California statute
Cal. Penal Code § 33865
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Title 4: Firearms, California Penal Code.
Full text of Cal. Penal Code § 33865
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
(a) When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. (b) The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay. (c) If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following: (1) The identity of the applicant. (2) A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. (3) If applicable, a description of the firearm by make, model, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted. (d) The department shall enter a record of the firearm into the Automated Firearms System (AFS), provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. (e) If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer. (f) If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process. (g) This section shall become operative on July 1, 2020.
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