Regulations: Failed Private Party Transfers

Summary
The Department of Justice (Department) proposes to amend section 4025 and adopt section 4026 of title 11, division 5, chapter 2 of the California Code of Regulations concerning a dealer’s notice to the Department following a failed private party sale, transfer, or loan of a firearm.

Starting July 1, 2024, dealers must follow a new procedure after a failed private party transfer when they cannot legally return the firearm to the seller. The new procedure allows the seller to request the dealer to hold the firearm for up to 45 days and to designate another person to receive the firearm. A dealer who retains possession of a firearm for this purpose must notify the Department within 72 hours in a manner and format prescribed by the Department. (Pen. Code, § 28050, subd. (g).) The proposed regulation requires the dealer to report the retention of a firearm electronically via the DROS Entry System (DES).

NOTE:
Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.

Notice Register Publication Date: November 3, 2023

Status of the Proposal: The rulemaking is complete. On March 6, 2024, the Office of Administrative Law approved the regulations and filed them with the Secretary of State. The regulations become effective on July 1, 2024.

Final Rulemaking Documents:

• OAL Approval Letter.pdf
• Final Text of Proposed Regulations.pdf
• Final Statement of Reasons.pdf
• Updated Informative Digest.pdf

Public Notice and Related Documents

• Notice of Proposed Rulemaking.pdf
• Text of Proposed Regulations.pdf
• Initial Statement of Reasons.pdf
• Economic and Fiscal Impact Statement (STD 399).pdf
• STD 399 Attachment A.pdf
• Tips for Making Effective Comments.pdf