Posted on April 8, 2025 by Jason Davis
The California Department of Justice (CA DOJ) is under fire—and rightfully so. Today, The Davis Law Firm issued a formal legal demand to Attorney General Rob Bonta, calling out the CA DOJ’s blatant non-compliance with federal law governing firearm background checks. As a “Point of Contact” (POC) state under the National Instant Criminal Background Check System (NICS), California is required to provide an appeals process for individuals wrongly denied a firearm purchase. Spoiler alert: they don’t. And the consequences could be massive—both for your Second Amendment rights and for the state’s cozy relationship with the FBI.
You can read the full legal demand letter here.
Under the Brady Act and federal regulations (18 U.S.C. § 922(t), 18 U.S.C. § 925A, and 28 C.F.R. § 25.10), POC states like California must do more than just run background checks through NICS. When they deny a firearm purchase—they’re required to offer a real appeals process. That means:
Back in 2008, California had a solid system: a phone call to start, appeal forms, even fingerprint cards to sort things out. Fast forward to 2025, and it’s a different story. Now, if you’re denied, you get a generic letter in the mail and instructions to fix your records yourself—through courts or other agencies. For federal denials, they punt you to the FBI. For state denials? Good luck—you’re on your own. No phone calls, no evidence submission, no CA DOJ review. Just a shrug and a “figure it out.”
That’s not an appeals process. It’s a dodge.
This isn’t just bureaucratic nitpicking—it’s a direct attack on your rights. The Second Amendment, upheld by landmark cases like Heller (2008) and Bruen (2022), guarantees your right to keep and bear arms. But if the CA DOJ screws up your background check and won’t let you appeal, that right gets trampled without due process. Imagine being denied a firearm because of a clerical error or a misapplied law, with no way to fight back through the state. That’s not just inconvenient—it’s unconstitutional.
And it gets worse. By dumping federal appeals on the FBI and ignoring state-level denials entirely, California is shifting the cost and burden onto federal taxpayers and agencies. The FBI isn’t supposed to clean up California’s mess—especially not when the state chose to be a POC state under its 1998 NICS agreement. This laziness could backfire: the FBI can audit POC states and, if they don’t shape up, revoke their status. If that happens, every California NICS check would revert to federal control, exposing the CA DOJ’s failure on a national stage.
They need to:
If they don’t comply, legal action is on the table. This isn’t a request—it’s a wake-up call. The CA DOJ can’t keep ducking its responsibilities under federal law, and we won’t let them.
We’re watching this closely. The CA DOJ has until May 8, 2025, to respond in writing—either confirming they’ll comply or explaining why they think this broken system holds up. Spoiler: it doesn’t. Federal law is crystal clear, and federal audits show they’ve abandoned a once-working process.
This fight is about more than paperwork—it’s about protecting your constitutional rights and holding the state accountable. It is also about preserving federal resources imposed by state inaction. Stay tuned for updates, and if you’ve been wrongly denied a firearm purchase in California, contact us. We’re here to help you navigate this mess and demand the process you’re entitled to.