DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

On Friday, July 14th, the California Department of Justice, Bureau of Firearms (“DOJ”) claims to have released its anticipated proposed regulations for the issuance of ammunition vendor licenses to businesses who sell or transfer ammunition pursuant to Proposition 63. Under the Administrative Procedure Act, a government agency is required to provide notice to those who signed up for “notifications of future rulemaking activities.” But NRA and CRPA attorneys received no notice of the proposed regulations, despite being subscribed to receive emails regarding any and all rulemaking activity from DOJ.

As written, these proposed regulations include new requirements for the issuance of ammunition vendor licenses, restrictions on the display of ammunition in stores, fees for processing private party ammunition sales, and the procedures for the suspension and forfeiture of licenses.

If DOJ’s proposed regulations take effect, those who are not California licensed firearm dealers (or subject to limited exceptions) will be required to pay an annual $198 fee for the privilege of selling ammunition in the state of California. And according to the proposed regulations, the vendor or dealer may charge up to $5 for processing “private party transfers” when the purchaser is present “for immediate delivery.” Dealers and vendors may charge “an additional storage fee” as agreed upon should the purchaser not be immediately present. Remember: under Proposition 63, Californians who purchase ammunition must do so face-to-face and when the ammunition is purchased from outside of California the ammunition must first be sent to an ammunition vendor or California licensed firearm dealer before it can be delivered to the purchaser.

This past June, NRA and CRPA attorneys warned DOJ that failing to publish these regulations in a timely manner could result in delays in the implementation of the provisions of Proposition 63, which as of January 1, 2018, require all ammunition sales in California to be conducted through a California licensed firearm dealer or ammunition vendor. Under Proposition 63, DOJ was required to implement these regulations by July 1, 2017, but is only just now introducing the proposal.

Now, we need your help to make sure DOJ doesn’t overstep its authority as it has done many times this year already. As required under California law, DOJ will be holding a public hearing and public comment period for its proposed regulations. A public hearing has been scheduled from 10:00 a.m. to 12:00 p.m. on Monday, August 28, 2017, at the Resources Building Auditorium, located at 1416 9^th Street, Sacramento, California 95814. If past experience tells us anything, expect nothing more than a room with a tape recorder.

Nevertheless, we encourage all of our members who are able to attend the public hearing to make their voices heard during the regulatory process and to submit written comments to ensure that they are included in the record. And if you are unable to present your comments in person, you can submit them directly to the following person:

Jeff Amador
Department of Justice
P.O. Box 160487
Sacramento, CA 95816-0487
Email: regulations@doj.ca.gov
Fax: (916) 227-1068

In the meantime, NRA and CRPA attorneys will continue to monitor the situation as it develops and will be providing members with more details shortly. So make sure you are subscribed to NRA and CRPA email alerts to stay informed on this and other important Second Amendment issues here in California.