Regulations: Identification Requirements for Firearms and Ammunition Eligibility Checks (Emergency)

Summary
There have been significant changes recently to California driver licenses and identification cards, as well as to California law governing their use as evidence of citizenship or immigration status. These changes have affected the eligibility check process and have left firearm dealers and ammunition vendors, as well as law enforcement agencies, unable to rely on federal non-compliant licenses when determining whether a prospective purchaser or applicant is permitted to possess a firearm or ammunition, consistent with state and federal law.

The Department is concerned that firearm dealers and ammunition vendors may inadvertently sell firearms or ammunition to individuals who are not eligible under federal law because they are not lawfully present in the United States. This emergency regulation is necessary to secure the eligibility check process, and to assist firearm dealers and ammunition vendors, as well as law enforcement agencies, to obtain sufficient information that will allow for an accurate determination of whether a prospective purchaser or applicant is permitted to possess firearms or ammunition, consistent with federal law.

Sections Affected
California Code of Regulations, Title 11, Division 5, Chapter 4
Sections: 4002, 4045.1, 4142, 5478

Status of the Proposal
The emergency rulemaking was approved by the Office of Administrative Law and was readopted on December 31, 2019. Without further action, these regulations will expire March 31, 2019.

The Department is pursuing a Certificate of Compliance for this emergency action, to make the regulation permanent. The 45 day comment period for this rulemaking began on December 20, 2019 and will close on February 4, 2019 at 5:00 PM. Any interested person or their authorized representative may submit written comments relevant to the proposed regulatory action. For more information, please view the Notice of Proposed Rulemaking below under “45-Day Comment Period Documents”.

Emergency Regulations Documentation

Readoption of Emergency Regulations

45-Day Comment Period Documents

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