SECTIONS 26700-26725 - California Statutes

PENAL CODE

SECTION 26700-26725

26700. As used in this division, and in any other provision listed
in Section 16580, "dealer," "licensee," or "person licensed pursuant
to Sections 26700 to 26915, inclusive" means a person who satisfies
all of the following requirements:
(a) Has a valid federal firearms license.
(b) Has any regulatory or business license, or licenses, required
by local government.
(c) Has a valid seller's permit issued by the State Board of
Equalization.
(d) Has a certificate of eligibility issued by the Department of
Justice pursuant to Section 26710.
(e) Has a license issued in the format prescribed by subdivision
(c) of Section 26705.
(f) Is among those recorded in the centralized list specified in
Section 26715.

26705. (a) The duly constituted licensing authority of a city,
county, or a city and county shall accept applications for, and may
grant licenses permitting, licensees to sell firearms at retail
within the city, county, or city and county. The duly constituted
licensing authority shall inform applicants who are denied licenses
of the reasons for the denial in writing.
(b) No license shall be granted to any applicant who fails to
provide a copy of the applicant's valid federal firearms license,
valid seller's permit issued by the State Board of Equalization, and
the certificate of eligibility described in Section 26710.
(c) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(1) In the form prescribed by the Attorney General.
(2) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(3) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(d) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.

26710. (a) A person may request a certificate of eligibility from
the Department of Justice.
(b) The Department of Justice shall examine its records and
records available to the department in the National Instant Criminal
Background Check System in order to determine if the applicant is
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.
(c) The department shall issue a certificate to an applicant if
the department's records indicate that the applicant is not a person
who is prohibited by state or federal law from possessing firearms.
(d) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.

26715. (a) Except as otherwise provided in paragraphs (1) and (3)
of subdivision (b), the Department of Justice shall keep a
centralized list of all persons licensed pursuant to subdivisions (a)
to (e), inclusive, of Section 26700.
(b) (1) The department may remove from this list any person who
knowingly or with gross negligence violates a provision listed in
Section 16575.
(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
(3) Upon removal of a dealer from this list, notification shall be
provided to local law enforcement and licensing authorities in the
jurisdiction where the dealer's business is located.
(c) Information compiled from the list shall be made available,
upon request, for the following purposes only:
(1) For law enforcement purposes.
(2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(3) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Article 1 (commencing with Section
27200) of Chapter 3, if that information is requested by the person
to determine the eligibility of a prospective participant in a gun
show or event to conduct transactions as a firearms dealer pursuant
to subdivision (b) of Section 26805.
(d) Information provided pursuant to subdivision (c) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
(1) A person licensed pursuant to subdivisions (a) to (e),
inclusive, of Section 26700.
(2) A person who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code, and who is
not subject to the requirement of being licensed pursuant to
subdivisions (a) to (e), inclusive, of Section 26700.

26720. (a) The Department of Justice may inspect dealers to ensure
compliance with the provisions listed in Section 16575.
(b) The department may assess an annual fee, not to exceed one
hundred fifteen dollars ($115), to cover the reasonable cost of
maintaining the list described in Section 26715, including the cost
of inspections.
(c) Dealers whose place of business is in a jurisdiction that has
adopted an inspection program to ensure compliance with firearms law
shall be exempt from that portion of the department's fee that
relates to the cost of inspections. The applicant is responsible for
providing evidence to the department that the jurisdiction in which
the business is located has the inspection program.

26725. The Department of Justice shall maintain and make available
upon request information concerning all of the following:
(a) The number of inspections conducted and the amount of fees
collected pursuant to Section 26720.
(b) A listing of exempted jurisdictions, as defined in Section
26720.
(c) The number of dealers removed from the centralized list
defined in Section 26715.
(d) The number of dealers found to have violated a provision
listed in Section 16575 with knowledge or gross negligence.