California Codes

Cal. Penal Code § 26950 (2026)

Exceptions Extending Only to Waiting Period

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)The waiting period described in Section 26815 does not apply to the sale, delivery, or transfer of firearms made to any person who satisfies both of the following requirements:

(1)The person is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(2)The officer’s employer has authorized the officer to carry firearms while in the performance of duties.

(b)(1)Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a peace officer who is authorized to carry firearms while in the performance of duties, and authorizing the purchase or transfer.

(2)The certification shall be delivered to the dealer at the time of purchase or transfer and the purchaser or transferee shall identify himself or herself as the person authorized in the certification.

(3)The dealer shall keep the certification with the record of sale.

(4)On the date that the sale, delivery, or transfer is made, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in Section 28160 or 28165.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2025 · leading case: Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014).
Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014). · cites it 2× “Therefore, the BFEC/standard background check would apply to CCW license holders when they attempt to purchase a firearm. Second, Plaintiffs have expressly confirmed that all members of the as applied challenges would still be required to pass a background check when they…”
Kelly Ann McDougall v. Cnty. of Ventura, 23 F.4th 1095 (9th Cir. 2022). “…written test, 5 Limited exceptions exist for certain purchases, including peace officers and special permit holders. Cal. Penal Code §§ 26950 , 26965. 6 While the district court in Rhode preliminarily enjoined background checks for ammunition sales pursuant to California Penal…”
Rhode v. Bonta, 145 F.4th 1090 (9th Cir. 2025). “8 6 There are exceptions to this 10-day waiting period for sales, deliveries, or transfers to law enforcement officers for use on duty, Cal. Penal Code § 26950 , loans of unloaded firearms for use as a prop in an entertainment production or event, id.”
Cal. Penal Code § 26950(a): 1 case
Silvester v. Harris, 41 F. Supp. 3d 927 (E.D. Cal. 2014). “Therefore, the BFEC/standard background check would apply to CCW license holders when they attempt to purchase a firearm. Second, Plaintiffs have expressly confirmed that all members of the as applied challenges would still be required to pass a background check when they…”
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