PC 31615:
Firearms Safety Certificate Requirement

California Penal Code Section 31615^[1] prohibits any person from purchasing or receiving any firearm without first obtaining a valid Firearms Safety Certificate (FSC). The same section also prohibits dealers from selling, delivering, loaning, or transferring any firearm to a person who does not hold a valid FSC. The FSC program is administered by the California Department of Justice and was created by SB 683 (2013), which replaced the former Handgun Safety Certificate (HSC) program effective January 1, 2015.^[2]

Legislative Intent and Statutory Framework

The FSC requirement is part of a broader statutory scheme codified in Penal Code Sections 31610 through 31670.^[3] Section 31610 sets out the legislative intent that every person who purchases or receives a firearm demonstrate a basic knowledge of safe handling and California firearms law. Section 31615 establishes the operative prohibition. Section 31640 requires the DOJ to develop the written test, which a DOJ Certified Instructor administers. Section 31635 governs instructor qualifications.

Key Differences from the Former HSC

The Handgun Safety Certificate, which was required from 2003 through 2014, applied to handgun purchases and other handgun acquisitions. The Firearms Safety Certificate expanded the requirement to firearm purchases and acquisitions including rifles and shotguns, except antique firearms and transactions covered by an exemption. The test content was also updated to cover safe handling practices for all firearm types. Persons who held a valid HSC at the time of the transition were considered to hold a valid FSC for handgun purchases until the HSC's expiration date.

How to Obtain an FSC

To obtain an FSC, a person must:

- Locate a DOJ Certified Instructor, typically found at licensed firearms dealers and some shooting ranges
- Present valid identification (California driver's license or California ID card)
- Pass a written test covering firearms safety and California firearms laws
- Pay the FSC fee of $25

The written test consists of 30 true/false and multiple-choice questions covering firearm safety and basic firearms laws, with all information necessary to pass included in the DOJ's FSC Study Guide.^[4] A score of 75% or higher (at least 23 correct answers) is required to pass.

Retake Policy

The $25 fee covers two test attempts from the same DOJ Certified Instructor.^[5] If you fail the first attempt, you may retake a different version of the test from the same instructor after a 24-hour waiting period at no additional charge. The instructor is required to offer or make available the FSC Study Guide or refer you to view the webinar between attempts. A third or subsequent attempt requires a new $25 fee.

Validity and Renewal

An FSC is valid for five years from the date of issuance. The certificate does not need to be renewed before expiration, but a new test must be taken and passed to obtain a new FSC once the current one expires. There is no renewal process. The full test must be completed again.

Safe Handling Demonstration

In addition to the FSC, California law requires a safe handling demonstration at the point of sale under Penal Code Section 26850.^[6] Unless exempt, the buyer must demonstrate safe handling under the supervision of a DOJ Certified Instructor on or after DROS submission and before delivery, using the firearm being transferred or one of the same make and model. This is a separate requirement from the FSC, but persons exempt from the FSC requirement under Section 31700 are also exempt from the safe handling demonstration.

Exemptions

Certain persons are exempt from the FSC requirement under Penal Code Section 31700,^[7] including:

- Active and honorably retired law enforcement officers
- Properly identified active or honorably retired members of the United States Armed Forces, National Guard, Air National Guard, or active reserve components of the United States
- Holders of a valid California CCW permit
- Validly identified persons age 18 or older who hold an unexpired hunting license, except as to handguns
- Properly identified firearms dealers licensed under Sections 26700 to 26915 while acting within the course and scope of their licensed activities
- Properly identified persons who have successfully completed the course of training specified in Section 832

Penalties

A violation of Section 31615 is a misdemeanor.^[1] A dealer who delivers a firearm to a person who does not hold a valid FSC (and does not qualify for an exemption) faces misdemeanor charges and potential administrative action against the dealer's license by the DOJ.

See also: Firearms Safety Certificate (FSC): How to Get One