10 days Waiting Period

What’s up with the waiting period for firearms?

Simple answer, it’s a California law per the Penal Code 26815 and 27540.   Many FFL dealer San Jose are all aware of this law.  10 days is the amount of time from the time the DROS was submitted to the department of justice/feds.  The 10 days waiting period is suppose to cool off some person wanting to get the gun in haste to do harm to someone.     Within that time frame, the person waiting will know if their background check has been approved or not. 

Note: Beginning July 1, 2021, will include semiautomatic centerfire rifle.  (Penal Code 27540 (g) limiting the number of purchased firearm to one per 30 day period.  Currently, the limit is for “gun” only. 

(f) Until July 1, 2021, a handgun shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535.

In addition, FFL Dealers must abide by the local ordinances in addition to the State laws.   The cities around the South Bay Area, the 10 days period applies but in the City of San Jose, it’s longer.  Back when the former Mayor Licardo was in charge, he passed a stricter law with regards to the waiting period.   FFL dealers in San Jose, are well aware of the 15 days waiting period in their city.  

FFL transfer - how long it takes for san jose

Example: City of San Jose

San Jose City Ordinance Part 3 Concealable Firearms Dealers:

  • Section 10.32.065 F
    • (3) No Pistol or revolver shall be delivered
      • (a) Within 15 days of application for the purchase…

99% of Californians must abide by this law but there are group of people or individuals who are exempted from this law.   Who are these exempted special people you ask?  The following exempted individuals or group that your FFL dealer San Jose can deliver without waiting:

  1. Police officer or peace officer with permission from the chief of police in writing with “wet signature”. (Peace officers as defined by the law in Part 2, Title 3, Chapter 4.5 commencing at Section 830 of the Penal Code).
    • Under this law, certain DMV employees are exempted too (See Pen. Code Section 1655)
    • Certain employees of Division of Investigation of the Dept. of Consumer Affairs and the Dental Board of California (Business and Prof. Code Section 160)
    • Volunteer Fire Wardens
    • Investigators of the Dept. of Horse Racing Board
    • State Fire Marshal
    • Inspectors of food and drug section (Section 106500)
    • All investigators of the Division of Labor Standards Enforcement
    • A welfare fraud investigator or inspector
    • Security officers who guard utilities designated by municipal utility districts
    • Sergeant-at-Arms of the legislator
    • Court services officer in a county of the 2nd and 3rd class
    • Cemetery authority
    • Executive Director of the California Science Center

These people do not have to wait the 10 days:

These are just some of the exempted Californians who are under the “peace officer” category.  Please visit the Pen Code listed above to read more.

  1. California Firearm Licensed holders (tougher to get than the Federal Firearm License (FFL)).
    •     Those are gun shops owners and employees who have the licenses.
    •     FFL Dealers who are licensed firearm in California (not just a holder of FFL).
  2. #3FFL holders with certificate of eligibility (COE)
    •      ONLY RELICS and CURIO firearms.

FFL Dealer Sunnyvale

170 N. Wolfe Road Suite 1

Sunnyvale, CA 94086

(408) 877-1212

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