Overview of the Law
Under Penal Code section 11106, the California Department of Justice (DOJ) maintains the Automated Firearms System (AFS), a centralized database recording firearms purchased or transferred through licensed dealers, registered assault weapons, self-reported firearms, Carry Concealed Weapons Permit records, and law enforcement-entered records. The ability for individuals to request their AFS records is facilitated through regulations in California Code of Regulations, Title 11, Division 5, Chapter 13, Sections 4350-4353, effective July 1, 2019. These regulations were enacted under the DOJ’s existing statutory authority and were not introduced by a specific standalone bill but were influenced by the framework of Proposition 63 (2016), which amended Penal Code section 30370 to include provisions for ammunition purchase eligibility checks, necessitating clearer access to firearm records.
Reasons to Check AFS Records
Individuals may want to check their AFS records for the following reasons:
- Verify Ownership Records: To confirm accurate registration of firearms after purchases, sales, or transfers, ensuring compliance with state laws.
- Resolve Discrepancies: To correct errors in the AFS, such as firearms incorrectly listed due to clerical mistakes or identity mix-ups.
- Lost or Stolen Firearms: To verify if a lost or stolen firearm is still registered, aiding in reporting to law enforcement or resolving liability.
- Compliance with Legal Requirements: To ensure adherence to California firearm laws, such as registration for restricted firearms.
- Estate Planning or Inheritance: To document firearms for estate planning, probate, or transferring to heirs.
- Background Check Issues: To address issues with firearm purchase denials or delays caused by inaccurate AFS records.
- Relocation or Transfer: To verify registered firearms before moving out of state or transferring ownership, given varying state regulations.
- Personal Inventory Management: To maintain accurate records for insurance, organization, or reconciling with physical inventory.
- Law Enforcement or Legal Inquiries: To provide proof of ownership or registration in response to law enforcement or legal proceedings.
- Peace of Mind: To ensure records are up-to-date, avoiding potential legal complications.
Step-by-Step Guide to Obtain AFS Records
To request your AFS records using the Automated Firearms System (AFS) Request for Firearm Records (BOF 053) form available at https://oag.ca.gov/system/files/media/bof-053.pdf, follow these steps:
- Download the Form: Visit https://oag.ca.gov/system/files/media/bof-053.pdf and download the BOF 053 form.
- Complete the Form:
- Provide your personal information, including full name, date of birth, address, and California driver’s license or ID number.
- Include any aliases or previous names used to ensure a comprehensive search.
- Fill out all required fields accurately to avoid delays.
- Notarize the Form:
- The BOF 053 form requires notarization to verify your identity. Take the completed form to a licensed notary public.
- Present valid identification to the notary, who will witness your signature and affix their notary seal and signature on the form.
- Note: Notary services may involve a small fee, typically $10-$15, depending on the notary.
- Submit the Form:
- Mail the completed and notarized form to:
California Department of Justice
Bureau of Firearms – AFS Request
P.O. Box 820200
Sacramento, CA 94203-0200
- Currently, the AFS request cannot be submitted online via the California Firearms Application Reporting System (CFARS); it must be mailed.
- Wait for Processing: The DOJ will conduct a diligent search of the AFS based on the provided information. Processing times may vary, typically taking 4-8 weeks.
- Receive the Report: The DOJ will mail you a listing of firearms recorded under your name in the AFS.
- Review the Report: Check the report for accuracy, noting any discrepancies such as incorrect firearm listings, missing records, or firearms no longer in your possession.
DISCREPANCIES
If you discover any discrepancies in your AFS records, contact the Davis Law Firm for expert legal assistance. Reach out at 866-545-GUNS or email [email protected] to resolve issues and ensure compliance with California firearm laws.