In California, purchasing a firearm involves a rigorous background check process designed to ensure public safety while adhering to state and federal laws. Governed primarily by California Penal Code Section 28220, the Department of Justice (DOJ) conducts these checks to determine if a prospective buyer is prohibited from owning or possessing a firearm. This article explores the key databases involved, what they check for, and how the system operates, drawing on statutory requirements and operational insights.
Enacted to prevent prohibited individuals from acquiring firearms, Penal Code Section 28220 mandates that upon submission of firearm purchaser information (via the Dealer Record of Sale or DROS system), the DOJ must examine its records and those from authorized sources. This includes the State Department of State Hospitals for mental health data. The goal is to identify prohibitions under state law (e.g., felonies, domestic violence orders, or mental health commitments) or federal law (e.g., via the National Instant Criminal Background Check System or NICS).
The process typically takes up to 10 days, extendable to 30 days if dispositions of arrests, charges, or mental health outcomes are unclear. If a prohibition is found, the DOJ notifies the dealer, local law enforcement, and the purchaser. Approvals or denials are issued promptly, and stolen firearms trigger immediate alerts. As of 2025, this system remains statutorily bounded, with no major expansions beyond these categories, though digital integrations have enhanced efficiency.
The process begins when a licensed dealer submits a DROS application with the buyer’s personal details, such as name, date of birth, and identification. The DOJ then cross-references this against multiple databases to flag any disqualifiers.
The DOJ relies on an array of integrated databases to perform these checks. Below is a detailed table outlining the major systems, their contents, and specific focuses during background checks. This is based on Penal Code Section 28220 and current DOJ practices.
| Database/System | Contents | What DOJ Looks For |
|---|---|---|
| Automated Firearms System (AFS) | Records of firearm registrations, ownership history, serial numbers, transfers, and reports of lost/stolen firearms (including those seized, destroyed, or held as evidence by law enforcement). Integrates with DROS submissions for real-time updates. | Per statute (subdivision (a) and (d)), checks if the firearm in the transaction is reported stolen or lost, leading to immediate denial and notification to law enforcement. Also verifies ownership history for potential state prohibitions (e.g., if the purchaser is linked to prohibited firearms under §§ 29800–29900, such as felons or those with violent misdemeanors). No approval if a match indicates theft. |
| National Instant Criminal Background Check System (NICS) | Federal database aggregating criminal history, mental health adjudications, immigration status, dishonorable military discharges, and other federal prohibitors from across the U.S. (maintained by the FBI). California DOJ participates as a point-of-contact state. | Per statute (subdivision (a) and (f)), checks for federal prohibitions (e.g., felonies, fugitive status, unlawful drug use, domestic violence convictions, or out-of-state mental health commitments). If a hit occurs, the transaction is denied; used for appeals on federal denials. Looks for any record making the purchaser ineligible under federal law (18 U.S.C. § 922(g)). |
| California Law Enforcement Telecommunications System (CLETS) | Statewide network providing access to criminal justice information, including arrests, convictions (adult/minor), wanted persons, restraining orders, vehicle registrations, and links to federal systems. Acts as a gateway to other databases like DMV, NICS, and ICE. | Per statute (subdivision (a)), checks records of arrests/convictions and court orders related to domestic violence victims. Looks for disqualifying criminal history (e.g., felonies under § 29800, assaultive misdemeanors under §§ 29815–29825, or protective orders), wanted status, or other state prohibitions. May delay approval up to 30 days if disposition is unclear (subdivision (b)(2)). |
| Armed Prohibited Persons System (APPS) | Cross-references firearm ownership records (from AFS/DROS) with prohibiting events, including criminal convictions, mental health commitments, restraining orders, and other disqualifiers. Updated nightly with data from AFS, MHPS, WPS, and criminal history systems. | Per statute (subdivision (a) and (c)), identifies if the purchaser matches prohibited categories (e.g., felons under § 29800, those with narcotics addictions under § 29805, or violent offenders under § 29900). Checks for ongoing prohibitions post-purchase but also flags during initial DROS for denials. |
| Mental Health Reporting System (MHRS/MHPS) | Records of mental health adjudications, involuntary commitments, and prohibitions reported by courts, facilities, and the State Department of State Hospitals (per Welfare & Institutions Code § 8104). Includes outcomes of hearings or treatments affecting firearm eligibility. | Per statute (subdivision (a) and (b)(2)), checks for mental health prohibitions under Welfare & Institutions Code §§ 8100–8103 (e.g., danger to self/others, grave disability). Delays possible if outcome is unclear; denials if the purchaser is prohibited (e.g., 5150 holds or conservatorships). DOJ staff cannot discuss details publicly. |
| Department of Motor Vehicles (DMV) Database | Driver license/ID records, including validity, suspensions, addresses, and personal identifiers for identity verification. | Per statute (implied in subdivision (a) for accurate record matching), checks for valid ID and consistency with DROS info. Looks for mismatches or suspensions that could indicate fraud or ineligibility; not a direct prohibition but cancels transactions if unresolved, ensuring accurate cross-checks with criminal/mental health records. |
| Bureau of Criminal Information and Analysis (BCIA) | State criminal history records, including arrests, convictions, and dispositions (adult/minor). Used for record reviews and corrections. | Per statute (subdivision (a)), checks for final dispositions of arrests/charges and convictions. Looks for disqualifying offenses (e.g., felonies, domestic violence under §§ 29815–29825). Applicants can request reviews to correct inaccuracies affecting eligibility. |
| Wanted Persons System (WPS) | Records of outstanding warrants, fugitives, and wanted individuals from state/federal sources. | Per statute (subdivision (a)), checks for active warrants or fugitive status that prohibit firearm possession (tied to federal NICS categories or state crimes). Denial if a match indicates the purchaser is wanted. |
| Automated Criminal History System (ACHS) | Detailed criminal history files, including rap sheets with arrests, charges, and outcomes. | Per statute (subdivision (a) and (b)(2)), verifies dispositions of arrests/charges. Looks for convictions leading to prohibitions (e.g., violent crimes under § 29900); delays if incomplete. |
| Carrier Permit System (CARPOS) | Records of permits for carrying firearms (e.g., CCW) and related eligibility checks. | Per statute (implied in subdivision (a) for cross-verification), checks for revoked permits or related prohibitions (e.g., if a permit was denied due to criminal/mental health issues). Not a primary check but supports overall eligibility. |
As of September 2025, the firearm background check system continues to operate under these guidelines, but related policies have faced scrutiny. For example, California’s ammunition background check requirement—introduced in 2019—was ruled unconstitutional by the Ninth Circuit Court of Appeals in July 2025, citing Second Amendment violations and increased costs for gun owners. This does not directly impact firearm checks, but it underscores debates over the balance between safety and rights.
California’s firearm background check system exemplifies a comprehensive approach to gun control, leveraging interconnected databases to enforce prohibitions efficiently. While rooted in Penal Code Section 28220, ongoing technological refinements and legal challenges keep the system dynamic. For those navigating purchases or appeals, contact us at 866-545-GUNS or via e-mail at [email protected].
Subscribe to get the latest posts sent to your email.