All purchases must be made through a licensed vendor
The issue of gun control provokes strong feelings in people across the United States, and here in California. However, because the use of guns in a number of crimes has increased in the state, including in drug crimes and in mass shootings, the California Legislature has taken action to restrict the ownership, sale and use of guns and various related components. Many of these laws take effect in 2018, including one that restricts the sale of ammunition.
The new law requires all ammunition sales to either be conducted by or processed through a licensed ammunition dealer. Sellers can become licensed through the California Department of Justice, or DOJ. A sale of ammunition is only lawful in the state of California if the seller is licensed through the DOJ. Otherwise, if neither the buyer nor the seller is a licensed ammunition dealer, the transaction must be processed through a third party vendor. This includes stores such an ammunition shops approved by the DOJ.
In practical terms, this new law means that Californians can no longer purchase ammunition online — unless the seller is approved and licensed by the DOJ. In addition, the seller may charge a fee to cover the cost of being licensed. This may make ammunition more expensive, and may make it less convenient to purchase ammunition. Importantly, this law does not apply to certain categories of buyers, including peace officers and law enforcement officers, importers or manufacturers of ammunition or firearms, licensed collectors of firearms and ammunition vendors. An Orange County criminal defense attorney can help you determine if you fall into one of the exceptions to the law under the amended version of the California Criminal Code.
Perhaps most significantly, violation of this law is a misdemeanor offense. That means that if you are caught purchasing ammunition from someone who is not a licensed ammunition vendor, you may be convicted of this crime, and sent to county jail for a term of six months to one year. You may also face a fine of $1,000 to $2,000 for violating this law. As an Orange County criminal defense attorney can explain to you, ignorance of the law is not a defense to the crime.
The new laws surrounding firearms ownership, including the sale and purchase of guns and ammunition are confusing, particularly for California gun owners who have complied with gun laws for years and may be unaware of the updates to the existing laws. That is why it is important to consult with an attorney who stays up to date with the changes to these laws, and who can advise you of your legal rights and obligations.
The Chambers Law Firms counsels clients on their legal responsibilities and represents Californians who have been charged with all levels of crimes, including those related to gun ownership. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
