PC 27545:
10-Day Waiting Period

California Penal Code Section 27545 ^[1] requires that when neither party to a firearm transaction holds a dealer's license, the sale, loan, or transfer must be completed through a licensed firearms dealer pursuant to the procedures in Chapter 5 (commencing with Section 28050). This statute is the cornerstone of California's universal background check system for private party transfers, ensuring that no firearm changes hands between private individuals without dealer involvement and a DOJ background check.

Scope of PC 27545

PC 27545 applies to all private party firearm transactions where neither party is a licensed dealer. This includes:

- Private sales of new and used firearms between individuals
- Loans of firearms between private parties
- Any other transfer of ownership between non-dealers

When a transaction is processed through a dealer under PC 27545, it triggers the same background check and regulatory requirements as a standard dealer sale, including the 10-day waiting period established under Penal Code Section 26815 ^[5].

The 10-Day Waiting Period (PC 26815)

The mandatory 10-day waiting period for firearm deliveries is established at Penal Code Section 26815 ^[5], which provides that no firearm shall be delivered until at least 10 days have elapsed from the date of the application to purchase. This waiting period applies to all transactions processed through a licensed dealer, including:

- Standard dealer sales of new and used firearms
- Private party transfers conducted through a dealer under PC 27545
- Redemption of pawned firearms
- Online purchases shipped to a California FFL

The waiting period begins when the Dealer Record of Sale (DROS) application is submitted to the California Department of Justice. The 10-day period is measured in calendar days, not business days.

No Exceptions for Existing Gun Owners

A distinctive feature of California's waiting period is its near-universal application. Many states that impose waiting periods exempt purchasers who already hold a concealed carry permit or who can demonstrate existing firearm ownership. California does not provide these exemptions. Whether a buyer is purchasing their first firearm or their fiftieth, the full 10-day period applies.

Limited Exemptions

The narrow exemptions to the waiting period are codified in Penal Code Sections 26950 through 27140 ^[3] and include:

- Law enforcement officers and authorized agency transactions
- Special weapons permits for entertainment industry professionals
- Certain transactions between licensed dealers
- Specific curio or relic firearm transactions by licensed collectors

Notably, active-duty military and veterans do not receive an exemption from the waiting period.

Constitutional Challenges

In Silvester v. Harris, the Ninth Circuit upheld the waiting period as applied to the plaintiffs under intermediate scrutiny, finding a reasonable fit with the state's interests in public safety and reducing gun violence. Following the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, new challenges may be filed under the historical tradition framework, though no California court has struck down the waiting period post-Bruen.

Practical Impact

The 10-day waiting period means that no firearm purchase in California is immediate. Buyers must plan accordingly, making a minimum of two visits to the dealer: one to initiate the DROS and a second to pick up the firearm after the waiting period and background check approval. If DOJ directs the dealer to delay delivery under PC 28220(g), the dealer must delay the transfer. If eligibility remains undetermined after 30 days for a reason covered by PC 28220(g)(1), DOJ must notify the dealer, who may then transfer the firearm after completing the required delivery records.