How California's 10-Day Waiting Period and Gun Purchase Process Actually Work
How long is California's waiting period to buy a gun?
California law requires a minimum 10-day waiting period for all firearm purchases, starting from the date and time the Dealer Record of Sale is submitted to the California Department of Justice, not from when the background check clears. Even if the background check is approved quickly, the dealer cannot release the firearm until the full 10-day period has passed.
Can you buy a gun in California through a private sale without going to a dealer?
No. As of current California law, nearly all private-party firearm sales and transfers - including those between individuals who already know each other - must be completed through a licensed dealer. The dealer submits the required paperwork and background check to the CA DOJ. Transfers between certain immediate family members are a narrow exception, but conditions still apply. Verify current rules with the CA DOJ Bureau of Firearms.
What is a Firearm Safety Certificate and do you need one to buy a gun in California?
A Firearm Safety Certificate is required for most firearm purchases in California. To get one, a buyer must pass a written test administered by a CA DOJ-certified instructor or licensed dealer. The test covers safe handling, storage, and basic legal requirements. Certificates are valid for five years. Certain groups, including active-duty military and some law enforcement, may qualify for exemptions per CA DOJ rules.
What disqualifies someone from buying a firearm in California?
California's list of disqualifying factors includes felony convictions, certain misdemeanor convictions including domestic violence offenses, active restraining orders, specific mental health adjudications or involuntary holds, and certain controlled-substance prohibitions. California's prohibiting criteria are broader than the federal baseline in some areas, so a person who can legally purchase a firearm in another state may be prohibited in California. The CA DOJ Bureau of Firearms maintains current guidance.
What happens if the California background check isn't done after 10 days?
If the 10-day waiting period expires and the California Department of Justice has not issued a final approval or denial, California law has specific provisions governing whether a dealer may release the firearm. Dealers are generally not permitted to transfer a firearm while a check remains pending. This area has seen litigation and legislative changes, so buyers in this situation should ask their dealer directly and verify the current rule with the CA DOJ Bureau of Firearms.
Buying a firearm in California involves more steps than walking into a store and walking out with a gun the same day. The state's purchase process runs through a centralized background check system and a mandatory waiting period that applies to nearly every transaction, including purchases between private parties. If you're planning to buy or receive a firearm, here's how the process works under current California law.
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The Basic Steps for Any Firearm Purchase
Every firearm sale or transfer in California, with limited exceptions, must go through a licensed dealer. That includes private-party sales: if you're buying a handgun from a neighbor rather than a gun shop, California law as of this writing generally requires you to complete the transfer through a licensed dealer, not hand-to-hand. The dealer submits a Dealer Record of Sale (DROS) to the California Department of Justice, which runs the background check through its Automated Firearm System. Unlike the federal NICS system used in most other states, California operates its own background-check system through the CA DOJ Bureau of Firearms.
At the point of sale, you'll pay a DROS fee set by the CA DOJ, currently listed on the Bureau of Firearms fee schedule, plus whatever the dealer charges for facilitating a private-party transfer. Fees can change, so check the CA DOJ website for the current amount before you go.
You'll also need a valid Firearm Safety Certificate (FSC) - not to be confused with the older Handgun Safety Certificate - which is required for most firearm purchases in California. Getting one means passing a written test at a licensed dealer or instructor. Certificates are valid for five years. Active-duty and reserve military, law enforcement officers, and certain other categories may qualify for exemptions, per CA DOJ guidance.
The 10-Day Waiting Period: What It Is and When It Starts
After a DROS is submitted, California law requires a minimum 10-day waiting period before the firearm can be released to the buyer. The 10 days begin from the date and time the DROS application is submitted, not from when the background check clears. Even if the DOJ completes the background check the same day with no issues, the dealer cannot legally hand over the firearm until the full 10 days have elapsed.
The waiting period applies to all firearm types: handguns, long guns (rifles and shotguns), and firearms that fall into the state's "other" category. There is no way to pay or apply to expedite it under standard circumstances.
If the 10-day period expires and the DOJ has not issued either an approval or a denial, California law has provisions governing what happens next. Dealers are not permitted to release the firearm if the check is still pending - the rules around this have been subject to litigation and legislative changes, so if you're in this situation, ask the dealer and verify with the CA DOJ directly.
When the Background Check Flags an Issue
The CA DOJ background check looks at state and federal databases. It checks for felony convictions, certain misdemeanor convictions (including domestic violence-related offenses under both state and federal law), active restraining orders, certain mental health holds or adjudications, controlled-substance prohibitions, and other disqualifying factors under California Penal Code and federal law. California's list of prohibiting offenses is broader in some respects than the federal baseline, which is why a person who could legally buy a firearm in another state might be prohibited in California.
If the DOJ issues a denial, the buyer receives a notice. There is an appeal process through the CA DOJ - the denial can be challenged if the buyer believes it's based on incorrect records. The Bureau of Firearms has information on how to initiate that process.
Exceptions to the Standard Process
California law carves out certain limited exceptions to the dealer-transfer and waiting-period requirements. Transfers between immediate family members - specifically, a parent, grandparent, child, or grandchild - are generally exempt from the requirement to go through a dealer, though the parties must still report the transfer to the CA DOJ and other conditions apply. Curio and Relic firearms handled by licensed collectors, and transactions involving law enforcement agencies or officers under specific circumstances, may also be treated differently under current CA DOJ rules.
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The exemptions are narrowly written and have been adjusted by legislation over the years. Don't assume an exception applies to your situation without checking current CA DOJ guidance first.
What to Bring and What to Expect at the Dealer
You'll need a valid California driver's license or state-issued ID. For handgun purchases, you'll also need proof of California residency - in some cases a second document showing your address, such as a utility bill or bank statement, depending on the dealer's reading of the requirements. Long gun purchases have slightly different residency documentation rules, and those rules have been subject to legal changes; confirm what's currently required with the dealer or the CA DOJ before your visit.
Bring your Firearm Safety Certificate if you already have one. If you don't, many dealers can administer the FSC test on-site for a fee. The test covers safe handling, storage, and basic legal requirements, and is multiple choice.
Once the 10-day period clears and the DOJ has approved the transfer, you return to the dealer to take possession. You'll typically be asked to do a basic safety demonstration with the firearm before leaving - California law requires dealers to verify that buyers can handle the firearm safely, specifically for handguns.
This is general information, not legal or financial advice - check the California Department of Justice Bureau of Firearms at oag.ca.gov/firearms and consult a licensed California attorney for guidance on your specific situation.