Cal. Code Regs. Tit. 11, § 4045.1 - Additional Documentation Requirements for Eligibility Checks with Federal Non-Compliant California Driver License or Identification Card

This section applies to all firearms and ammunition eligibility checks, including any eligibility check described in Division 5. For the purposes of this section, "eligibility checks" refers to background checks based on any application or report for which an applicant is required to submit a driver license or identification card, or the number from a driver license or identification card, so that the Department of Justice may determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.

(a) For all eligibility checks, a copy of the applicant's California driver license or identification card, or out-of-state driver license, if applicable, shall be submitted, as specified in subdivisions (d) through (g).

(b) For all eligibility checks, if the applicant presents a federal non-compliant California driver license or identification card with the notation "FEDERAL LIMITS APPLY" on the front, the applicant shall also submit proof of lawful presence in the United States, as specified in subdivisions (d) through (g), in the form of one of the following documents:

(1) Valid, unexpired U.S. passport or passport card.

(2) Certified copy of U.S. birth certificate (issued by a city, county, or state vital statistics office). "Abbreviated" or "Abstract" certificates are NOT accepted.

(3) Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240), issued by the U.S. Department of State.

(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.

(5) Certified copy of birth certificate from a U.S. Territory.

(6) Certificate of Naturalization or U.S. Citizenship.

(7) Valid, unexpired Permanent Resident Card.

(c) For all eligibility checks, if the applicant's name as it appears on the federal non-compliant California driver license or identification card differs from the name on the proof of lawful presence document submitted in accordance with subdivision (b), the applicant shall also submit, as specified in subdivisions (d) through (g), one of the following certified documents:

(1) An adoption document that contains the legal name of the applicant as a result of the adoption.

(2) A name change document that contains the applicant's legal name both before and, as a result of, the name change.

(3) A marriage certificate.

(4) A dissolution of marriage document that contains the legal name of the applicant as a result of the court action.

(5) A certificate, declaration or registration document verifying the formation of a domestic partnership.

(6) A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.

(d) Applications or reports submitted in a paper format.

For eligibility checks based on an application or report submitted to the Department of Justice in a paper format, the documents required in subdivisions (a) through (c) shall be submitted along with the paper application. Do not send any original documentation when submitting the paper application. These applications and reports include:

(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710.

(2) Firearm Ownership Reports:

(A) New Resident Report of Firearm Ownership, form BOF 4010A (Rev. 01/2020), pursuant to Penal Code section 27560.

(B) Firearm Ownership Report, form BOF 4542A (Rev. 01/2020), pursuant to Penal Code section 28000.

(C) Curio or Relic Firearm Report, form BOF 4100A (Rev. 01/2020), pursuant to Penal Code section 27565.

(D) Collector In-State Acquisition of Curio or Relic Long Gun Report, form BOF 961 (Rev. 01/2020), pursuant to Penal Code section 27966.

(E) Report of Operation of Law or Intra-Familial Firearm Transaction, form BOF 4544A (Rev. 01/2020), pursuant to Penal Code sections 27875 and 27920.

(3) The application forms referenced in section 4142 of Chapter 7 of this Division 5 and amended for purposes of this division as follows: Dangerous Weapons License/Permit(s) Application, form BOF 030 (Rev. 01/2020), or Dangerous Weapons License/Permit(s) Renewal Application, form BOF 031 (Rev. 01/2020). These forms include options to apply for the following licenses/permits:

(A) Assault Weapon/.50 BMG Rifle Permit, pursuant to Penal Code sections 31000 and 31005.

(B) Short-Barreled Shotgun/Rifle Permit, pursuant to Penal Code sections 33300 and 33305.

(C) Destructive Device Permit, pursuant to Penal Code sections 18900 and 18905.

(D) Machinegun Permit, pursuant to Penal Code sections 32650 and 32655.

(E) Machinegun License, pursuant to Penal Code sections 32700 to 32715.

(4) Entertainment Firearms Permit Application, form BOF 051 (Rev. 01/2020), hereby incorporated by reference, pursuant to Penal Code section 29500.

(5) Personal Firearms Eligibility Check Application, form BOF 116 (Rev. 01/2020), hereby incorporated by reference, pursuant to Penal Code section 30105.

(e) Applications or reports submitted electronically via the California Firearms Application Reporting System (CFARS).

For eligibility checks based on an application or report submitted to the Department of Justice electronically via CFARS, the documents required in subdivisions (a) through (c) shall be uploaded to CFARS as prompted during the application or reporting process. These applications and reports include:

(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710 and Chapter 3 of this Division 5.

(2) Unique Serial Number Applications, pursuant to Penal Code section 29182 and Chapter 41 of this Division 5.

(3) Firearm Ownership Reports, including:

(A) New Resident Report of Firearm Ownership, pursuant to Penal Code section 27560.

(B) Firearm Ownership Report, pursuant to Penal Code section 28000.

(C) Curio or Relic Firearm Report, pursuant to Penal Code section 27565.

(D) Collector In-State Acquisition of Curio or Relic Long Gun Report, form pursuant to Penal Code section 27966.

(E) Report of Operation of Law or Intra-Familial Firearm Transaction, pursuant to Penal Code sections 27875 and 27920.

(f) Applications or reports submitted electronically via the Dealer Record of Sale (DROS) Entry System (DES), including applications or reports submitted pursuant to Chapters 8, 10, and 11 of this Division 5.

For eligibility checks based on applications or reports submitted to the Department of Justice electronically via the DES, the firearms dealer or ammunition vendor shall examine the applicant's driver license or identification card. If the applicant's California driver license or identification card is federal non-compliant with the notation "FEDERAL LIMITS APPLY" on the front, the firearms dealer or ammunition vendor shall require the applicant to submit a copy of the document required in subdivision (b), as well as a copy of the document required in subdivision (c) if applicable. The firearms dealer or ammunition vendor shall retain a copy of the "FEDERAL LIMITS APPLY" driver license or identification card, as well as the supporting documents, as part of the permanent record. These applications and reports include:

(1) Application(s) to purchase a firearm. The firearms dealer shall confirm compliance with this subdivision on DES, as necessary during the application or reporting process. The firearms dealer shall keep a copy of the document(s) required in subdivisions (a) through (c) as part of the permanent record of the transaction described in Penal Code section 28215, subdivision (c).

(2) Applications to purchase ammunition, as described in Penal Code section 30370. The firearms dealer or ammunition vendor shall confirm compliance with this subdivision on DES, as necessary during the application or reporting process. The firearms dealer or ammunition vendor shall keep a copy of the document(s) required in subdivisions (a) through (c).

(g) Applications or reports submitted to other agencies that include fingerprint data to be used by the Department of Justice to determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.

For eligibility checks based on applications or reports submitted to other agencies that include fingerprint data to be used by the Department of Justice to determine the applicant's eligibility to possess a firearm or ammunition under state or federal law, if the applicant presents a federal non-compliant California driver license or identification card with the notation "FEDERAL LIMITS APPLY" on the front, the agency shall require the applicant to submit copies of the documents required in subdivision (b), as well as a copy of the document required in subdivision (c) if applicable. The agency shall keep a copy of the documents required in subdivisions (a) through (c) as part of the permanent record of the application. The Department of Justice may request a copy of the document(s) at a future date. Applicants of these applications and reports include:

(1) Peace officer applicants, custodial officers, or transportation officers, pursuant to Penal Code section 832.15.

(2) Peace officers, pursuant to Penal Code section 832.16.

(3) Applicants for admission to a basic course of training certified by the Commission on Peace Officer Standards and Training that includes the carrying and use of firearms, pursuant to Penal Code section 13511.5.

(4) Applicants for an explosives permit, pursuant to Health & Safety Code section 12101.

Notes

Cal. Code Regs. Tit. 11, § 4045.1

1. New article 2 (section 4045.1) and section filed 6-27-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (d)(2)(A)-(E) filed 12-17-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 51).
3. New article 2 (section 4045.1) and section refiled 12-19-2019 as an emergency; operative 12-31-2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-30-2020 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction implementing 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).
5. New article 2 (section 4045.1) and section refiled 3-25-2020 as an emergency; operative 3-31-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-29-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-25-2020 order, including amendment of subsections (b)(2), (d) and (d)(2)(A)-(d)(3), new subsections (d)(4)-(5) and amendment of subsections (e) and (f), transmitted to OAL 3-18-2020 and filed 4-27-2020; amendments operative 4-27-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 18).
7. Amendment of first paragraph and subsections (f)-(f)(2), new subsection (f)(3), amendment of subsection (g) and amendment of NOTE filed 6-30-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).
8. Amendment of first paragraph and subsection (f), repealer of subsection (f)(3), amendment of subsection (g) and amendment of NOTE filed 1-12-2023; operative 1-12-2023. Exempt from the APA pursuant to Statutes 2022, chapter 76 (AB 1621), section 39, and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 2).

Note: Authority cited: Sections 28060, 28100, 28155, 28215 and 28220, Penal Code. Reference: Sections 832.15, 832.16, 13511.5, 16400, 18900, 18905, 23000, 26150, 26155, 26170, 26710, 26815, 27540, 27560, 27565, 27875, 27920, 27966, 28000, 28160, 28215, 28220, 28250, 29182, 29500, 30105, 30370, 31000, 31005, 32650, 32655, 32700, 32705, 32710, 32715, 33300, 33305 and 33850, Penal Code; Section 12101, Health and Safety Code; and Section 922, Title 18, United States Code.

1. New article 2 (section 4045.1) and section filed 6-27-2019 as an emergency; operative 7/1/2019 (Register 2019, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (d)(2)(A)-(E) filed 12-17-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 51).
3. New article 2 (section 4045.1) and section refiled 12-19-2019 as an emergency; operative 12/31/2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-30-2020 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction implementing 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).
5. New article 2 (section 4045.1) and section refiled 3-25-2020 as an emergency; operative 3/31/2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-29-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-25-2020 order, including amendment of subsections (b)(2), (d) and (d)(2)(A)-(d)(3), new subsections (d)(4)-(5) and amendment of subsections (e) and (f), transmitted to OAL 3-18-2020 and filed 4-27-2020; amendments operative 4/27/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 18).
7. Amendment of first paragraph and subsections (f)-(f)(2), new subsection (f)(3), amendment of subsection (g) and amendment of Note filed 6-30-2022; operative 7/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).