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§ 4210. Terms of Use and Required Information.

11 CA ADC § 4210Barclays Official California Code of RegulationsEffective: January 12, 2023

Barclays California Code of Regulations
Title 11. Law
Division 5. Firearms Regulations
Chapter 8. DROS Entry System (Des)
Effective: January 12, 2023
11 CCR § 4210
§ 4210. Terms of Use and Required Information.
(a) Firearms dealers and each of their authorized associates, authorized account associates, or salespersons, and ammunition vendors and each of their authorized associates, authorized account associates, or salespersons, who will use DES on behalf of the firearms dealer or ammunition vendor must agree to the following “Terms of Use:”
(1) NON-LIABILITY
The Department of Justice (Department) is not responsible for and will not have liability for hardware, software, information, or other items or any services provided by any persons other than the Department. Except as may be required by law, in no event shall either party be liable to the other or any third party, under any theory of liability, including, but not limited to, any contract or tort claim for any cause whatsoever, for any indirect, incidental, special or consequential damages, including loss of revenue or profits, even if aware of the possibility thereof.
(2) AUTHORIZATION
I am a licensed firearms dealer Certificate of Eligibility (COE) Holder, authorized associate, authorized account associate, or salesperson of the firearms dealer, or an ammunition vendor, authorized ammunition vendor associate, authorized ammunition vendor account associate, or ammunition vendor salesperson, and am authorized to use DES on behalf of the firearms dealer or ammunition vendor.
(3) ACCESS
The acquisition and maintenance of the device and software used to access the internet and interface with DES shall be the responsibility of each firearms dealer or ammunition vendor. Each authorized associate, authorized account associate, or salesperson shall request and use their own DES account after the Dealer COE Holder or ammunition vendor has granted authorization. The DES enables the Dealer COE Holder or ammunition vendor to authorize the functions each user is able to access.
(4) CONFIDENTIALITY AND UNAUTHORIZED USE
It is the responsibility of the user and the firearms dealer or ammunition vendor to protect the confidentiality of the individual password selected by each user to access DES.
If a Dealer COE Holder, authorized associate, authorized account associate, salesperson, ammunition vendor, authorized ammunition vendor associate, authorized ammunition vendor account associate or ammunition vendor salesperson becomes aware that an unauthorized user has obtained access to DES, they must notify the Customer Support Center immediately. Contact information is available upon logging into the DES account. Notwithstanding such notification, the Department shall not be liable for transaction charges fraudulently incurred on a DES account. It is the responsibility of the dealer or ammunition vendor to pay these transaction charges.
(5) TRANSACTIONS INVOLVING MULTIPLE FIREARMS (Firearms Dealers Only)
A transaction means a single sale, transfer, or loan of any number of firearms to one person at the same time. It is the responsibility of the user to indicate that a transaction consists of more than one firearm while entering Dealer Record of Sale (DROS) information for submission to the Department. If the user does not indicate that the transaction consists of more than one firearm prior to submission, another DROS fee will be required for the additional firearms.
Upon submission of a DROS, the fee will be charged to the dealer's account. The Department will not provide refunds after submission and acceptance of a DROS.
(6) TRUE AND ACCURATE INFORMATION
All of the information I submit to the Department through DES shall be true, accurate, and complete to the best of my knowledge.
(b)(1) To establish a DES user account as a Dealer COE Holder, who may sell, deliver or handle firearms, the following information shall be provided:
(A) Certificate of Eligibility (COE) number
(B) California Firearms Dealer (CFD) number
(C) Federal Firearms License (FFL) number
(D) Unique personal ID number (must be same ID # used to obtain COE)
(E) Complete name
(F) Three identity verification questions/answers
(G) User selected password
(2) To establish a DES user account as an authorized associate or salesperson, who may sell, deliver or handle firearms, the following information shall be provided:
(A) Certificate of Eligibility (COE) number
(B) California Firearms Dealer (CFD) number of dealer/employer
(C) Federal Firearms License (FFL) number of dealer/employer
(D) Unique personal ID number (e.g., CDL number or CID number)
(E) Complete name
(F) Three identity verification questions/answers
(G) User selected password
(3) To establish a DES user account as an authorized account associate, who shall not sell, deliver or handle firearms, the following information shall be provided:
(A) Certificate of Eligibility (COE) number of dealer/employer
(B) California Firearms Dealer (CFD) number of dealer/employer
(C) Federal Firearms License (FFL) number of dealer/employer
(D) Unique personal ID number (e.g., CDL number or CID number)
(E) Complete name
(F) Three identity verification questions/answers
(G) User selected password
(4) To establish a DES user account as an ammunition vendor, who may sell, deliver or handle ammunition, the following information shall be provided:
(A) Certificate of Eligibility (COE) number
(B) An ammunition vendor license number
(C) Unique personal ID number (e.g., CDL number or CID number)
(D) Complete name
(E) Three identity verification questions/answers
(F) User selected password
(5) To establish a DES user account as an authorized ammunition vendor associate or salesperson, who may sell, deliver or handle ammunition, the following information shall be provided:
(A) Certificate of Eligibility (COE) number
(B) An ammunition vendor license number of ammunition vendor
(C) Unique personal ID number (e.g., CDL number or CID number)
(D) Complete name
(E) Three identity verification questions/answers
(F) User selected password
(6) To establish a DES user account as an authorized ammunition vendor account associate, who shall not sell, deliver or handle ammunition, the following information shall be provided:
(A) Certificate of Eligibility (COE) number of ammunition vendor
(B) An ammunition vendor license number of ammunition vendor
(C) Unique personal ID number (e.g., CDL number or CID number)
(D) Complete name
(E) Three identity verification questions/answers
(F) User selected password

Credits

Note: Authority cited: Sections 28105, 28155, 28205, 30352 and 30370, Penal Code. Reference: Sections 28105, 28155, 28205, 28220 and 30395, Penal Code.
History
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 and Note filed 5-29-2019; operative 7-1-2019 (Register 2019, No. 22).
3. Change without regulatory effect amending subsection (a)(3) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).
4. Amendment of subsections (a) and (a)(2)-(4), new subsections (b)(7)-(b)(9)(F) 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).
5. Amendment of subsection (a) and subsections (a)(2)-(4), repealer of subsections (b)(7)-(9)(F) 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 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 11, § 4210, 11 CA ADC § 4210
End of Document