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Code · California · Penal Code

§ 28000

564 words·~3 min read·/ca/penal-code/28000

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person who is exempt from Section 27545 or is otherwise not required by law to report the acquisition or ownership of a firearm may submit that information to the Department of Justice in a manner and format prescribed by the department.
(b)The form described in subdivision
(a)shall include, without limitation, all of the following information:
(1)The name, gender, date and place of birth, address, and telephone number of the applicant.
(2)The country of citizenship of the applicant and, if not a citizen of the United States, proof of lawful presence including a permanent resident number or Arrival/Departure Record card (I-94) number.
(3)The make, model, caliber, barrel length, type, country of origin, and serial number of the firearm, or, if the firearm does not have a serial number, the identification number, or identification mark assigned to it.
(4)The applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles, or a copy of the applicant’s military identification with orders indicating that the individual is stationed in California.
(5)The signature of the applicant and the date of such signature.
(c)Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in subdivision
(b)is punishable as a misdemeanor.
(d)The department shall establish a fee for submission of the form described in subdivision
(a)and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the form submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(e)Upon receipt of a completed application submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(1)A person not otherwise required to report the destruction, disposal, dispossession, relinquishment, or transfer of a firearm, may report the destruction, disposal, dispossession, relinquishment, or transfer of that firearm to the department, in a manner and format prescribed by the department.
(2)A person who moves out of this state with a firearm and is no longer a resident of this state may report their move to the department, in a manner and format prescribed by the department.
(g)The department may request photographs of the firearms reported pursuant to this section to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(h)The department may request documentation, which would provide proof a firearm has been transferred, destroyed, disposed of, or permanently removed from this state. Documentation may include copies of receipts, forms, government-issued identification cards, and photographs to determine if the firearm is no longer possessed by the reporting party, or has been removed from this state. The department may reject the report if the department determines the documentation provided is insufficient to prove transfer, destruction, dispossession, or removal from this state.
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