The firearm background check process in California is a careful, multi-step system designed to make sure only people who are legally allowed to own or possess guns can buy them. It’s run by the California Department of Justice (DOJ) through their Bureau of Firearms (BOF), specifically the Background Clearance Unit (BCU). This process is triggered whenever someone tries to buy a firearm from a licensed dealer or transfer one privately. It’s based on laws like California Penal Code sections 28200-28250, which require dealers to submit a Dealer Record of Sale (DROS) form. The goal is to check if the buyer is prohibited from having a gun due to things like criminal history, mental health issues, or immigration status. The whole thing usually happens within a 10-day waiting period, but it can take up to 30 days if more investigation is needed.
I’ll explain each step below in simple, everyday language, breaking down what happens, why it’s done, who does it, and any tools or details involved. This is based on the training procedures for DOJ analysts (called Criminal Information Specialists or CIS), as outlined in their binders and flowcharts. These procedures ensure consistency and accuracy. If something isn’t clear from the start, analysts can delay the check to gather more info.
When someone wants to buy a gun, they first have to prove they’re eligible at the basics level. This means showing they’re old enough (at least 18 for rifles or shotguns, 21 for handguns) and a legal resident of California. They need a valid California driver’s license or ID card that’s not expired or suspended—things like a fake ID or one from another state won’t work unless it’s a special case, like active military. The buyer also has to pass a quick Firearm Safety Certificate (FSC) test at the store, which costs $25 and is good for 5 years. This test covers basic gun safety rules, like how to store and handle firearms safely. Some people are exempt from the test, like police officers or people with hunting licenses.
The dealer (called a Federal Firearms Licensee or FFL) checks all this ID and makes sure the buyer isn’t obviously prohibited—like if they smell like alcohol or seem unstable. Then, the dealer fills out the DROS form with the buyer’s details: full name, date of birth, address, social security number (if they give it), phone number, and info about the gun (make, model, serial number). They also note if it’s a private party transfer (PPT), where someone is selling a gun to another person through a dealer. The buyer answers yes/no questions on the form, like “Are you a felon?” or “Have you been committed to a mental institution?” Lying on this form is a crime.
The dealer enters all this into a computer system called the DROS Entry System (DES), which sends it electronically to the DOJ right away. The buyer pays fees: about $31.19 for the DROS itself, plus $37.19 for the background check (total around $68, though it can vary). This starts the mandatory 10-day waiting period—no gun can be handed over until that’s up and the check is approved. Why this step? It gives the DOJ time to dig deep and prevents impulse buys that could be dangerous. If the form has errors, like a wrong ID number, DES flags it and sends it back for fixes.
Once the DROS hits the DOJ’s system, it’s assigned to an analyst in the BCU. These analysts are trained using two big binders: Binder 1 covers state laws and common Penal Codes (like rules against felons owning guns), with examples and database tips; Binder 2 focuses on federal rules, like FBI checks, with contact lists and more examples. New analysts get these binders to learn the ropes.
The analyst logs into the DOJ Web Portal (a secure website) using their username and password. They pick a new DROS transaction to work on. First thing, they print out the DROS form to review it by hand—checking for weird answers or exemption codes (like if the buyer is a cop claiming special status). They open a tool called the Basic Firearms Eligibility Check (BFEC) in another window. BFEC is like a super search engine that pulls info from multiple databases all at once, including state records (like criminal history) and federal ones (like FBI files).
Why print and review? It helps spot obvious issues early, like if the buyer claimed U.S. citizenship but has an alien number. If there’s a banner saying “NICS HITS” (from the federal National Instant Criminal Background Check System), it means there might be a federal prohibition. Or if it says “PURCHASE RESTRICTION DENIAL,” it could be because the buyer bought another handgun too recently (California limits handguns to one every 30 days under Penal Code section 27535, with exemptions for things like gun collectors).
The analyst matches the buyer’s info from the DROS to what pops up in BFEC. BFEC shows records for people with similar names or dates of birth, so they pick the right one. If the buyer used a military ID, they check the FBI part extra carefully. Tools like ACCURINT help here—it’s a database that verifies addresses, social security numbers, and even relatives to confirm identity (not everyone has access; it’s account-based).
They check for the 30-day handgun limit: If the buyer got one recently, deny unless exempt (like if it’s a replacement for a lost gun). For private transfers, both buyer and seller get checked. If there’s a “STOLEN GUN HIT,” the analyst alerts their boss—the gun stays at the store for police to pick up (Penal Code section 28220(d)). This step expands to using the Automated Archive System (AAS), which stores scanned old documents, or Folder Control, which pulls more buyer details. Why? Identity mix-ups could let the wrong person get a gun, so accuracy is key.
Now the analyst dives into the buyer’s rap sheet. They use the Criminal Identification Number (CII) from BFEC and run it through LEAWeb, which connects to CLETS (California Law Enforcement Telecommunications System). This pulls the Automated Criminal History System (ACHS) record, showing arrests, court outcomes, and prison time.
They look for prohibiting convictions: Felonies are a lifetime ban (Penal Code section 29800), like murder or robbery. Certain misdemeanors ban for 10 years, like domestic violence (section 273.5) or brandishing a gun (section 417—two or more make it a felony ban). Juveniles with serious offenses (like first-degree burglary under Penal Code sections 459 or 460, as noted in a 2021 binder update email) are banned until age 30 if it falls under Welfare and Institutions Code section 707(b)(21). Narcotics addiction (section 29800(a)(1)) is also checked—based on convictions or commitments for drug issues.
If an arrest shows no outcome (called a “missing disposition”), the analyst checks AAS or folders. If still missing, they “chase” it: For California cases, send to the Phone Resolution Unit (PRU); for out-of-state or military, call or fax courts using directories like the California Courts Directory or National Directory of Law Enforcement Administrators. This can delay the check. Why expand this? Many records are old or incomplete, and the law requires proof of prohibition—assuming guilt isn’t allowed.
Warrants are a big deal and have their own flowcharts. If BFEC shows a warrant hit, the analyst follows procedures updated in 2017 (after Senate Bill 87 and Assembly Bill 103).
For in-state warrants: If it’s active for a felony or prohibiting misdemeanor (like assault—see the full prohibiting categories list), deny the transaction. The flowchart is simple: Start → Warrant hit → Active for prohibiting offense? → Yes: Deny → No: Approve. Knowledge of the warrant is required (section 29851), but it’s assumed if the person fled or ignored court.
For out-of-state misdemeanor warrants: This falls under federal law (18 U.S.C. section 922(g)(2)—”fugitive from justice”). The criteria are: active criminal warrant, the person left the state, and intent (inferred from knowing about it, like signed court papers). The flowchart expands: If it meets all criteria, deny and tell the buyer to appeal to NICS. If not, contact agencies for more info and hold the transaction (up to 30 days). If unclear, email NICS Legal for review. Why this detail? Out-of-state stuff is trickier, and federal rules don’t ban just any warrant—only if it shows the person is fleeing prosecution.
Gang hits (like “CRIMINAL GANG MEMBER”) require calling the agency for details; if no prohibition, proceed.
If the buyer isn’t a U.S. citizen, this step kicks in with a detailed flowchart from ICE (U.S. Immigration and Customs Enforcement). Aliens must show government ID and an alien number (AR# or I-94#). Nonimmigrants (like visa holders) need a hunting license or fit exceptions, like being a foreign diplomat (18 U.S.C. section 922(y)(2)-(3)).
The analyst runs an Immigration Alien Query (IAQ) to ICE’s Law Enforcement Support Center (LESC). They get back an Immigration Alien Response (IAR) with phrases that decide next steps. For example:
The flowchart branches a lot: Proceed, Delay, Deny, or re-run if numbers don’t match. If requirements aren’t met (no ID or number), deny without querying. Why expand? Guns and immigration mix with federal rules to prevent undocumented people from arming, but exceptions exist for hunters or officials.
Mental health is checked via PRU notes or databases. Bans include 5-year for 5150 holds (danger to self/others), lifetime for certain commitments (Welfare and Institutions Code sections 8100-8103), or if someone threatened a therapist. Protection orders (like domestic violence restraining orders under section 29825 or Gun Violence Restraining Orders under 18175) ban possession for 1-5 years or more.
Other checks: Probation terms banning guns (section 29815), federal prohibitions from NICS (like dishonorable military discharge), or being a narcotics addict. Pardons can restore rights, but not if the crime involved dangerous weapons (section 4852.17)—analysts check with legal experts. Why this step? Mental health issues can lead to violence, so laws prioritize safety.
If anything’s unclear, analysts use more tools: National Law Enforcement Telecommunication System (NLETS) for out-of-state info, Microsoft Word for fax templates to courts, or books like the California Penal Code Book for quick law lookups. They document everything, like county codes. For related DROS (like if the buyer has multiple), coordinate with other analysts. This can involve calling agencies or emailing for records. Why expand? Not all info is digital—old cases need manual chasing to be fair.
Based on all checks, the analyst decides:
Why? Decisions must be accurate to avoid lawsuits or dangers.
If denied, the buyer gets appeal info: State denials to DOJ, federal to FBI NICS. Records can be fixed with forms like BOF 8016RR. Analysts file packets. Why? People deserve a chance to correct errors.
For PPT, check both parties. Military dispositions might need DD-214 forms. Out-of-state buyers follow similar but use NLETS. Why? Laws cover all transfers to close loopholes.
Based on California law, here are persons prohibited from possessing, purchasing, receiving, or owning firearms. This includes state prohibitions (e.g., Penal Code sections 29800-29825) and federal ones integrated via NICS (18 U.S.C. § 922(g)). Durations vary: lifetime for felonies, 10 years for most misdemeanors, 5 years for some mental health. Exceptions exist (e.g., pardons, relics). List from DOJ documents (see below) and statutes.
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