For now, people who want to buy ammunition in California must undergo a background check.
In July 2019, a new California law took effect regarding the purchase of ammunition. Under this law, Californians must be able to pass a background check in order to buy ammunition. This involves putting a potential buyer’s name into a system that checks it against the California Department of Justice’s database. Under this aspect of Proposition 63, people who have been convicted of certain crimes, such as domestic violence, individuals with felony convictions, those who do not own a registered weapon, or who have a severe mental illness cannot purchase ammunition.
Shortly after the law was enacted, gun rights’ groups filed a lawsuit asking for a declaration that it violated the Second Amendment right to bear arms. A federal judge agreed, holding that the law was unconstitutional. In April, a federal appeals court put a hold on the lower court’s ruling. This allows the law to be enforced while the case works its way through the judicial system.
As a criminal attorney in Orange County, CA can explain, this law doesn’t just require individuals to undergo a background check before buying ammunition. Under Prop 63, a person who sells or gives ammunition to someone who is prohibited from owning it may be charged with a misdemeanor offense. This crime is punishable by up to 1 year in county jail, and/or a fine of up to $1,000.
You may be prohibited from purchasing ammunition if you are not allowed to own a gun in California. People may be forbidding from owning a firearm if they:
- Have been convicted of any felony offense in any jurisdiction;
- Are addicted to narcotics;
- Have two or more convictions for brandishing a weapon;
- Have been convicted of certain misdemeanor offenses, such as domestic violence;
- Suffer from mental illness (if they have been placed on 2 involuntary psychiatric holds in a year, they will be banned from owning a gun for life); and
- People under the age of 18.
In California, if you are prohibited from owning a gun, you are also not allowed to own ammunition. In addition, if you are not a registered gun owner, then you cannot purchase ammunition under this law.
There are exceptions to this general rule for the sale of ammunition to law enforcement, hunting clubs, firearms dealers, and similar organizations. You can also sell up to 50 rounds each month directly to someone else if that person is an immediate family member or relative, or if the sale is between licensed hunters while engaged in lawful hunting activity. Otherwise, all ammunition sales must be conducted via a licensed ammunition dealer.
As this battle continues to go through the court system, it is important to stay up-to-date on what the law is right now. If you have any questions, reach out to a criminal attorney in Orange County, CA for advice.
The Chambers Law Firm represents individuals who have been charged with all types of California criminal offenses. To learn more or to schedule a consultation with a member of our team, contact us at 714-760-4088 or dchambers@clfca.com.
