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CA Gunsmith licensing requirements

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  • Tyke8319
    CGN/CGSSA Contributor
    CGN Contributor
    • Nov 2013
    • 2105

    CA Gunsmith licensing requirements

    The back story:
    I've been in the retail/gunsmithing business for 52 years. Calif's upcoming June 23 new laws are forcing me to close down my retail firearms sales business. As such, I will be maintaining the gunsmithing and retail ammunition sales portion of the business.

    All that said, what licenses does CA require to just do gunsmithing and ammo sales?

    Appreciate the help.
    American soldier by choice. Made in America by the Grace of God.

    So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
    Judge Roger T. Benitez
    LCM's ruled legal 3/29/2019
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    AFAIK...

    To legally be a "gunsmith" in CA, you need:
    1. A valid Type 01-FFL.
    2. A valid business license to operate as a gunsmith from your city/county Gov.
    3. A valid COE.

    For ammo sales, legally, you need to be a CA DOJ licensed ammunition vendor [PC 16151(a)] or CA FFL dealer [PC 16151(b)].

    Application for Ammunition Vendor License: Non-Firearms Dealer (BOF 1021)
    ^You will need:
    1. A valid business license to sell ammunition from your city/county Gov.
    2. A valid CA FTB vendor license.
    3. A valid COE.


    Penal Code 16630
    As used in this part, “gunsmith” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person.

    Penal Code 16151
    (a) As used in this part, commencing January 1, 2018, “ammunition vendor” means any person, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385.
    (b) Commencing January 1, 2018, a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, shall automatically be deemed a licensed ammunition vendor, provided the dealer complies with the requirements of Articles 2 (commencing with Section 30300) and 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4.

    Penal Code 30385
    (a) The Department of Justice is authorized to issue ammunition vendor licenses pursuant to this article. The department shall, commencing July 1, 2017, commence accepting applications for ammunition vendor licenses. If an application is denied, the department shall inform the applicant of the reason for denial in writing.
    (b) The ammunition vendor license shall be issued in a form prescribed by the department and shall be valid for a period of one year. The department may adopt regulations to administer the application and enforcement provisions of this article. The license shall allow the licensee to sell ammunition at the location specified in the license or at a gun show or event as set forth in Section 30348.
    (c)(1) In the case of an entity other than a natural person, the department shall issue the license to the entity, but shall require a responsible person to pass the background check pursuant to Section 30395.
    (2) For purposes of this article, “responsible person” means a person having the power to direct the management, policies, and practices of the entity as it pertains to ammunition.
    (d) Commencing January 1, 2018, a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, shall automatically be deemed a licensed ammunition vendor, provided the dealer complies with the requirements of Article 2 (commencing with Section 30300) and Article 3 (commencing with Section 30342).

    California Code of Regulations Title 11 Division 5 Chapter 10 Article 1 Section 4260
    Ammunition Vendor License Applications.
    (a) Applicants for an initial ammunition vendor license must complete and submit Department of Justice Ammunition Vendor License (Non-Firearms Dealer), form BOF 1021 (Rev. 12/2019), which is hereby incorporated by reference. The application must be submitted with the fee specified in section 4261 and a copy of the following:
    (1) Any regulatory or business license required by local government.
    (2) Valid seller's permit issued by the California Department of Tax and Fee Administration.
    (3) Federal Firearms License if the applicant is federally licensed.
    (4) Certificate of Eligibility pursuant to Penal Code section 26710.
    (b) Applicants for renewal of an ammunition vendor license must complete and submit Department of Justice Ammunition Vendor License Renewal Fee Transmittal, form BOF/CAV-0012 (Orig. 01/2018 ), which is hereby incorporated by reference, with the fee specified in section 4261.
    (c) A firearms dealer licensed pursuant to Penal Code sections 26700 to 26915 is automatically deemed a licensed ammunition vendor pursuant to Penal Code section 30385(d) and is not required to submit an application for an ammunition vendor license.
    Last edited by Quiet; 12-08-2022, 3:02 PM.
    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
      Tyke8319
      CGN/CGSSA Contributor
      CGN Contributor
      • Nov 2013
      • 2105

      Thanks "Q"..! Always to the rescue. Looks like I'm in good shape. There are a couple I can dump.

      What's an "FTB vendor license".?
      American soldier by choice. Made in America by the Grace of God.

      So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
      Judge Roger T. Benitez
      LCM's ruled legal 3/29/2019

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by Tyke8319
        What's an "FTB vendor license".?
        Sorry, I mixed up the CA bureaucracies...

        CA Department of Tax and Fee Administration
        CA Franchise Tax Board

        Need to get vendor permit/license from the CA Department of Tax and Fee Administraion (not the FTB) in order to pay/account for CA taxes. [11 CCR 4260(a)(2)]


        California Code of Regulations Title 11 Division 5 Chapter 10 Article 1 Section 4260
        Ammunition Vendor License Applications.
        (a) Applicants for an initial ammunition vendor license must complete and submit Department of Justice Ammunition Vendor License (Non-Firearms Dealer), form BOF 1021 (Rev. 12/2019), which is hereby incorporated by reference. The application must be submitted with the fee specified in section 4261 and a copy of the following:
        (1) Any regulatory or business license required by local government.
        (2) Valid seller's permit issued by the California Department of Tax and Fee Administration.
        (3) Federal Firearms License if the applicant is federally licensed.
        (4) Certificate of Eligibility pursuant to Penal Code section 26710.
        (b) Applicants for renewal of an ammunition vendor license must complete and submit Department of Justice Ammunition Vendor License Renewal Fee Transmittal, form BOF/CAV-0012 (Orig. 01/2018 ), which is hereby incorporated by reference, with the fee specified in section 4261.
        (c) A firearms dealer licensed pursuant to Penal Code sections 26700 to 26915 is automatically deemed a licensed ammunition vendor pursuant to Penal Code section 30385(d) and is not required to submit an application for an ammunition vendor license.
        Last edited by Quiet; 12-08-2022, 4:52 PM.
        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

        • #5
          ASD1
          1/2 BANNED
          CGN Contributor - Lifetime
          • Apr 2012
          • 1793

          Originally posted by Tyke8319
          The back story:
          I've been in the retail/gunsmithing business for 52 years. Calif's upcoming June 23 new laws are forcing me to close down my retail firearms sales business. As such, I will be maintaining the gunsmithing and retail ammunition sales portion of the business.

          All that said, what licenses does CA require to just do gunsmithing and ammo sales?

          Appreciate the help.
          My question would be, Will CA still consider you a dealer because you still need a 01-FFL to be a smith.
          sigpic

          Comment

          • #6
            kendog4570
            Calguns Addict
            • Dec 2008
            • 5180

            Originally posted by ASD1
            My question would be, Will CA still consider you a dealer because you still need a 01-FFL to be a smith.

            Yes. And no. If you are a gunsmith only, no transfers, then you can state that on your COE application and be exempted from having to do transfers. You may also want to be added to the CA exempt FFL list (CLEFFL) so you can receive serialized parts (firearms). This would be your shipping number if you have occasion to have guns shipped to you for other than service, or to transfer guns to other dealers in the state. Some of my customers have me order actions for builds and I transfer them with the CLEFFL number to a dealer that can DROS it to them. Then they bring it back to me for service.

            As a federal licensee, receiving and returning guns to other licensees and unlicensed individuals for SERVICE is OK. Service and repairs are not transfers and you can return it to its owner without DROS.
            Last edited by kendog4570; 12-08-2022, 11:29 PM.

            Comment

            • #7
              Tyke8319
              CGN/CGSSA Contributor
              CGN Contributor
              • Nov 2013
              • 2105

              Great info. Thanks very much.
              American soldier by choice. Made in America by the Grace of God.

              So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
              Judge Roger T. Benitez
              LCM's ruled legal 3/29/2019

              Comment

              • #8
                kendog4570
                Calguns Addict
                • Dec 2008
                • 5180

                Originally posted by Tyke8319
                Great info. Thanks very much.

                PM me and we can connect on the phone.

                Comment

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