Issuance, Forfeiture, and Conditions of License to Sell, Lease, Or Transfer Firearms at RetailGrounds for Forfeiture of License
Section § 26800
This law states that a license for dealing in firearms can be forfeited if the dealer violates certain rules, with some exceptions. The department can fine a licensee up to $1,000 for a minor breach and up to $3,000 for violations that could lead to license forfeiture. Larger fines apply if the licensee ignored a warning or intentionally broke the rules. Dealers can appeal fines, and the money collected from these fines supports enforcement activities related to firearms. This law took effect on July 1, 2022.
Section § 26805
This law outlines where firearms dealers in California can conduct their business. Generally, they must operate from the buildings listed in their license. However, they can also handle firearms at gun shows or similar events as long as they're not using vehicles. They must show their license at these events and follow all relevant laws, including local regulations. Dealers can sell and transfer firearms, except handguns, at certain events and accept firearms donations for auctions. Firearms can be delivered to the buyer at the licensed location, event venue, or the buyer’s home or business.
Section § 26806
Starting January 1, 2024, businesses with a license must have a digital video surveillance system. This system needs to record clear images and audio inside, with fixed cameras covering entry points, areas where firearms are shown, and sales locations. It must record 24/7 at 15 frames per second, keep recordings for a year, and secure them against tampering or theft. The system should show time and date on recordings, and notify if there's a failure. Access to recordings is restricted but permitted for inspections without a warrant, under a search warrant or court order, or related to an insurance claim or legal process. A sign must warn visitors of surveillance at entrances. Businesses need to certify each year that their system works correctly. Local laws can add more rules as long as they don't clash with these requirements.
Section § 26810
This law requires that a person's license must be displayed in a place on their premises where it is easy for others to see, or a certified copy of the license should be displayed if the original is not available.
Section § 26811
Starting July 1, 2023, anyone with a license must have a general liability insurance policy that covers at least $1,000,000 per incident. Local authorities can still ask for more insurance than this law requires.
Section § 26815
This law prohibits delivering a firearm in California until at least 10 days after the purchase application, correction, or fee submission is made, whichever is later.
The firearm must be unloaded and either securely wrapped or in a locked container at the time of delivery.
The buyer has to show clear proof of their identity and age to the dealer.
If the Department of Justice indicates the buyer is banned from owning a firearm, the dealer must give them a form explaining the prohibition and how to find out the reason from the department.
Section § 26820
This law states that you can't display handguns, imitation handguns, or any signs advertising them in a place where they can easily be seen from outside a store or premises.
Section § 26825
This law requires firearm dealers to efficiently and correctly handle gun transactions as outlined in a specific set of rules starting with Section 28050.
Section § 26830
This law requires anyone with a license to follow specific rules and regulations laid out in various sections and articles of the California Penal Code. It covers obligations like adhering to sections regarding firearm sales, transfers, and other legal requirements.
Section § 26835
This law requires gun dealers to prominently display specific warning signs inside their shops. The signs remind customers to handle and store firearms responsibly, highlighting the risks and legal consequences if someone under 18 gains unauthorized access. It also advises against purchasing more than one firearm in a 30-day period and mandates reporting lost or stolen firearms to the police within five days. There are additional warnings about health risks from lead exposure when handling firearms and that federal law requires repeating the background check if a firearm isn't collected within 30 days.
Starting January 1, 2024, dealers must also post a warning about the increased risk of suicide and violence when firearms are present at home. This includes a prompt to call 988, a suicide prevention hotline.
Section § 26840
This law requires anyone buying a firearm from a dealer to show a valid safety certificate. For handguns, the buyer must have a specific handgun safety certificate that isn't expired. The dealer has to keep a copy of this certificate as proof. This rule started on January 1, 2015.
Section § 26845
If you're buying or borrowing a handgun in California, you must show proof that you live there. This can be through a recent utility bill, a lease, a property deed, or military orders. The gun dealer must keep a photocopy of this proof to show they've followed the law.
Section § 26850
California Penal Code Section 26850 requires that before a handgun can be delivered to a buyer by a firearms dealer, the buyer must perform a safe handling demonstration, unless specifically authorized otherwise by the department. This demonstration includes handling the gun with proper safety measures such as muzzle awareness (keeping the gun pointed in a safe direction) and trigger discipline (keeping the finger off the trigger). Depending on the type of handgun—semiautomatic pistol, double-action revolver, or single-action revolver—different specific steps must be followed, as outlined in other sections.
A buyer also needs to learn how to safely deal with a jam. The firearms dealer and the purchaser must sign and date an affidavit confirming the demonstration was done, and the dealer keeps this as proof. A department-certified instructor must witness the demonstration, but some exemptions exist, such as when a handgun is being returned to its owner or for certain individuals specified under related laws.`
Section § 26853
This section outlines the required steps for demonstrating safe handling of a semiautomatic pistol. First, remove the magazine and lock the slide back, or if not possible, check the chamber both visually and physically to ensure it is empty. Next, inspect the chamber, remove any safety device if needed, and load a visible dummy round (or an empty casing) into the magazine. Insert the magazine back into the firearm, manipulate the slide, then remove the magazine once more. Inspect the chamber to ensure a round can be chambered without the magazine. Lock the slide to eject the dummy round, and apply the safety and a firearm safety device if applicable. Some exceptions apply for Olympic competition pistols.
Section § 26856
This law details the steps required for safely handling a double-action revolver as part of a demonstration. First, you must open the cylinder and check that each chamber is empty. Then, remove any safety devices if they block the steps. Next, insert a clearly marked dummy round or an empty casing if no dummy is available, and ensure it's ready to fire. Close and later reopen the cylinder to eject the round, and double-check that the chambers are clear again. Finally, apply a safety device, unless it's an Olympic competition pistol without an approved safety device option.
Section § 26859
This law outlines the steps required for a safe handling demonstration of a single-action revolver. First, the loading gate must be opened, and each chamber checked to ensure the revolver is unloaded. The firearm safety device should be removed if it hinders any steps. A dummy round is then loaded into a chamber and rotated to the next-to-fire position or an empty casing may be used if no dummy round is available. The revolver must be unloaded again, and each chamber re-inspected. Finally, reapply the firearm safety device unless it is exempt, such as in the case of certain Olympic pistols.
Section § 26860
This law states that as of January 1, 2015, firearms dealers in California cannot give a long gun to a buyer unless the buyer shows they can safely handle it. This involves a demonstration where the buyer must load and unload the gun. A certified instructor must oversee the demonstration.
The gun dealer and the buyer must both sign an affidavit confirming the demonstration was done, and the dealer must keep this affidavit on file. There’s no need for a demonstration if the long gun is being returned to its original owner. Certain individuals, as specified by other regulations, are exempt from this requirement.
Section § 26865
If you are buying, receiving, or borrowing a gun, the seller must offer you a pamphlet with important information about firearms. The seller can charge you for this pamphlet, and this cost can be added to the price of the gun.
Section § 26866
This law requires anyone selling or transferring a firearm to provide the buyer with a pamphlet containing important safety information. The pamphlet must be the latest version and can be accessed online. Sellers can charge for the pamphlet if necessary. These rules will take effect on January 1, 2025.
Section § 26870
This law states that anyone with a license should not engage in collusion, which is a secret agreement or cooperation for a deceitful or illegal purpose, as specifically defined in another section (Section 27550).
Section § 26875
If you have a firearms license, you need to clearly display a list of all government fees and your own charges related to firearms transfers at your business location. This helps customers see exactly what they’ll be paying.
Section § 26880
This law states that anyone with a license cannot lie or give incorrect information about the fees that a government agency charges under the specified sections of the law.
Section § 26883
If you buy a firearm and decide to cancel the purchase during the 10-day waiting period, the store can't charge you a restocking fee or any return-related fee that's more than 5% of the firearm's cost. However, this rule doesn't apply if the firearm was a special, custom order that wasn't in stock.
Section § 26885
This California law requires licensed firearms dealers to keep all firearms at their licensed location unless specific conditions apply. If a firearm or ammunition that is part of their inventory or possession goes missing or is stolen, the dealer must report it to law enforcement within 48 hours.
Section § 26890
This law mandates that licensed firearm dealers in California store their firearms securely when they are not open for business. They can do this by keeping firearms in a secure facility on the premises, locking them with a sturdy steel rod or cable through the trigger guard, or placing them in a locked, fireproof safe. Local authorities can impose stricter security measures. If a licensee cannot meet these requirements due to factors beyond their control, they may request an exemption. However, these rules do not apply to certain nonprofit corporations that use firearms for fundraising events, as long as the firearms are not handguns.
Section § 26892
In California, licensed firearms dealers must store firearms for individuals under certain conditions. Firstly, a firearm can be stored voluntarily to prevent potential danger if it could be accessed by household members. The firearm must only be used for storage, and the storage period should be just long enough to prevent harm. Secondly, firearms can also be stored for other lawful reasons. When returning firearms, dealers must follow specific procedures. If the dealer cannot return the gun, the owner has 45 days to designate someone else to take possession; otherwise, the dealer must turn it over to law enforcement.
Dealers have 48 hours to notify the Department of Justice after receiving a firearm, and fees for storage are permissible. This law specifically applies to retail dealers selling firearms, with restrictions on the number of firearms stored and on the type of firearms a dealer must accept, depending on their inventory.
Section § 26894
California law prohibits licensed gun dealers from allowing people to win guns or other inventory through games of chance. However, this ban does not apply to nonprofit public benefit or mutual benefit corporations that have a dealer's license for the sole purpose of helping their organization or its chapters conduct events like raffles or auctions, specifically when firearms are involved, to raise funds for their activities.
Section § 26895
Starting from January 1, 1994, anyone who gets or renews a certain type of license must send a copy of that license to the Department of Justice.
Section § 26900
This law requires firearm licensees to keep a record of firearm transactions. They must make these records available for inspection during business hours by authorized personnel such as peace officers, local law enforcement employees, or designated Department of Justice employees. The records must be shown when these officials present proper identification.
The licensee is considered in compliance if they maintain a bound book that includes certain information as specified by federal regulations and those particular federal sections mentioned.
Section § 26905
If you own a firearm business, you need to report when you acquire a handgun, and starting from January 1, 2014, any firearm, to the Department of Justice on the day you receive it. This rule does not apply to certain situations, like if the firearm comes from a wholesaler, a licensed manufacturer or importer, or someone from outside California with the proper federal license. It also doesn't apply if you're a secondhand dealer abiding by specific business codes when reporting firearm acquisitions.
Section § 26910
If a licensed firearm dealer does not deliver a gun within a specified time, they must send information about it to the Department of Justice in the required format.
Section § 26915
Starting January 1, 2018, any agent or employee of a firearms dealer in California who handles, sells, or delivers guns must get a certificate of eligibility from the Department of Justice. This certificate ensures they are legally allowed to handle firearms. The Department will inform the dealer if an employee becomes ineligible. Local jurisdictions might require additional background checks, but can't charge for it, and can have stricter hiring laws based on criminal history that aren't covered by the certificate.
Dealers must prevent anyone they know is prohibited from having guns, from accessing unsecured firearms or their locks. An unsecured firearm can be safegaurded in specific ways, such as with approved locking devices, in a locked safe, a locked room, or secured with a strong cable through the trigger guard.
Section § 26920
Starting July 1, 2026, anyone handling sales, loans, or transfers of firearms or ammunition will need to complete annual training and obtain certification. This training will cover federal and state firearm laws, recognize fraudulent activities and straw purchasers, and identify illegal purchase attempts and potential misuse of firearms. It will also address preventing theft and teaching firearm safety. The training includes an exam for certification, and additional materials will help licensees spot gun trafficking. Records of completed training must be kept on-site and available for inspection. The department will maintain and update these training materials and may establish additional regulations if necessary.