Understanding California’s Firearms Licensee Check (CFLC) Requirements

The California Firearms Licensee Check (CFLC) System, administered by the California Department of Justice (DOJ) Bureau of Firearms, ensures that firearms shipments to and within California are conducted legally by authorized Federal Firearms Licensees (FFLs). Mandated by California Penal Code Section 27555, the CFLC system requires FFLs to obtain a Firearms Shipment Approval Number before transferring firearms to a California FFL. This article outlines the CFLC requirements, processes, exemptions, and answers key questions, providing a comprehensive guide for FFLs and individuals involved in firearms transactions.

Overview of the CFLC System

The CFLC system verifies that both the shipping and receiving FFLs are properly licensed and listed in California’s Centralized List of Firearms Dealers or Exempted Federal Firearms Licensees. It applies to all firearms shipments to California FFLs, whether from out-of-state, within California, or at gun shows.

Who Must Comply?

All FFLs, except those with Type 03 (Curio and Relic Collectors) and Type 06 (Ammunition Dealers) licenses, must comply with CFLC requirements when shipping firearms to a California FFL. This includes:

• Out-of-state FFLs shipping to California dealers.
• California FFLs transferring firearms to other California FFLs.
• FFLs at gun shows facilitating transfers to California dealers.

Non-FFL individuals shipping firearms to a California FFL (e.g., for transfer or sale) are not required to obtain the approval number themselves but must coordinate with the receiving FFL, who ensures compliance through the CFLC system.

(See California Penal Code Section 27555; California Department of Justice, Bureau of Firearms, CFLC FAQs, https://oag.ca.gov/firearms/cflcfaqs.)

Key FAQ: Why Are Type 03 and Type 06 FFLs Exempt?

• Answer: Type 03 FFLs (Curio and Relic Collectors) deal primarily with collectible firearms and are not required to be on the Centralized list, implicitly exempting them from the requirements, and Type 06 FFLs (Ammunition Dealers) handle only ammunition, not firearms. Therefore, they are exempt from CFLC verification requirements. (See CFLC FAQs, https://oag.ca.gov/firearms/cflcfaqs.)

Key FAQ: Do Non-FFL Individuals Need to Use CFLC?

• Answer: No, individuals shipping firearms to a California FFL do not need to obtain the approval number. The receiving FFL provides their Centralized List number and ensures compliance by coordinating with the shipper through the CFLC system.
  (CFLC FAQs, https://oag.ca.gov/firearms/cflcfaqs)

Legal Framework

The CFLC system is governed by:

• Penal Code Section 27555(a): Prohibits shipping a firearm to a California FFL without prior DOJ verification, resulting in a Firearms Shipment Approval Number.
• Penal Code Section 27555(b): Requires the DOJ to maintain a centralized list of licensed dealers and exempted FFLs, accessible via the CFLC system.
• Penal Code Section 28465: Makes it unlawful to ship to an FFL in California unless listed on the centralized list of firearms dealers pursuant to Section 26715, or the centralized list of exempted federal firearms licensees pursuant to Section 28450, or the centralized list of firearms manufacturers pursuant to Section 29060.

CFLC Process: Step-by-Step

To comply with CFLC requirements, FFLs must follow these steps:

1. Enrollment in the CFLC Program

• Requirement: FFLs Shipping to or within California (except Type 03 and Type 06) must enroll to access the CFLC system.
• Application: Submit the CFLC Enrollment Application (BOF 08-300) online, by mail, fax, or email via https://oag.ca.gov/firearms/cflc. Enrolled FFLs receive a CFLC Logon ID and Password, which they can use to request Firearm Shipment Approval Numbers as described below.

2. Requesting a Firearms Shipment Approval Number

• Online Method:
  • Log into the CFLC system (https://oag.ca.gov/firearms/cflc) using the Logon ID, password, and the recipient FFL’s five-digit Centralized List number.
  • The system verifies the recipient’s status 24/7.
  • If approved, a Firearms Shipment Approval Letter with the approval number is issued.
  • If not authorized, a “Do Not Ship” letter is issued, prohibiting the shipment (Penal Code Section 28465).
• Alternative Methods:
  • Phone: Call (916) 210-2750 (Monday–Friday, 8:00 AM–4:30 PM PST).
  • Mail/Fax/Email: Submit the CFLC Firearms Shipment Approval Letter Request Form (BOF 08-300).
  • The DOJ processes these during business hours, sending the approval letter via fax or email.
  • Online requests are processed instantly (24/7). Phone, mail, fax, or email requests are processed within business hours, typically same-day if submitted early.

3. Shipping the Firearm

• The approval number must accompany the shipment.

4. Recordkeeping

• Shipping FFL: Retain the approval letter as part of transaction records.
• Receiving FFL: Verify the approval number and retain approval letters as part of the state recordkeeping requirements.

Costs and Fees

• No Direct Fee: There is no fee for obtaining a Firearms Shipment Approval Number.

Exemptions

• Type 03 FFLs: Exempt because they handle collectible firearms and are not required to be listed on the centralized list.
• Type 06 FFLs: Exempt because they deal only in ammunition.

Penalties for Non-Compliance

• Shipping Without Approval: Violates Penal Code Section 27555, potentially leading to misdemeanor charges, fines, or imprisonment.
• Ignoring “Do Not Ship” Letter: Violates Penal Code Section 28465, risking criminal penalties or loss of CA FFL status.
• Shipping without verification is illegal and may result in penalties, including fines or jail time, per Penal Code Section 27555.

Practical Considerations

For FFLs

• Stay Enrolled: Maintain active CFLC enrollment to avoid delays.
• Verify Recipients: Confirm the recipient’s Centralized List number before shipping.
• Use Online System: The 24/7 online portal is the fastest way to obtain approval numbers.
• Enrollment is required to access the CFLC system and verify recipient status.

Conclusion

The CFLC system is a vital mechanism for regulating firearms shipments in California, ensuring only authorized FFLs handle transactions. By requiring a Firearms Shipment Approval Number, the state enforces compliance with Penal Code Section 27555. FFLs must enroll, verify recipients, and include approval numbers with shipments, while individuals coordinate with receiving FFLs. The DOJ’s CFLC FAQs clarify exemptions, processes, and penalties, making compliance straightforward for those who follow the rules.

For assistance, contact The Davis Law Firm at 866-545-GUNS or via [email protected].

References

• California Penal Code Section 27555
• California Penal Code Section 28465
• California Code of Regulations, Title 11, Division 5
• California Department of Justice, Bureau of Firearms, CFLC FAQs: https://oag.ca.gov/firearms/cflcfaqs