Cal. Code Regs. tit. 11 § 4230

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 4230 - Delivery of Firearms Following DROS Submission and Suspension
(a) If the Department determines the firearm purchaser/transferee/loanee is not prohibited by state or federal law from purchasing or possessing firearms, immediately following the conclusion of the ten-day waiting period, the status of the DES transaction record will change from "Pending" to "Approved." The DES transaction record will also specify the 30-day period during which the firearm may be delivered to the approved purchaser/transferee/loanee.
(b) DES Transaction Record Status
(1) A firearm may be delivered to the purchaser/transferee/loanee only if the status of the DES transaction record is "Approved," "Approval after Delay," or "Undetermined."
(A) An "Approved" status shall be designated for a Department-approved application after the 10-day waiting period has concluded.
(B) An "Approval after Delay" status shall be designated when the Department approves an application to purchase a firearm after identifying a "Delayed" status.
(C) Pursuant to Penal Code section 28220(f)(4), an "Undetermined" status shall be designated when 30 days have passed since the original transaction date and the Department is unable to determine a purchaser's eligibility to own or possess firearms or is unable to determine whether the firearm involved in the sale/transfer/loan is stolen. Delivery of a firearm (sale/transfer/loan) from an "Undetermined" status shall be made at the discretion of the Dealer COE Holder, authorized associate, or salesperson.
(2) If the status is "Pending," "Delayed," "Denied," "Denial after Delay," "DMV Reject," or "30-Day Reject," the firearm shall not be delivered.
(A) A "Pending" status shall be designated when the purchaser's eligibility is under review during the 10-day waiting period.
(B) A "Delayed" status shall be designated when the Department is unable to determine the purchaser's eligibility within the 10-day waiting period.
(C) A "Denied" status shall be designated when the Department reviews an application to purchase a firearm based on information provided by the applicant (e.g., name, date of birth, etc.) without fingerprint comparison and the applicant information is denied after the Department's review of matching state and/or federal records.
(D) A "Denial after Delay" status shall be designated when the Department denies an application to purchase a firearm after identifying a "Delayed" status.
(E) A "DMV Reject" status shall be designated when an application is submitted with an invalid, suspended, revoked, or expired California Driver License or California Identification Card.
(F) A "30-Day Reject" status shall be designated when an application is submitted to purchase more than one handgun in a 30-day period.
(c) Immediately upon delivery of the firearm, the Dealer COE Holder, authorized associate, or salesperson of the dealer must access the DES delivery menu, locate the DROS transaction by the name of the purchaser/recipient/loanee or by the DROS number, then select the "Deliver Gun" option to record the time and date the firearm is delivered.
(d) If the "Deliver Gun" function is not used within the approved 30-day delivery period, one of the following shall occur:
(1) If the firearm was delivered to the purchaser/transferee/loanee within the approved delivery period, the Dealer COE Holder, authorized associate, or salesperson must contact the Customer Support Center by utilizing the contact information available upon logging into the DES account, to provide all of the following:
(A) The date and time of the actual delivery of the firearm to the purchaser/transferee/loanee.
(B) The DES account username of the Dealer COE Holder, authorized associate, or salesperson who delivered the firearm to the purchaser/transferee/loanee.
(2) If the firearm was not delivered to the purchaser/transferee/loanee, the Dealer COE Holder, authorized associate, or salesperson shall cancel the transaction in the DES upon confirmation of non-delivery prior to the 31st day from the original transaction date.
(e) Effective July 1, 2019, on the 31st day from an original transaction date, the DES will suspend all accounts associated with the firearms dealer, the Dealer COE Holder(s), authorized associate(s), and salesperson(s) until delivery or cancellation information is updated in the DES for an incomplete transaction.

Cal. Code Regs. Tit. 11, § 4230

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 heading, section and NOTE filed 5-29-2019; operative 7-1-2019 (Register 2019, No. 22).

Note: Authority cited: Sections 28105, 28155, 28160 and 28175, Penal Code. Reference: Sections 26815, 28105, 28155, 28160, 28175, 28205, 28210, 28215 and 28220, Penal Code.

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 heading, section and Note filed 5-29-2019; operative 7/1/2019 (Register 2019, No. 22).