The law is under attack by gun rights advocates
In 2016, California voters passed Proposition 63, a wide-ranging law designed to prevent convicted criminals from owning and using firearms. In July, the final provision of this measure went into effect. Now, anyone purchasing ammunition in California will be subjected to the same background checks required for purchasing a gun.
Under the new law, known as the Safety for All Act, ammunition purchasers in California are required to go through a background check prior to making a purchase. The buyer will be required to pay for the background check to purchase ammunition. All sales must be made through a licensed vendor, and reported to the California Department of Justice (DOJ). If a seller loses any ammunition, or has any ammunition stolen, it must be reported to the DOJ within 48 hours.
In addition, sellers must record information about people buying ammunition and report that data to the DOJ. This includes the purchaser’s identification, their date of birth, their residential address and telephone number. The brand, type, and amount of ammunition sold will be reported, along with their signature and the name of the person who processed the sale. These records will be kept confidential other than for law enforcement use.
According to a criminal attorney in Long Beach, CA, it is not illegal under this law to sell or share ammunition with spouses, domestic partners, parents, grandparents, children or grandchildren. Individuals can also share — but not sell — ammunition in person with friends and shooting partners, unless they believe that the ammunition would be illegally provided to someone unauthorized to possess ammunition. Similarly, individuals can purchase ammunition at a shooting range for use at the range.
Generally, a person is prohibited from owning or possessing ammunition in California if they are also ineligible to purchase a firearm. People who are under an injunction as a member of a criminal street gang are also prohibited from owning or possessing ammunition. Under California law, the minimum age to possess ammunition is 18 (with some limited exceptions), and 21 for handgun ammunition.
According to a criminal attorney in Long Beach, CA, if a person owns or possesses ammunition in violation of California law, then they may be charged with a misdemeanor offense, and sentenced to up to one year in county jail, plus a fine of up to $1,000. For selling ammunition to a person who is banned from possessing it, an individual, corporation or firm may be charged with a misdemeanor offense. The punishment for this crime may include a fine of up to $1,000 and/or imprisonment in county jail for up to one year.
Although the law took effect in July 2019, gun rights advocates have sued to block it, arguing that it is an infringement on their Second Amendment rights. Although time will tell how the lawsuit will shake out, one thing is for certain — California will continue to have some of the strictest gun control laws in the nation. Understanding them is critical to avoiding criminal charges.
The Chambers Law Firm believes that education is vital for our clients and for all Californians. The criminal justice system is complicated, and it can be difficult to keep up with ever-changing laws. Our criminal attorneys in Long Beach, CA take the time to explain the law to our clients, along with options for resolving the case. To learn more or to schedule a free initial consultation, contact us at 714-760-4088 or dchambers@clfca.com.
