SECTIONS 28450-28490 - California Statutes

PENAL CODE

SECTION 28450-28490

28450. (a) Commencing January 1, 2008, the Department of Justice
shall keep a centralized list of persons who identify themselves as
being licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code as a dealer, importer, or
manufacturer of firearms whose licensed premises are within this
state and who declare to the department an exemption from the
firearms dealer licensing requirements of Section 26500.
(b) The list shall be known as the centralized list of exempted
federal firearms licensees.
(c) To qualify for placement on the centralized list, an applicant
shall do all of the following:
(1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, importer, or manufacturer of firearms.
(2) Possess a current, valid certificate of eligibility pursuant
to Section 26710.
(3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 26500.

28455. Any person furnishing a fictitious name, knowingly
furnishing any incorrect information, or knowingly omitting any
information for the declaration under paragraph (3) of subdivision
(c) of Section 28450 shall be guilty of a misdemeanor.

28460. (a) Commencing January 1, 2008, the department shall assess
an annual fee of one hundred fifteen dollars ($115) to cover its
costs of maintaining the centralized list of exempted federal
firearms licensees prescribed by Section 28450, conducting
inspections in accordance with this article, and for the cost of
maintaining the firearm shipment verification number system described
in Section 27555.
(b) The department may increase the fee at a rate not to exceed
the increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
(c) The fees collected shall be deposited in the Dealers' Record
of Sale Special Account.
(d) A person who satisfies all of the following conditions shall
not be charged a fee:
(1) The person is not licensed pursuant to Sections 26700 to
26915, inclusive.
(2) The person has been issued a permit pursuant to Section 31005,
32650, or 33300, or pursuant to Article 3 (commencing with Section
18900) of Chapter 1 of Division 5 of Title 2.
(3) The person is placed on the centralized list of exempted
federal firearms licensees.

28465. (a) Any person licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code as a dealer,
importer, or manufacturer of firearms whose licensed premises are
within this state shall not import or receive firearms from any
source unless listed on the centralized list of firearms dealers
pursuant to Section 26715, or the centralized list of exempted
federal firearms licensees pursuant to Section 28450, or the
centralized list of firearms manufacturers pursuant to Section 29060.
(b) A violation of this section is a misdemeanor.

28470. (a) All persons on the centralized list of exempted federal
firearms licensees prescribed by Section 28450 shall record and keep
on file for three years, the verification number that shall accompany
firearms received from other federal firearms licensees pursuant to
Section 27555.
(b) A violation of this section is cause for immediate removal
from the centralized list.

28475. Information compiled from the list described in Section
28450 shall be made available for the following purposes:
(a) Requests from local, state, and federal law enforcement
agencies and the duly constituted city, county, and city and county
licensing authorities.
(b) 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.

28480. (a) The department may conduct onsite inspections at the
business premises of a person on the centralized list described in
Section 28450 to determine compliance with firearms laws pursuant to
the provisions listed in Section 16575.
(b) The department shall work in consultation with the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to ensure that licensees
are not subject to duplicative inspections.
(c) During the inspection the following firearm records shall be
made available for review:
(1) Federal records referred to in subdivision (a) of Section
478.125 of Title 27 of the Code of Federal Regulations and the bound
book containing the same information referred to in Section 478.124a
and subdivision (e) of Section 478.125 of Title 27 of the Code of
Federal Regulations.
(2) Verification numbers issued pursuant to Section 27555.
(3) Any other records requested by the department to determine
compliance with the provisions listed in Section 16575.

28485. The department may remove from the centralized list
described in Section 28450 any person who violates a provision listed
in Section 16575.

28490. The department may adopt regulations as necessary to carry
out the provisions of this article, Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2, and Sections 27555 to 27570, inclusive. The department
shall work in consultation with the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to ensure that state regulations are not
duplicative of federal regulations.