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§ 5513. Applicant and Firearm Identification Information Entered into CFARS by Applicant and th...

11 CA ADC § 5513Barclays Official California Code of RegulationsEffective: May 31, 2023

Barclays California Code of Regulations

Title 11. Law

Division 5. Firearms Regulations

Chapter 41. Unique Serial Number Applications

Article 2. Cfars Reporting of Unserialized Firearms or Firearm Precursor Parts Pursuant to Section 29180

Effective: May 31, 2023

11 CCR § 5513

§ 5513. Applicant and Firearm Identification Information Entered into CFARS by Applicant and the Department's Privacy Notice.

Currentness

(a) After creating a CFARS account pursuant to section 4340, the applicant shall provide certain identifying information to demonstrate that the applicant is not prohibited under either state or federal law from possessing, receiving, owning, or purchasing a firearm before the Department issues a unique serial number to the applicant. The applicant shall provide the following identifying information:

(1) The applicant's full name, residence street address, email address, telephone number, date of birth, gender, military or Department of Defense identification number (if applicable), California driver license number or California identification card number, U.S. citizenship status, place of birth, country of citizenship, and federal Citizenship and Immigration Services (USCIS) number or I-94 (if applicable).

(2) Copy of a valid California driver license or California identification card issued by the Department of Motor Vehicles, demonstrating the applicant is 21 years of age or older. Applicants with a federal non-compliant California driver license or identification card shall also comply with section 4045.1.

(3) Military personnel without a valid California driver license or California identification card issued by the Department of Motor Vehicles shall provide a copy of their permanent duty station orders stating the applicant is stationed in California.

(4) A description of the firearm that specifies: date of manufacture (the date its assembly will be complete or the date previously completed), manufacturer (if applicable), firearm type, category, model (if applicable), caliber, firearm color, barrel length, unit of measurement, type of material used to build the receiver (aluminum, steel, polymer plastic, iron, or other), whether it is a frame or receiver only, and additional identification marks (if applicable).

(A) If the applicant specifies the pistol category is “Single Shot,” they will also need to specify if the pistol is “Bolt Action” or “Break Top.”

(B) If the applicant specifies that the frame or receiver of the firearm being reported is made from material “other” than aluminum, steel, iron, or polymer plastic, the applicant shall provide a brief explanation of the type of material that was used to build the frame or receiver.

(5) The applicant's valid Firearms Safety Certificate (FSC) number. Instructions on obtaining a FSC can be found on: https://oag.ca.gov/firearms/fscinfo.

(b) If the identifying information in subdivisions (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is missing, the Department shall not process the applicant's request for a unique serial number until all required information is provided. The Department may request any missing identifying information. If the requested information is not received within 30 calendar days of the applicant being notified of the request in CFARS, the application will be denied.

(1) Collection and Use of Personal Information: the Division of Law Enforcement, Bureau of Firearms in the Department of Justice collects the information on this application pursuant to Penal Code sections 29180, 29182, 29183, and 29184. The Bureau of Firearms uses this information to process and assign a unique serial number to a firearm and to record firearm ownership for an applicant. In addition, any personal information collected by state agencies is subject to the limitations in the Information Practices Act and state policy. The Department of Justice's general privacy policy is available at: http://oag.ca.gov/privacy-policy.

(2) Providing Personal Information: all personal information on this application is mandatory. Failure to provide the mandatory personal information will result in the application not being processed.

(3) Access to Your Information: you may review the records maintained by the Division of Law Enforcement, Bureau of Firearms in the Department of Justice that contain your personal information, as permitted by the Information Practices Act.

(4) Possible Disclosure of Personal Information: in order to process and assign a unique serial number(s) to a firearm(s) for an applicant, we may need to share the information the applicant provides us with any Bureau of Firearms representative or any other person designated by the Attorney General upon request. The information you provide may also be disclosed in the following circumstances:

(A) With other persons or agencies when necessary to perform their legal duties, and their use of your information is compatible and complies with state law, such as for investigations, licensing, certification, or regulatory purposes;

(B) To another government as required by state or federal law.

Credits

Note: Authority cited: Section 29182, Penal Code. Reference: Sections 11106, 16400, 16535, 16670, 27510, 28160, 29180, 29182 and 31910, Penal Code; and Section 1798.17, Civil Code.

History

1. New section filed 5-21-2018; operative 7-1-2018 (Register 2018, No. 21).

2. Amendment of subsection (a)(1)(A) filed 12-28-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsection (a), redesignation of former subsections (a)(2)(B) as (a)(2)(A) and amendment of subsection (b) filed 5-28-2019; operative 7-1-2019 (Register 2019, No. 22).

4. Amendment of subsection (a)(1)(A) refiled 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsection (a)(1)(A) refiled 9-26-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 39). 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.

6. Certificate of Compliance as to 9-26-2019 order, including amendment of subsections (a)(1) and (a)(2), repealer and new subsection (a)(2)(A), new subsection (a)(2)(B), repealer and new subsection (b) and new subsection (d) transmitted to OAL 12-27-2019 and filed 1-28-2020; amendments operative 1-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).

7. Change without regulatory effect amending subsection (a)(1) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).

8. Amendment of section and Note filed 5-31-2023; operative 5-31-2023. Exempt from 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. 22).

This database is current through 5/10/24 Register 2024, No. 19.

Cal. Admin. Code tit. 11, § 5513, 11 CA ADC § 5513

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