may return
it to the person who submitted it for repair without undergoing the DROS
process. If the firearm must be replaced, a new DROS is required.
There is an exemption from the one-handgun-per-month restriction for exchanged
handguns.
(PC section 12072 (a)(9)(xi))
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26. |
How can I correct or cancel a DROS submission?
If you need to report a handgun DROS correction or cancellation within
the 10-day waiting period, you may do so with the computer with which you submitted the DROS.
If you need to report a handgun DROS correction or cancellation after
the 10-day waiting period, you must fill out the DROS cancellation or correction
form and mail it to the DOJ.
In the event of a correction, only one handgun data field may be modified.
If additional fields require modification, the DROS must be canceled and
a new DROS submitted. A handgun DROS must also be canceled if the
transaction is not completed within 30 days. All correspondence and
documentation must be retained for three years for inspection purposes.
(PC section 12076(d)(5))
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27. |
What is required if a dealer closes a firearms
business?
The dealer must write a letter indicating the CFD and the effective
date of the closure to: DOJ Firearms Licensing and Permits Unit (FLPU),
P.O. Box 920200, Sacramento, CA 94203-0200. The dealer is required
to retain completed DROS forms for three years from the date of sale, after
which they may be destroyed. The dealer should contact the BATF for
federal requirements for closing a firearms business.
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28. |
What are the handgun safety testing requirements?
The DOJ certifies laboratories to test handguns. Effective January
1, 2001, no handgun may be sold, manufactured, etc., in California unless
it has been safety tested by a DOJ-certified laboratory, found to have
passed safety/reliability standards, and approved for sale by the DOJ.
Firearm manufacturers and importers, who wish to certify a handgun model
for sale or manufacture within California must submit three copies of the
handgun model directly to a DOJ-certified laboratory for testing.
Upon approval of the test report and payment of listing fees, the handgun
is listed on the DOJ Roster of Certified Handguns (RCH). The roster
lists qualifying handguns according to: make / model / caliber / barrel
length. A change in any one of the RCH categories is considered a
new model and requires a new certification.
Effective January 1, 2001, only handgun models listed on the RCH may
be manufactured, imported for sale, or sold in California. Exemptions
exist for private party and law enforcement transactions.
A listing of certified handgun models is currently available on this website. Listings are also available upon request by fax, and will periodically be sent as administrative messages to operators of Point of Sale Devices.
(PC section 12125, et seq.)
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29. |
What are the firearm warning label and safety device
requirements?
Each firearm sold by firearms dealers must
be accompanied by a child safety warning label.
DOJ standards for firearms safety devices have been in effect since January 1, 2001.
The DOJ has certified independent laboratories to test
safety devices for compliance with the adopted standards. Any manufacturer
of safety devices who wishes to have a particular device certified
for sale in California must submit the device to a DOJ-certified testing
laboratory. The DOJ-certified laboratory will test the device and
forward the test results to the DOJ. Subject to DOJ application and
fee requirements, qualifying devices may be approved by the DOJ for inclusion
on the Roster of Approved Safety Devices (RSD).
Effective January 1, 2002, no firearm may be sold in California unless:
a. |
It is sold with a DOJ-approved safety device listed on the RSD; or |
b. |
The purchaser can prove purchase of an approved device within 30 days
prior to taking delivery of the firearm, or |
c. |
The purchaser can prove that he/she owns a gun safe. |
(PC section 12087, et seq.)
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30. |
Are firearms dealers required to provide customers with anything upon DOJ's denial of a firearm transaction?
Yes. If the DOJ instructs a firearms dealer to cancel a firearms transaction, the firearms dealer is required to provide the prohibited individual with a Prohibited Persons Notice
Form and Power of Attorney for Firearms Transfer and Disposal.
(PC section 12071)
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31. |
Are firearms dealers required to provide the purchaser of a firearm with the California Firearms Laws pamphlet?
Yes. The firearms dealer shall offer to provide the purchaser, transferee, or person being loaned a firearm, with a copy of the California Firearms Law pamphlet. The cost of the pamphlet may be added to the sales price of the firearm. Pamphlets may be downloaded for free and are also available directly from the DOJ for a cost of $2.00.
(PC section 12071)
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32. |
Are firearms dealers required to capture the thumbprint on the DROS form for each firearm recipient?
Yes. The firearms dealer must require the firearm recipient to place his or her right thumbprint, in black ink, on the back of the DROS form. If the recipient is unable to comply, then the dealer should contact the DOJ at (916) 227-3703 for instructions.
(PC section 12077)
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33. |
What documentation is acceptable to demonstrate proof of residency for handgun purchasers?
Under Firearms Division policy and soon to be proposed in regulations, firearms dealers may accept any of the following:
- Utility bill reflecting services to a fixed place of residence. The utility bill must bear on its face both of the following:
- The name of the transferee
- Either the residential address declared on the DROS form or the address as it appears on the transferee's identification.
"Utility bill" means any bill by a utility company providing the transferee with direct and exclusive services to the transferee's physical residence whether by a physical connection (i.e., hard wired telephone connection, water or gas pipeline connections, physical gas/fuel delivery to premises) or a fixed antenna telemetry connection for non-mobile reception devices (i.e., radio/video telemetry services transmitted to antenna fixed to the residence).
- Residential lease that bears both of the following:
- The name of the transferee.
- Either the residential address declared by the transferee on the DROS form, or the address as it appears on the transferee's CDL or CID.
"Residential lease" means either: i) A signed and dated contract by which an individual (tenant) agrees to pay a specified sum for the right to occupy an abode for a specified period of time; or ii) A signed and dated rental agreement by which an individual (tenant) agrees to pay a specified sum at fixed intervals for the right to occupy an abode; or iii) A signed, notarized affidavit by a relative that the transferee resides at the relative's abode free of any monetary consideration.
- Property deed the bears both of the following:
- The name of the transferee.
- Either the residential address declared by the transferee on the DROS form, or the address as it appears on the transferee's CDL or CID.
A. "Property deed" means either: i) A copy of a deed of trust, bearing the pertinent county recorder's official seal, of the transferee's property of current residence, naming therein the transferee as a grantee of the trust; or ii) A Certificate of Title officiated and issued by a validly licensed Title Insurance Company bearing the name of the transferee as a title holder to the transferee's property of current residence.
- Government-issued (city, county, special district, state or federal) documentation that has all of the following - - This does not include a drivers license or DMV-issued ID card:
- The name of the transferee as it appears on the transferee's CDL or CID.
- The name of the transferee as the transferee declares on the DROS form.
- The residential address of the transferee as it appears on the transferee's CDL or CID or the address update attachment to the driver's license/identification card.
- The residential address of the transferee as the transferee declares on the DROS form.
- Examples of acceptable proof of residency pursuant to newly-proposed regulations:
- DMV registrations are NOW acceptable.
- Electricity, gas, cable bill from within the last 3 months.
- Signed, dated and notarized rental agreement/contract.
- Examples of documents that are NOT acceptable proof of residency:
- Hunting or fishing license (these documents are not issued by the government).
- Cellular phone bill.
- Pay stub.
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34. |
What proof of residency are peace officers required to provide to the firearms dealer?
Under Firearms Division policy and soon to be proposed in regulations, peace officers, including reserve and retired peace officers, may present valid credentials issued by their employing law enforcement agency in addition to their DMV ID in lieu of the other required residency documentation. This consideration is given to peace officers who do not want to provide documentation of their residence address for security reasons and who otherwise do not object to having their credentials copied by the firearms dealer for inclusion with the DROS record.
(PC section 12071)
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35. |
Can I require a prospective employee to obtain a PFEC as a condition of employment?
Penal Code section 12077.5(g) prohibits persons or agencies from requesting or requiring another person to obtain a PFEC. However, effective January 1, 2004, California Licensed Firearms dealers are authorized to require their employees to possess a Certificate of Eligibility as evidence that the employee is not prohibited from possessing firearms. (PC section 12077.5)
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36. |
What is an Employee COE?
The Employee COE is issued to persons who apply for a COE as employees of a licensed California firearms dealer, and are found to be lawfully eligible to possess firearms. A person who has an existing or non-employee COE may be associated with a licensed firearms dealer by the submission of a COE Report of Employment form. This form may also be used to notify the DOJ if an employee COE holder goes to work for a different firearms dealer. (PC section 12071)
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37. |
Is the Employee COE required of each employee?
No. The firearms dealer may choose whether or not to require each of his employees who has access to firearms to obtain a DOJ Employee COE. If the firearms dealer chooses not to require an Employee COE, then the employee does not need to obtain one unless he or she is required to under local licensing requirements. (PC section 12071)
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38. |
What is required to obtain an Employee COE?
Applicants must submit a completed application (FD 4008 rev. 11/2003), initial fees in the amount of $73, and two completed 10-print fingerprint cards (BID-7). Applicants who are applying for a COE as an employee or agent of a licensed firearms dealer must check the “employee” box and record the licensee’s California Firearms Dealer (CFD) number and dealership name on the application. For an application and fingerprint cards, please contact the Firearms Division at (916) 227-5367. A COE is valid for one year. The annual renewal fee is $17 and requires submission of the fee, and a completed application (FD 4008 rev. 11/2003). (PC section 12071)
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39. |
If I require my employee to obtain a COE, who is responsible for paying the $73 fee?
California law does not address the issue of who is responsible for COE fees. However, the DOJ will not process the COE application unless the fee is included with the application. Return to top
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40. |
May I charge sales tax on the DROS fees?
No. On January 1, 1999, the state Board of Equalization ruled that the DROS fees are not subject to retail sales tax. Firearms dealers licensed pursuant to Penal Code section 12071 shall not charge sales tax on the DROS fees.
Questions regarding firearms transfer fees can be directed to the DOJ through this website or by calling (916) 263-4887.
Questions regarding sales tax can be made to the California Board of Equalization at its website www.boe.ca.gov. Return to top
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