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California's Handgun License Law

California's Handgun License Law
by Ron Godwin, Mgr
12/10/02
Sources:
Multiple phone conversations with CA-DOJ personnel
Penal Code Section 12071(b)
DOJ Information Bulletin 2002-03-FD dated 11/22/2002.
DOJ Information Bulletin 2002-05-FD dated 11/22/2002.
Handgun Safety Certificate Manual, Nov 2002
NRA Sacramento Office
Here's what we have so far. The handgun license, (negotiated by the NRA!), is, in the text of the law itself, called a Handgun Safety "Certificate" (HSC). This is probably a sop to the NRA for compromising with the anti-gun Democrats. This way they can advertise to their membership that they defeated the Handgun License and "forced" the Democrat anti-gun legislators to stick to the Basic Firearms Safety Certificate (BFSC) style program. At best this is misleading, but don't take my word for it, call your NRA lobbyist, Ed Whorley, yourself at (916) 446-2455. When you're done talking to Ed, call Gun Owners of California at (916) 967-4970 and sign up with a zero compromise organization. Our current Sacramento NRA lobbyists, if left unchecked, will compromise us right out of our Second Amendment right.
The HSC is a license. You must take and pass a test, pay a $25 fee (, it is valid for 5 years after which it must be renewed. The BFSC requires you to take and pass a test, pay a $20 fee, and it was supposed to be valid indefinitely. It went away on Jan 1, 2003, having been replaced by the new HSC. Webster's New College Dictionary defines license as 1. a) Official or legal permission to do or own a specified thing. b) proof of permission granted, as in the form of a document <a driver's license>. The same dictionary defines a certificate as 1. A document testifying to truth or accuracy. 2. A document issued to a person completing a course of study not leading to a diploma. The HSC is permission to buy a handgun. At some future date it will probably be required to own a handgun. We will continue to refer to the HSC as a license. We presume the NRA and the anti-gun Democrats that wrote the law will continue to call it a certificate.
The difference is in the legal implications. The State of California has now figured out how to license a Constitutional guarantee. Further, while the NRA may argue that they negotiated out some of the more pernicious provisions, they must also admit that their "negotiation" left anti-gun legislators with the foundation and vehicle to add future restrictions. It is unreasonable to assume that future impediments to the private ownership of handguns in California will not be added.
As stated the HSC took effect Jan 1, 2003, costs $25 ($15 to DOJ and $10 Instructor fee), be valid for 5 years, and require the passage of a test. The test will be administered by interested gun dealers who must be qualified as CA-DOJ Firearms Instructors. In addition to having an HSC, prospective handgun buyers must also provide proof of residency in the State of California. At present this means that the dealer must retain photocopies of one of the following: utility bills or residential lease from within the last 90 days or a property deed, or military Permanent Change of Station (PCS) orders. At least one problem with this is that a spouse whose name does not appear on these papers is proscribed from buying a firearm.
Once the prospective handgun buyer gets through the HSC and it's $25 fee, the residence documentation, and the 10 day wait, the delivery process kicks in. The buyer must have an approved by California Firearm safety Device (FSD). This can take several forms, depending on what is or is not approved for the firearm in question. There are locking devices (locks/trigger/cable), lock boxes and lockers, and gun safes. The buyer must have the original receipt for locking devices that shows it was purchased within 30 days and that identifies the specific device by brand and model. Ditto for lock boxes approved for but a single handgun. The same receipt is required for lockers approved for multiple handguns but the receipt can be older than 30 days. Older HOMAKS and Stack-On lockers that were not California approved may not be used. Gun safes that are UL Residential Security Containers (RSC) or that meet a specific technical description require a receipt or you may sign an affidavit under penalty of perjury. Safes and lockers need not be presented at time of delivery. Locking devices and locks must be present at time of delivery. Handgun buyers must also correctly perform a safe handling demonstration in the presence of a CA-DOJ certified instructor. Both the firearms dealer and the recipient of the handgun are required to sign an affidavit, which the dealer is required to retain as proof of compliance. Persons who are exempt from the HSC requirement are also exempt from the safe handling requirement.
I almost forgot, we also have to take your thumbprint.
Now, the part everyone has been waiting for, the exemptions. Generally - consigned handguns being returned to owner, active duty U.S. Military, Active reserve components of the U.S. Military, honorably retired (is there another type of retired?) U.S. Military, active/retired CA and Federal Peace Officer, Level 1,2, or 3 Reserve Peace Officer, Carry Concealed Weapon (CCW) permit holder, and several other less likely exemptions - feel free to call for details.

How the NRA Screwed California Gun Owners into a Handgun License The Dems wanted a Handgun License. They wanted a full set of fingerprints from handgun owners, a written test, a shooting test, a safe handling demonstration, registration of all handguns, a larger fee, and an expiration date on the license. The NRA gave them almost everything PLUS! The NRA also picked up the status of "Entity Recognized by DOJ as Providing Comparable Handgun Safety Training to Those Entities Specified by Penal Code section 12804(j)". This means that the NRA makes money $$$$!!!! on this new law! How do you spell CONFLICT OF INTEREST!
Check the chart below for details and if you think we're making this up, call Ed Whorley or Paul Payne, the NRA lobbyists in Sacramento and see how defensive they are of their "certificate". The number is (916) 446-2455.
If you agree with us please call the NRA and demand that they be removed immediately. The HSC isn't the only thing your being screwed on!

What the Democrats wanted
What the NRA gave them
What you & I lost

Democrat Legislative Proposal NRA negotiated compromise What we lost

Full set of fingerprints on handgun buyers Right thumb print only Criminals are no longer the only ones who get fingerprinted. A full set can easily be written in later. What's next? Mug shots? Hey! With the NRA's history and tradition of compromising it's a valid question!

Written Test Fine by us! Another written test with up to a 4 year prison sentence for dealers who cheat. The legislature acts as if it is a chronic problem when we've never heard of even one instance! We believe that the Legislature is just inventing/looking for reasons to jail gun dealers. One employee can put a business out of business!

A Shooting Test No shooting test Nice of the NRA to say no. Why did the Dems agree? Because the NRA sponsored HSC law can easily modify this requirement into existence. Only dealers with range access could deliver a firearm.

A Safe Handling Demonstration Fine by us! Forces everybody that's not HSC exempt, experienced shooter or not, to perform a poorly written and confusing safe handling demonstration before they can take possession of their handgun. By the way, it takes on average 15-20 minutes of time and creates an additional administrative burden for gun dealers, resulting in a higher cost of handguns to you.

An expiration date 5 years okay? The Basic Firearm Safety Certificate which the HSC replaced, was good indefinitely. The HSC expires after 5 years.

Increased fee 25% okay? The BFSC which never expired and was available after an almost identical 30 question test cost $20. The HSC cost $25 and expires in 5 years. But wait! There's more! The $5 increase goes to DOJ and they do less work for it - we the dealers have to maintain the records for them! Wouldn't we all like to get paid more for doing less? (A BFSC issued in DEC 02 was no good in JAN 03 - no slack for gun owners!)

Registration of all your handguns Only register the handgun being purchased Apparently registering handguns in mass is unacceptable to the NRA but registering them one at a time is okay! Why did the Dems agree? Because the NRA sponsored HSC law can easily modify this requirement into existence and - WAKE UP! - they pretty much know what you have now anyway. Go ask any cop! The NRA blew a chance to fight for something important.

DOJ rated instructors to proctor everything Fine by us - as long as we can make some money as an "Entity Recognized by DOJ as Providing Comparable Handgun Safety Training to Those Entities Specified by Penal Code section 12804(j)" When dealers have to spend time and money to comply with the law, the cost is passed on to you, the consumer. Worse, DOJ has no funding at present (10/03) to qualify instructors. No instructors means no gun deliveries. Gun dealers are left at the mercy of "Entity Recognized by DOJ as Providing Comparable Handgun Safety Training ...". We at the El Cajon Gun Exchange have qualified at our own expense to train others and to date have provided training to many of our competitors, on request, at no charge. Your 2nd Am. rights are more important than our profits.

Fewer exemptions Fine by us! We lost Honorably Discharged Military, Hunter Safety Certificate, CA Hunting License, and more. They didn't even grandfather BFSC holders who already took and passed almost the same test!

We want to call it a "Handgun License" Absolutely not! It must be called a "Certificate"! How else can we tell gun owners that we successfully kept a "Handgun License" from becoming a reality in California? After all, we don't actually want to lie about it, do we? Finally a firm stand by the NRA! Let's see... It cost $25, you take a test to get it, you can't buy a handgun without it, it expires in 5 years... sounds like a license to me! Thank you NRA! We now have a Handgun License in California!

One last thing- Call your legislator!
Tell them it's the repeating Criminal, and not the repeating Firearm!

E Mail Us!

BACK TO LEGISLATION

Democrat Legislative Proposal	NRA negotiated compromise	What we lost
Full set of fingerprints on handgun buyers	Right thumb print only	Criminals are no longer the only ones who get fingerprinted. A full set can easily be written in later. What's next? Mug shots? Hey! With the NRA's history and tradition of compromising it's a valid question!
Written Test	Fine by us!	Another written test with up to a 4 year prison sentence for dealers who cheat. The legislature acts as if it is a chronic problem when we've never heard of even one instance! We believe that the Legislature is just inventing/looking for reasons to jail gun dealers. One employee can put a business out of business!
A Shooting Test	No shooting test	Nice of the NRA to say no. Why did the Dems agree? Because the NRA sponsored HSC law can easily modify this requirement into existence. Only dealers with range access could deliver a firearm.
A Safe Handling Demonstration	Fine by us!	Forces everybody that's not HSC exempt, experienced shooter or not, to perform a poorly written and confusing safe handling demonstration before they can take possession of their handgun. By the way, it takes on average 15-20 minutes of time and creates an additional administrative burden for gun dealers, resulting in a higher cost of handguns to you.
An expiration date	5 years okay?	The Basic Firearm Safety Certificate which the HSC replaced, was good indefinitely. The HSC expires after 5 years.
Increased fee	25% okay?	The BFSC which never expired and was available after an almost identical 30 question test cost $20. The HSC cost $25 and expires in 5 years. But wait! There's more! The $5 increase goes to DOJ and they do less work for it - we the dealers have to maintain the records for them! Wouldn't we all like to get paid more for doing less? (A BFSC issued in DEC 02 was no good in JAN 03 - no slack for gun owners!)
Registration of all your handguns	Only register the handgun being purchased	Apparently registering handguns in mass is unacceptable to the NRA but registering them one at a time is okay! Why did the Dems agree? Because the NRA sponsored HSC law can easily modify this requirement into existence and - WAKE UP! - they pretty much know what you have now anyway. Go ask any cop! The NRA blew a chance to fight for something important.
DOJ rated instructors to proctor everything	Fine by us - as long as we can make some money as an "Entity Recognized by DOJ as Providing Comparable Handgun Safety Training to Those Entities Specified by Penal Code section 12804(j)"	When dealers have to spend time and money to comply with the law, the cost is passed on to you, the consumer. Worse, DOJ has no funding at present (10/03) to qualify instructors. No instructors means no gun deliveries. Gun dealers are left at the mercy of "Entity Recognized by DOJ as Providing Comparable Handgun Safety Training ...". We at the El Cajon Gun Exchange have qualified at our own expense to train others and to date have provided training to many of our competitors, on request, at no charge. Your 2nd Am. rights are more important than our profits.
Fewer exemptions	Fine by us!	We lost Honorably Discharged Military, Hunter Safety Certificate, CA Hunting License, and more. They didn't even grandfather BFSC holders who already took and passed almost the same test!
We want to call it a "Handgun License"	Absolutely not! It must be called a "Certificate"! How else can we tell gun owners that we successfully kept a "Handgun License" from becoming a reality in California? After all, we don't actually want to lie about it, do we?	Finally a firm stand by the NRA! Let's see... It cost $25, you take a test to get it, you can't buy a handgun without it, it expires in 5 years... sounds like a license to me! Thank you NRA! We now have a Handgun License in California!