California Firearm Registration for New Residents

29 Apr, 2025

Moving to California as a firearm owner comes with a mandatory legal obligation to register firearms with the state. California’s stringent gun laws require new residents to register their firearms within a specific timeframe, a mandate that is often overlooked, leading to potential legal consequences. This article outlines the mandatory firearm registration requirement for new residents, the statute of limitations for non-compliance, the pros and cons of registering (including late registration scenarios), and a step-by-step guide to registering firearms correctly using the California Firearms Application Reporting System (CFARS).

Mandatory New Resident Firearm Registration Requirement

California law mandates that new residents who bring firearms into the state register those firearms with the California Department of Justice (DOJ) within 60 days of establishing residency. This requirement, outlined in California Penal Code Section 27560, applies to all firearms, including handguns, rifles, and shotguns, whether purchased in another state or brought from outside the country. The registration process is managed through the DOJ’s CFARS online portal.

Failure to comply with this mandate can result in penalties, including fines, firearm confiscation, or criminal charges, depending on the circumstances. The law is designed to maintain an accurate record of firearms owned by California residents, supporting public safety and law enforcement efforts.

Statute of Limitations for Non-Compliance

The statute of limitations for failing to register firearms as a new resident under California Penal Code Section 27560 is generally one year for misdemeanor violations, as per California Penal Code Section 802(a). This means that the state has one year from the date of the violation (i.e., 60 days after establishing residency) to initiate legal action against a non-compliant resident. However, if the failure to register is tied to other offenses (e.g., possession of an unregistered assault weapon), the statute of limitations may extend to three years for certain felonies under California Penal Code Section 801. Consulting a legal professional is recommended to understand specific circumstances.

Pros and Cons of Registering Firearm

If, however, a new resident fails to register prior to the lapse of the 60-day period after establishing residency, the new resident is often faced with the choice of whether they should still register late or not register at all. For those individuals, the following is provided to assist in the decision making process.

Pros of Registering Late (After 60 Days but Before Statute of Limitations)

  1. Mitigated Legal Risk: Registering late may reduce the severity of penalties if discovered by authorities, as it demonstrates an attempt to comply within the one-year statute of limitations.
  2. Restored Compliance: Late registration brings you into compliance, potentially avoiding confiscation or restrictions on firearm ownership.
  3. Proof of Ownership: Even late, registration provides documentation, useful for resolving ownership disputes or recovering stolen firearms.

Cons of Registering Late (After 60 Days but Before Statute of Limitations)

  1. Potential Penalties: Late registration may still incur fines or administrative sanctions, as it violates the 60-day mandate – though the DOJ is not known to prosecute late registrants.
  2. Increased Scrutiny: Late submissions may trigger additional DOJ review, especially if firearms don’t comply with California laws.
  3. Administrative Delays: The process may take longer due to additional documentation or DOJ inquiries about the delay.
  4. Privacy and Cost: The same privacy concerns and fees apply as with timely registration.
  5. Confiscation: Registration may lead to confiscation.

Pros of Registering After the Statute of Limitations

  1. Voluntary Compliance: Registering after the one-year statute of limitations may shield you from prosecution for the initial failure to register, as the state can no longer pursue misdemeanor charges for that violation.
  2. Legal Protection: Registration establishes a legal record, potentially protecting you in future interactions with law enforcement or during background checks.
  3. Ownership Documentation: Provides proof of ownership, even if registered years after moving to California.

Cons of Registering After the Statute of Limitations

  1. No Guarantee of Immunity: While the statute of limitations may prevent prosecution for the registration violation, other firearm-related offenses (e.g., possession of non-compliant firearms) could still lead to legal consequences.
  2. Complex Process: Registering long after the deadline may require additional documentation or legal assistance to explain the delay, increasing time and cost.
  3. Privacy and Cost: The same privacy concerns and fees apply, with no reduction for late registration.
  4. Potential Restrictions: Non-compliant firearms may need to be modified or surrendered, limiting your options.
  5. Confiscation: Registration may lead to confiscation.

Step-by-Step Guide to Registering Firearms Using CFARS

To comply with California’s mandatory firearm registration requirement or even register late, follow this guide to register your firearms using the CFARS system. Note that late registrations follow the same process but may require additional documentation or DOJ follow-up.

Step 1: Gather Required Information

Collect the following:

  • Personal Information: Full name, date of birth, address, and California driver’s license or ID number.
  • Firearm Details: Make, model, caliber, serial number, and date of acquisition for each firearm.
  • Proof of Residency: Documents like a utility bill, lease agreement, or California ID to confirm your residency date. For late registrations, include evidence of when you moved to California.
  • Payment Method: A credit or debit card for the registration fee (approximately $19 per transaction).

Step 2: Create a CFARS Account

  1. Visit the CFARS website at https://cfars.doj.ca.gov.
  2. Click “Register” to create a new account.
  3. Provide your email address, create a password, and complete the identity verification process.
  4. Log in to your CFARS account.

Step 3: Submit a New Resident Firearm Ownership Report

  1. In the CFARS portal, select the “New Resident Firearm Ownership Report” option.
  2. Enter your personal information, including your California address and residency start date. For late registrations, be prepared to explain the delay if prompted.
  3. Input details for each firearm, including make, model, serial number, and caliber.
  4. Upload required documentation, such as proof of residency or firearm purchase records.
  5. Review your application carefully for accuracy.

Step 4: Pay the Registration Fee

  1. Proceed to the payment section of the CFARS portal.
  2. Enter payment information to cover the registration fee (typically $19 per transaction, with additional costs for multiple firearms).
  3. Confirm the payment and save your transaction receipt.

Step 5: Submit and Track Your Application

  1. Submit your completed application through the CFARS portal.
  2. Receive a confirmation email with a tracking number.
  3. Monitor your application status in the CFARS portal. Processing may take weeks, and late registrations may face additional scrutiny.

Step 6: Address Any Follow-Up Requirements

  • If the DOJ requests additional information (e.g., proof of residency date or clarification on late filing), respond promptly through the CFARS portal.
  • Ensure firearms comply with California laws (e.g., magazine capacity limits, assault weapon restrictions). Non-compliant firearms may need modification, out-of-state storage, or surrender.

Step 7: Receive Confirmation

  • Upon approval, you’ll receive DOJ confirmation, and your firearms will be registered.
  • Keep the confirmation for your records as proof of compliance.

Tips for Success

  • Verify Information: Errors in serial numbers or personal details can lead to delays or rejections.
  • Act Promptly: Register as soon as possible to avoid missing the 60-day deadline or complicating late registration.
  • Document Delays: For late registrations, maintain records of your move-in date and reasons for delay to support your application.
  • Seek Legal Advice: If unsure about compliance, late registration, or statute of limitations implications, consult a firearms attorney.
  • Stay Updated: California’s firearm laws evolve, so check the DOJ website for current regulations.

Conclusion

California’s mandatory firearm registration for new residents is a critical legal obligation that must be completed within 60 days of establishing residency. Failing to comply risks prosecution, though the one-year statute of limitations for misdemeanor violations provides a window for late registration with reduced legal exposure. While registering involves time, cost, and privacy considerations, timely or even late compliance offers significant benefits, including legal protection and peace of mind. By carefully following the CFARS registration process outlined above, new residents can meet California’s requirements and avoid complications. For further details, visit the California DOJ’s website or contact The Davis Law Firm via 866-545-4867 or [email protected].