Statutes, codes, and regulations
California Code Of Regulations
Title 11 - LawDivision 5 - Firearms RegulationsChapter 39 - Assault Weapons and Large-Capacity Magazines
Article 3 - Assault Weapon Registration
Section 5478 - Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1); Voluntary Deregistration

Cal. Code Regs. tit. 11 § 5478

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 5478 - Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1); Voluntary Deregistration
(a) The Department will accept voluntary deregistration requests for assault weapons that are no longer possessed by the registrant, in the form of a completed Form BOF 4546, "Notice of No Longer in Possession," (Rev. 12/2019) hereby incorporated by reference. Deregistration requests will also be accepted for assault weapons, as defined in Penal Code section 30515, that have been modified or reconfigured to no longer meet that definition. Deregistration requests must be in writing, signed, dated, and provide the following information:
(1) Registrant's full name, telephone number, and current address; make, model, and serial number of the assault weapon; and the Department assault weapon registration number (as indicated on the registration confirmation letter provided to the registrant at the time of registration). If the Department assault weapon registration number is unknown, the request must be notarized.
(2) If the firearm has been modified or reconfigured to no longer meet the definition of assault weapon, one or more photographs clearly depicting the firearm in its current configuration shall be attached to the written deregistration request. Additional information, photographs, or inspection may be requested by the Department before determining eligibility for deregistration.
(3) If the registrant is no longer in possession of the firearm, proof of sale or transfer of the firearm shall be attached to the written deregistration request. Acceptable proof includes receipts from out-of-state gun stores, or law enforcement reports depicting the seizure and/or destruction of the firearm(s).
(b) Upon determining eligibility for deregistration, the Department will delete the assault weapon registration for the specified firearm(s), and, if the weapon is still in the possession of the registrant, will convert the information to a Firearm Ownership Report, form BOF 4542A (Rev. 01/2020).
(c) If the registrant has sold the weapon to a party outside of the State of California or otherwise lawfully disposed of the weapon, or if the weapon was seized by law enforcement, the Department will create a "No Longer In Possession" entry in the Automated Firearms System.
(d) Upon completion of the assault weapon deregistration, the Department will mail confirmation of deregistration and updated firearm ownership information to the registrant at the address provided on the request.

Cal. Code Regs. Tit. 11, § 5478

1. New section filed 7-31-2017; operative 7-31-2017. Submitted to OAL for filing and printing only pursuant to Penal Code section 30900(b)(5) (Register 2017, No. 31).
2. Amendment of subsection (b) filed 6-27-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending subsections (a) and (b) filed 12-17-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 51).
4. Amendment of subsection (b) refiled 12-19-2019 as an emergency; operative 12-31-2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-30-2020 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction implementing 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).
6. Amendment of subsection (b) refiled 3-25-2020 as an emergency; operative 3-31-2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-29-2020 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-25-2020 order, including amendment of subsection (b), transmitted to OAL 3-18-2020 and filed 4-27-2020; amendments operative 4-27-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 18).

Note: Authority cited: Section 30900, Penal Code. Reference: Sections 30515 and 30900, Penal Code.

1. New section filed 7-31-2017; operative 7/31/2017. Submitted to OAL for filing and printing only pursuant to Penal Code section 30900(b)(5) (Register 2017, No. 31).
2. Amendment of subsection (b) filed 6-27-2019 as an emergency; operative 7/1/2019 (Register 2019, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending subsections (a) and (b) filed 12-17-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 51).
4. Amendment of subsection (b) refiled 12-19-2019 as an emergency; operative 12/31/2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-30-2020 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction implementing 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).
6. Amendment of subsection (b) refiled 3-25-2020 as an emergency; operative 3/31/2020 (Register 2020, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-29-2020 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-25-2020 order, including amendment of subsection (b), transmitted to OAL 3-18-2020 and filed 4-27-2020; amendments operative 4/27/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 18).