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California Code, Penal Code - PEN § 26330

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A law enforcement agency may require a retiring or a retired peace officer seeking an endorsement on the officer's identification certificate stating that the issuing agency approves the officer's carrying of a concealed firearm, as described in Chapter 2 (commencing with Section 25400) and Chapter 5 (commencing with Section 26300) of Division 4 of Title 4, to undergo a fingerprint-based state and national criminal history background check.

(b) A law enforcement agency shall submit to the Department of Justice fingerprint images and related information for an individual specified in subdivision (a) who is subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105.  The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (k) of Section 11105.

(c)(1) The Department of Justice shall notify a law enforcement agency as to whether an individual specified in subdivision (a) is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law.  If the prohibition is temporary, the notice shall indicate the date that the prohibition expires.  However, the notice shall not provide any other information with respect to the basis for the prohibition.  The Department of Justice may charge the applicant a fee sufficient to reimburse its costs for furnishing this information.

(2) If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant's eligibility to possess, receive, own, or purchase a firearm, the department shall notify the law enforcement agency.

(3) No endorsement shall be issued by any law enforcement agency unless the information described in paragraph (1) confirms the applicant's eligibility to possess, receive, own, or purchase a firearm.

(d) As used in this section, “law enforcement agency” means a police or sheriff's department, any department or agency of the state, or any political subdivision thereof that employs any peace officer, as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

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Cite this article: FindLaw.com - California Code, Penal Code - PEN § 26330 - last updated January 01, 2025 | https://codes.findlaw.com/ca/penal-code/pen-sect-26330/

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