In California, the term “consultant-evaluator” in the context of firearm laws refers to a consultant or evaluator who, in the course of their profession, is loaned firearms from a federally licensed firearms dealer for research or evaluation purposes and holds a current Certificate of Eligibility (COE) issued pursuant to California Penal Code section 26710. These individuals are granted specific exemptions under California firearm laws, primarily related to temporary access to Unsafe Handguns, the Handgun Safety Certificate (HSC) or Firearm Safety Certificate (FSC) requirements, and certain handling or transfer protocols.
Scenario 1: John is a firearms researcher working for a company developing new handgun safety technologies. His job requires testing various handguns, including models not on California’s Roster of Handguns Certified for Sale (“unsafe handguns”), to evaluate their performance and safety features. Jane holds a valid Certificate of Eligibility (COE) and needs to borrow a specific off-Roster handgun from a federally licensed firearms dealer for a two-week research project.
Scenario 2: Austin is a YouTuber who runs a popular firearms review channel, specializing in detailed evaluations of handguns for his audience. As part of his professional work, he needs to review a new handgun model that is not on California’s Roster of Handguns Certified for Sale (“unsafe handgun”). Austin holds a valid Certificate of Eligibility (COE) and collaborates with a federally licensed firearms dealer to borrow the handgun for a one-week video review project.
Consultant-Evaluator Exemptions in California Firearm Laws
- Exemption from Handgun Safety Certificate (HSC) Requirement:
- Consultant-evaluators are exempt from the requirement to possess an HSC or FSC when acquiring or handling firearms as part of their professional duties. This exemption applies because their role involves evaluating firearms for research or professional purposes, and they are assumed to have sufficient expertise.
- Specifically, California Penal Code section 31700 outlines exemptions from the FSC requirement, and consultant-evaluators are included due to their professional engagement with firearms under controlled conditions.
- Loan of Firearms:
- Consultant-evaluators may be loaned firearms by federally licensed firearms dealers (under Chapter 44, Title 18 of the U.S. Code) for research or evaluation without needing to complete a standard 4473 or Dealer’s Record of Sale (DROS) process or meet FSC requirements.
- For the loan to be valid, specific documentation is required:
- A letter from the licensed dealer detailing the bona fide business purpose for the loan and confirming the consultant-evaluator’s professional relationship.
- A form signed by the consultant-evaluator indicating the date the firearm is loaned and the last day it may be returned.
- Certificate of Eligibility (COE) Requirement:
- To qualify as a consultant-evaluator, the individual must possess a valid COE, which verifies that they are not prohibited from possessing firearms under state or federal law. The COE is issued by the California Department of Justice (DOJ) and requires a background check.
- Scope of Exemption:
- The exemption is narrowly tailored to the professional activities of the consultant-evaluator. It does not extend to personal firearm purchases or ownership outside their professional duties. For personal acquisitions, they must comply with standard California firearm laws, including FSC requirements, background checks, and the 10-day waiting period, unless otherwise exempt (e.g., as a peace officer).
- Limitations and Compliance:
- Consultant-evaluators must adhere to strict protocols when handling loaned firearms to ensure compliance with state and federal laws. This includes securing firearms appropriately and returning them by the agreed-upon date.
- They are not exempt from other California firearm restrictions, such as those on assault weapons, large-capacity magazines.
Additional Context
- Unsafe Handgun Roster: Consultant-evaluators may handle handguns not listed on California’s Roster of Handguns Certified for Sale (i.e., “unsafe handguns”) if loaned for professional evaluation. However, they cannot purchase or transfer these handguns for personal use unless they fall under another exemption (e.g., as a sworn peace officer).
- Verification: Individuals claiming consultant-evaluator status must provide documentation to the DOJ or firearms dealer to confirm their eligibility, including their COE and proof of professional engagement.
Practical Implications
Consultant-evaluators are typically professionals like firearms instructors, writers, researchers, or industry evaluators who need to test or analyze firearms as part of their work. The exemption facilitates their ability to perform these duties without the administrative burden of obtaining an FSC for each transaction. However, they must maintain strict compliance with documentation and eligibility requirements to avoid legal issues
Key Points About California Firearm Laws for Consultant-Evaluators
- FSC Exemption: Consultant-evaluators are exempt from needing a Handgun Safety Certificate (HSC) or Firearm Safety Certificate (FSC) when acquiring or handling firearms for professional purposes, as outlined in California Penal Code section 31700.
- COE Requirement: A valid Certificate of Eligibility (COE), issued under Penal Code section 26710, is mandatory to qualify for exemptions, requiring a background check to confirm the individual is not prohibited from possessing firearms.
- Loan Documentation: Firearm loans from federally licensed dealers require specific documentation, including a dealer’s letter stating the business purpose and a signed form noting the loan and return dates, ensuring compliance with state and federal regulations.
- Unsafe Handgun Access: Consultant-evaluators may handle handguns not on California’s Roster of Handguns Certified for Sale (“unsafe handguns”) for evaluation, but they cannot purchase or transfer these for personal use unless otherwise exempt.
- Limited Scope of Exemption: Exemptions apply only to professional activities, not personal firearm purchases, which require adherence to standard laws like FSC, background checks, and the 10-day waiting period, unless other exemptions apply (e.g., peace officer status).
Step-by-Step Policy Guide
Step 1: Verify Eligibility as a Consultant-Evaluator
- Confirm Professional Role: Ensure your profession involves evaluating or researching firearms (e.g., firearms instructor, researcher, or industry evaluator).
- Understand Exemption Scope: You are exempt from FSC requirements for professional firearm handling and may access “unsafe handguns” for evaluation. However, exemptions are limited to professional duties, not personal use.
- Check Additional Status: If you hold other roles (e.g., peace officer or licensed collector), you may qualify for further exemptions, but these are separate from consultant-evaluator status.
Step 2: Obtain a Certificate of Eligibility (COE)
- Apply for a COE:
- Submit an application via the California Firearms Application Reporting System (CFARS) through the California Department of Justice (DOJ).
- Provide fingerprints, personal details, and pass a background check to confirm eligibility.
- Maintain COE Validity:
- Renew your COE annually to keep it active.
- Keep COE documentation ready for verification during firearm loans.
- Resources: Visit oag.ca.gov/firearms for COE application details and fees.
Step 3: Partner with a Federally Licensed Firearms Dealer
- Find a Licensed Dealer:
- Identify a dealer licensed under Chapter 44, Title 18 of the U.S. Code willing to loan firearms for professional evaluation.
- Provide Documentation:
- Show your valid COE to confirm eligibility.
- Submit proof of your professional role (e.g., business credentials or contract) to establish the loan’s purpose.
- Build a Relationship: Ensure the dealer understands your role as a consultant-evaluator to streamline future loans.
Step 4: Request a Firearm Loan
- Prepare Documentation:
- Dealer’s Letter: Obtain a letter from the dealer specifying the bona fide business purpose (e.g., research or evaluation) and your professional relationship.
- Loan Form: Complete a form detailing:
- The date the firearm is loaned.
- The last date for return.
- Select Firearms:
- You may request handguns, including “unsafe handguns” not on California’s Roster, if needed for evaluation.
- Other firearms may be loaned based on your professional needs and the dealer’s inventory.
- Verify Compliance:
- Ensure all documentation is accurate and complies with state and federal laws.
- Confirm restrictions on items like assault weapons or large-capacity magazines are followed.
Step 5: Handle Firearms Responsibly
- Secure Firearms:
- Store and transport firearms per California laws (e.g., in locked containers during transport, securely stored when not in use).
- Use firearms solely for the professional purpose outlined in the loan agreement.
- Monitor Loan Period:
- Adhere to the return date specified in the loan form.
- Request an extension if needed, updating documentation accordingly.
- Follow Restrictions:
- Do not use loaned firearms for personal purposes.
- Avoid modifications or uses that violate state or federal laws.
Step 6: Return the Firearm
- Return by Deadline:
- Return the firearm to the dealer by the agreed-upon date, in the same condition as loaned (barring normal wear).
- Complete Documentation:
- Sign forms confirming the return.
- Keep copies of all loan and return documents for your records.
- Confirm Closure:
- Verify with the dealer that the transaction is complete and no further action is needed.
Step 7: Maintain Compliance and Stay Informed
- Monitor COE Status:
- Ensure your COE remains valid through annual renewals.
- Update the DOJ with any changes in personal or professional status.
- Stay Updated on Laws:
- Regularly review DOJ Bureau of Firearms updates (oag.ca.gov/firearms) for changes to laws affecting consultant-evaluators.
- Be aware of restrictions on assault weapons, large-capacity magazines, and other regulated items.
- Retain Records:
- Maintain detailed records of all firearm loans (dealer letters, loan forms, return confirmations) to demonstrate compliance if audited).
Additional Notes
- Personal Purchases: For personal firearm acquisitions, you must obtain an FSC, pass a background check, and observe the 10-day waiting period, unless exempt through another status (e.g., peace officer).
- Legal Advice: Consult a licensed attorney specializing in California firearm laws for complex scenarios or specific guidance. The DOJ does not provide legal advice.
- Resources:
- California Penal Code sections 16410, 26710, 31700 (oag.ca.gov).
- DOJ Bureau of Firearms FAQs (oag.ca.gov/firearms).
- CFARS for COE applications (cfars.doj.ca.gov).
By following these steps and understanding the associated laws, consultant-evaluators can effectively utilize their exemptions while maintaining full compliance with California’s firearm regulations.
Ensure your compliance as a consultant-evaluator by seeking expert legal guidance today! Contact the Davis Law Firm, specialists in California firearm laws, at www.caglunlawyers.com or call their office to schedule a consultation. Their experienced attorneys can provide tailored advice to navigate exemptions, maintain compliance, and protect your professional interests. Act now to secure the legal support you need! For specific legal guidance, contact The Davis Law Firm by calling 866-545-4867 or e-mailing us at [email protected].
Disclaimer
The information provided in this guide is for general informational purposes only and does not constitute legal advice. California firearm laws are complex and subject to change, and individual circumstances may vary. Compliance with all applicable federal, state, and local regulations is the responsibility of the consultant-evaluator. The authors and publishers of this guide are not liable for any errors, omissions, or consequences arising from the use of this information.
