Cal. Codes » Penal Code / PART 6. CONTROL OF DEADLY WEAPONS / TITLE 4. FIREARMS / DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS / CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail / ARTICLE 1. License to Sell, Lease, or Transfer Firearms at Retail
California Codes

Cal. Penal Code § 26710 (2026)

License to Sell, Lease, or Transfer Firearms at Retail

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(a)A person may request a certificate of eligibility from the Department of Justice.

(b)The Department of Justice shall examine its records and records available to the department in the National Instant Criminal Background Check System in order to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

(c)The department shall issue a certificate to an applicant if the department’s records indicate that the applicant is not a person who is prohibited by state or federal law from possessing firearms.

(d)The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2025 · leading case: Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014).
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Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014). · cites it 5× “See Cal. Pen.Code § 26710; Trial Tr. 60:14-17, 494:14-15.”
Rhode v. Bonta, 145 F.4th 1090 (9th Cir. 2025). · cites it 2× “5, and a criminal background check, Cal. Penal Code § 26710 (b). A certificate of eligibility must be renewed annually.”
Linton v. Becerra, No. 3:18-cv-07653, 2020 WL 2614870 (N.D. Cal. May 21, 2020). “4 In early 2018, Jones applied under California Penal Code Section 26710 to renew his 5 certificate of eligibility to own and possess firearms and ammunition as required to remain a 6 certified firearm instructor.”
Cal. Penal Code § 26710(a): 1 case
Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014). “See Cal. Pen.Code § 26710; Trial Tr. 60:14-17, 494:14-15.”
Cal. Penal Code § 26710(b): 1 case
Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014). “See Cal. Pen.Code § 26710; Trial Tr. 60:14-17, 494:14-15.”
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