Frequently Asked Questions

  1. After January 1, 2017, will a firearms dealer be required to possess a Dangerous Weapons Permit in order to sell firearms that are affected by AB 1135/SB 880?
  2. How long does the Dangerous Weapons Permit application process take?
  3. What happens if a dealer doesn't acquire a Dangerous Weapons Permit by January 1, 2017, and they still have firearms that are affected by AB 1135/SB 880 in their inventory?
  4. What can a dealership do to ensure they are not in violation of any new assault weapon legislation?
  5. What if an individual initiates a DROS on a firearm that is affected by AB 1135/SB 880 on or before December 21, 2016, but the background check is delayed and determination is not provided by the Department of Justice by December 31, 2016?
  6. What if an individual initiates the DROS process on a firearm that is affected by AB 1135/ SB 880 through a dealer sale or private party transfer before January 1, 2017, but the 10-day waiting period doesn't end until after January 1, 2017, can they still pick up the firearm?
  7. What if an individual insists on initiating a private party transfer of a firearm affected by AB 1135/SB 880 after December 21, 2016, such that the delivery cannot take place until after January 1, 2017?
  8. Can a firearm that is affected by AB 1135/SB 880 that is registered under the new law be pawned?
  9. What if the DROS Entry System is unavailable on December 21, 2016?
  10. If the DROS Entry System is unavailable on December 21, 2016, will dealers be allowed to use the DROS worksheet (BOF 929)?
  11. What if the DROS Entry System is unavailable on December 31, 2016, how can firearms be delivered?
  12. Are there any circumstances in which the Department of Justice would allow for the delivery of a firearm affected by the new legislation (AB 1135/SB 880) after December 31, 2016.

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Firearms Dealers FAQs

  1. After January 1, 2017, will a firearms dealer be required to possess a Dangerous Weapons Permit in order to sell firearms that are affected by AB 1135/SB 880?

    YES. Beginning January 1, 2017, a firearms dealer must have a valid Dangerous Weapons Permit to sell firearms affected by AB 1135/SB 880.

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  3. How long does the Dangerous Weapons Permit application process take?

    At this time, applications are taking at least 1 year to process.

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  5. What happens if a dealer doesn't acquire a Dangerous Weapons Permit by January 1, 2017, and they still have firearms that are affected by AB 1135/SB 880 in their inventory?

    Pursuant to Penal Code Section 30600 a regular firearms dealer is not authorized to manufacture, distribute, transport, or import into the state, keep for sale, or offer or expose for sale or give or lend any bullet button assault weapons after January 1, 2017. A dealer who has applied for and received a Dangerous Weapons Permit specifically for assault weapons would be an exception to the above statement.

    Please note: Submission of a Dangerous Weapons Permit application does not constitute an exception for a dealer to have firearms that are affected by AB 1135/SB 880 in their possession after January 1, 2017. Dealers MUST have a DOJ issued Dangerous Weapons Permit for assault weapons.

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  7. What can a dealership do to ensure they are not in violation of any new assault weapon legislation?

    If you do NOT have a Dangerous Weapons Permit, you must deliver, or dispose of all firearms that are affected by AB 1135/SB 880 prior to January 1, 2017:

    • Conduct all AB 1135/SB 880 affected firearms sales (DROS) by no later than December 21, 2016, and ensure all firearms are picked up/delivered PRIOR to December 31, 2016, at 10:59:59 pm (the DROS Entry System is available from 7:00 am – 11:00 pm). It is strongly recommended that dealers plan accordingly and ensure they are able to deliver all firearms by said date and time.
    • For AB 1135/SB 880 affected firearms that are not sold (DROS'd) by December 21, 2016:
      • Transfer the firearms to a firearms dealers with a Dangerous Weapons Permit
      • Remove the characteristic(s) specified in Penal Code section 30515 that make the firearm an assault weapon (Please contact ATF for a determination as to whether making these changes would require a Type 07 FFL to manufacture)
      • Modify the firearm(s) so that it has a "fixed magazine" pursuant to Penal Code section 30515(b) (Please contact ATF for a determination as to whether making these changes would require a Type 07 FFL to manufacture)
      • Lawfully remove the firearm from this state
      • Make arrangements with the local police department or sheriff's office to relinquish the firearms. Call first. Do not go to the police department or sheriff's office without first making prior arrangements.

    Please note: it is the dealership's responsibility to ensure they are not in violation of any assault weapon laws. If you do not have a Dangerous Weapons Permit and are in possession of firearms that are affected by AB 1135/SB 880 after January 1, 2017, you will be prosecuted.

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  9. What if an individual initiates a DROS on a firearm that is affected by AB 1135/SB 880 on or before December 21, 2016, but the background check is delayed and determination is not provided by the Department of Justice by December 31, 2016?

    The dealer will NOT be able to deliver the firearm after December 31, 2016, regardless of the circumstances.

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  11. What if an individual initiates the DROS process on a firearm that is affected by AB 1135/ SB 880 through a dealer sale or private party transfer before January 1, 2017, but the 10-day waiting period doesn't end until after January 1, 2017, can they still pick up the firearm?

    NO. After January 1, 2017, the firearm affected by AB 1135/SB 880 will be considered an assault weapon and cannot be delivered -- regardless of the date the DROS was initiated.

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  13. What if an individual insists on initiating a private party transfer of a firearm affected by AB 1135/SB 880 after December 21, 2016, such that the delivery cannot take place until after January 1, 2017?

    Dealers should advise customers that firearms affected by AB 1135/SB 880 cannot be delivered to either the transferor or transferee after January 1, 2017, regardless of when the DROS was initiated.

    Private Party Transfers on firearms affected by AB 1135/SB 880 should not be initiated after December 21, 2016, unless the buyer has a 10-day waiting period exemption. Since a dealer cannot legally deliver a firearm affected by AB 1135/SB 880, they will not be required to process Private Party Transfers specific to those firearms.

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  15. Can a firearm that is affected by AB 1135/SB 880 that is registered under the new law be pawned?

    NO. Assault weapons cannot be pawned. Therefore, firearms identified as an assault weapon under the new law cannot be pawned after December 31, 2016.

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  17. What if the DROS Entry System is unavailable on December 21, 2016?

    The Department does not anticipate having any issues with the DROS Entry system.

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  19. If the DROS Entry System is unavailable on December 21, 2016, will dealers be allowed to use the DROS worksheet (BOF 929)?

    NO. The Department does not anticipate having any issues with the DROS Entry system.

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  21. What if the DROS Entry System is unavailable on December 31, 2016, how can firearms be delivered?

    The Department does not anticipate having any issues with the DROS Entry system. The delivery of firearms can ONLY, and MUST, be delivered within the DROS Entry System.

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  23. Are there any circumstances in which the Department of Justice would allow for the delivery of a firearm affected by the new legislation (AB 1135/SB 880) after December 31, 2016.

    NO. To the extent possible, firearms dealers should recommend that their customers not wait until the last minute to pick up their firearms.

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