JurisdictionCaliforniaCode PENPenal Code - PEN
Div.6.
Title4.
Part 6.DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS
Ch. 6.CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms
Art. 3.ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice
This text of California § 28215. (28215. (Amended by Stats. 2021, Ch. 250, Sec. 17.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)
(1)Where the electronic or telephonic transfer of applicant information is used, the purchaser shall be required to present to the dealer clear evidence of the person’s identity and age.
(2)The dealer shall require the purchaser to sign the purchaser’s current legal name to the record of electronic or telephonic transfer.
(3)The salesperson shall sign the record of electronic or telephonic transfer, as a witness to the signature and identification of the purchaser.
(4)For the sale or transfer of a firearm to a person under 21
years of age pursuant to subdivision (b) of Section 27510, the salesperson shall visually inspect the hunting license to confirm that it is valid and unexpired and shall record the document number, GO ID, and dates valid.
(5)For the sale or transfer of
Free access — add to your briefcase to read the full text and ask questions with AI
(a)
(1)
Where the electronic or telephonic transfer of applicant information is used, the purchaser shall be required to present to the dealer clear evidence of the person’s identity and age.
(2)
The dealer shall require the purchaser to sign the purchaser’s current legal name to the record of electronic or telephonic transfer.
(3)
The salesperson shall sign the record of electronic or telephonic transfer, as a witness to the signature and identification of the purchaser.
(4)
For the sale or transfer of a firearm to a person under 21
years of age pursuant to subdivision (b) of Section 27510, the salesperson shall visually inspect the hunting license to confirm that it is valid and unexpired and shall record the document number, GO ID, and dates valid.
(5)
For the sale or transfer of a firearm to a person under 21 years of age pursuant to subdivision (b) of Section 27510, or to a person without a valid firearm safety certificate pursuant to subdivision (c) of Section 31700, if the dealer or salesperson, upon visual inspection of the hunting license, is unable to confirm that it is valid and unexpired, they shall not deliver the firearm.
(b)
Any person furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be
provided for the electronic or telephonic transfer shall be punished as provided in Section 28250.
(c)
(1)
The original of each record of electronic or telephonic transfer shall be retained by the dealer in consecutive order.
(2)
Each original shall become the permanent record of the transaction, which shall be retained for not less than three years from the date of the last transaction.
(3)
Upon presentation of proper identification, the permanent record of the transaction shall be provided for inspection by any peace officer, Department of Justice employee designated by the Attorney General, or agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
(d)
On the date of the application to purchase, the record of applicant information shall be transmitted to the Department of Justice by electronic or telephonic transfer.
(e)
(1)
A copy of the record of electronic or telephonic transfer shall be provided to the purchaser by the dealer at the time of delivery of the firearm and after the dealer notes the date of delivery and the dealer’s signature indicating delivery of the firearm, and the purchaser acknowledges the receipt of the firearm.
(2)
The requirements of this subdivision apply if a dealer is delivering a firearm pursuant to Section 27540 or Chapter 5 (commencing with Section 28050).
(f)
If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a copy shall be provided to the seller by the dealer at the time the record of electronic or telephonic transfer is signed by the seller. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy.