Regulations: Certificates of Eligibility

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Summary
The broad objective of the regulation is to provide greater clarity on the COE application procedure and requirements. Revising the regulations will help ensure completion of applications and the accurate submission of information. The regulations provide applicants additional guidance on the live scan operator fingerprint process. The online account system, CFARS, will increase the efficiency of submitting the COE application, making any changes to required information, and processing the certificates. The proposed regulations also specify how to modify and cancel a COE, as well as the denial and revocation process, which are not detailed in the existing regulations.

The Department has found that the existing regulations regarding the private party transfer process were not necessary. Existing Penal Code sections explain the appropriate actions; therefore, the Department has chosen to repeal those regulations.

Sections Affected
California Code of Regulations, Title 11, Division 5, Chapter 3
Sections: 4030, 4031, 4032, 4032.5, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, and 4041

Status of the Proposal
This rulemaking is complete.

On April 22, 2019 the Office of Administrative Law approved the Department of Justice’s regulations regarding Certificates of Eligibility and filed them with the Secretary of State. This regulation becomes effective on July 1, 2019.

45-Day Comment Period Documentation


First 15-Day Comment Period Documents


Second 15-Day Comment Period Documents


Final Rulemaking Documents