Regulations: Dealer Record of Sale (DROS) Fee (Emergency)

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Summary
Existing law allows the Department to require a firearms dealer to charge each firearm purchaser a fee, called the “DROS Fee,” at the time of a transfer of firearms. The DROS fee is currently $19, as set by the CCR, Title 11, Section 4001, and authorized by Penal Code sections 28225 and 28230.

Assembly Bill (AB) 1669, effective January 1, 2020, decreases the fee authorized by Penal Code section 28225 to $1, and deletes a reference to section 16580.

AB 1669 adds a new section to the Penal Code, section 28233. Subdivision (b) of that section authorizes a new $31.19 fee for regulatory and enforcement activities related to the sale, purchase, manufacturing, lawful or unlawful possession, loan, or transfer of firearms pursuant to any provision listed in section 16580. Because the new fee in section 28233 funds the activities specified previously specified by section 28225, and because this fee is the principal fee charged at the time of each DROS transaction, the Department is naming the fee authorized by section 28233 the “DROS Fee.”

This emergency action sets the fee authorized by section 28233 at $31.19.

Sections Affected
California Code of Regulations, Title 11, Division 5, Chapter 1
Section: 4001

Status of the Proposal
The rulemaking is complete. On December 2, 2021, the Office of Administrative Law approved the Department of Justice’s proposed regulations and filed them with the Secretary of State. The regulations became effective upon filing with the Secretary of State.

Emergency Regulations Documentation

Readoption of Emergency Regulations

Second Readoption of Emergency Regulations

First Certificate of Compliance Documentation and Decision Not to Proceed

Second Certificate of Compliance – 45 Day Comment Period Documentation

Final Rulemaking Documents