Straw Purchases

California prohibits any person from selling, loaning, or transferring a firearm to any person he or she knows or has cause to believe is not the actual purchaser or transferee of the firearm, or person actually being loaned the firearm (such a person is known as a “straw purchaser” – someone not in a prohibited category who buys firearms on behalf of a convicted felon, juvenile or other prohibited purchaser), if he or she knows that the firearm is to be subsequently sold, loaned, or transferred in violation of California’s background check requirement and other requirements related to the sale, loan, or transfer of a firearm.1 California law also prohibits a person from acquiring a firearm with the intention of selling, loaning, or transferring it in violation of the requirement that private sales or transfers be conducted through a licensed dealer.2 A dealer is prohibited from acquiring a firearm with the intention of selling, loaning, or transferring it to a person under the age of 21 if the firearm is a handgun, or to a person under the age of 18 if the firearm is a long gun.3 Finally, a dealer is prohibited from acquiring a firearm with the intention of selling, loaning, or transferring it in violation of California’s requirements for the delivery of a firearm, including the mandatory 10-day waiting period, presentation of a firearm safety certificate, and the one-gun-per-month requirement.4

Shipments into California

California law prohibits any federal firearms licensee (“FFL”) in California from importing or receiving firearms into the state unless he or she is on: 1) the state’s centralized list of licensed firearms dealers; 2) the state’s centralized list of FFLs exempted from the state’s licensing requirement; or 3) the state’s centralized list of firearms manufacturers.5 Whenever an FFL intends to deliver, sell or transfer firearms to an FFL whose licensed premises are in California, the shipper must obtain from the California Department of Justice (“DOJ”), prior to delivery, a unique verification number.6 DOJ will issue a unique verification number only if the intended recipient of the firearms is on one of the three lists mentioned above.7 The shipper must then provide this number to the recipient upon delivery of the firearms.8 For more information, see DOJ’s FAQs regarding the California Firearms Licensee Check (“CFLC”) Program.

DOJ may use the fees that firearms purchasers must pay to DOJ during the purchase of any firearm (“DROS fees”) to fund, among other things, DOJ’s firearms-related regulatory and enforcement activities related to the sale, purchase, possession, loan, or transfer of firearms.9

Out-of-State Firearm Purchases by California Residents

Under a law passed in 2014, and effective January 1, 2015,  a California resident may not, with certain limited exceptions, transport or bring any firearm purchased or obtained from outside of the state, unless the firearm is delivered to a dealer within California for delivery to that resident in compliance with all of California’s requirements for sale of a firearm, including a background check of the purchaser, 10-day waiting period, and presentation of a valid firearm safety certificate by the purchaser.10 This requirement does not apply in certain limited circumstances, including to a licensed firearm dealer or wholesaler acting within the scope of his or her business activities as a dealer or wholesaler, or to a licensed collector who is otherwise in compliance with California law11

Self-Assembled Firearms and Firearms Without Serial Numbers

Federally licensed importers and manufacturers have been required to engrave a serial number on every firearm imported or manufactured since 1968.12 Federal law generally prohibits anyone from transporting, shipping, receiving, or possessing any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered.13

California law prohibits the sale or transfer of any handgun unless the handgun bears either: 1) the name of the manufacturer, the manufacturer’s make or model, and a manufacturer’s serial number assigned to that firearm; or 2) the identification number or mark assigned to the firearm by DOJ.14 DOJ may, upon request, assign a distinguishing number or mark of identification to any firearm whenever it is without a manufacturer’s number, or other mark of identification.15

In 2016, California enacted a law that will require individuals who manufacture or assemble their own firearms, including either handguns or long guns, to first apply for a serial number from DOJ, pursuant to a background check. This requirement will become effective starting July 1, 2018.16 Subject to limited exceptions, any person who owns a firearm that does not bear a serial number as of July 1, 2018 will be required to apply to DOJ for a unique serial number before January 1, 2019.17 This law will also generally prohibit unlicensed individuals from selling or transferring self-assembled firearms after July 1, 2018,18 and it will make it a crime to knowingly allow, facilitate, or aid the manufacture or assembly of a firearm by a prohibited person.19

California law prohibits anyone from altering or removing the name of the maker, model, manufacturer’s number, or other mark of identification, including any distinguishing number or mark assigned by DOJ on any firearm, without DOJ’s permission.20 Under California law, with certain limited exceptions, it is a misdemeanor to knowingly buy, receive, sell, or possess a firearm that has had the name of the maker or model, or the manufacturer’s number or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, changed, altered, removed, or obliterated.21

Notes
  1. Cal. Penal Code § 27515. ⤴︎
  2. Cal. Penal Code § 27520(b). ⤴︎
  3. Cal. Penal Code §§ 27520(b), 27510. ⤴︎
  4. Cal. Penal Code §§ 27520(b), 27540. ⤴︎
  5. Cal. Penal Code § 28465. ⤴︎
  6. Cal. Penal Code § 27555. Shipments to or from entertainment firearms permit holders are exempt as long as the transfer involves the loan or return of a firearm used solely as a prop in a television, film, or theatrical production. Cal. Penal Code § 27835. ⤴︎
  7. Cal. Penal Code § 27555. ⤴︎
  8. Cal. Penal Code § 27555(c)(3). ⤴︎
  9. Cal. Penal Code § 28225. ⤴︎
  10. Cal. Penal Code § 27585. ⤴︎
  11. All exceptions to this requirement are listed at Cal. Penal Code § 27585(b). ⤴︎
  12. 18 U.S.C. § 923(i). ⤴︎
  13. 18 U.S.C. § 922(k). ⤴︎
  14. Cal. Penal Code § 27530. See also §§ 23920-23925. ⤴︎
  15. Cal. Penal Code § 23910. ⤴︎
  16. 2016 Cal. AB 857; Cal. Penal Code §§ 29180, 29182. ⤴︎
  17. Id. ⤴︎
  18. Cal. Penal Code § 29180(d). ⤴︎
  19. Cal. Penal Code § 29180(e). ⤴︎
  20. Cal. Penal Code § 23900. ⤴︎
  21. Cal. Penal Code § 23920. The exceptions to this requirement, including for acquisitions by peace officers and members of the military, are listed at Cal. Penal Code § 23925. ⤴︎