California: DOJ Introduces Proposed Regulations Adding “Privacy Notices” to Firearm-Related Forms

On Monday, July 24, the California Department of Justice introduced another set of proposed regulations, this time for the purpose of adding required “privacy notices” to certain firearm-related forms. 

Members may recall that last December, DOJ’s Privacy Office began mailing letters like this one to certified Firearm Safety Instructors informing them that DOJ inadvertently disclosed their name, date of birth, and California Driver’s License and/or Identification Card numbers to an unknown third party.  It was later discovered that the unknown party was in fact a reporter for Southern California Public Radio.  In response to DOJ’s incompetence, and otherwise lack of respect for the personal information of thousands of Firearm Safety Instructors, the NRA, and CRPA attorneys provided members with comprehensive information on what steps to take to protect their privacy. 

While the proposed text of the regulations do not contain any significant changes, DOJ is seeking to modify a number of firearm-related forms by including a “privacy notice” required under California law.  Some firearm-related forms already contain a “privacy notice,” while others do not, and DOJ appears to have just realized the discrepancy.  The proposed changes will make each of the affected forms consistent regarding the required “privacy notice.” 

Each “privacy notice” contains information on how DOJ will collect, use, and potentially disclose an individual’s personal information that is contained in the submitted form. Of note, the statement concerning the possible disclosure of personal information reads: 

“[W]e may need to share the information you give us with entities as authorized in Penal Code section 11105. The information you provide may also be disclosed in the following circumstances: 

• With other persons or agencies where necessary to perform their legal duties, and their use of your information is compatible and complies with state law, such as for investigations or for licensing, certification, or regulatory purposes; 

• To another government agency as required by state or federal law.” 

The firearm-related forms that will contain the new “privacy notices” include the following: 

• Firearm Ownership Report (BOF 4542A - Used to report the ownership of a firearm with DOJ);
• Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A - Used by individuals to report the transfer of a firearm to DOJ when the transfer is not required to be processed by a licensed dealer);
• New Resident Report of Firearm Ownership (BOF 4010A- Used by individuals who are moving into the state to record the ownership of all firearms with DOJ);
• Curio or Relic Firearm Report (BOF 4100A - Used by individuals who possess a C&R license and COE to record the acquisition of a firearm classified as a curio/relic which was acquired outside of California with DOJ); and
• Collector In-State Acquisition of Curio or Relic Long Gun Report (BOF 961 – Used by individuals who possess a C&R license and COE to record the acquisition of a long gun classified as a curio/relic which was acquired in California with DOJ). 

Pursuant to California rulemaking requirements, DOJ will be holding a public hearing to receive comments from the public regarding the proposed changes to these forms. The hearing will take place on September 12, 2017, from 1-3 p.m. at the Resources Building Auditorium, located at 1416 9th Street, Sacramento, California 95814. 

If you are unable to attend in person, you can still submit written comments no later than 5 p.m. on September 12, 2017 to the following person: 

Jeff Amador

Department of Justice

P.O. Box 160487

Sacramento, CA 95816-0487

Email: regulations@doj.ca.gov

Fax: (916) 227-1068 

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