Discussion in 'Legal' started by Darth-Vang, Oct 21, 2020.
A background check is required and there are two categories of checks:
1) If the purchaser has a record of firearms transfer or registration in the state's Automated Firearms Registry or if the purchaser has a "Certificate of Eligibility", then they get a background check that costs $1.00. There was a lot of misinformation when the law first went into effect that the purchaser had to have an AFS record in the same caliber as the ammunition being purchased, but no such requirement exists in the statute.
2) Other purchasers get an expanded background check and the fee was $19.00 when I last checked.
California adopted a prohibition on the importation of ammunition from outside of the state at the same time it adopted the background checks.
In addition to the above...
1) These types of checks are "instant" (approval or denial is done while you wait).
2) This type of check can take multiple days. Once the Basic Ammunition Eligibility Check is submitted by the CA DOJ licensed ammuntion vendor or CA FFL dealer, the transferee will be given an Ammunition Transcation Number (ATN). The transferee can then check the status of the ATN online, on the California Firearms Application Reporting System (CFARS) via the Ammunition Eligibilty Check webpage.
If approved, it will indicate that the transaction is approved and the transferee can then go to the CA DOJ licensed ammunition vendor or CA FFL dealer, that submitted the check, and complete the transfer within 30 days of when the ATN is approved. Note that the ATN is only valid for one transaction and only valid for 30 days. If ammo is not acquired within the 30 days, then a new Basic Ammunition Eligibility Check must be done.
If denied, CA DOJ BOF will mail a letter with the reason for the denial. The denial letter will arrive at the transferee's address within 4-64 weeks.
Yep. And maybe they can take it with them then, maybe not.
Don't let California happen to your state or worse, the entire country. Vote.
In the past incarnation, non-residents could bring ammo with them while residents of CA were banned
IIRC, if you buy ammo from the range, and shoot it all up at the range, you'd be exempt from registration.
But who knows what the law is this instant?
That's still the case. Here is the text of the California statute (quoted from PC 30314):
"Commencing January 1, 2018, a resident of this state shall not bring or transport into this state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312."
Non-residents of CA can still bring CA legal ammo to CA for personal use.
Only CA residents are required to utilize a CA DOJ licensed ammunition vendor or CA FFL dealer to legally import ammunition, they acquired while outside of CA, into CA. [PC 30314(a)]
That exemption is still in effect. [PC 30312(c)(9)]
Yes. That is correct. Please refer to California Penal Code section 30312(c)(6) for the specific exemption.
I am SO glad I got out of CA!
Is it even possible for the state to trace any ammo that wasn’t bought from Cali? I imagine it doesn’t work very well? Just curious.
The fact is that it doesn't work very well. The law significantly impacts those who choose to follow it (and those folks aren't the ones creating the problem the law purports to solve), while having no effect on those who chose to ignore it. I'm not aware of any prosecutions under the new law.
That asymmetric effect of the law is quite common in California. IMHO, it illustrates the problem with California's law-making schemes. Society has never effected any change simply by enacting a law. Change is effected through social forces and enforcement practices. When we try to change something, we need to define the strategy that will accomplish the change, and then provide the needed resources for that strategy to work. That may involve the making of new laws, but if so, that occurs at the tail end of the process, not at the beginning.
If you do not have a REAL ID compliant DL/ID, then you need additional documentation. [11 CCR 4045.1(b),(c)]
California Code of Regulations Title 11 Division 5 Chapter 4 Article 2 Section 4045.1
This section applies to all firearms and ammunition eligibility checks, including any eligibility check described in Division 5. For the purposes of this section, “eligibility checks” refers to background checks based on any application or report for which an applicant is required to submit a driver license or identification card, or the number from a driver license or identification card, so that the Department of Justice may determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.
(b) For all eligibility checks, if the applicant presents a federal non-compliant California driver license or identification card with the notation “FEDERAL LIMITS APPLY” on the front, the applicant shall also submit proof of lawful presence in the United States, as specified in subdivisions (d) through (g), in the form of one of the following documents:
(1) Valid, unexpired U.S. passport or passport card.
(2) Certified copy of U.S. birth certificate (issued by a city, county, or state vital statistics office). “Abbreviated” or “Abstract” certificates are NOT accepted.
(3) Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240), issued by the U.S. Department of State.
(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.
(5) Certified copy of birth certificate from a U.S. Territory.
(6) Certificate of Naturalization or U.S. Citizenship.
(7) Valid, unexpired Permanent Resident Card.
(c) For all eligibility checks, if the applicant's name as it appears on the federal non-compliant California driver license or identification card differs from the name on the proof of lawful presence document submitted in accordance with subdivision (b), the applicant shall also submit, as specified in subdivisions (d) through (g), one of the following certified documents:
(1) An adoption document that contains the legal name of the applicant as a result of the adoption.
(2) A name change document that contains the applicant's legal name both before and, as a result of, the name change.
(3) A marriage certificate.
(4) A dissolution of marriage document that contains the legal name of the applicant as a result of the court action.
(5) A certificate, declaration or registration document verifying the formation of a domestic partnership.
(6) A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.
See Post #18
I was being a bit sarcastic. Since guns aren't the problem there are no laws that will keep criminals from being criminals.
You're absolutely correct, and what's even worse is that those laws will have a detrimental effect on those responsible citizens that choose to follow them.
Separate names with a comma.