California Code of Regulations
Title 11 - Law
Division 5 - Firearms Regulations
Chapter 8 - DROS Entry System (Des)
Section 4210 - Terms of Use and Required Information
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Firearms dealers and each of their authorized associates, authorized account associates, or salespersons, and ammunition vendors and each of their authorized associates, authorized account associates, or salespersons, who will use DES on behalf of the firearms dealer or ammunition vendor must agree to the following "Terms of Use:"
The Department of Justice (Department) is not responsible for and will not have liability for hardware, software, information, or other items or any services provided by any persons other than the Department. Except as may be required by law, in no event shall either party be liable to the other or any third party, under any theory of liability, including, but not limited to, any contract or tort claim for any cause whatsoever, for any indirect, incidental, special or consequential damages, including loss of revenue or profits, even if aware of the possibility thereof.
I am a licensed firearms dealer Certificate of Eligibility (COE) Holder, authorized associate, authorized account associate, or salesperson of the firearms dealer, or an ammunition vendor, authorized ammunition vendor associate, authorized ammunition vendor account associate, or ammunition vendor salesperson, and am authorized to use DES on behalf of the firearms dealer or ammunition vendor.
The acquisition and maintenance of the device and software used to access the internet and interface with DES shall be the responsibility of each firearms dealer or ammunition vendor. Each authorized associate, authorized account associate, or salesperson shall request and use their own DES account after the Dealer COE Holder or ammunition vendor has granted authorization. The DES enables the Dealer COE Holder or ammunition vendor to authorize the functions each user is able to access.
It is the responsibility of the user and the firearms dealer or ammunition vendor to protect the confidentiality of the individual password selected by each user to access DES.
If a Dealer COE Holder, authorized associate, authorized account associate, salesperson, ammunition vendor, authorized ammunition vendor associate, authorized ammunition vendor account associate or ammunition vendor salesperson becomes aware that an unauthorized user has obtained access to DES, they must notify the Customer Support Center immediately. Contact information is available upon logging into the DES account. Notwithstanding such notification, the Department shall not be liable for transaction charges fraudulently incurred on a DES account. It is the responsibility of the dealer or ammunition vendor to pay these transaction charges.
A transaction means a single sale, transfer, or loan of any number of firearms to one person at the same time. It is the responsibility of the user to indicate that a transaction consists of more than one firearm while entering Dealer Record of Sale (DROS) information for submission to the Department. If the user does not indicate that the transaction consists of more than one firearm prior to submission, another DROS fee will be required for the additional firearms.
Upon submission of a DROS, the fee will be charged to the dealer's account. The Department will not provide refunds after submission and acceptance of a DROS.
All of the information I submit to the Department through DES shall be true, accurate, and complete to the best of my knowledge.
(b)
1. New section
filed 12-26-2013; operative 1-1-2014 pursuant to Government Code section
11343.4(b)(3).
(Register 2013, No. 52).
2. Amendment of section and NOTE filed
5-29-2019; operative 7-1-2019 (Register 2019, No. 22).
3. Change without
regulatory effect amending subsection (a)(3) filed 12-6-2021 pursuant to section
100, title 1, California Code of
Regulations (Register 2021, No. 50).
4. Amendment of subsections (a) and
(a)(2)-(4), new subsections (b)(7)-(b)(9)(F) and amendment of NOTE filed 6-30-2022;
operative 7-1-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 26).
5. Amendment of subsection (a) and subsections
(a)(2)-(4), repealer of subsections (b)(7)-(9)(F) and amendment of NOTE filed
1-12-2023; operative 1-12-2023. Exempt from the APA pursuant to Statutes 2022,
chapter 76 (AB 1621), section 39, and submitted to OAL for filing and printing only
pursuant to Government Code section
11343.8
(Register 2023, No. 2).
Note: Authority cited: Sections 28105, 28155, 28205, 30352 and 30370, Penal Code. Reference: Sections 28105, 28155, 28205, 28220 and 30395, Penal Code.
