SECTIONS 28200-28250 - California Statutes

PENAL CODE

SECTION 28200-28250

28200. 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.
(d) "Seller" means, if the transaction is being conducted pursuant
to Chapter 5 (commencing with Section 28050), the person selling,
loaning, or transferring the firearm.

28205. (a) Until January 1, 1998, the Department of Justice shall
determine the method by which a dealer shall submit firearm purchaser
information to the department. The information shall be in one of
the following formats:
(1) Submission of the register described in Article 2 (commencing
with Section 28150).
(2) Electronic or telephonic transfer of the information contained
in the register described in Article 2 (commencing with Section
28150).
(b) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
(c) On or after January 1, 2003, except as permitted by the
department, electronic transfer shall be the exclusive means by which
information is transmitted to the department. Telephonic transfer
shall not be permitted for information regarding sales of any
firearms.

28210. (a) (1) Where the register is used, the purchaser of any
firearm shall be required to present to the dealer clear evidence of
the person's identity and age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name and affix the purchaser's residence address and
date of birth to the register in quadruplicate.
(3) The salesperson shall sign the register in quadruplicate, as a
witness to the signature and identification of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the register shall be
punished as provided in Section 28250.
(c) (1) The original of the register shall be retained by the
dealer in consecutive order.
(2) Each book of 50 originals shall become the permanent register
of transactions, which shall be retained for not less than three
years from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
register of transactions shall be available for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. No information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
(d) On the date of the application to purchase, two copies of the
original sheet of the register shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
(e) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a photocopy of
the original shall be provided to the seller or purchaser by the
dealer, upon request. The dealer shall redact all of the purchaser's
personal information, as required pursuant to subdivision (a) of
Section 28160 and subdivision (a) of Section 28165, from the seller's
copy, and the seller's personal information from the purchaser's
copy.

28215. (a) (1) Where the electronic or telephonic transfer of
applicant information is used, the purchaser shall be required to
present to the dealer clear evidence of the person's identity and
age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name to the record of electronic or telephonic
transfer.
(3) The salesperson shall sign the record of electronic or
telephonic transfer, as a witness to the signature and identification
of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer shall be punished as provided in Section 28250.
(c) (1) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.
(2) Each original shall become the permanent record of the
transaction, which shall be retained for not less than three years
from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. No information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
(d) On the date of the application to purchase, the record of
applicant information shall be transmitted to the Department of
Justice by electronic or telephonic transfer.
(e) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy shall
be provided to the seller or purchaser by the dealer, upon request.
The dealer shall redact all of the purchaser's personal information,
as required pursuant to subdivision (a) of Section 28160 and
subdivision (a) of Section 28165, from the seller's copy, and the
seller's personal information from the purchaser's copy.

28220. (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
(c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which the
sale was made, or if the sale was made in a district in which there
is no municipal police department, the sheriff of the county in which
the sale was made, of that fact.
(d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
Section 28225 is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
(e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to Section
28225 is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to Section 28225, or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.

28225. (a) The Department of Justice may require the dealer to
charge each firearm purchaser a fee not to exceed fourteen dollars
($14), except that the fee may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
(b) The fee under subdivision (a) shall be no more than is
necessary to fund the following:
(1) The department for the cost of furnishing this information.
(2) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
(3) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
(4) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
(5) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
(6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
(7) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
(8) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
(9) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
(10) The department for the costs associated with subdivisions (d)
and (e) of Section 27560.
(11) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, loan, or transfer of
firearms pursuant to any provision listed in Section 16580.
(c) The fee established pursuant to this section shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (3) of
subdivision (b), the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (4) of
subdivision (b), the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (5) of subdivision (b),
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (7) of
subdivision (b), the estimated reasonable costs of the Department of
Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subdivisions (d) and (e) of Section 27560, and the
estimated reasonable costs of department firearms-related regulatory
and enforcement activities related to the sale, purchase, loan, or
transfer of firearms pursuant to any provision listed in Section
16580.
(d) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in this section to the
department.

28230. (a) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the Department of Industrial Relations:
(1) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to any provision listed in subdivision (a) of Section 16585.
(2) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
(3) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to Section 26905,
27565, or 28000, or paragraph (1) of subdivision (a) of Section
27560.
(4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
(b) If the department charges a fee pursuant to paragraph (2) of
subdivision (a), it shall be charged in the same amount to all
categories of transaction that are within that paragraph.
(c) Any costs incurred by the Department of Justice to implement
this section shall be reimbursed from fees collected and charged
pursuant to this section. No fees shall be charged to the dealer
pursuant to Section 28225 for implementing this section.

28235. All money received by the department pursuant to this
article shall be deposited in the Dealers' Record of Sale Special
Account of the General Fund, which is hereby created, to be
available, upon appropriation by the Legislature, for expenditure by
the department to offset the costs incurred pursuant to any of the
following:
(a) This article.
(b) Section 18910.
(c) Section 27555.
(d) Subdivisions (d) and (e) of Section 27560.
(e) Article 6 (commencing with Section 28450).
(f) Section 31110.
(g) Section 31115.
(h) Subdivision (a) of Section 32020.
(i) Section 32670.
(j) Section 33320.

28240. (a) Only one fee shall be charged pursuant to this article
for a single transaction on the same date for the sale of any number
of firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person, or for the taking of
possession of those firearms.
(b) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this article for the second and
subsequent firearms that are part of that transaction.
(c) Only one fee shall be charged pursuant to this article for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to Section 26905, 27870, 27875,
27915, 27920, or 27925.

28245. Whenever the Department of Justice acts pursuant to this
article as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.

28250. (a) Any person who does any of the following is guilty of a
misdemeanor:
(1) Furnishing a fictitious name or address for the register under
Section 28210 or the electronic or telephonic transfer under Section
28215.
(2) Knowingly furnishing any incorrect information for the
register under Section 28210 or the electronic or telephonic transfer
under Section 28215.
(3) Knowingly omitting any information required to be provided for
the register under Section 28210 or the electronic or telephonic
transfer under Section 28215.
(4) Violating any provision of this article.
(b) Notwithstanding subdivision (a), any person who is prohibited
from obtaining a firearm pursuant to Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9 of this title, or Section 8100 or 8103 of the Welfare and
Institutions Code, who does any of the following shall be punished by
imprisonment in a county jail not exceeding one year or imprisonment
in the state prison for a term of 8, 12, or 18 months:
(1) Knowingly furnishes a fictitious name or address for the
register under Section 28210 or the electronic or telephonic transfer
under Section 28215.
(2) Knowingly furnishes any incorrect information for the register
under Section 28210 or the electronic or telephonic transfer under
Section 28215.
(3) Knowingly omits any information required to be provided for
the register under Section 28210 or the electronic or telephonic
transfer under Section 28215.