SB 715 Bulletin Review

[grego31]

[SkyHawk]

Can someone help me make sense of this? I was reading through the bulletins on the DROS website and when I got to the new laws going into effect, SB715 made me pause. Does this wording mean that licensed ammo venders don't have to go through the dros process and their coe and license requirements mean no FSC?

"Exempts licensed ammunition manufacturers

it says licensed ammo manufacturer, not licensed ammo vendor

[grego31]

it says licensed ammo manufacturer, not licensed ammo vendor

My mistake, updated the post to read ammo manufacturer with ffl

[SkyHawk]

So it says a licensed ammo manufacturer does not need to use a dealer when acquiring guns that will be used to conduct their licensed activities. Presumably that means guns for testing and development of ammo etc.

Not good for acquiring guns they want to buy and give their kids, for instance.

The actual PC is here
https://leginfo.legislature.ca.gov/f...ctionNum=26537.

https://leginfo.legislature.ca.gov/f...ctionNum=27963.

https://leginfo.legislature.ca.gov/f...ctionNum=31834.


The question then is, how does a dealer transfer to a 06 FFL? Because AFAIK they are subject to 4473 background checks - they get no special treatment when it comes to firearms, and dealers in CA cannot do those without doing a DROS. And out of state FFLs aren't gonna transfer anything to a 06 without a 4473 and that likely means only residents of their own state.

So I am not sure what they are getting at. Could they be referring to 07 FFL?

Otherwise the only thing I see this maybe applying to when it comes to 06 FFL, is acquiring guns directly from a private party when both are CA residents, and the guns are to be used for ammo manufacturing activities. Because a federally licensed FFL cannot give a 06 FFL a pass when transferring guns to them.

06 FFL is just a regular Joe when it comes to guns. Just because the state gives 06 FFL a pass does not mean they get a federal pass. That leaves them only able to acquire from non-licensees who are residents of their same state, which is just like it works for non-licensees in free states.

UNLESS - the state is giving a pass on NICS checks? For instance in some states, CCW holders do get a pass on NICS. A 4473 still has to be filled out, but no NICS checks. Other permits also qualify for a NICS bypass, see

https://www.atf.gov/firearms/docs/open-letter/california-oct1998-open-letter-permanent-provisions-brady-law/download

and

https://regulations.atf.gov/478-102/2019-24570#478-102-d

But note, for CA specifically:

We must caution, however, that this exception applies only to the Entertainment Firearms Permit, and that no other firearms license/permit issued by the State of California qualifies for this exception.

So the ATF says the only people in CA exempt from NICS when transferring from a dealer, is Hollywood.

I think further clarification is needed (shocker!) and perhaps from knowledgeable attorneys.

[grego31]

At first I was thinking this might have something to do with the precursor of parts requirements to go through a dealer so if they maybe wanted to get a barrel or parts for R&D but since they reference firearms specifically it seems to contradict several known laws!

[SkyHawk]

At first I was thinking this might have something to do with the precursor of parts requirements to go through a dealer so if they maybe wanted to get a barrel or parts for R&D but since they reference firearms specifically it seems to contradict several known laws!

barrels and parts are not precursor parts, that bill died. Only uncompleted frames and receivers are precursor parts.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=16531

16531.
(a) As used in this part, “firearm precursor part” means a component of a firearm that is necessary to build or assemble a firearm and is described in either of the following categories:
(1) An unfinished receiver, including both a single part receiver and a multiple part receiver, such as a receiver in an AR-10- or AR-15-style firearm. An unfinished receiver includes a receiver tube, a molded or shaped polymer frame or receiver, a metallic casting, a metallic forging, and a receiver flat, such as a Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate.
(2) An unfinished handgun frame.

Also note that 03+COE and 06/07/08/11 FFL (and others) are exempt from precursor transfer laws:

https://leginfo.legislature.ca.gov/f...ctionNum=30412.

(c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of a firearm precursor part to any of the following:

(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.

(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.