California Code of Regulations
Title 11 - Law
Division 5 - Firearms Regulations
Chapter 2 - Centralized List of Firearms Dealers
Article 5 - Additional Requirements
Section 4026 - Notification of Dealer Retention After a Failed Private Party Transfer

Universal Citation: 11 CA Code of Regs 4026

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Within 72 hours after retaining possession of a firearm pursuant to Penal Code section 28050, subdivision (f)(1), the dealer shall notify the Department of their retention of the firearm and report the following information:

(1) California Firearms Dealer number, dealer's name (as shown on license), business address and telephone number.

(2) A description of the firearm, including firearm type (i.e., handgun, rifle, shotgun, rifle/shotgun combination, or other), category (i.e., bolt action, carbine, double barrel, three barrels, four or more barrels, derringer, lever action, over and under, pump action, revolver, semi-automatic, or single shot), make, model, caliber, color, and serial number. If frame or receiver only, report whether it is a federally regulated firearm precursor part.

(3) The name, date of birth, gender, physical address, and identification type and number used on the DROS Entry System (DES) transaction record of the seller, transferor, or person loaning the firearm to whom the dealer could not legally return the firearm.

(b) The dealer shall report the information in subdivision (a) through DES. After the dealer enters the DROS number for the failed private party transfer, DES will auto-populate the required information. The dealer shall certify that the information reported is true and correct under penalty of perjury.

(c) The 45-day period specified in Penal Code section 28050, subdivision (f)(1), begins when the seller, transferor, or person loaning the firearm requests that the dealer retain the firearm. Before the end of the 45-day period, the seller, transferor, or person loaning the firearm may designate one person to receive the firearm. If the dealer cannot legally deliver the firearm to the designated person, the dealer shall forthwith deliver possession of the firearm to a law enforcement agency pursuant to Penal Code section 28050, subdivision (f)(3).

Note: Authority cited: Section 28050, Penal Code. Reference: Section 28050, Penal Code.

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