I just got notified that my background check is on delay. What happens now?
The California Department of Justice (DOJ) is authorized to delay a transaction up to 30 days when the Department is unable to immediately determine the purchaser's eligibility. You will be receiving a letter directly from the DOJ. This is a boilerplate form so disregard references to a stolen gun. The DOJ will at some point during the 30 days make an approval or rejection of your application. There is nothing for you to do at this point but wait. If the 30-day period expires without a determination your application will default to Undetermined status.
My background check has defaulted to Undetermined. What happens now?
You will be receiving a letter from the DOJ stating that they were unable to make a determination of your eligibility to possess a firearm. The letter will imply that the weapon may be released by the store at their discretion. The default position of Southern California Gun in this situation is established by our legal counsel and is as follows:
While every retailer will make its own determination as to whether it will transfer any firearm, the safest course of action is to await approval before making any transfer, even if the law permits otherwise. While your determination here may vary from situation to situation, the default should be not to transfer in such circumstances while reserving the right to make exceptions as you deem appropriate. If the person is indeed prohibited and a crime or injury results you could be the subject of civil litigation.
In the event of an undetermined status where the store will not release the weapon you have the option to submit through live scan a firearms eligibility request. REQUEST FOR LIVE SCAN SERVICE
Take this form to a local live scan service and submit with payment. You will be fingerprinted and the request is then forwarded to Sacramento for processing. You will receive a letter from the state with one of two responses:
New laws were enacted that affect online purchases of ammunition. Gone are the days that you could order online and have it shipped to your home. Nope... you can still buy online, but here's how you'll need to go about getting it.
Senate Bill 1235 provides that as of January 1, 2018 all mail order ammunition into California must be processed through a licensed ammunition vendor. Southern California Gun will facilitate the transfer of ammunition from out of state sources to residents of California with the following guidelines.
Upon review and acceptance of these terms the recipient must provide the following information.
All this required information can be sent to us via our contact us page. Please just enter your name and number as the form asks and in the message field, provide the shipper name/contact info and quantity and caliber of ammo to be shipped.
New laws were enacted that affect online purchases of ammunition. Gone are the days that you could order online and have it shipped to your home. Nope... you can still buy online, but here's how you'll need to go about getting it.
The State of California has set a minimum age to purchase a firearm at 21 years of age. However, individuals 18 years of age may purchase a shotgun or rifle (excepting semi-automatic rifles) in the following manner.
Handgun purchasers must possess a Firearm Safety Card (or qualifying exemeption). The cost of taking test and receiving the card is $25. The study booklet is only available online. Click here to view it. The FSC is valid for 5 years from date of issuance.
10 days from the initiation of the DROS process.
For Rifles and shotguns - Presently there is not restriction to the number of long guns a person may purchase at one time. Beginning July 1, 2021 California law will restrict the purchase of rifles and shotguns to one firearm every 30-days. Private party transfers and consignment sales are exempt from the one-a-month restriction.
DROS stands for Dealer Record of Sale. It is the system used by the California Deptartment of Justice to perform background checks against purchasers of firearms. It is also the method in which handgun sales registration information is obtained.
California law requires that all firearms sold, be transferred with a cable lock, cable lock, qualifying gun cabinet or lock box, or gun safe. These devices may include those approved cable locks that come with the majority of new firearms or one that was purchased within the last 30 days, provided that it is accompanied by a receipt. State law dictates that persons who already own a safe or lock box can sign an affidavit attesting to ownership of those devices. However Federal law now requires that a cable lock accompany any handgun transfer without consideration of CA law. Effectively this means that safe affidavits are no longer acceptable since the Federal law went into effect. If the device that comes with your gun is on the "approved" list than you will not need to purchase another cable lock.
Want to order a gun from another website and have it shipped to you? No problem! We are a full service FFL (Federal Fireamrs Licensed) dealer. If you order a firearm on another website or store, you can have it shipped to us and we'll take care of the paperwork. There's a $100 transfer fee, a $40.69 registration fee (DROS) and we handle the background check. California tax must also be paid on the purchase amount for the firearm (7.75%). So basically, here's how it works:
It may be less expensive to negotiate with us first before paying all transfer anad shipping fees.
Perhaps this has happened to you or someone you know. You just spent a quiet afternoon perusing the internet or reading your favorite firearm magazine and have come to the realization that this is your perfect firearm. You drive down to your favorite LGS or call them on the phone only to learn that it is not approved for sale in California. The resulting discussion can be observed in our store on just about any day. What handguns are actually available for purchase and why?To try and clear this up follow the link below for some answers to the question.
In the meantime, visit our new hot items to see what has recently arrived. Yes, the featured items are all legal for purchase in California.
The State of California, Department of Justice, maintains a "Roster of Handguns Certified for Sale" which was created on January 1, 2001. The primary goal of this roster is:
"On and after January 1, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the pistols, revolvers, and other firearms capable of being concealed upon the person that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state pursuant to this title. The roster shall list, for each firearm, the manufacturer, model number, and model name."
How does a gun get on the Roster?
A manufacturer or an importer (and ONLY those) submits a handgun for testing. They must supply THREE copies of the gun to be tested, and pay a fee. (PC 12130)
The gun must pass a defined firing requirement (PC 12127) and a drop safety test (PC 12128). It must also meet other requirements in effect at the time it is submitted for testing, currently a magazine disconnect and a loaded chamber indicator for semi-automatic handguns. (PC 12126(b)(5))
The Roster shows an expiration date; what is that for?
That means it is time for the manufacturer/importer to pay the annual $200 fee for that model. If the fee is paid, the handgun stays on the Roster. Nothing else has to happen. If the fee is paid, no new requirements apply after an expiration date.
What happens to a gun if the manufacturer/importer does not pay the fee?
The gun drops off the Roster. Ordinarily, this happens because the manufacturer no longer sells that model.
Sometimes there is an administrative reason a fee is not paid. In at least one case, a manufacturer was allowed to certify that the gun as manufactured at that time was identical to the gun as tested when put on the Roster, and the gun was just put back on. [ 11 CA ADC 4070(e) ]
The Legislature passed a new law about handguns (e.g. microstamping). What does that mean for guns on the Roster?
Unless the Legislature writes the law differently, nothing. Guns on the Roster are not affected by laws passed after the gun was listed; so far, the changes have been required only for guns not yet on the Roster and offered for testing to get on the Roster after the effective date of the law. HOWEVER, it is unlikely that we will see any new semi-automatic handguns added to the roster in the future as they are required to have the microstamping feature of which no manufacturers are currently producing.
I don't get it. Guns on the Roster don't have to meet the new laws?
Right. Example: A Glock pistol was added to the Roster in 2001. Glock, Inc. continues to pay the annual fee.
Effective 2007, all semi-automatic handguns submitted for testing to get on the Roster must have both a magazine disconnect and a loaded-chamber indicator.
This requirement has no effect on guns already on the Roster, because the law is written as quote:
Commencing January 1, 2007, for all center fire semiautomatic pistols that are not already listed on the roster pursuant to Section 12131, it does not have both a chamber load indicator and if it has a detachable magazine, a magazine disconnect mechanism.
THEREFORE, the Glock does NOT need the magazine disconnect or loaded chamber indicator - it is already on the Roster, and the law is written to exclude guns already on the Roster. Consignment beauty!!
Someone can move into California as a legal owner of one or many handguns not on the Roster and bring them into the state. Any California resident can transfer a non-Roster handgun to another California resident using Private Party Transfer. That has to happen at an FFL dealer, but the Roster does not apply to PPT.
Inherited guns and intra-family (within California only) transfers - which do not use FFLs - are exempt from being on the Roster. Out of state to CA intra-family gifts are also exempt from the Roster, even though they must go through an FFL.
Falling off the Roster does not make handguns illegal and certainly does not make them unsafe in any meaningful usage of the term
Want to buy a gun from a private party? No problem! Sales conducted between unlicensed individuals are called Private Party Transfers. PPT's must be brokered through licensed dealers. Both parties must be present at the time of the sale. The purchaser bears the cost of the transaction ($47.19) and must meet all of the qualifications as outlined above. The firearms will remain at Southern California Gun during the 10-day waiting period.
California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.
The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.
Non-concealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.
California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported.
The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.