Overview of California Bill AB 165
California Assembly Bill 165, effective January 1, 2022, allows individuals to request a copy of their criminal history record from the California Department of Justice (DOJ) through the Personal Firearms Eligibility Check (PFEC) program, as outlined in California Penal Code section 30105. This law enables you to verify your eligibility to purchase or possess firearms under state and federal law by examining your criminal history and other prohibiting factors, such as mental health records.
At The Davis Law Firm (www.CalGunLawyers.com), we specialize in assisting clients who have been denied firearm purchases, often due to errors, inaccuracies, or incomplete information in their California Criminal History Record or the federal records that rely on California’s data. Obtaining your criminal history report via AB 165 is critical because it is the only method that includes both criminal history and mental health prohibitions, which are key factors in firearm eligibility determinations. By reviewing this report, we can:
- Identify inaccuracies or errors in your record that lead to wrongful denials.
- Determine if a denial is justified and, if so, recommend corrective actions, such as misdemeanor reductions under Penal Code section 17(b) or other legal remedies.
- Develop a strategy to restore your firearm rights and prevent future denials.
This guide provides step-by-step instructions for obtaining your criminal history report using the AB 165 process and explains how to submit it to our firm for a comprehensive review.
Why Use the AB 165 Process (BOF 8016FRR Form)?
The California DOJ uses a combination of state and federal databases, including the National Instant Criminal Background Check System (NICS) and the California Law Enforcement Telecommunications System (CLETS), to evaluate firearm purchase applications. Denials often occur due to:
- Errors or Inaccuracies: Incorrect, outdated, or incomplete information in your criminal history record.
- Mental Health Prohibitions: Records of certain mental health commitments (e.g., under Welfare and Institutions Code section 8100) that may prohibit firearm ownership.
- Misreported Convictions: Felonies, certain misdemeanors (e.g., domestic violence), or other prohibiting offenses that may have been resolved or reduced but are not accurately reflected.
The AB 165 process, using the BOF 8016RR form, is the only method that provides a comprehensive report including both criminal history and mental health prohibitions. This allows us to see exactly what the DOJ reviews during a firearm purchase background check, enabling us to pinpoint the cause of a denial and recommend the appropriate legal remedies.
Step-by-Step Instructions to Obtain Your Criminal History Report
Step 1: Download and Complete the BOF 8016FRR Form
- Access the Personal Firearms Eligibility Check Application (BOF 8016RR) here: BOF 8016FRR Form.
- Fill out the form with accurate personal information, including:
- Full name
- Date of birth
- Address
- California driver’s license or ID number
- Contact information
- Ensure all fields are completed legibly to avoid delays.
Step 2: Complete Live Scan Fingerprinting
- Visit a Live Scan location to have your fingerprints taken electronically. Find a location here: California DOJ Live Scan Locations.
- Request the Live Scan service for a Personal Firearms Eligibility Check (PFEC).
- The Live Scan operator will transmit your fingerprints to the DOJ.
- Live Scan fees typically range from $20 to $40, payable at the time of service.
Step 3: Await Your PFEC Report
- The DOJ will process your application and mail you the PFEC report, typically within 30–60 days.
- The report will indicate your eligibility to purchase/possess firearms and may include details of any prohibiting records, such as criminal convictions or mental health commitments.
Next Steps: Submit Your Report to The Davis Law Firm
Once you receive your PFEC report, please send it to [email protected] to schedule a consultation with our experienced firearms attorneys. We will:
- Review the Report: Analyze your criminal history and mental health records to identify errors, inaccuracies, or prohibiting factors.
- Identify Issues: Determine the specific reasons for any firearm purchase denials, such as incorrect convictions, unresolved cases, or mental health prohibitions.
- Recommend Corrective Actions: Provide a tailored plan to address issues, which may include:
- Correcting errors in your criminal history record.
- Filing for misdemeanor reductions under Penal Code section 17(b).
- Addressing mental health prohibitions through legal processes.
- Challenging wrongful denials through administrative or judicial remedies.
- Prevent Future Denials: Develop a strategy to restore your firearm rights and ensure successful future applications.
Contact Us
If you have questions about the AB 165 process or need assistance with your PFEC application, contact The Davis Law Firm:
We are committed to helping you navigate California’s complex firearm laws and restoring your Second Amendment rights. Submit your PFEC report today to begin the process!
