Cal. Code Regs. tit. 11 § 4025

Current through Register 2024 Notice Reg. No. 40, October 4, 2024
Section 4025 - Notification of Dealer Relinquishment After a Failed Private Party Transfer
(a) When a dealer delivers possession of a firearm to a law enforcement agency pursuant to Penal Code section 28050, subdivision (e) or (f), the dealer shall notify the Department within 72 hours after delivery of the firearm and report the following information:
(1) California Firearms Dealer number, dealer's name (as shown on license), business address and telephone number.
(2) A description of the firearm, including firearm type (i.e., handgun, rifle, shotgun, rifle/shotgun combination, or other), category (i.e., bolt action, carbine, double barrel, three barrels, four or more barrels, derringer, lever action, over and under, pump action, revolver, semi-automatic, or single shot), make, model, caliber, color, and serial number.
(3) The date the dealer is notified they cannot legally return the firearm to the transferor, seller, or person loaning the firearm.
(4) The name, date of birth, physical address, and identification type and number used on the DROS Entry System (DES) transaction record of the seller, transferor, or person loaning the firearm to whom the dealer could not legally return the firearm.
(5) A description of the law enforcement agency receiving the firearm (including name, address, telephone number, and ORI number) and name and badge number of law enforcement agency representative who took physical possession of the firearm on behalf of the law enforcement agency.
(6) Name and Certificate of Eligibility (COE) number of the dealer representative who transferred the firearm to the law enforcement agency.
(7) Date of transfer of the firearm from the dealer to the law enforcement agency.
(b) Before July 1, 2024, the dealer shall report the information in subdivision (a) on the Report of Dealer Relinquishment, form BOF 1041A. The form BOF 1041A shall be signed and dated by the dealer representative who physically delivered the firearm and the law enforcement agency representative who took physical possession of the firearm on behalf of the law enforcement agency. Additional firearm(s) shall be concurrently reported on form BOF 1041B. The form(s) must be sent by email to appsunitdoj@doj.ca.gov. Alternatively, the form(s) may be mailed to: Department of Justice, Bureau of Firearms -- APPU, P.O. Box 820200, Sacramento, CA 94203. If sent by mail, the form shall be postmarked within 72 hours of the delivery of the firearm to law enforcement.
(c) On and after July 1, 2024, the dealer shall report the information in subdivision (a), as well as the DROS or 45-day storage number for the failed private party transfer, through the DES. The dealer shall certify that the information reported is true and correct under penalty of perjury.

Cal. Code Regs. Tit. 11, § 4025

Note: Authority cited: Section 28050, Penal Code. Reference: Section 28050, Penal Code.

Note: Authority cited: Section 28050, Penal Code. Reference: Section 28050, Penal Code.

1. New article 5 (section 4025) and section filed 2-8-2023; operative 4/1/2023 (Register 2023, No. 6).
2. Amendment of section heading and subsections (a)(4) and (c) filed 3-6-2024; operative 7/1/2024 (Register 2024, No. 10).