Section 4422 - Background Checks Following Denials or Revocations Reversed by Court Order(a) Section 4421, subdivision (a), applies to background checks for initial applicants whose CCW license denials are reversed by court order pursuant to Penal Code section 26206, subdivision (f)(1). Section 4421, subdivision (b), applies to background checks for renewal applicants whose CCW license denials are reversed by court order pursuant to Penal Code section 26206, subdivision (f)(1). The Department shall notify the licensing authority of the results of the background check no later than 60 days from receipt of the applicant's fingerprints or the renewal notification.(b) When fingerprints are submitted to the Department following CCW license denials reversed by court order pursuant to Penal Code section 26206, subdivision (f)(1): (1) The Department shall provide a state or federal response to the licensing authority, pursuant to Penal Code section 11105, subdivision (l).(2) If the Department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant's eligibility to possess, receive, own, or purchase a firearm, the Department shall notify the licensing authority.(3) The Department shall furnish the licensing authority a criminal history report pertaining to the applicant. No new or renewal license shall be issued by any licensing authority unless the report confirms the applicant's eligibility to possess, receive, own, or purchase a firearm.(c) For CCW license revocations reversed by court order pursuant to Penal Code section 26206, subdivision (f)(2), the Department shall review the Prohibited Armed Persons File and the National Instant Criminal Background Check System (NICS) to determine the CCW license holder's eligibility under state and federal law to possess, receive, own, or purchase a firearm. If the person does not match an entry in the Prohibited Armed Persons File, the Department shall examine its records to determine the CCW license applicant's eligibility under state and federal law to possess, receive, own, or purchase a firearm. The Department shall notify the licensing authority of the results of the background check no later than 30 days from receipt of the court's order. No license shall be reinstated unless the Department confirms the applicant's eligibility to possess, receive, own or purchase a firearm.(d) Court orders issued pursuant to Penal Code section 26206, subdivision (f), shall be mailed to the Department: Department of Justice, Bureau of Firearms -- CCW Program, P.O. Box 160367, Sacramento, CA 95816-0367.Cal. Code Regs. Tit. 11, § 4422
Note: Authority cited: Sections 26206 and 26225, Penal Code. Reference: 26165, 26185 and 26206, Penal Code.
1. New section filed 1-2-2024 as an emergency; operative 1/2/2024. Pursuant to Penal Code section 26225(d) this action is a deemed emergency and exempt from OAL review. (Register 2024, No. 1). A Certificate of Compliance must be transmitted to OAL by 1-1-2026 or emergency language will be repealed by operation of law on the following day.