Crimes Relating to Sale, Lease, or Transfer of Firearms
Cal. PEN § 27565
California Statutes
(
a) This
section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to
Chapter 44 (commencing with
Section 921) of Title of the United States Code and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm.
(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (
j) of
Section of Title of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in
Section 478.11 of Title of the Code of Federal Regulations. (
b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department. A person shall not furnish a fictitious name or address, knowingly furnish any incorrect information, or knowingly omit any information required to be provided in this report. (
c) The department shall establish a fee for submission of the report described in this
section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs. (
d) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. (
e) Upon receipt of a report 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 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.