Purchasing A Firearm in California

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What is the minimum legal age to purchase a firearm in California?

21 years of age for all firearms and lower receivers.

What is the waiting period for firearm purchases in California?

10 days, calculated as ten, consecutive, 24-hour periods commencing at the initiation of the DROS process. Recently, the California DOJ has been taking more than 10 days to complete the firearm background.  It is best to call us after the 10 days but before traveling to the store and see if your DROS has been approved.  Qualified persons such as peace officers may be exempt from the 10-day waiting period.

What is the DROS process?

DROS is the acronym for Dealer Record of Sale. It is the system used by the California Dept. of Justice wherein background checks are conducted for purchasers of firearms. It is also the method by which firearm sales registration information is obtained.

Who is prohibited from purchasing or possessing firearms in California?

1. Persons convicted of felonies or certain misdemeanors, persons addicted to narcotics, persons adjudicated to be mentally defective, persons who are under the restrictions of a temporary restraining order (domestic violence) are among the persons who may not purchase or possess firearms.  List Link

What are the additional requirements necessary for purchasing a firearm?

Firearms Safety Certificate Guide

Beginning Jan. 1, 2015, purchasers must possess a Firearm Safety Certificate (or present a qualifying exemption) to purchase a firearm. You can obtain the FSC by successfully passing the written FSC test. The test consists of 30 questions; passing scores are 23 answers correct or more. The cost of taking the test is $10; upon passing the test, the FSC card costs $15. Study materials will be available online.

The FSC is valid for 5 years from date of issuance.

Safe Handling Demonstration

This is a set of firearm handling skills that must be performed by the purchaser with the gun they are purchasing or with a gun of the same model as the one that is being purchased. The skills include checking that the firearm is empty, unlocking it, loading it with a dummy round, then unloading it and relocking it. This demonstration is performed at the time of DROS or during delivery of the firearm depending on time constraints.

Proof of Residency

CA law mandates that customers purchasing handguns provide proof of residency secondary to a CA Driver’s License or ID card. Utility bills from within the last 90 days, property deeds, lease or rental agreements, or government issued permits, licenses or registrations are acceptable proofs of residency that meet the CA handgun residency requirements.

The address on my CA Driver’s License has changed or the address is a business address or P.O. Box.

Why do I have to provide additional proof of residency if I have already done so in my handgun purchase or if I am purchasing a rifle or shotgun?

Federal law mandates that a dealer may not sell or transfer a firearm unless the purchaser provides the dealer with a current and valid government-issued picture ID that includes the purchaser’s residence address. If the address on your CA Driver’s license is not current or if the address reflects a business address or P.O. Box, you will be required to provide a government document (vehicle registration that reflects your current residence address).

 

What documentation is acceptable proof of residency for a firearm purchase?

Current Carry Concealed Weapon Permit (CCW).

Current DMV Registrations.

Utility bill. Electricity, gas, cable bill from within the past three months that bears on its face the individual’s name.

Current Certificate of Eligibility (COE).

Curio and Relic (C &R) Federal Firearms License (03 FFL) with name and address.

Current DMV Disabled Placard.

Resident Hunting License issued by Department of Fish and Wildlife

Fishing License: Commercial, Resident Sport, Lifetime, 1, 2, and 10 day licenses issued by the Department of Fish and Wildlife.

Rental Agreement. Required signature, date, and notarization.

Property Deed/Title that bears the individual’s name.

Current, government-issued license, permit, or registration, other than a California Driver License or California Identification Card, that has a specified expiration date or period of validity.

 

Examples of unacceptable proof(s) of residency

Active Duty Military Spouse ID.  Bank Statement.  Brown Card.

Cellular Phone bill.  Fishing Validations and Report Cards.

Hunting license- Standard, Self-Filled.  Pay Stub.  Voter Registration.

Why do I have to buy a gun lock or trigger lock with the purchase of my gun?

California law requires that all firearms sold, be transferred with a trigger lock, cable lock, qualifying gun cabinet or lock box, or gun safe. These devices may include CA approved cable locks that come with the majority of new firearms or one that was purchased within the last 30 days, provided that it is accompanied by a receipt.

What if the new gun I am purchasing comes with a gun lock?

If the device that comes with your gun is on the “CA approved” list than you will not need to purchase another gun lock or cable.

What are the limits of firearms that a person can purchase at one time?

California law limits the purchase of handguns and semi-auto centerfire rifles to no more than one transferred from a dealer to an individual within any 30-day period. Note that firearms transferred between individuals that are transacted through dealers, (known as Private Party Transfers), are exempt from the one-handgun-a-month restriction, as are consignment purchases made from CA dealers.

Why are some models of handguns not legal for sale in California?

CA law dictates that only those guns deemed “not unsafe” may be sold. In order to be listed, handguns must be submitted to the state for testing and must include certain features such as magazine disconnect safeties or loaded chamber indicators. As of mid-year 2013, CA law also requires that handguns imprint a “microscopic array” on fired shell casings in order to be added to the list. At the current time, no new models of handguns feature “micro-stamping”.

Roster Link

Testing Labs Link

What are with precursor parts?

In 2019, the California Legislature passed Assembly Bill (“AB”) 879 (Ch. 730, Stats. 2019) to extend the laws governing the sale and purchase of firearms and ammunition to firearm precursor parts. Pursuant to Penal Code section 16531, a section added through the passage of AB 879, the Department of Justice (“Department”) is required to provide “written guidance and pictorial diagrams demonstrating each category of firearm precursor part.” (Pen. Code, § 16531, subd. (b).) In accordance with this mandate, the Department has developed this Firearm Precursor Part Identification Guidebook. The purpose of this guidebook is to provide definitions of key terms and images that will allow an individual to properly identify a firearm precursor part as it is defined under California law.

Firearm Precursor Part Identification Guidebook Link

Commencing July 1, 2022, the purchase or transfer of a firearm precursor part must be performed through a licensed firearm precursor part vendor. (Pen. Code, § 30485.) Furthermore, commencing July 1, 2022, the purchaser or transferee of a firearm precursor part must undergo an eligibility check—or verify their exemption to an eligibility check—prior to receipt of the firearm precursor part. (Pen. Code, § 30452.) In an effort to ensure compliance with California law, this guidebook will aid vendors, prospective purchasers or transferees, and law enforcement agencies with the identification of firearm precursor parts. Please note that this guidebook is subject to change pending the implementation of related federal regulations. (Definition of “Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27720 (proposed May 21, 2021) (to be codified at 27 C.F.R. parts 447, 478, 479).)

Firearm “Firearm” has the same meaning as the term is defined in Penal Code section 16520.

Definitions:

“Firearm precursor part” means a component of a firearm that is necessary to build or assemble a firearm and is described in either of the following categories:

(1) An unfinished receiver, including both a single part receiver and a multiple part receiver, such as a receiver in an AR-10- or AR-15-style firearm. An unfinished receiver includes a receiver tube, a molded or shaped polymer frame or receiver, a metallic casting, a metallic forging, and a receiver flat, such as a

Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate. (Pen. Code, § 16531, subd. (a)(1).)

(2) An unfinished handgun frame. (Pen. Code, § 16531, subd. (a)(2).)

“Firearm precursor part” does not include: (1) firearm parts that can only be used on antique firearms, as defined in Penal Code section 16170, subdivision (c) (Pen. Code, § 16531, subd. (c)); or (2) a firearm or the frame or receiver thereof (Pen. Code, § 16531, subd. (d)).

Fire Control Component “Fire control component” means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including but not limited to any of the following: hammer, bolt, bolt

carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. (Definition of “Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27720 (proposed May 21, 2021) (to be codified at 27 C.F.R. parts 447, 478, 479).)

“Handgun” has the same meaning as the term is defined in Penal Code section 16640.

“Long gun” has the same meaning as the term is defined in Penal Code section 16865.

“Machining” means the process of cutting, drilling, shaping, or removing material from a firearm precursor part or firearm using a tool. (Cal. Code Regs, tit. 11, § 4302, subd. (a)(4).) (Definition of “Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27720 (proposed May 21, 2021) (to be codified at 27 C.F.R. parts 447, 478, 479).)

“Pistol” has the same meaning as the term is defined in Penal Code section 16530.

“Readily” means a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. Factors relevant in making this determination, with no single one controlling, include the following: (a) Time, i.e., how long it takes to finish the process; (b) Ease, i.e., how difficult it is to do so; (c) Expertise, i.e., what knowledge and skills are required; (d) Equipment, i.e., what tools are required; (e) Availability, i.e., whether additional parts are required, and how easily they can be obtained; (f) Expense, i.e., how much it costs; (g) Scope, i.e., the extent to which the subject of the process must be changed to finish it; and (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction.

In determining whether a forging, casting, printing, extrusion, machined body or similar article may readily be completed, assembled, converted, or restored to hold or integrate the fire control components of a handgun or a long gun, the Department may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. (Cal Code Regs., tit. 11, § 4302, subd. (a)(5).) (Definition of “Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27720 (proposed May 21, 2021) (to be codified at 27 C.F.R. parts 447, 478, 479).)

“Unfinished handgun frame” means a forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to hold or integrate the fire control components of a handgun. (Cal. Code Regs., tit. 11, § 4302, subd. (a)(6).) (Definition of “Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27720 (proposed May 21, 2021) (to be codified at 27 C.F.R. parts 447, 478, 479).)

“Unfinished receiver” means a forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to hold or integrate the fire control components of a long gun. (Cal. Code Regs., tit. 11, § 4302, subd. (a)(7).) (Definition of “Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27720 (proposed May 21, 2021) (to be codified at 27 C.F.R. parts 447, 478, 479.)

This includes both a single part receiver and a multiple part receiver (such as a receiver in an AR-10- or AR-15-style firearm), a receiver tube, a molded or shaped polymer receiver, a metallic casting, a metallic forging, and a receiver flat (such as a Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate). (Pen. Code, § 16531, subd. (a)(1).)