Wednesday, 3 February 2016

Proof-of-Residency Requirement

To purchase a handgun in California you must present documentation indicating that you are a California resident. Acceptable documentation includes a utility bill from within the last three months, a signed residential lease, a property deed or military permanent duty station orders indicating assignment within California. The address provided on the DROS must match either the address on the proof-of-residency document or the address on the purchaser’s California Driver license or Identification Card. (Pen. Code, § 26845.)

Firearm Safety Certificate Requirement

To purchase or acquire a firearm, you must have a valid FSC. To obtain an FSC, you must score at least 75% on an objective written test pertaining to firearms laws and safety requirements. The test is administered by DOJ Certified Instructors, who are generally located at firearms dealerships. An FSC is valid for five years. The fee for taking the FSC test and being issued an FSC is twenty-five dollars ($25). Firearms being returned to their owners, such as pawn returns, are exempt from this requirement. In the event of a lost, stolen or destroyed FSC, the issuing DOJ Certified Instructor will issue a replacement FSC for a fee of $5. You must present proof of identity to receive a replacement FSC. (Pen. Code, §§ 31610-31670.)

Safe Handling Demonstration Requirement

Prior to taking delivery of a firearm, you must successfully perform a safe handling demonstration with the firearm being purchased or acquired. Safe handling demonstrations must be performed in the presence of a DOJ Certified Instructor sometime between the date the DROS is submitted to the DOJ and the delivery of the firearm, and are generally performed at the firearms dealership. The purchaser, firearms dealer and DOJ Certified Instructor must sign an affidavit stating the safe handling demonstration was completed. The steps required to complete the safe handling demonstration for most firearm types is described in Chapter 3. Pawn returns and intra-familial transfers are not subject to the safe handling demonstration requirement. (Pen. Code, § 26850.)

The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, “immediate family” means parent and child, and grandparent and grandchild, but does not include other types of transfers, such as between brother and sister. Please note that the transferee must comply with the FSC requirement described below, prior to taking possession of the firearm. Within 30 days of the transfer, the transferee must also submit a report of the transaction to the DOJ. The required report form (Firearm Ownership Record BOF 4542A) can be downloaded from the DOJ’s website at http://oag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

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