Regulations: DMV Redesign of Driver’s Licenses / Identification Cards

Notice Date: February 25, 2026

Summary:

In September 2025, the DMV began issuing driver's licenses and identification cards (DL/IDs) that do not contain the magnetic strip currently required by Penal Code section 28180 for firearms dealers and ammunition vendors to obtain a purchaser's name, date of birth, and driver's license or identification number for purposes of a firearms or ammunition purchase background check.

The purpose of this emergency package is to allow and require firearms dealers and ammunition vendors to use scanning devices to read identity information on the new DL/IDs. Currently, Penal Code section 28180 requires: "The purchaser's name, date of birth, and driver's license or identification number shall be obtained electronically from the magnetic strip on the purchaser's driver's license or identification and shall not be supplied by any other means, except as authorized by the department." (Pen. Code, § 28180, subd. (a).) This package would authorize and require firearms dealers and ammunition vendors to use scanners to obtain information from the new DL/IDs, pursuant to Penal Code section 28180's clause allowing for other means of obtaining the information "as authorized by the department." Without an emergency regulation to allow and require firearms dealers and ammunition vendors to obtain this information by another method—in particular, by scanning the (newly implemented) bar code on the DL/ID—firearms dealers and ammunition vendors will type in the information manually, which will increase the potential for data entry errors.

Sections Affected:

California Code of Regulations, Title 11, Division 5, Chapter 4

Adopt Section: 4045.2

Status of the Proposal:

The Department plans to file the emergency rulemaking package with the Office of Administrative Law (OAL) at least five working days from the date provided at the top of the notice. If you would like to comment on the Finding of Emergency or the proposed text, those comments must be made in writing only, must contain a notation that identifies the emergency regulation to which they relate, and must be received by both the Department and OAL within five calendar days of the Department's filing with OAL. The Department may respond to comments at its discretion.

Send comments simultaneously to:

Department of Justice
P.O. Box 160487
Sacramento, CA 95816
BOFregulations@doj.ca.gov

and

Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Fax: (916) 445-9515
Staff@oal.ca.gov

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.

Emergency Regulations: February 25, 2026