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

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 emergency rulemaking was approved by the Office of Administrative Law on December 30, 2019, and went into effect on January 1, 2020. According to the OAL approval, the regulations were due to expire on June 30, 2020. Pursuant to Executive Order N-71-20, the expiration date for the regulations was extended to October 28, 2020. The emergency regulation was readopted, effective October 26, 2020, and was set to expire on May 25, 2021. The emergency regulation was readopted a second time, effective May 25, 2021, and is set to expire on December 22, 2021.

The Department submitted notice to the public on January 29, 2021 of a proposed action to comply with Government Code section 11346.1, subdivision (e), making permanent the emergency regulation. The Department then submitted notice to the public on August 13, 2021 of its decision not to proceed with that action.

The Department submitted a notice to the public on August 13, 2021 of a new proposed action to comply with Government Code section 11346.1, subdivision (e), making permanent the emergency regulation. This proposed action is currently in the 45-day comment period.

Any interested person or their authorized representative may submit written comments regarding the proposed regulatory action. The written comment period closes at 5:00 p.m. on September 28, 2021. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by the Department’s staff.

The public can submit comments in the following ways:

  • Mail written comments:
    • Kelan Lowney
      Bureau of Firearms
      Division of Law Enforcement
      Department of Justice
      P.O. Box 160487
      Sacramento, CA 95816-0487
  • Email: DROSFeeincrease@doj.ca.gov
  • Attend a Public Hearing at the time and place announced in the Notice of Proposed Rulemaking.

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

Anyone submitting a comment regarding a proposed action has the right to request a copy of the final statement of reasons

NOTE: This webpage will be deleted 12 months after the rulemaking is completed and the regulation is filed with the Secretary of State.