Return to the Attorney General Home Page   Firearms Logo
OFFICE OF THE AG PROGRAMS & SERVICES NEWS & ALERTS PUBLICATIONS CONTACT US SEARCH
REGISTERING WITH US CAREER OPPORTUNITIES LINKS TO STATE SITES


 
Firearms Division
Dangerous Weapons Control Laws
Roster of Handguns Certified for Sale
Roster of Firearm Safety Devices Certified for Sale
Forms and Publications
Current and Proposed Regulations
Feedback and Questions

Firearms Division Programs & Services


FREQUENTLY ASKED QUESTIONS - PUBLIC



Common Abbreviations
 
 
BATF Bureau of Alcohol, Tobacco, & Firearms
HSC Handgun Safety Certificate
CCW Carry Concealed Weapon
COE  Certificate of Eligibility
DMV Department of Motor Vehicles
DOJ California Department of Justice
DROS Dealer Record Of Sale
FFL Federal Firearms License (federal)
FD Firearms Division
MCI MCI WorldCom, Communications Vendor, Facilitates DROS Transmittals to DOJ
PC Penal Code

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



QUESTIONS AND ANSWERS

  1. Where do I find information on laws regarding the possession of firearms (excluding assault weapons)?
  2. What is the process for purchasing a firearm in California?
  3. How can I obtain a Carry Concealed Weapon CCW license?
  4. Can I give a firearm to my adult child?  Can he/she give it back to me later?
  5. Can I give a firearm to my spouse?  Can he/she give it back to me later?
  6. Is there a limit on the number of handguns that I can own or purchase?
  7. Am I required by law to store my firearms where children cannot access them?
  8. If I have a large-capacity magazine, do I need to get rid of it?
  9. What are the restrictions on firearms possession?
  10. May I carry a concealed firearm in California?
  11. I live in another state and have a permit to carry a concealed handgun that was issued in my home state.  Does my permit allow me to carry a concealed handgun while in California?
  12. How much is the Dealer's Record of Sale (DROS) fee?
  13. I want to sell a gun to another person, i.e., a private party transfer.  Am I required to conduct the transaction through a licensed California firearms dealer?
  14. My firearm purchase was denied by the DOJ and the dealer won't tell me why.  How do I find out the reason for the denial?
  15. Does California law permit the use of a temporary license as a form of identification for firearm purchases?
  16. Under California law, can my driving record prevent me from purchasing a firearm?
  17. Are there any exemptions to the waiting period?
  18. Is the dealer required to give me a copy of the DROS information when I purchase a firearm?
  19. Is there a maximum time limit for me to pick up a gun after the dealer submits the DROS information?
  20. What are the Handgun Safety Certificate (HSC) requirements?
  21. How do I get an HSC?
  22. If I lose my HSC, can I get it replaced.
  23. I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols.  Does the one-handgun-per-30-day restriction apply?
  24. I am moving into California and I own several handguns.  What are the new-resident registration requirements?
  25. How do I know if my firearms need to be registered?
  26. Can I get a list of the firearms for which I am listed as the purchaser, transferee, or owner?
  27. Am I required to inform the DOJ if I have disposed of a firearm?
  28. How is the waiting period for firearm purchases calculated?
  29. I’m not sure whether I can legally possess and/or purchase firearms. Is there a way to find out before I attempt to purchase one?
  30. I’ve been working in a firearms store for several years. My duties include showing potential buyers various types of firearms. My employer recently told me I have to get a COE. Does he have a right to require that?
  31. Am I supposed to pay sales tax on the DROS fee when I purchase a firearm?

 


 
1. Where do I find information on laws regarding the possession of firearms (excluding assault weapons)?

The Dangerous Weapon Control Laws are found in the Penal Code beginning at Section 12000.  These laws define the various types of dangerous weapons, including firearms, and restrictions and crimes relating to their manufacture, sale, possession and transportation.  PC Sections of special interest include 12001 (definitions), 12025 (carrying concealed), 12026 (possession at home/private property), 12031 (carrying loaded), and 12035-36 (firearms storage / access by children). 

The DOJ's guide to California Firearms Laws may be downloaded from this website. 

Return to top
 

2. What is the process for purchasing a firearm in California?

All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process.  California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee.  A person must be at least 18 years of age to purchase a rifle or shotgun.  To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles.  A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).  

(PC Section 12071) 

Return to top
 

3. How can I obtain a Carry Concealed Weapon (CCW) license?

Contact your county's Sheriff's Office or, if you are a resident of an incorporated city, your city's Police Department, for information on obtaining a CCW license.  They can answer your questions and provide you with copies of their CCW policy statement and the State's Standardized CCW Application.  If you live within a jurisdiction of a city Police Department, you may apply to the county Sheriff's Office for a CCW license.  However, only residents of a city may apply to a city's Police Department for a CCW license.

California law does not recognize CCW licenses issued in other states. 

(PC Section 12050) 

Return to top
 

4. Can I give a firearm to my adult child?  Can he/she give it back to me later?

Yes, as long as the adult child receiving the firearm is not in a prohibited category and the firearm is a legal firearm to possess, the transfer of a firearm between a  parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement.  However, if the firearm is a handgun, you must submit an Operation of Law form and $14 fee to the DOJ within 30 days.  Assault weapons may not be transferred in this fashion.  See Penal Code section 12285, subdivision (b).

(PC section 12076(c)) 

Return to top
 

5. Can I give a firearm to my spouse?  Can he/she give it back to me later?

Yes, as long as the person receiving the firearm is not in a prohibited category and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife is exempt from the requirement to use a licensed dealer to perform the transfer.  However, if the firearm is a handgun, the recipient must submit an Operation of Law form and $14 fee to the DOJ within 30 days. 

(PC sections 12076(f), 12078(i)) 

Return to top
 

6. Is there a limit on the number of handguns that I can own or purchase?

While no limitation exists for the number of handguns that you may own, you are generally limited to purchasing no more than one handgun in any 30-day period. 

Handgun transactions related to law enforcement, private party transfers, returns to owners, and certain other specific circumstances are exempt from the one-handgun-per-30-day limit. 

(PC section 12072(a)(9)) 

Return to top
 

7. Am I required by law to store my firearms where children cannot access them?

Yes.  In most cases, if you keep any loaded firearm within any premise which is under your custody or control and know or reasonably should know that a child (person under 18 years of age) is likely to gain access to the firearm, you may be guilty of a felony if a child gains access to that firearm and thereby causes death or injury to any person unless the firearm was in a secure locked container or locked with a locking device that rendered it inoperable. 

(PC Section 12035-12036) 

Return to top
 

8. If I have a large-capacity magazine, do I need to get rid of it?

No.  Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited.  However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers. 

(PC Section 12020 (b)(19-29)) 

Return to top
 

9. What are the restrictions on firearms possession?

Any person who has a conviction for any misdemeanor listed in Penal Code section 12021(c)(1) or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code Section 8103 is prohibited from buying, owning, or possessing firearms.  Various other prohibitions exist for mental conditions, domestic restraining/protective orders, conditions of probation, and offenses committed as a juvenile.  

PC Sections 12021 and 12021.1, Welfare and Institutions Code Sections 8100 - 8103) 

Return to top
 

10. May I carry a concealed firearm in California?

Except in extremely limited circumstances, you may not carry a concealed firearm on your person in public unless you have a valid CCW license.  CCW permits are issued only by a county sheriff to residents of the county, or by the head of a city police department to residents of that city. 

(PC Sections 12025-12031, 12050-12054) 

Return to top
 

11. I live in another state and have a permit to carry a concealed handgun that was issued in my home state.  Does my permit allow me to carry a concealed handgun while in California?

No.  Weapons permits from other states are not valid in California.

(PC Sections 12025-12031)

Return to top
 

12. How much is the Dealer's Record of Sale (DROS) fee?

The State's DROS fee is $14.00 which covers the costs of the background checks and transfer registry.  There is also a required $1.00 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, the dealer may impose other charges as long as this amount is clearly shown as a "dealer fee" and not misrepresented as a state fee.  In the event of a private party transfer, the firearms dealer may additionally charge a fee of $10 per firearm transferred. 

When settling on the purchase price of a firearm and before completing the transaction, you may want to ask the dealer to disclose and identify any and all fees he/she is charging to complete the transaction. 

(PC Sections 12076, 12082, and 12806) 

Return to top
 

13. I want to sell a gun to another person, i.e., a private party transfer.  Am I required to conduct the transaction through a licensed California firearms dealer?

Yes.  Firearm sales must be conducted through a fully licensed California firearms dealer.  Failure to do so is a violation of California law.  The buyer (and seller, in the event that the  buyer is denied), must meet the normal firearm purchase and delivery requirements.  "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement. 

Firearms dealers are required to process private party transfers upon request.  Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer.  Example: 
 
a. For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $30.00 for the first handgun and $26.00 for each additional handgun involved in the same transaction
b. For private party transfers involving one or more long guns, or a private party transfer involving one handgun and one or more long guns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $30.00.  The dealer may charge an additional dealer-service fee of $10.00 per each additional firearm transferred.

(PC section 12072(d)) 

Return to top
 

14. My firearm purchase was denied by the DOJ and the dealer won't tell me why.  How do I find out the reason for the denial?

Contact the Firearms Division's Denial Review Unit at (916) 227-3749 and have a copy of your DROS form handy. 

Return to top
 

15. Does California law permit the use of a temporary license as a form of identification for firearm purchases?

Neither temporary driver's licenses nor temporary identification cards are accepted forms of proof of identity and age. 

(PC Section 12071 (c)(1)). 

Return to top
 

16. Under California law, can my driving record prevent me from purchasing a firearm?

Yes.  If you have a conviction for a firearms-prohibiting offense, such as felony drunk driving, your driving record would affect your ability to purchase a firearm.  Furthermore, your driver's license must be valid.  A suspension, an outstanding ticket, or fine may cause your license to be invalid. 

Return to top
 

17. Are there any exemptions to the waiting period?

For most people - no.  However certain exemptions do exist for the following:
 
a. Full-time, paid California law enforcement officers are exempt if they have the required letter signed by the head of the agency or commanding officer.  The dealer will keep the signed, original letter.
b. Firearms dealers and persons who have obtained special weapons permits issued by DOJ are exempt from the waiting period. 
c. Persons with curio and relic collector's licenses issued by the BATF and who have a valid Certificate of Eligibility issued by the DOJ are exempt from the waiting period only when purchasing curio and relic firearms. 

(PC sections 12078 (a)(r)(t)) 

Return to top
 

18. Is the dealer required to give me a copy of the DROS information when I purchase a firearm?

Upon request, the dealer must give you a copy of the DROS application.  In private party transactions, the seller is also entitled to a copy of the DROS application upon request. 

(PC sections 12076(b)) 

Return to top
 

19.  Is there a maximum time limit for me to pick up a gun after the dealer submits the DROS information?

Yes.  If you do not take physical possession of the firearm within 30 days of submission of the DROS information, the dealer must cancel the sale.  If you still want to take possession of the firearm, you must repeat the entire DROS process, including payment of DROS fees. 

(PC sections 12071, 12072) 

Return to top
 

20. What are the Handgun Safety Certificate (HSC) requirements?

Prior to the submission of DROS information for a handgun purchase, individuals purchasing handguns must present an HSC or provide the dealer with proof of exemption pursuant to California Penal Code Section 12081. 

(PC sections 12071, 12081) 

Return to top
 

21. How do I get an HSC?

You may obtain an HSC by passing the DOJ HSC test administered by a DOJ Certified Instructor.

(PC sections 12800 - 12809) 

Return to top
 

22. If I lose my HSC, can I get it replaced?

Possibly.  The HSC Instructor who issued your original HSC is required to issue you a duplicate HSC and may charge no more than $15 for issuance of such duplicate.  If you are unable to locate the instructor who issued the original HSC, you will need to obtain a new HSC by retaking and passing the HSC test and paying $25.

Return to top
 

23. I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols.  Does the one-handgun-per-30-day restriction apply?

No.  If you possess a valid federal Curio & Relics Collector's license and a valid California Certificate of Eligibility, you are exempt from the one-handgun-per-30-day restriction. 

(PC section 12072(a)(9)(x)) 

Return to top
 

24. I am moving into California and I own several handguns.  What are the new-resident registration requirements?

You are considered to be a personal handgun importer as defined by California law.  You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the DOJ New Resident Report of Handgun Ownership.  You are not required to report rifles or shotguns.  You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California. 

(PC sections 12001(n), 12072(f)(2)) 

Return to top
 

25. How do I know if my firearms need to be registered?

There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers.  However, you may submit a voluntary registration form to the DOJ for any firearm you own.  Having a voluntary registration on file with the DOJ may help in the return of your firearm if it is lost or stolen.  With very few and specific exceptions, a DROS is required on all firearm transactions.

Return to top
 

26. Can I get a list of the firearms for which I am listed as the purchaser, transferee, or owner?

Yes.  To obtain a list of firearms listed in your name, send a letter requesting this information to the Automated Firearms Unit, P.O. Box 820200, Sacramento, CA 94203-0200.  The letter must be signed, notarized, and include a photocopy of your photo ID card (ie., driver's license or DMV ID). 

Return to top
 

27. Am I required to inform the DOJ if I have disposed of a firearm? 

If you have disposed of a firearm, you may (but are not required to) submit a Notice of No Longer in Possession form to have the firearm removed from your name. 

Return to top
 

28. How is the waiting period for firearm purchases calculated?

The waiting period for the purchase or transfer of a firearm is ten (10) 24-hour periods from the date and time of the submission of the DROS information to the DOJ. 

Return to top
 

29. I’m not sure whether I can legally possess and/or purchase firearms. Is there a way to find out before I attempt to purchase one?

Yes. You may request the Department of Justice to conduct a firearms eligibility background check by submitting a Personal Firearms Eligibility Check (PFEC) application to the Department of Justice. For more information about how to request a PFEC, please visit our PFEC FAQ section. Applications are also available through your local firearms dealer.

Return to top
 

30. I’ve been working in a firearms store for several years. My duties include showing potential buyers various types of firearms. My employer recently told me I have to get a COE. Does he have a right to require that?

Yes. Effective January 1, 2004, licensed firearms dealers may require employees who handle, deliver or sell firearms to obtain a Certificate of Eligibility from the Department of Justice. Upon application, a firearms eligibility check will be conducted to determine whether the applicant is eligible to lawfully possess firearms. If so, the applicant is issued a COE. A copy of the COE must be provided to the employer by the Employee COE holder, and must be renewed annually, as required by the licensee. For more information, please see the Firearm Dealer FAQs.

Return to top
 

31. Does sales tax apply to the DROS fees?

No. The DROS fees are not subject to sales tax. 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
 

Attorney General Logo OFFICE OF THE AG | PROGRAMS & SERVICES | NEWS & ALERTS | PUBLICATIONS | CONTACT US | SEARCH
REGISTERING WITH US | CAREER OPPORTUNITIES | LINKS TO STATE SITES
Privacy Policy | Terms & Conditions | © 2001 DOJ