California generally requires people to pass a written safety test and obtain a “firearm safety certificate” in order to be eligible to purchase or receive a firearm. While other states’ licensing laws require individuals to pass a background check to obtain a firearm purchase permit, California instead requires completion of a background check and other safety requirements at the point of sale.
Firearm Safety Certificate
Under California law, a person must obtain a Firearm Safety Certificate (“FSC”)1 in order to be qualified to purchase firearms, and must present the FSC to a licensed firearms dealer prior to purchasing or receiving a firearm.2 With certain exceptions, firearm loans also require that the recipient possess and present a valid FSC.3CCW license holders are exempt from the FSC requirement, as are active or honorably retired peace officers.4 The firearms dealer processing the transfer of the firearm must retain photocopies of the purchaser’s FSC for compliance purposes.5Once issued, a FSC is valid for five years.6
To obtain an FSC, an applicant must be at least 18 years old and successfully pass an objective, written test with a passing grade of at least 75 percent.7 The test must be administered by a California Department of Justice (“DOJ”) -certified instructor.8 The test must cover, but is not limited to, the following:
- The laws applicable to carrying and handling firearms;
- The responsibilities of ownership of firearms;
- Current law as it relates to the private sale and transfer of firearms;
- Current law as it relates to the permissible use of lethal force;
- What constitutes safe firearm storage;
- Issues associated with bringing a firearm into the home; and
- Prevention strategies to address issues associated with bringing firearms into the home.9
Additionally, FSC test takers must also sign to acknowledge that they have received notice of specified warnings regarding the need to comply with California’s gun laws and to responsibly handle and securely store their firearms to prevent access by children and unauthorized users.10
If a person taking the FSC test is unable to read, the examination will be administered orally and, if the person is unable to read English or Spanish, the test may be provided orally by a translator.11
DOJ may charge the certified instructor up to $15 for each firearm safety certificate issued by that instructor to cover the department’s cost in carrying out and enforcing the laws regarding FSCs. The certified instructor may in turn charge a fee of $25.12 DOJ is also required to produce a FSC instructional manual, along with audiovisual materials for the test, in addition to the objective test itself, in both English and Spanish. This manual is to be made available to firearms dealers, who must then make it available to the general public.13
California law lists certain information that every FSC must contain.14 If an individual’s FSC is lost or destroyed, the issuing instructor will issue a duplicate upon request and proof of identification, and the issuing instructor may charge a fee of up to $15 for a duplicate certificate.15
Safe Handling Demonstration
Before delivering a firearm, a firearms dealer in California must ensure the purchaser or transferee performs a safe handling demonstration with the firearm being purchased in the presence of a DOJ-certified instructor.16 With few exceptions, all firearms transfers must be processed through a licensed firearms dealer , so almost all transfers are subject to this requirement. California law lists the particular actions the purchaser or transferee must perform during the demonstration.17 For handguns, these actions differ depending on whether the firearm is a semiautomatic pistol, double-action revolver, or single-action revolver.18 For long guns, DOJ must, commencing January 1, 2015, issue regulations establishing a long gun safe handling demonstration that must include, at a minimum, loading and unloading the long gun.19 Safe handling performance steps for various long gun models are located in the DOJ Firearm Safety Certificate Study Guide. Concealed weapons license holders are exempt from these safe handling requirements.20
Entertainment Firearms Permits
To facilitate rentals of firearms for use in motion picture, television and other entertainment productions, California has created an “entertainment firearms permit.” This permit allows any person age 21, after passing a background check, to be exempt from normal firearms dealer transfer requirements when possessing or receiving an unloaded firearm for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event.21 Among other things, the following provisions of California law do not apply to a firearms transfer when the recipient is the holder of an entertainment firearms permit:
- The requirement that any firearm transfer be processed through a licensed firearms dealer ;22
- The requirement that the recipient of a handgun present a handgun safety certificate and demonstrate safe handling of the handgun;23
- The prohibition against receiving more than one handgun within 30 days ;24 and
- The ten-day waiting period.25
An entertainment firearms permit is valid for one year.26
Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.27 As a result, people who have California entertainment firearms permits are exempt from the federal background check requirement as well.28 Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.
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- Prior to January 1, 2015, this requirement applied only to handguns.
- Cal. Penal Code §§ 26840, 27540(e), 31615.
- Cal. Penal Code §§ 26840, 27540(e). For all exceptions to these requirements, see Cal. Penal Code §§ 31700-31835.
- Cal. Penal Code § 31700. All other FSC exemptions are also listed in this section.
- Cal. Penal Code § 26840.
- Cal. Penal Code § 31655(c).
- Cal. Penal Code §§ 31625, 31640, 31645. If an applicant fails the objective test on the first attempt, they must be offered additional instructional materials by the instructor. Cal. Penal Code § 31645(b). The applicant may not retake the written test until 24 hours have elapsed after the first attempt. Id. If the applicant desires to take a written test a second time, they will be given a different version of the test by the same instructor who administered the first test. Id. All tests must be taken from the same instructor, except upon permission by the Department of Justice for good cause. Id.
- Cal. Penal Code § 31640(a). The instructor certification requirements are available at Cal. Penal Code §§ 16370 and 31635.
- Cal. Penal Code § 31640.
- Cal. Penal Code § 31640(d).
- Cal. Penal Code § 31640(b).
- Cal. Penal Code § 31650.
- Cal. Penal Code §§ 31630,31640.
- The FSC must contain, but is not limited to, the following information:
• A unique firearm safety certificate identification number;
• The holder’s full name;
• The holder’s date of birth;
• The holder’s driver’s license or identification number;
• The holder’s signature;
• The signature of the issuing instructor; and
• The date of issuance. Cal. Penal Code § 31655.
- Cal. Penal Code § 31660.
- Cal. Penal Code §§ 26850; 26860. Following the safe handling demonstration, the dealer must sign, date, and retain an affidavit stating that the requirements have been met, and obtain the signature of the handgun or long gun purchaser on this affidavit. Cal. Penal Code §§ 26850(d), 26860(c). Failure to comply may result in removal of the dealer from California’s centralized list of firearms dealers. Cal. Penal Code § 26800.
- Cal. Penal Code §§ 26853, 26856, 26859.
- Cal. Penal Code § 26860(b).
- Cal. Penal Code § 26850(h).
- Cal. Penal Code §§ 27000, 27745, 27805, 27810, 27835, 27960, 28100, 31820, 31825. For information about the permitting process, see Cal. Penal Code §§ 29500-29535.
- Cal. Penal Code § 27960.
- Cal. Penal Code §§ 27000, 27745, 31820, 31825.
- Cal. Penal Code §§ 27540(f), 27745.
- Cal. Penal Code §§ 27540(a), 27745.
- Cal. Penal Code § 29530.
- Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
- Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department of Justice, Brady Law: Permanent Brady Permit Chart (Aug. 26, 2011), at: http://www.atf.gov/firearms/brady-law/permit-chart.html.