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  • Nrai2020
    Senior Member
    • Apr 2013
    • 2342

    Selling ammo

    What are the rules this year for selling Ammo private party to private party?

    I m getting conflicting reports/answers from those I ve asked??

    Thanks in advance
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Originally posted by Nrai2020
    What are the rules this year for selling Ammo private party to private party?

    I m getting conflicting reports/answers from those I ve asked??

    Thanks in advance
    Starting 01-01-2018...

    Transfer of ownership of ammunition between non-exempt persons must be done through a CA DOJ licensed ammunition vendor or CA FFL dealer. [PC 30312(a)]
    The licensed ammunition vendor (CA FFL dealer) can charge up to $5 to facilitate the transfer of ammunition between non-exempt persons [11 CCR 4263(a)] and can charge a stoarge fee, if the transfer is not immediately [11 CCR 4263(b)].

    If a non-exempt person sells more than 500 rounds in 30 days, then they must be licensed as an ammunition vendor. [PC 30342(a)]

    Starting 07-01-2019...

    A CA DROS must be done on all ammo transfers. [PC 30370(a)]
    ^The regulations determining the fees and process to do this are still being developed.



    Penal Code 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. The ammunition vendor shall promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if the ammunition were the vendor’s own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title.
    (b) Commencing January 1, 2018, the sale, delivery, or transfer of ownership of ammunition by any party may only occur in a face-to-face transaction with the seller, deliverer, or transferor, provided, however, that ammunition may be purchased or acquired over the Internet or through other means of remote ordering if a licensed ammunition vendor initially receives the ammunition and processes the transaction in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part.
    (c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of ammunition to any of the following:
    (1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the ammunition, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual.
    (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 of this title.
    (5) A person whose licensed premises are outside this state and who is licensed as a dealer or 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.
    (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.
    (7) An ammunition vendor.
    (8) A consultant-evaluator.
    (9) A person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is at all times kept within the facility’s premises.
    (10) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.
    (11) A person enrolled in the basic training academy for peace officers or any other course certified by the Commission on Peace Officer Standards and Training, an instructor of the academy or course, or a staff member of the academy or entity providing the course, who is purchasing the ammunition for the purpose of participation or use in the course.
    (d) A violation of this section is a misdemeanor.

    Penal Code 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.

    California Code of Regulations Title 11 Divsion 5 Chapter 10 Section 4263
    In addition to any applicable Department of Justice fee, an ammunition vendor may charge the purchaser a fee(s) for processing the sale of ammunition between two private parties as follows:
    (a) If the purchaser will be present for immediate delivery of the ammunition, the fee shall not exceed five dollars ($5).
    (b) If the purchaser will not be present for immediate delivery of the ammunition, the vendor may charge an additional storage fee as agreed upon with the purchaser prior to the vendor receiving the ammunition.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

    Comment

    • #3
      Nrai2020
      Senior Member
      • Apr 2013
      • 2342

      How would you do this at a FFL if you were to want to sell more than 500 rounds?

      Comment

      • #4
        jimbo74
        Veteran Member
        • Mar 2014
        • 2923

        Originally posted by Nrai2020
        How would you do this at a FFL if you were to want to sell more than 500 rounds?
        You can't

        Sent from my SM-G965U using Tapatalk
        "It is currently CA legal to modify a double-action revolver into a single-action revolver and modify a single-action revolver into a double-action revolver.

        CA DOJ BOF stance on modifying handguns only applies to dimensionally compliant bolt-action single-shot pistols and dimensionally compliant break-open single-shot pistols.
        ^It does not apply to revolvers, manually operated repeating pistols, and semi-auto pistols." ~~ Quiet

        Comment

        • #5
          Milsurp1
          Veteran Member
          • Aug 2016
          • 3091

          Comment

          • #6
            Nrai2020
            Senior Member
            • Apr 2013
            • 2342

            “Transfer of ownership of ammunition between non-exempt persons must be done through a CA DOJ licensed ammunition vendor or CA FFL dealer. [PC 30312(a)]
            The licensed ammunition vendor (CA FFL dealer) can charge up to $5 to facilitate the transfer of ammunition between non-exempt persons [11 CCR 4263(a)] and can charge a stoarge fee, if the transfer is not immediately [11 CCR 4263(b)]...”

            Posted by the poster above.. is it possible to go I into the FFL and some how “transfer” it inside? Whatever that entails??

            Comment

            • #7
              Nrai2020
              Senior Member
              • Apr 2013
              • 2342

              Could you give someone over 500 rounds for free legally? Serious question.

              Comment

              • #8
                ErikC12
                Member
                • Feb 2019
                • 344

                If I'm reading the PC right, it says that you need to be a vendor to SELL more than 500 rounds. So it seems to me that so long as the transfer took place through a dealer, that free gifts and trades would be exempt. That's just my reading of it though.

                Comment

                • #9
                  claylakers
                  Veteran Member
                  • Jun 2012
                  • 2807

                  tagged

                  Comment

                  • #10
                    tradecraft
                    Veteran Member
                    • Jul 2008
                    • 4622

                    Originally posted by ErikC12
                    If I'm reading the PC right, it says that you need to be a vendor to SELL more than 500 rounds. So it seems to me that so long as the transfer took place through a dealer, that free gifts and trades would be exempt. That's just my reading of it though.
                    All transfers.
                    Link to my feedback: https://www.calguns.net/forum/market...ser-tradecraft

                    Comment

                    • #11
                      ErikC12
                      Member
                      • Feb 2019
                      • 344

                      All transfers have to go through a dealer regardless of round count, that's clear from PC 30312, but PC 30342 only mentions a vendor license in regards to sales of 500+ rounds. It takes no position on gifts or trades that I can see. Where are you getting that the 500 round limit would apply to those transfers?

                      Comment

                      • #12
                        mcat707
                        Senior Member
                        • Feb 2009
                        • 2346

                        Comment

                        • #13
                          Milsurp1
                          Veteran Member
                          • Aug 2016
                          • 3091

                          Your FFL is incorrect. There is a lot of misinformation out there though. Some FFLs think that even FFL-facilitated transfers are limited to fifty rounds per month, instead of the actual 500. 50 is the limit for (roughly speaking) bringing hunting ammo back into the state that you took out with you. Definitely keep calling around before you show up.

                          Comment

                          • #14
                            ErikC12
                            Member
                            • Feb 2019
                            • 344

                            I'm still not seeing where there is a 500 round limit on transfers that aren't sales. Can anybody point this out to me in the PC?

                            Comment

                            • #15
                              Milsurp1
                              Veteran Member
                              • Aug 2016
                              • 3091

                              Comment

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