Cal. Code Regs. Tit. 11, § 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.
Notes
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.
2. Amendment of section heading, section and Note filed 5-29-2019; operative
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