Regulations: Failed Private Party Transfers

Summary
The Department of Justice (Department) proposes to amend section 4025 and adopt section 4026 of title 11, division 5, chapter 2 of the California Code of Regulations concerning a dealer’s notice to the Department following a failed private party sale, transfer, or loan of a firearm.

Starting July 1, 2024, dealers must follow a new procedure after a failed private party transfer when they cannot legally return the firearm to the seller. The new procedure allows the seller to request the dealer to hold the firearm for up to 45 days and to designate another person to receive the firearm. A dealer who retains possession of a firearm for this purpose must notify the Department within 72 hours in a manner and format prescribed by the Department. (Pen. Code, § 28050, subd. (g).) The proposed regulation requires the dealer to report the retention of a firearm electronically via the DROS Entry System (DES).

NOTE:
Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.

Notice Register Publication Date: November 3, 2023

Status of the Proposal: This rulemaking is undergoing a 45-day public 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 pm on December 19, 2023. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to:

Mail written comments:

Department of Justice
P.O. Box 160487
Sacramento, CA 95816

E-mail: bofregulations@doj.ca.gov

The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Any person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons. The Final Statement will also be posted to this webpage upon completion of this rulemaking.

Public Notice and Related Documents

• Notice of Proposed Rulemaking.pdf
• Text of Proposed Regulations.pdf
• Initial Statement of Reasons.pdf
• Economic and Fiscal Impact Statement (STD 399).pdf
• STD 399 Attachment A.pdf
• Tips for Making Effective Comments.pdf