Entertainment Firearms Permit

Senate Bill 231 (Statutes 2004, Chapter 606) establishes the Entertainment Firearms Permit (EFP). Subdivision (s) of Penal Code section 12078, as amended, authorizes EFP holders to possess firearms for use as props in motion picture, television, video, theatrical, or other entertainment productions. The EFP is recognized by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as an Alternate Brady Permit. Consequently, EFP holders are exempt from the federal National Instant Criminal Background Check System (NICS) check requirements for loans of unloaded firearms for use solely as props in a motion picture, television, video, theatrical, or other entertainment production or event. Loans of unloaded firearms from California firearms dealers licensed pursuant to Penal Code section 12071 to EFP holders for entertainment purposes are also exempt from the Dealer Record of Sale (DROS) requirements.

Penal Code section 12078 (s) (2), as amended, provides the following statutory exemptions to a Federal Firearms Licensee who loans an unloaded firearm for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event to a person who possesses a valid EFP issued pursuant to Section 12081:

• The private party dealer record of sale (DROS) filing requirement of subdivision (d) of Penal Code section 12072.
• The requirements of subdivision (f) of Penal Code section 12072 mandating the transfer of a firearm to a Federal Firearms Licensee (FFL) holder in this state not occur unless the FFL first provides proof of California firearms dealership licensure pursuant to Penal Code section 12071 or proof of exemption from California firearms dealership licensure requirements.
• The Penal Code section 12801 requirement that no person may loan any handgun to a person who does not possess a valid Handgun Safety Certificate.

Penal Code section 12078 (s) (2), as amended, also provides the following statutory exemptions to a California firearms dealer licensed pursuant to Penal Code section 12071 who loans an unloaded firearm for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event to a person who possesses a valid EFP issued pursuant to Section 12081:

• The firearms transfer requirements of subdivision (d) of Penal Code section 12071.
• The private party transfer requirements or subdivision (c) of Penal Code section 12072.
• The requirements of subdivision (f) of Penal Code section 12072 mandating the transfer of a firearm to a Federal Firearms Licensee (FFL) holder in this state not occur unless the FFL first provides proof of California firearms dealership licensure pursuant to Penal Code section 12071 or proof of exemption from California firearms dealership licensure requirements.
• The Penal Code section 12801 requirement that no person may loan any handgun to a person who does not possess a valid Handgun Safety Certificate.