Regulations: Dealer Record of Sale (DROS) Fee (Emergency)
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.
California Code of Regulations, Title 11, Division 5, Chapter 1
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 has been extended to October 28, 2020.
A notice of the readoption of this emergency regulation was sent, on October 9, 2020, to every person who has filed a request for notice of regulatory action with the agency. This notice was sent at least 5 working days prior to submission of the readoption of the emergency regulation to the Office of Administrative Law, in accordance with Gov. Code section 11346.1(a)(2).
This emergency regulation was readopted and effective on October 26, 2020, and will expire on May 25, 2021.
Emergency Regulations Documentation
- OAL Approval Letter, pdf
- Notice of Proposed Emergency Action, pdf
- Text of Proposed Regulations, pdf
- Finding of Emergency, pdf
- STD 399 Economic and Fiscal Impact Statement, pdf
- STD 399 Addendum, pdf
- STD 400, pdf
Readoption of Emergency Regulations
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.