§ 4045.1. Additional Documentation Requirements for Eligibility Checks with Federal Non-Complia...
11 CA ADC § 4045.1Barclays Official California Code of RegulationsEffective: January 12, 2023
Effective: January 12, 2023
11 CCR § 4045.1
§ 4045.1. Additional Documentation Requirements for Eligibility Checks with Federal Non-Compliant California Driver License or Identification Card.
This section applies to all firearms and ammunition eligibility checks, including any eligibility check described in Division 5. For the purposes of this section, “eligibility checks” refers to background checks based on any application or report for which an applicant is required to submit a driver license or identification card, or the number from a driver license or identification card, so that the Department of Justice may determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.
(b) For all eligibility checks, if the applicant presents a federal non-compliant California driver license or identification card with the notation “FEDERAL LIMITS APPLY” on the front, the applicant shall also submit proof of lawful presence in the United States, as specified in subdivisions (d) through (g), in the form of one of the following documents:
(c) For all eligibility checks, if the applicant's name as it appears on the federal non-compliant California driver license or identification card differs from the name on the proof of lawful presence document submitted in accordance with subdivision (b), the applicant shall also submit, as specified in subdivisions (d) through (g), one of the following certified documents:
For eligibility checks based on an application or report submitted to the Department of Justice in a paper format, the documents required in subdivisions (a) through (c) shall be submitted along with the paper application. Do not send any original documentation when submitting the paper application. These applications and reports include:
(3) The application forms referenced in section 4142 of Chapter 7 of this Division 5 and amended for purposes of this division as follows: Dangerous Weapons License/Permit(s) Application, form BOF 030 (Rev. 01/2020), or Dangerous Weapons License/Permit(s) Renewal Application, form BOF 031 (Rev. 01/2020). These forms include options to apply for the following licenses/permits:
For eligibility checks based on an application or report submitted to the Department of Justice electronically via CFARS, the documents required in subdivisions (a) through (c) shall be uploaded to CFARS as prompted during the application or reporting process. These applications and reports include:
For eligibility checks based on applications or reports submitted to the Department of Justice electronically via the DES, the firearms dealer or ammunition vendor shall examine the applicant's driver license or identification card. If the applicant's California driver license or identification card is federal non-compliant with the notation “FEDERAL LIMITS APPLY” on the front, the firearms dealer or ammunition vendor shall require the applicant to submit a copy of the document required in subdivision (b), as well as a copy of the document required in subdivision (c) if applicable. The firearms dealer or ammunition vendor shall retain a copy of the “FEDERAL LIMITS APPLY” driver license or identification card, as well as the supporting documents, as part of the permanent record. These applications and reports include:
(1) Application(s) to purchase a firearm. The firearms dealer shall confirm compliance with this subdivision on DES, as necessary during the application or reporting process. The firearms dealer shall keep a copy of the document(s) required in subdivisions (a) through (c) as part of the permanent record of the transaction described in Penal Code section 28215, subdivision (c).
(2) Applications to purchase ammunition, as described in Penal Code section 30370. The firearms dealer or ammunition vendor shall confirm compliance with this subdivision on DES, as necessary during the application or reporting process. The firearms dealer or ammunition vendor shall keep a copy of the document(s) required in subdivisions (a) through (c).
For eligibility checks based on applications or reports submitted to other agencies that include fingerprint data to be used by the Department of Justice to determine the applicant's eligibility to possess a firearm or ammunition under state or federal law, if the applicant presents a federal non-compliant California driver license or identification card with the notation “FEDERAL LIMITS APPLY” on the front, the agency shall require the applicant to submit copies of the documents required in subdivision (b), as well as a copy of the document required in subdivision (c) if applicable. The agency shall keep a copy of the documents required in subdivisions (a) through (c) as part of the permanent record of the application. The Department of Justice may request a copy of the document(s) at a future date. Applicants of these applications and reports include:
Credits
Note: Authority cited: Sections 28060, 28100, 28155, 28215 and 28220, Penal Code. Reference: Sections 832.15, 832.16, 13511.5, 16400, 18900, 18905, 23000, 26150, 26155, 26170, 26710, 26815, 27540, 27560, 27565, 27875, 27920, 27966, 28000, 28160, 28215, 28220, 28250, 29182, 29500, 30105, 30370, 31000, 31005, 32650, 32655, 32700, 32705, 32710, 32715, 33300, 33305 and 33850, Penal Code; Section 12101, Health and Safety Code; and Section 922, Title 18, United States Code.
History
1. New article 2 (section 4045.1) and section 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.
2. Change without regulatory effect amending subsection (d)(2)(A)-(E) filed 12-17-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 51).
3. New article 2 (section 4045.1) and section 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.
4. Editorial correction implementing 12-17-2019 nonsubstantive amendments (Register 2020, No. 13).
5. New article 2 (section 4045.1) and section 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.
6. Certificate of Compliance as to 3-25-2020 order, including amendment of subsections (b)(2), (d) and (d)(2)(A)-(d)(3), new subsections (d)(4)-(5) and amendment of subsections (e) and (f), 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).
7. Amendment of first paragraph and subsections (f)-(f)(2), new subsection (f)(3), amendment of subsection (g) and amendment of Note filed 6-30-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).
8. Amendment of first paragraph and subsection (f), repealer of subsection (f)(3), amendment of subsection (g) and amendment of Note filed 1-12-2023; operative 1-12-2023. Exempt from the APA pursuant to Statutes 2022, chapter 76 (AB 1621), section 39, and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 2).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 11, § 4045.1, 11 CA ADC § 4045.1
End of Document |