SECTIONS 28150-28180 - California Statutes

PENAL CODE

SECTION 28150-28180

28150. As used in this article, the following words have the
following meanings:
(a) "Purchase" means the purchase, loan, or transfer of a firearm.
(b) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(c) "Sale" means the sale, loan, or transfer of a firearm.

28155. The Department of Justice shall prescribe the form of the
register and the record of electronic transfer pursuant to Section
28105.

28160. (a) For handguns, the register or record of electronic
transfer shall include all of the following information:
(1) The date and time of sale.
(2) The make of firearm.
(3) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
(4) Dealer waiting period exemption pursuant to Sections 26960 and
27660.
(5) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
(6) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
(7) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
(8) For transactions occurring prior to January 1, 2003, the
purchaser's basic firearms safety certificate number issued pursuant
to former Sections 12805 and 12809, as those sections read at any
time from when they became operative on January 1, 1992, to when they
were repealed on January 1, 2003.
(9) For transactions occurring on or after January 1, 2003, the
purchaser's handgun safety certificate number issued pursuant to
Article 2 (commencing with Section 31610) of Chapter 4 of Division 10
of this title, or pursuant to former Article 8 (commencing with
Section 12800) of Chapter 6 of Title 2 of Part 4, as that article
read at any time from when it became operative on January 1, 2003, to
when it was repealed by the Deadly Weapons Recodification Act of
2010.
(10) Manufacturer's name if stamped on the firearm.
(11) Model name or number, if stamped on the firearm.
(12) Serial number, if applicable.
(13) Other number, if more than one serial number is stamped on
the firearm.
(14) Any identification number or mark assigned to the firearm
pursuant to Section 23910.
(15) Caliber.
(16) Type of firearm.
(17) If the firearm is new or used.
(18) Barrel length.
(19) Color of the firearm.
(20) Full name of purchaser.
(21) Purchaser's complete date of birth.
(22) Purchaser's local address.
(23) If current address is temporary, complete permanent address
of purchaser.
(24) Identification of purchaser.
(25) Purchaser's place of birth (state or country).
(26) Purchaser's complete telephone number.
(27) Purchaser's occupation.
(28) Purchaser's sex.
(29) Purchaser's physical description.
(30) All legal names and aliases ever used by the purchaser.
(31) Yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Chapter 2 (commencing with Section 29800) or an offense described in
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, the purchaser's status as a person described in Section 8100
of the Welfare and Institutions Code, whether the purchaser is a
person who has been adjudicated by a court to be a danger to others
or found not guilty by reason of insanity, and whether the purchaser
is a person who has been found incompetent to stand trial or placed
under conservatorship by a court pursuant to Section 8103 of the
Welfare and Institutions Code.
(32) Signature of purchaser.
(33) Signature of salesperson, as a witness to the purchaser's
signature.
(34) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
(35) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
(36) The establishment number, if assigned.
(37) The dealer's complete business telephone number.
(38) Any information required by Chapter 5 (commencing with
Section 28050).
(39) Any information required to determine whether subdivision (f)
of Section 27540 applies.
(40) A statement of the penalties for signing a fictitious name or
address, knowingly furnishing any incorrect information, or
knowingly omitting any information required to be provided for the
register.
(b) Effective January 1, 2003, the purchaser shall provide the
purchaser's right thumbprint on the register in a manner prescribed
by the department. No exception to this requirement shall be
permitted except by regulations adopted by the department.
(c) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.

28165. (a) For firearms other than handguns, the register or record
of electronic transfer shall include all of the following
information:
(1) The date and time of sale.
(2) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
(3) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
(4) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
(5) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
(6) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
(7) Full name of purchaser.
(8) Purchaser's complete date of birth.
(9) Purchaser's local address.
(10) If current address is temporary, complete permanent address
of purchaser.
(11) Identification of purchaser.
(12) Purchaser's place of birth (state or country).
(13) Purchaser's complete telephone number.
(14) Purchaser's occupation.
(15) Purchaser's sex.
(16) Purchaser's physical description.
(17) All legal names and aliases ever used by the purchaser.
(18) Yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Chapter 2 (commencing with Section 29800) or an offense described in
Chapter 3 (commencing with Section 29900) of Division 9 of this
title, the purchaser's status as a person described in Section 8100
of the Welfare and Institutions Code, whether the purchaser is a
person who has been adjudicated by a court to be a danger to others
or found not guilty by reason of insanity, whether the purchaser is a
person who has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code.
(19) Signature of purchaser.
(20) Signature of salesperson, as a witness to the purchaser's
signature.
(21) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
(22) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
(23) The establishment number, if assigned.
(24) The dealer's complete business telephone number.
(25) Any information required by Chapter 5 (commencing with
Section 28050).
(26) A statement of the penalties for any person signing a
fictitious name or address, knowingly furnishing any incorrect
information, or knowingly omitting any information required to be
provided for the register.
(b) Effective January 1, 2003, the purchaser shall provide the
purchaser's right thumbprint on the register in a manner prescribed
by the department. No exception to this requirement shall be
permitted except by regulations adopted by the department.
(c) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.

28170. Where the register is used, the following shall apply:
(a) Dealers shall use ink to complete each document.
(b) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(c) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions, which shall include the
information set forth in this section.
(d) One firearm transaction shall be reported on each record of
sale document.
(e) For purposes of this section, a "transaction" means a single
sale, loan, or transfer of any number of firearms that are not
handguns.

28175. The dealer or salesperson making a sale shall ensure that
all required information has been obtained from the purchaser. The
dealer and all salespersons shall be informed that incomplete
information will delay sales.

28180. (a) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means, except as authorized by the department.
(b) The requirement of subdivision (a) shall not apply in either
of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(c) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
section shall be obtained by an alternative method to be determined
by the department.