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Ammo sales 03 and COe

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  • 19K
    Veteran Member
    • Aug 2013
    • 3621

    Ammo sales 03 and COe

    Good afternoon.

    Can a seller with an FFL03 (C&R) and COE sell ammo to someone who also has the C&R and COE without going through an ammo PPT at a gunshop?

    I?ve read many posts and seen conflicting information about this. Anyone care to clear this up?
  • #2
    mej16489
    Veteran Member
    • Aug 2008
    • 2714

    I don't believe there is any C&R+COE exception at all for CA in-person ammo transactions.

    Comment

    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      The buyer needs to have a valid C&R 03-FFL and valid COE for the transfer to be exempt from needing to be done through a CA DOJ licensed ammunition vendor or CA FFL dealer. [PC 30312(c)(6)]

      The seller, with a valid C&R 03-FFL and valid COE, is not exempt from the 500 round per 30 day limit. [PC 30342]




      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:
      (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.

      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) Subdivision (a) does not apply to, or affect the sale of, ammunition to a person who holds a valid ammunition vendor license by a person in order to comply with Section 6389 of the Family Code.
      (c) A violation of this section is a misdemeanor.
      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

      • #4
        19K
        Veteran Member
        • Aug 2013
        • 3621

        Originally posted by Quiet
        The buyer needs to have a valid C&R 03-FFL and valid COE for the transfer to be exempt from needing to be done through a CA DOJ licensed ammunition vendor or CA FFL dealer. [PC 30312(c)(6)]

        The seller, with a valid C&R 03-FFL and valid COE, is not exempt from the 500 round per 30 day limit. [PC 30342]




        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:
        (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.

        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) Subdivision (a) does not apply to, or affect the sale of, ammunition to a person who holds a valid ammunition vendor license by a person in order to comply with Section 6389 of the Family Code.
        (c) A violation of this section is a misdemeanor.

        Gotcha. I missed that part that says ?sale, delivery, or transfer?. I thought it only applied to people buying ammo and not the selling of it.

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by 19K
          Gotcha. I missed that part that says "sale, delivery, or transfer". I thought it only applied to people buying ammo and not the selling of it.
          Note that...
          1. The person acquiring the ammo is the person that needs to have a valid C&R 03-FFL and valid COE.
          2. The person selling the ammo is still limited to 500 rounds per 30 days, even if that person has a valid C&R 03-FFL and valid COE.
          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

          • #6
            19K
            Veteran Member
            • Aug 2013
            • 3621

            Originally posted by Quiet
            Note that...
            1. The person acquiring the ammo is the person that needs to have a valid C&R 03-FFL and valid COE.
            2. The person selling the ammo is still limited to 500 rounds per 30 days, even if that person has a valid C&R 03-FFL and valid COE.
            I understand. I don?t see any restriction on shipping sales either as long as both the seller and buyer have the proper documents and it?s limited to 500 rounds every 30 days.

            Comment

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