The California DOJ last week submitted proposed "emergency" regulations to the state's Office of Administrative Law for ammunition background checks slated to begin on July 1. The law requiring background checks was originally passed as part of the so-called gunmageddon period that included a slate of restrictive gun control laws through the legislature and Proposition 63 in 2016.
The California Department of Justice has had nearly 2½ years to write the regulations for ammunition purchases as required by law, but like D-student in high school, they waited until less than two weeks before the deadline to announce the rules.
Ammo background check details
Unlike the universal background checks already in place for all firearms transfers in the state, the ammunition checks will not not, by law, be allowed to use the FBI's NICS system. Instead, only state databases will be used.
The ammunition background check will cost $1 if the individual has any firearm already registered in the state's database. If the individual does not have any record of firearm ownership in the state, then the fee will be $19. Contrary to some reports, you are not limited to buying only ammunition that matches firearms the state knows you have.
Unlike some of the state's pre-existing gun regulations, individuals who have a concealed carry permit or a Certificate of Eligibility (COE)—both of whom have already been fingerprinted as part of acquiring those document and undergone a comprehensive background check—they are not exempt from ammunition background checks.
Where most of the outrage is directed
The most outrageous proposed regulation that has the chance to impact most California gun owners almost immediately is the state DOJ's insistence that only RealID-compliant driver's licenses are sufficient for the purchase of ammunition.
Michel & Associates, representing the National Rifle Association and the California Rifle & Pistol Association, has penned an exhaustive letter opposing the new regulations and pointing out that the RealID requirement is both a) contrary to federal rules on purchasing firearms and ammunition and b) only arguably necessary because of the state's own policy decisions with regard to issuing illegal aliens drivers licenses.
When purchasing a firearm in California, purchasers must present “clear evidence of the person’s identity and age” to a California licensed firearms dealer. California law defines the term “clear evidence of the person’s identity and age” as either:
1) A “valid California driver’s license;” or,
2) A “valid California identification card issued by the Department of Motor Vehicles.”
As applied to ammunition transactions, California law simply requires individuals to provide their “driver’s license or other identification number and the state in which it was issued,” or, in the case of a person meeting an exception to the ammunition transfer requirements, “bona fide evidence of identity.” As defined under California law, “bona fide evidence of identity” is “a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person.”
Neither firearm nor ammunition transactions, therefore, require individuals to provide
federally compliant IDs or any supplemental documentation demonstrating a person’s lawful
presence in the United States under California law.
It's unclear, other than just because they believe they can, the California DOJ would make ammunition purchases more onerous than firearms purchases.
Emergency regulations aren't an emergency
Or they're only an emergency due to an "emergency" that the DOJ caused itself.
What is not stated by DOJ is that it failed to mention any of these concerns to the California Legislature while SB 244 and other related bills were being considered. In fact, California’s Attorney General has often expressed support for California’s efforts in these regards. As a result, DOJ’s claimed “emergency” is of its own making. DOJ could have raised its concerns at any point during the legislative process for the bills it mentions—yet it chose not to do so in favor of supporting its unrelated immigration agenda. What’s more, DOJ’s findings amount to nothing more than a general public need or speculation, as demonstrated by the fact that it has not described a single instance where a prohibited person was able to obtain firearms or ammunition as a result of these issues. DOJ’s findings are therefore not adequate to demonstrate the existence of an emergency as required by the APA.
Buy Ammo now
A week remains before the background checks go into effect. Restricted Arms would encourage California gun owners to stock up before the July 1 regulations go into effect. Based upon past experience with the California DOJ, there is no guarantee that the ammunition background check system will work flawlessly and eligible gun owners may find it difficult to buy ammo.
