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.
