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  #241  
Old 06-11-2019, 3:45 PM
Fire4Effect Fire4Effect is offline
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Transferring ammunition between residents.

What information does a CA seller of ammunition have to provide to a dealer when transferring ammunition to another CA resident?
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  #242  
Old 06-15-2019, 5:02 AM
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Originally Posted by Electrician View Post
So what exactly does this mean? I'm not a lawyer nor am I familiar with law practice but this to me sounds like it's okay to transport ammunition into California if it was acquired from a immediate family member? Below I have included the penal code section from which I interpreted.





CHAPTER 1. Ammunition [30210 - 30395] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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.
(b) Subdivision (a) does not apply to any of the following:
(1) An ammunition vendor.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties.
(3) An importer or manufacturer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(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.
(6) A person who acquired the ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.
so let's say my daughter in Oregon gives me 500 rounds of ammo it's legal right?
My question then is does she have to give it to me in calif or can she give it to me in Oregon and I bring it back into Calif?
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  #243  
Old 06-15-2019, 5:29 AM
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Default Ammo consignment?

With the new law about not being able to sell more than 500 rounds a month can a FFL/Ammo Dealer do consignments? Does this count as selling more than 500 in a month?
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  #244  
Old 06-15-2019, 5:50 AM
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Where does it say no more than 500 rounds a month?

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  #245  
Old 06-15-2019, 8:01 AM
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Originally Posted by Troop362 View Post
so let's say my daughter in Oregon gives me 500 rounds of ammo it's legal right?
My question then is does she have to give it to me in calif or can she give it to me in Oregon and I bring it back into Calif?
I'm not an attorney, but am a Paralegal. I would ask that question of an attorney.

In my humble opinion, subdivision (a) does not apply to #6 as defined.

PENAL CODE - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. )
DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )
16720.
As used in this part, “immediate family member” means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

Therefore, if my daughter gave me ammunition in a different state I would be within the statute to cross into California. With that said, you might have to offer proof if challenged.

The same dilemma I think exists if you buy ammo in California, cross over to Arizona for example to compete in a shooting competition and come home with left over ammunition. I'm sure the burden is on the individual to prove where they got the ammunition.
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  #246  
Old 06-15-2019, 8:22 AM
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Quote:
Originally Posted by Troop362 View Post
so let's say my daughter in Oregon gives me 500 rounds of ammo it's legal right?
My question then is does she have to give it to me in calif or can she give it to me in Oregon and I bring it back into Calif?
CA PEN 30314.
Quote:
(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:

(6) A person who acquired the ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.
CA PEN 30312
Quote:
30312.
(a) (1) Commencing January 1, 2018, the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor.
(2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall deliver the ammunition to a vendor to process the transaction.
[...]
(c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of ammunition to any of the following:
[...]
(10) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720
CA PEN 16720.
Quote:
16720.
As used in this part, “immediate family member” means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
CA PEN 30342
Quote:
30342. (a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period.
(b) A violation of this section is a misdemeanor.
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Last edited by Dvrjon; 06-15-2019 at 8:38 AM..
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  #247  
Old 06-15-2019, 8:36 AM
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Originally Posted by Sarah93003 View Post
Therefore, if my daughter gave me ammunition in a different state I would be within the statute to cross into California. With that said, you might have to offer proof if challenged.
Is the standard now to prove we are not committing crimes? If so, we all will be very busy in our day-to-day lives.
Quote:
Originally Posted by Sarah93003 View Post
The same dilemma I think exists if you buy ammo in California, cross over to Arizona for example to compete in a shooting competition and come home with left over ammunition. I'm sure the burden is on the individual to prove where they got the ammunition.
The burden is on law enforcement to prove a crime is being/has been committed.

With that, it would seem prudent in the first case, to have a nice gift card from the daughter, saying, “Love you, {insert relevant relative} here’s some ammo,” or words with similar loving sentiment.

In the second scenario, CA ammo receipts might help, but they don’t prove you didn’t shoot all of the CA ammo, and then buy more in Arizona.

Best.
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Last edited by Dvrjon; 06-15-2019 at 8:39 AM..
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  #248  
Old 06-15-2019, 8:54 AM
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Originally Posted by Dvrjon View Post
Is the standard now to prove we are not committing crimes? If so, we all will be very busy in our day-to-day lives.
The burden is on law enforcement to prove a crime is being/has been committed.
Yeah, disturbing to hear people willingly accept the "guilty until proven innocent" position.
Like Saddam trying to prove he does *not* have WMD (yes, I know, he was a scumbag).
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  #249  
Old 06-15-2019, 10:11 AM
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Originally Posted by Fire4Effect View Post
Transferring ammunition between residents.

What information does a CA seller of ammunition have to provide to a dealer when transferring ammunition to another CA resident?
Neither the statute, nor the regulations, seem to contain any requirement.
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  #250  
Old 06-15-2019, 11:10 AM
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Quote:
Originally Posted by CaliTrav View Post
Where does it say no more than 500 rounds a month?
Late to the party, I see; no matter, plenty of government abuse to pass around.
Quote:
30342.

(a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period.

(b) A violation of this section is a misdemeanor.
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  #251  
Old 06-17-2019, 6:22 PM
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Quote:
Originally Posted by Dvrjon View Post
Neither the statute, nor the regulations, seem to contain any requirement.
Thanks.
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  #252  
Old 06-17-2019, 6:33 PM
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Originally Posted by Librarian View Post
Late to the party, I see; no matter, plenty of government abuse to pass around.
Sorry I might have read this wrong? They cannot sell me more than 500 rounds a month? Or I can't buy more than 500 a month which you use more than that during a weekend training session.

Can I buy 500 rounds from different FFL's? I thought I was up to date with what's changing. I just never heard I can only buy 500 rounds a month. Guess 500 a month on top of what I have will work. This is all BS.

The news already pointed out this is opening the door for out of state residence to come and bootleg ammo here in California and you think criminals won't get ammo

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  #253  
Old 06-17-2019, 8:42 PM
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Quote:
Originally Posted by CaliTrav View Post
Sorry I might have read this wrong? They cannot sell me more than 500 rounds a month? Or I can't buy more than 500 a month which you use more than that during a weekend training session.

Can I buy 500 rounds from different FFL's? I thought I was up to date with what's changing. I just never heard I can only buy 500 rounds a month. Guess 500 a month on top of what I have will work. This is all BS.

The news already pointed out this is opening the door for out of state residence to come and bootleg ammo here in California and you think criminals won't get ammo

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No, no, you can buy as much as your wallet can stand; it's selling, as an individual without an ammo vendor license, that is restricted to 500/month.
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  #254  
Old 06-17-2019, 8:51 PM
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Originally Posted by Librarian View Post
No, no, you can buy as much as your wallet can stand; it's selling, as an individual without an ammo vendor license, that is restricted to 500/month.
Ah gotcha, that's what threw me off. Thanks for the clarification! I was like damn, I can go through more than 500 rounds on a good weekend easy.

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  #255  
Old 06-17-2019, 9:18 PM
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ive been told the ca doj is going to require the new real id for ammo purchases after july 1. is this true?
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  #256  
Old 06-17-2019, 9:52 PM
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Originally Posted by HOGDOG1955 View Post
ive been told the ca doj is going to require the new real id for ammo purchases after july 1. is this true?
Proposed "Emergency" Regs re REAL ID Requirements
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  #257  
Old 06-18-2019, 7:32 AM
HOGDOG1955 HOGDOG1955 is offline
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thank you for the link.
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  #258  
Old 06-18-2019, 11:36 AM
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The background check law in July does not impact importation via FFL03+COE, correct? That says "ammunition vendors" shall.... And since the PC allows shippers outside of CA to send ammo via that exception, it sounds like those businesses are NOT ammunition vendors per PC defintion

I just go an email from Freedom Munition saying that they are not shipping to CA any more. When I asked if they will continue to server FFL03+COE, they said I'd need to contact their dealer program but they only deal with 02 and 06 types. I have sent them an email asking for their clarification.
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  #259  
Old 06-18-2019, 12:06 PM
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Hello,

First, thank you for responding to my earlier inquiries (as I haven't had a chance to do so.)

Second, I am planning to attend shooting contests in 2 different states (WA & TX) and I will be driving to both locations with about 1500 rounds of reloaded (i.e. not Factory) ammo and probably bring back about 600 to 700 rounds back each time. Therefore, is there any documentation that I would need in order to establish that this ammo are reloads (i.e. handloads).

Thanks!
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  #260  
Old 06-18-2019, 12:33 PM
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Quote:
Originally Posted by LABerettaUser View Post
I am planning to attend shooting contests in 2 different states (WA & TX) and I will be driving to both locations with about 1500 rounds of reloaded (i.e. not Factory) ammo
Take only the amount of ammo you need to shoot. Once you leave CA with ammo, it cannot be easily brought back in. It does not matter if they are reloads. It does not matter that you didn't purchase them out of state. Once they're out, they're out and have the same status as ammo behind a shelf in a store.

The only legal way to bring your ammo back in is to ship it to a willing FFL, pay the FFL's fee for handling it for you, and pick it up once you return. Crossing the border into CA with any ammunition on you, reloads or otherwise, is illegal.

EDIT: Well, that's a lesson in being certain before opening your mouth. Apparently PC 30314 only covers ammo bought outside of CA, but the tricky part is convincing an officer that you didn't buy it out of state....

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 3 0312.
How you prove you didn't buy it out of state? Who knows. But if I was incorrect in my understanding of CA firearms law, you can bet a highway patrolman can be too. What you propose is incredibly risky and might not be worth the extra hassle of having a few extra rounds on hand. Calculate what you need beforehand and be ready to toss any leftovers

Last edited by tenemae; 06-18-2019 at 12:41 PM..
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  #261  
Old 06-18-2019, 5:23 PM
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You don't have to convince an officer of anything. In order to charge you under 30314 he has to be able to prove that the ammunition in your possession was bought out of state. Innocent until PROVEN guilty, not the other way around.
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  #262  
Old 06-18-2019, 5:26 PM
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Then again there is a way to avoid all this BS. Just start loading your own. Brass, primers, powder, and projectiles all perfectly legal to have shipped direct to you. All you have to do is "assemble" the components yourself.
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  #263  
Old 06-18-2019, 8:10 PM
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Quote:
Originally Posted by tenemae View Post
EDIT: Well, that's a lesson in being certain before opening your mouth. Apparently PC 30314 only covers ammo bought outside of CA, but the tricky part is convincing an officer that you didn't buy it out of state....
How you prove you didn't buy it out of state? Who knows. But if I was incorrect in my understanding of CA firearms law, you can bet a highway patrolman can be too. What you propose is incredibly risky and might not be worth the extra hassle of having a few extra rounds on hand. Calculate what you need beforehand and be ready to toss any leftovers
Another lesson we keep pointing to in this is issue: it is law enforcement’s duty to prove a violation and the DAs duty to prove guilt. It isn't an individual’s requirement to prove their innocence. Please refer to the 5th and 14th Amendments of the Constitution of the United States for clarification.
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  #264  
Old 06-18-2019, 9:17 PM
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Quote:
Originally Posted by Chuck S View Post
Then again there is a way to avoid all this BS. Just start loading your own. Brass, primers, powder, and projectiles all perfectly legal to have shipped direct to you. All you have to do is "assemble" the components yourself.
Too inconvenient. Why would anyone want to have to assemble a self-loaded cartridge, when flats are a mouse-click away?

Personally, I like the ability to load my own shotgun shells. I can load up nice 7/8 ounce, 1,350 f/sec target loads that shred clays every chance I get to go to the range. Since I can't order the specific load anywhere over the Internet, it is hand load or no go.
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  #265  
Old 06-20-2019, 9:54 AM
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TargetSportsUSA is apparently wrong? They sent out this email:

Quote:
IF YOU ARE A CURRENT CUSTOMER WHO IS:
LAW ENFORCEMENT / PEACE OFFICER
A TYPE 03 (CURIOS & RELICS) FFL HOLDER

BUY NOW! We will be shipping orders to CA until 4:00pm EST this Friday, June 21st. www.TargetSportsUSA.com
As of 4:00pm EST this Friday, June 21st, we will be forced to remove the exempt status on your account. Unfortunately, Prop 63 states you will no longer be eligible for online purchases of ammo delivered directly to you, solely face-to-face transfers will be allowed.
The next time you log in, please select an FFL Dealer from our available list, or add your own to continue purchasing ammo from Target Sports USA!.

But then go on to say


Quote:
IF YOU ARE A CURRENT CUSTOMER WHO HAS BOTH:
A TYPE 01, 07, 08, 09, 10 OR 11 FFL / AMMUNITION VENDOR LICENSE
CERTIFICATE OF ELIGIBILITY
CONGRATS! You will still be exempt after July 1st! You can browse our ammo selection here: www.TargetSportsUSA.com
REPLY TO THIS EMAIL (ffl@targetsportsusa.com) with the following required information to become exempt: **We need both your FFL & COE!**
CERTIFICATE OF ELIGIBILITY
TYPE 01, 07, 08, 09, 10 OR 11 FFL HOLDER / AMMUNITION VENDOR LICENSE
EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT
Please Note: As of 4:00pm EST this Friday, June 21st, our system will remove all saved exemptions, new credentials emailed to us will be uploaded on Monday, June 24th.
Notice they ignore C&R + COE....
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  #266  
Old 06-20-2019, 9:58 AM
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It was my understanding that LE was exempt from these but now I’m hearing they are only exempt form certain sections. Are there LE exemptions from having to get background checks or having ammo shipped directly?
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  #267  
Old 06-20-2019, 10:24 AM
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Quote:
Originally Posted by BryMan92 View Post
TargetSportsUSA is apparently wrong? They sent out this email:




But then go on to say




Notice they ignore C&R + COE....
Their site, their rules. They've decided to play it safe come July 1st. At least they'll still ship to CA unlike many others who chose to close shop on CA business.
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  #268  
Old 06-20-2019, 11:00 AM
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Target Sports U.S.A.
https://www.targetsportsusa.com/t-gun-ammo-laws.aspx

California
• No direct sale of ammunition to consumers unless the purchasing individual is exempt from California state law
If you are not exempt, all ammunition orders must be shipped to a Federal Firearms Dealer for transfer
(Dealer rates do vary, please contact dealer prior to placing an order)
**Exemptions include active Law Enforcement Officers, active Peace Officers and FFL holders (Type 03 included)

• No ammunition magazines and feeding devices over 10 rounds
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  #269  
Old 06-20-2019, 11:33 AM
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I emailed TargetSportsUSA and their President reached out. I sent him the Penal Code information. Apparently, from this thread:

http://www.calguns.net/calgunforum/s....php?t=1494640

Someone claimed CADOJ says FFL03 do not count but that would be opposite the statue as-written.
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  #270  
Old 06-20-2019, 12:20 PM
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My E-mail to TSUSA regarding discontinuation of sales to CA holders of FFL03+COE:

To Whom It May concern:

I am surprised, disappointed and confused by your position to discontinue sales to California holders of FFL03 and COE licenses. My review of the Proposition 63 link that you have provided with appropriate CA PC Sections show that:

1.1) Section 8.6 of Section 30312 of the PC is amended and states:

(2) Subdivisions (a) and (b) shall not apply to or affect the sale, delivery, or transfer of handgun ammunition to any of the following:

(6) 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.

2.) Licensed ammunition vendors have certain responsibilities per Article 3 of Prop 63.

My questions for TargetsportsUSA are:

a.) Why are you ignoring the clear exemption for holders of both FFL03 + COE found in Section 30312?

b.) Are you indicating that you are or will become a licensed CA ammunition vendor and as such as bound by in-state sales requirements? Does this mean that you will be reporting ammo purchases including buyer information and quantities? Does this mean that all your sales staff will have valid California COEs and you are allowing auditing of your business by local CA officials? Where do you see that in-state vendor requirements apply to out of state entities such as TargetsportsUSA?

I know that times of change and regulatory foolishness (?) are hard and I appreciate TargetsportsUSA’s support of California purchasers in times past, but I would ask that you either provide more information about your decision and it’s legal underpinnings or that you rethink your position.

Respectfully yours,
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Old 06-22-2019, 2:43 PM
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Default New Ammo Laws/Intrafamilial transfers?

IF a person has had a pistol registered to them thru Intrafamilial transfer and has Never purchased one at a Dealer will Ca state recognize them on the New DOJ Ammo approved list? Will they have to register to purchase ammo or will they already be Approved? hmmmmmm.....
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Old 06-22-2019, 2:48 PM
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IF a person has had a pistol registered to them thru Intrafamilial transfer and has Never purchased one at a Dealer will Ca state recognize them on the New DOJ Ammo approved list? Will they have to register to purchase ammo or will they already be Approved? hmmmmmm.....
Someone may correct me, but afaik the "New DOJ Ammo approved list" is separate. As I understand it, you pay $1 for an ammo background check after showing your id. Should not matter if you own or don't own a gun.
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Old 06-22-2019, 3:02 PM
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IF a person has had a pistol registered to them thru Intrafamilial transfer and has Never purchased one at a Dealer will Ca state recognize them on the New DOJ Ammo approved list? Will they have to register to purchase ammo or will they already be Approved? hmmmmmm.....
There is no “New DOJ Ammo Approved List”.

The Intra-familial transfer paper work put the gun into the Automated Firearms System (AFS) associated with you. When you purchase ammo, $1.00 gets your DL data bumped against the AFS, then against the APPS (Armed Prohibited Persons System). You’ll be in AFS, and not (hopefully) in APPS. Your purchase gets approved.

See CAPEN 30370(b) and DOJ draft regulations Section 4302.
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Old 06-22-2019, 3:03 PM
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Originally Posted by -hanko View Post
Someone may correct me, but afaik the "New DOJ Ammo approved list" is separate. As I understand it, you pay $1 for an ammo background check after showing your id. Should not matter if you own or don't own a gun.
Again, no separate list. If you have no gun associated to you within AFS, you will have to pay $19 and wait up to an undetermined number of days days to be cleared for purchase. That clearance, once given, is good for one purchase or 30 days from approval, whichever comes first. If, two days later, you want to buy more, you pay another $19 and wait. See See CAPEN 30370(c) and DOJ draft regulations Section 4303.
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Old 06-22-2019, 3:08 PM
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Again, no separate list. If you have no gun associated to you within AFS, you will have to pay $19 and wait up to an undetermined number of days days to be cleared for purchase. That clearance, once given, is good for one purchase or 30 days from approval, whichever comes first. If, two days later, you want to buy more, you pay another $19 and wait.
Correct me if I’m wrong but I thought it was $19 one time, assuming you have no registered firearms. Then you’re ‘in the system’.
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Old 06-22-2019, 3:21 PM
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Correct me if I’m wrong but I thought it was $19 one time, assuming you have no registered firearms. Then you’re ‘in the system’.
CA PEN 30370(c) says:
Quote:
(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.
See DOJ draft regulations, section 4303(d).
Quote:
(d) The ammunition vendor will provide the purchaser or transferee an ATN to monitor the status of the Basic Ammunition Eligibility Check through the Department’s CFARS website.
(1) An approved Basic Ammunition Eligibility Check can only be used for one ammunition purchase or transfer, and the approval expires 30 calendar days from when it is issued.
The “System” being used is the Automated Firearms System (AFS). By law, it can only be used to lodge data related to firearms (hence the name). It can’t be used to carry data solely related to ammo purchase, so your ammo purchase clearance can’t be lodged there.
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  #277  
Old 06-25-2019, 10:02 AM
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Here's a question and I'm hoping it can be answered

I refuse to participate in the ammo information collection the state wishes to have

I've made a purchase legally prior and I found out today it will be arriving on the 1st of July

even though I purchased the ammo a week prior it will I still be having two participate in this unconstitutional Act of data collection?

During Freedom week any magazines that were purchased on or before 5 p.m. Friday regardless of when shipped we're okay I'm wondering if that's the same for this ammo law coming into effect on the 1st

I wish to not have to do a background check for ammo I purchased before the law took effect

I can't find anything on this hopefully someone can help.

// wall of text edited - Librarian

Last edited by Librarian; 06-25-2019 at 10:34 AM..
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  #278  
Old 06-25-2019, 10:35 AM
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If the ammo is going to a CA FFL - and I suppose it is - then the FFL is required to do the background check as of Jul 1.
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  #279  
Old 06-25-2019, 10:42 AM
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That sucks since the purchase was legally made prior to the law enactment.
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Old 06-25-2019, 12:10 PM
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Quote:
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That sucks since the purchase was legally made prior to the law enactment.
The law is concerned with the date of transfer, not the date of sale.
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