Regulations: Identification Requirements for Firearms and Ammunition Eligibility Checks

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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 rulemaking is complete. On April 27, 2020, the Office of Administrative Law approved the regulations and filed them with the Secretary of State. The regulations became effective upon filing with the Secretary of State.

Final Rulemaking Documents

Emergency Regulations Documentation

Readoption of Emergency Regulations

Second 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.