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FREQUENTLY ASKED QUESTIONS - PERSONAL FIREARMS ELIGIBILITY CHECK PROGRAM


QUESTIONS AND ANSWERS

  1. What information is required for a Personal Firearms Eligibility Check (PFEC)?
  2. How much does the PFEC cost?
  3. How do I find a Notary Public?
  4. How long will it take to get the results of my PFEC?
  5. What records are checked to determine the results of my PFEC?
  6. Under what conditions is someone considered ineligible to possess and/or purchase firearms?
  7. Will the PFEC results include information about my criminal history?
  8. If I receive an eligible to possess response, what factors could change my status to ineligible?
  9. The results of my PFEC indicated that I am eligible to possess firearms but not eligible to purchase firearms. What does that mean?
  10. I currently own firearms and want to know if I can purchase another firearm. If the results of my PFEC indicate I am eligible to possess, but ineligible to purchase firearms, can I keep the firearms I own?
  11. I currently own firearms and want to know if I can purchase another firearm. If the results of my PFEC indicate I am ineligible to either possess or purchase firearms, can I keep the firearms I own?
  12. The results of my PFEC indicate I am ineligible to either possess or purchase firearms and one of the firearms I own is a registered assault weapon. Can I transfer possession of the assault weapon to another person?
  13. The results of my PFEC indicated that a determination of my eligibility to possess firearms could not be made. What does that mean?
  14. I am not a U.S. citizen. Can I have a PFEC conducted?
  15. Does the PFEC satisfy the requirement for a background check when I go to a firearms dealer to purchase a firearm?
  16. Is a temporary driver’s license or invalid license acceptable for the purpose of obtaining a PFEC?
  17. What should I do if I don’t agree with the results of the PFEC?
  18. How can I get a copy of my California criminal history record?
  19. Can a prospective employer require me to obtain a PFEC as a condition of employment?
  20. I submitted an application for a PFEC but forgot to enclose the fee. What should I do?
  21. What if I have a disability that prevents me from completing the application?

 


 
1. What information is required for a Personal Firearms Eligibility Check (PFEC)?

You must submit a completed PFEC application, a copy of your California Driver’s License or Identification Card, and fees in the amount of $20. The application must be signed and notarized, and include an impression of your right thumbprint. If you are a non-U.S. citizen, you must also submit a copy of your Alien Registration or I-94 Card.

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2. How much does the PFEC cost?

The fee for the PFEC is $20, payable to the Department of Justice by check or money order. DO NOT SEND CASH.

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3. How do I find a Notary Public?

Many web sites provide area searches for notaries public. Notaries public can also be found in the yellow pages of your local telephone directory.

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4. How long will it take to get the results of my PFEC?

The results will be sent via U.S. Mail. The Department of Justice makes every effort to process requests for PFECs within 30 days of receipt. However, due to budget constraints, please allow 90 - 120 days for the results.

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5. What records are checked to determine the results of my PFEC?

The Department of Justice will check all relevant state and federal databases to determine whether you are lawfully permitted to possess/purchase firearms.

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6. Under what conditions is someone considered ineligible to possess and/or purchase firearms?

Any person who has been convicted of a felony, certain misdemeanors, certain firearms offenses, who is addicted to narcotics, who is the subject of a domestic violence restraining order, or has been committed to a mental institution pursuant to Welfare and Institutions Code section 8100, may not possess or have under his or her control any firearm. See Prohibiting Categories. Certain federal statutes impose lifetime and other more restrictive prohibitions on firearm possession. Additionally, certain statutory conditions exist that allow for the possession of firearms but preclude the acquisition or purchase of additional firearms, such as the subjects of certain restraining orders and those under state or federal indictment.

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7. Will the PFEC results include information about my criminal history?

No. The Firearms Eligibility Notice will indicate you are either: 1) eligible to both possess and purchase firearms as of the date the check was conducted; 2) ineligible to either possess or purchase firearms as of the date the check was conducted; 3) Eligible to possess, but ineligible to purchase firearms as of the date the check was conducted; or 4) as of the date the check was conducted a definitive firearms possession eligibility determination could not be made. A determination cannot be made if, for instance, a person has a firearms-prohibiting arrest in his or her record, but there is not a corresponding disposition.

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8. If I receive an eligible to possess response, what factors could change my status to ineligible?

Your status would change to ineligible to possess if you become lawfully prohibited from possessing firearms. See Prohibiting Categories.

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9. The results of my PFEC indicated that I am eligible to possess firearms but not eligible to purchase firearms. What does that mean?

Certain statutory conditions exist that allow for the possession of firearms but preclude the acquisition or purchase of additional firearms, such as persons who are subjects of certain restraining orders and those under state or federal indictment. Therefore, persons falling into this category may retain possession of firearms they currently own, but may not apply to purchase additional firearms. Additionally, because a valid California Driver’s License or Identification Card is required to purchase a firearm, someone with a suspended or expired driver’s license is not prohibited from possessing firearms but is unable to purchase a firearm without a valid driver’s license or identification card.

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10. I currently own firearms and want to know if I can purchase another firearm. If the results of my PFEC indicate I am eligible to possess, but ineligible to purchase firearms, can I keep the firearms I own?

Yes. If you are found to be eligible to possess but ineligible to purchase firearms, you may keep the firearms you currently own, but cannot purchase additional firearms as of the date of the check.

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11. I currently own firearms and want to know if I can purchase another firearm. If the results of my PFEC indicate I am ineligible to either possess or purchase firearms, can I keep the firearms I own?

No. If you are found to be ineligible to either possess or purchase firearms as a result of the PFEC, you must relinquish any firearms you may have in your possession to a law enforcement agency or designate a power of attorney to take control and possession of them for you. Furthermore, firearms may not stay in the constructive possession of a prohibited person (e.g. you may not transfer possession to a person sharing the same household). The Power of Attorney form can be downloaded from this web site.

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12. The results of my PFEC indicate I am ineligible to either possess or purchase firearms and one of the firearms I own is a registered assault weapon. Can I transfer possession of the assault weapon to another person?

No. California law prohibits the transfer of registered assault weapons between 2 parties. You may either sell the assault weapon to a licensed firearms dealer who holds an assault weapon permit, or relinquish the assault weapon to your local law enforcement agency. Be sure to contact the agency prior to delivering the weapon.

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13. The results of my PFEC indicated that a determination of my eligibility to possess firearms could not be made. What does that mean?

A determination cannot be made if, for instance, a person has a firearms-prohibiting arrest in his or her record, but there is not a corresponding disposition. You may request a summary of your California criminal history record by telephoning (916) 227-3832. It is important to understand that your criminal history record will not reveal certain other firearms prohibition categories, such as mental health, restraining orders, wanted persons and applicable federal prohibitions.

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14. I am not a U.S. citizen. Can I have a PFEC conducted?

Non-U.S. citizens that are in the country legally can have a PFEC conducted. You must include your Alien Registration or I-94 number on the PFEC application, and include a copy of your Alien Registration or I-94 card with your application package. A valid Alien Registration or I-94 card is required at the time of purchase of any firearm. Non-U.S. citizen applicants must also meet certain federal requirements to purchase a firearm, unrelated to the firearms eligibility background check.

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15. Does the PFEC satisfy the requirement for a background check when I go to a firearms dealer to purchase a firearm?

No. Another background check and the 10-day waiting period will apply.

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16. Is a temporary driver’s license or invalid license acceptable for the purpose of obtaining a PFEC?

A temporary or invalid driver’s license is acceptable for the purposes of conducting a PFEC. However, a valid California Driver’s License or Identification Card is required at the time of purchase of any firearm.

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17. What should I do if I don’t agree with the results of the PFEC?

If you disagree with the results of the PFEC, please contact the DOJ Firearms Program at (916) 227-3749.

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18. How can I get a copy of my California criminal history record?

You may obtain information on how to receive a summary of your California criminal history record by telephoning (916) 227-3832. It is important to understand that your criminal history record will not reveal certain other firearms prohibition categories, such as mental health, restraining orders, wanted persons and applicable federal prohibitions.

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19.  Can a prospective employer require me to obtain a PFEC as a condition of employment?

Penal Code section 12077.5(g) prohibits persons or agencies from requesting or requiring another person to have a PFEC conducted. However, effective January 1, 2004, California Licensed Firearms dealers are authorized to require their employees to possess a Certificate of Eligibility as evidence that the employee is not prohibited from possessing firearms. For more information on Certificates of Eligibility please refer to the dealer FAQs.

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20. I submitted an application for a PFEC but forgot to enclose the fee. What should I do?

Incomplete application submissions will be returned to the applicant allowing the applicant 30 days to resubmit a complete package. Questions regarding PFEC can be directed to (916) 227-3749.

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21. What if I have a disability that prevents me from completing the application?

Applicants lacking the ability to complete the application may have assistance with the completion of the application. The application must be signed by the applicant. The notary public will certify the applicant is who is stated on the application.

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