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  #41  
Old 01-05-2018, 2:47 PM
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Originally Posted by FISHNFRANK View Post
I’ll just carry reloads on my hunting trips...no worry about having to prove retail boxes of ammo were mine to begin with. Hahahaha
Whether you bring back a substantial amount of reloads or ammo legally purchased in CA back into CA, I'm sure a LEO with a stick up his rearend could just say, "tell it/proove it to the judge". Therefore incurring costly court fees.

This is such a cluster$&$# and so many possibilities of breaking the law.
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  #42  
Old 01-05-2018, 3:06 PM
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Originally Posted by Bt Doctur View Post
How would they what your carrying unless you tell them. Answer no questions,
You are under no obligation to answer anything
In the case of an actual search of course. Pick any reason you want.
Just a scenario.
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  #43  
Old 01-05-2018, 5:45 PM
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Originally Posted by FISHNFRANK View Post
I’ll just carry reloads on my hunting trips...no worry about having to prove retail boxes of ammo were mine to begin with. Hahahaha
Please cite the actual text of the law that exempts reloads you personally made in CA from having to go through a LAV when re importing them into CA. I'll save you some time, THERE ISN'T ONE! So, unless you can prove that you PURCHASED them in CA, you're SOL on bringing them back to CA. Hahahahahaha!
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  #44  
Old 01-05-2018, 6:33 PM
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Originally Posted by CSACANNONEER View Post
Please cite the actual text of the law that exempts reloads you personally made in CA from having to go through a LAV when re importing them into CA. I'll save you some time, THERE ISN'T ONE! So, unless you can prove that you PURCHASED them in CA, you're SOL on bringing them back to CA. Hahahahahaha!
30314.

(a) 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.

Right there in bold.
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  #45  
Old 01-05-2018, 6:45 PM
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Originally Posted by CSACANNONEER View Post
Please cite the actual text of the law that exempts reloads you personally made in CA from having to go through a LAV when re importing them into CA. I'll save you some time, THERE ISN'T ONE! So, unless you can prove that you PURCHASED them in CA, you're SOL on bringing them back to CA. Hahahahahaha!
Quote:
30314.

(a) 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.
I will argue that the law only prohibits bringing ammo into CA that was obtained from outside of CA unless it it first delivered to a LAV. It is silent on taking ammunition obtained in CA out of state and then bringing it back.

IANAL, but I believe that laws are written to prohibit actions or proscribe how things will be done. If no law is written about an action then that action is presumed to be legal. So in this case, the state would have to prove that the ammo was obtained from out of state and is being brought into the state in violation of the law.

I would further argue that had the ammo been purchased out of state and delivered to a LAV then properly delivered to the CA resident and later the resident went out of state with the ammo and returned with some of the ammo, he still would not be in violation. The ammo was first delivered to a LAV so it was ultimately legally obtained in CA. It now belongs to the CA resident in CA. It is no different than ammo that a resident would buy from a local gun store.

If you legally possessed in when you left, you should be able to legally posses it when you return. I doubt that even the most liberal minded judge would disagree. Otherwise, the state could make all of us re-DROS our guns if we left the state with them upon our return.

This is one concept that just might destroy this stupid law.
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  #46  
Old 01-05-2018, 7:39 PM
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Originally Posted by jeremiah12 View Post

If you legally possessed in when you left, you should be able to legally posses it when you return. I doubt that even the most liberal minded judge would disagree.

.
That is what I have been thinking. If you own it legally then you can come and go with it as you please. Some have argued that ammo bought before the law went into effect can not be taken out of the sate and brought back in. That makes no sense at all. If it is legally owned it does not matter when you bought it.
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  #47  
Old 01-05-2018, 9:06 PM
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Originally Posted by Eureka1911 View Post
That is what I have been thinking. If you own it legally then you can come and go with it as you please. Some have argued that ammo bought before the law went into effect can not be taken out of the sate and brought back in. That makes no sense at all. If it is legally owned it does not matter when you bought it.
Again, IANAL, my first vocation was a research scientist so I approach trying to read the law and figure out what might be okay and what might not be based on logic. It sometimes work but the law and our legal system, especially in CA are not based on logic and many times do not make any sense. That is why I actually do pay for a 30 minute consult with a gun attorney once or twice a year. The money is well spent. It is often easier to avoid problems than to find yourself in a bad legal mess with your only hope of keeping your freedom is a very good attorney.

Quote:
30314. (a) 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.
Understand, the first time you are caught is an infraction so if you want to challenge it, it will be before a judge with no DA and no jury. The LEO who wrote the citation will be there and the judge will want to get this over with quickly. The judge often times would rather consider you guilty and you are trying to prove yourself innocent. This is not how it is supposed to be, but it is just the way it is. It is like traffic court, everybody there was not speeding, was being singled out, and the radar was malfunctioning.

So, I buy ammo in Reno on 12/30/17 and bring it back to CA on the same day. Then on 2/19/18 I decide to go to Reno with some friends to do some shooting. I take the ammo I purchased in Reno with me. I do not use it up so I return with a box of ammo.

A mile over the state line I get pulled over for speeding and the officer sees the box of ammo on my front seat so he cites me for importing ammo from out of state and confiscates it.

I show up to court with the receipt that shows I purchased 5 boxes of WWB 115 grain 9mm ammo from Cabbalas on 12/30/17. The confiscated box has a Cabbalas tag on it with the same price as my receipt shows and the judge accepts it is the same ammo I bought before the law went into affect. He still rules against and fines me.

Why? I originally obtained the ammo out of state. Yes, I obtained it before the new laws went into affect but that does not change the fact I am a CA resident who first obtained this ammo from out of state.

Reread the first part of the PC again:
Quote:
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
Starting 1/1/18 a CA resident shall not bring into this state ammunition that was obtained from outside of this state. Notice that it did not say obtained outside this state after 12/31/17 or obtained outside this state starting 1/1/18.

This is being nit-picky, but does the phrase, "Commencing January 1, 2018 only refer to a resident of this state transporting into the state or does it apply to transporting into the state and ammo obtained after the date?

As a high school teacher now, I work with several English teachers. The one thing I have learned from them is, if a phrase is supposed to refer to more than one part of a sentence, make that extremely clear. Do not be lazy, you might have to write the phrase twice or break one sentence into two sentences. Whatever you do, do not leave room for confusion.

BTW, this was also true for technical and scientific writing.

Based on the sentence structure and the simplest plain meaning of the text, the date only refers to the act of importing into this state. That is a "safe" interpretation. Adding a clarifying phrase so the part about ammo read: any ammunition that he or she purchased or otherwise obtained from outside of this state on or after 1/1/18 would had simply clarified things if this is what the people writing the proposition really intended.

It may not make logical sense, but it is not an undue burden to deliver the ammo to a LAV before bringing back to CA so that is how i rule. Pay the clerk $250.

I would then argue once the ammo was delivered to a LAV, the requirements of the law were fulfilled and the ammo could then be taken out and brought back as many times as you wanted.

Personally, this whole issue is absurd. Enforcement is nearly impossible. Enforcement efforts will require labor and cost intensive activities all for something that results in an infraction for first time offenders. CA is decriminalizing marijuana and criminalizing ammunition.

If the first offense was a felony, I believe the courts would look at it more closely and there would be a better chance to get a ruling that the ambiguity is too much to risk a severe consequence over a relatively minor offense.

We want to believe judges rule based strictly on the Constitution but I have read too many opinions and been in too many courtrooms and listened to rulings by too many judges to know what reality is is.

I learned from my mother to assess risk from a phrase she used often; is this hill worth dying for? Just because a cause is right does not mean it is worth all of your effort to fight for it. Pick your battles carefully. I would not take ammo out of state that I had purchased out of state prior to 1/1/18. I would just buy the ammo out of state and use it out of state. Problem solved. If you have extra, send it to a close relative in CA, a parent, child, grandparent. That is legal.

If you want to avoid all problems, get a FFL03 and COE. Carry it at all times and you are exempt from all the BS ammo laws. I have mine and that is my plan. Then the money I save from not having to fight any potential legal issues I can donate to the NRA to help fund the legal fight to challenge this law and invest in the Dillon 650 reloader I plan to purchase this summer.
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  #48  
Old 01-06-2018, 6:02 AM
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Originally Posted by mshill View Post
30314.

(a) 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.

Right there in bold.
Doh! I'm glad I was wrong. I guess I should have read the law (again) before making my post. I feel like an idiot right now but, that's OK because, at least I'm a happy idiot right now!
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  #49  
Old 01-06-2018, 7:16 PM
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Originally Posted by nidm View Post
was just in Big 5 (yeah,in california). someone just bought a 525 value pack 22lr. no extra step, except with a $10 off 30 coupon.

are not we in 2018 already ?

no complaining. but for a person planned ahead for the new year, i feel cheated by the govnment again
The extra step is you have to purchase from a shop that is a LAV and can't just buy it anywhere.
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  #50  
Old 01-06-2018, 7:19 PM
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Originally Posted by nidm View Post
was just in Big 5 (yeah,in california). someone just bought a 525 value pack 22lr. no extra step, except with a $10 off 30 coupon.

are not we in 2018 already ?

no complaining. but for a person planned ahead for the new year, i feel cheated by the govnment again
Whats your point? Obviously big 5 is an FFL and therefore a Licensed Ammunition Vendor.
Yes, it is 2018!
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  #51  
Old 01-07-2018, 7:07 AM
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Originally Posted by Captamer21 View Post
The question is? Are they really going in enforce? Are they going to make a illegal search on your vehicle?
Not for an infraction.
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  #52  
Old 01-07-2018, 7:27 AM
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Just for clarification Leo's are exempt from online orders and bringing ammo in the state?
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  #53  
Old 01-07-2018, 7:56 AM
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Originally Posted by davedog665 View Post
Just for clarification Leo's are exempt from online orders and bringing ammo in the state?

LEO who carry a firearm in the performance of their duties. This means that some, like correctional officers who don’t carry, are not exempt.


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  #54  
Old 01-07-2018, 10:22 AM
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Originally Posted by mshill View Post
Not for an infraction.
Will this still be an infraction after 2019, when background checks commence?
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  #55  
Old 01-07-2018, 10:33 AM
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Are FFL-03+COE exempt from the transportation Law? 30314(5)?

Can I continue to make my OOS purchases and bring them back in 2018?

I've been sniffing out all these threads, and see the "proposed" law, but can't find a specific answer, or find the "actual" law.
Thanks
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  #56  
Old 01-07-2018, 10:47 AM
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Originally Posted by PatC415 View Post
Are FFL-03+COE exempt from the transportation Law? 30314(5)?

Can I continue to make my OOS purchases and bring them back in 2018?

I've been sniffing out all these threads, and see the "proposed" law, but can't find a specific answer, or find the "actual" law.
Thanks
http://leginfo.legislature.ca.gov/fa...4.&lawCode=PEN


(a) 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.

(b) Subdivision (a) does not apply to any of the following:
(5) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
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  #57  
Old 01-07-2018, 10:58 AM
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Quote:
Originally Posted by ΜΟΛΩΝ ΛΑΒΕ View Post
http://leginfo.legislature.ca.gov/fa...4.&lawCode=PEN


(a) 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.

(b) Subdivision (a) does not apply to any of the following:
(5) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
That's what I was hoping applied. Thanks
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  #58  
Old 01-07-2018, 12:20 PM
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Originally Posted by Jrocket View Post
(8) A consultant-evaluator.


Has this part been discussed? Do they have a legal definition for this?
http://leginfo.legislature.ca.gov/fa...tionNum=16410.
As used in this part, “consultant-evaluator” means a consultant or evaluator who, in the course of that person’s profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710.
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  #59  
Old 01-07-2018, 2:07 PM
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Originally Posted by 3rd_gear View Post
Will this still be an infraction after 2019, when background checks commence?
Section 30314 that deals with bringing ammo into the state started last week and does not have anything to do with sales or transfers in the state or the background checks or record keeping that comences in 2019.
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  #60  
Old 01-07-2018, 5:56 PM
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Default Does a CA CCW exempt you from an ammo purchase background check?

I have heard a rumor of sorts that those with CA ccw would be exempt from the background check that is required when purchasing ammo. I have done some digging but can not seem to find anything that supports this notion, or discredits it completely.

Any input?
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Old 01-07-2018, 6:06 PM
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Originally Posted by bballwizard05 View Post
I have heard a rumor of sorts that those with CA ccw would be exempt from the background check that is required when purchasing ammo. I have done some digging but can not seem to find anything that supports this notion, or discredits it completely.



Any input?

I haven’t heard that, but at the same time it’s a year too early to be asking any questions about ammo background checks, associated fees, ammo cards, or anything else associated with that. I know a lot of the details are still being finalized, and for now except for the loss of ammo by mail, nothing has changed in the retail market.

I would wait 9 or 10 months and ask again.



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  #62  
Old 01-07-2018, 6:10 PM
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The real question is whether a CCW equals a COE. It should but it does not. It would be nice if it were so.
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Old 01-07-2018, 6:34 PM
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Originally Posted by bballwizard05 View Post
Good to know, I appreciate that clarification. I'm working on this info for a couple of friends/family that still live in CA and was not aware of what portions of this have already started and which are still going to take effect next January.

/thread for now.
Merged your thread with the existing ammo thread; read the first two posts.
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Old 01-07-2018, 6:56 PM
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Is the 03FFL+COE exempt still valid after 01/01/2019?
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Old 01-07-2018, 8:44 PM
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I was curious about what will happen starting 7/1/19 so I did a bit of searching and found this: https://leginfo.legislature.ca.gov/f...ctionNum=30370.

Quote:
30370.
(a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition:
(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess ammunition as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).

(b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing ammunition by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.
(c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225 and not to exceed the department’s reasonable costs.
Apparently, the one part of SB1235 that survived Prop 63 was the part the requirements to get get approved to purchase or receive ammo. So the $50 ammo card is out.

To be approved you first have to be not a prohibited person, then you have to have a gun registered with the state, or have a COE, or go through the process to have a single ammo transaction approved. The DOJ has to develop a procedure for that.

Note though that the single transaction fee can legally be no more than the DROS fee. The DOJ would never be tempted to charge that much to do a background check so the excess could be used for enforcement activities as written into the law. :roll eyes:

It looks like the FFL03 and COE is looking even better after 6/30/19. Buy online or out of state and for emergency needs use the COE to not pay the background check fee. Of course you still have to pay the $1 ammo transfer fee mentioned further on.
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Old 01-07-2018, 10:01 PM
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A mile over the state line I get pulled over for speeding and the officer sees the box of ammo on my front seat so he cites me for importing ammo from out of state and confiscates it.
I'd check with your attorney about the legality of confiscating property for an infraction. The proscribed penalty for this infraction is a fine of up to $250. There is no provision for confiscation.

Will they confiscate your car for the speeding ticket?

And how did the cop in your story know anything about the ammo?? Unless you tell him and he can prove it was purchased out of state (and after 12/31/17) there is no reason he would even know its origin.
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Old 01-08-2018, 4:44 AM
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I'd check with your attorney about the legality of confiscating property for an infraction. The proscribed penalty for this infraction is a fine of up to $250. There is no provision for confiscation.

Will they confiscate your car for the speeding ticket?

And how did the cop in your story know anything about the ammo?? Unless you tell him and he can prove it was purchased out of state (and after 12/31/17) there is no reason he would even know its origin.
The confiscation is to hold for evidence until your court date.

Remember, when you sign a speeding ticket, you are promising to appear in court. When you get the fine in the mail, that is the bail. You have a choice, send in the bail amount and elect to forfeit it because you agree to not contest the ticket, in essence you are pleading guilty, or show up in traffic court and contest the ticket. In traffic court, the officer that issued the ticket will be present to present testimony.

For ammo, if the officer did not confiscate the ammo, the main evidence would not be available to the court. Also, you would not be able to use it as evidence for your defense because the legal chain of custody would have been broken if you kept it and then brought it in.

The court would want to see any price tag on it and if you did in fact buy it in CA and had a receipt, you would want to be able to present the receipt and have the court credibly believe that the price tag on the box and the box itself is the same one that was confiscated. No person would attempt to substitute a CA purchased box of ammo when they went to court.

Yes, this is from an attorney. My aunt is a retired attorney so I do ask her general legal questions from time to time. A long time friend of the family is married to an attorney who works for our DAs office, so when we get together, I can ask her some general questions from time to time.

As for getting the ammo returned, that would be up to the court and I have no idea how that would go. If the court determined you imported it illegally, or you just paid the fine and did not contest it, you may not get it back because you committed an illegal act. Then again, for an infraction, you might be able to get it back, that only an attorney could shed light on, and I have not asked because it does not personally effect me. I have a FFL03 and COE so why worry.

I can take care of myself and my family with the ammo while I do what I can to help the effort to fight this BS law.
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Anyone can look around and see the damage to the state and country inflicted by bad politicians.

A vote is clearly much more dangerous than a gun.

Why advocate restrictions on one right (voting) without comparable restrictions on another (self defense) (or, why not say 'Be a U.S. citizen' as the requirement for CCW)?

--Librarian
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Old 01-08-2018, 12:45 PM
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What makes you think you have a right to trial by jury for a first time infraction?

You are correct, no jury trial.
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Old 01-08-2018, 11:26 PM
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Apologies, but can I ask for a confirmation on face to face sale of ammo between two 03FFL+COE holders?

Is it legal to sell less than 500 rounds in 30 days in this case?

Any difference if the seller is the only one with 03FFL+COE?

Thanks in advance.
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Old 01-09-2018, 5:58 AM
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What i can not understand is how they are going to prove you bought ammo out of state unless they see you cross the border and stop you later near the border.

If you are not near the border and claim you have not been out of state and have a ammo box full of 30-06 m2 ball. how are they going to prove you got it out of state unless you admit it.

I know a lot of back roads across the calif border.
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Old 01-09-2018, 6:39 AM
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QUESTION: right now, what are FFL doing with private sales. Do they just take the ammo from the seller and hand it to the buyer while collecting their fee or is tax and paper work involved.
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Old 01-09-2018, 8:51 AM
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What i can not understand is how they are going to prove you bought ammo out of state unless they see you cross the border and stop you later near the border.

If you are not near the border and claim you have not been out of state and have a ammo box full of 30-06 m2 ball. how are they going to prove you got it out of state unless you admit it.

I know a lot of back roads across the calif border.
^^^^ Exactly
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Old 01-10-2018, 5:50 PM
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Default California Ammunition Sales

If an FFL has an "Ammunition Vendor License", I am assuming he can buy it but what are the restrictions, if any, about selling it?
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Old 01-10-2018, 6:11 PM
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How fat is your wallet?

That's it for licensed vendors selling ammo.
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Old 01-11-2018, 7:56 PM
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Ammo ship to your door LEGALLY in 2018.

https://www.youtube.com/watch?v=E73BawSiVzQ
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Old 01-11-2018, 8:18 PM
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Ammo ship to your door LEGALLY in 2018.

https://www.youtube.com/watch?v=E73BawSiVzQ
C&R license and COE, just like the Penal Code states.
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Old 01-11-2018, 10:05 PM
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Is one eligible for an FFL03 if they do not collect curio or relic firearms?


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Old 01-11-2018, 10:15 PM
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Is one eligible for an FFL03 if they do not collect curio or relic firearms?


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There is no limit on how many curio and relic guns you have to buy.I have had my COE and FFL for 20 years and have never heard such a thing. That would pretty much negate what CA is trying to do and that is get rid of guns in CA.

"Hey Pal, you haven't bought enough guns, you are in big trouble now". Say's no one. LOL

I contacted Freedom Munitions and asked how I would use my 03FFL and COE. They said not at this time. Here is their response.
Jan 10, 07:02 PST
Dear John,

We have a program to ship your orders to a licensed reseller of ammunition, so that you can continue to order your favorite ammo from FreedomMunitions.com. Please forward the link below to your local store so they can contact us to get signed up and registered as a shipping location for Freedom Munitions.

During the checkout process, you will be required to select a FFL Shipping destination from our current list of participating FFL partners.

http://dealers.howellmunitionsandtec...erProgram.html

While the law does allow for certain exemptions, our system does not - yet. We are working on new functionality that will allow us to ship directly in certain situations, but we do not have an expected date for that to be available. We are working on it, but we can't do it just yet.

As always, thank you for shopping with us!
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Last edited by johnthomas; 01-11-2018 at 10:42 PM..
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Old 01-12-2018, 8:16 AM
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Originally Posted by Whiterabbit View Post
In 2019 when we need a purchase permit, will that apply to ffl03 holders?
No "purchase permit" will be required in 2019. Your CA DL or ID will do.
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Old 01-12-2018, 8:31 AM
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Here is the law regarding post 7/1/19 ammunition purchases:

https://leginfo.legislature.ca.gov/f...r=1.&article=4.
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