SECTIONS 30105 - California Statutes

PENAL CODE

SECTION 30105

30105. (a) An individual may request that the Department of Justice
perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
information required by Section 28165 to the department, in an
application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department.
(d) Upon receipt of a notarized application and fee, the
department shall do all of the following:
(1) Examine its records, and the records it is authorized to
request from the State Department of Mental Health pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
(2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
(e) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
(f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Web site.
(g) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
(h) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
(i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:
"No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 30105 of the Penal Code. A
violation of these provisions is a misdemeanor."
"If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."